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Project 2025 | |
P R ESI D EN T I A L T R A N S I TI O N P R OJE C T | |
| |
© 2023 by The Heritage Foundation | |
214 Massachusetts Ave., NE | |
Washington, DC 20002 | |
(202) 546-4400 | heritage.org | |
All rights reserved. | |
Printed in the United States of America. | |
ISBN: 978-0-89195-174-2 | |
| |
Foreword by Kevin D. Roberts, PhD | |
Edited by Paul Dans and Steven Groves | |
| |
Contents | |
ACKNOWLEDGMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix | |
THE PROJECT 2025 ADVISORY BOARD.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi | |
THE 2025 PRESIDENTIAL TRANSITION PROJECT: | |
A NOTE ON “PROJECT 2025”.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiii | |
AUTHORS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xv | |
CONTRIBUTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xxv | |
FOREWORD: A PROMISE TO AMERICA.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 | |
Kevin D. Roberts, PhD | |
SECTION 1: TAKING THE REINS OF GOVERNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 | |
1. | |
2. | |
WHITE HOUSE OFFICE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 | |
Rick Dearborn | |
EXECUTIVE OFFICE OF THE PRESIDENT | |
OF THE UNITED STATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 | |
Russ Vought | |
CENTRAL PERSONNEL AGENCIES: | |
MANAGING THE BUREAUCRACY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 | |
Donald Devine, Dennis Dean Kirk, and Paul Dans | |
SECTION 2: THE COMMON DEFENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 | |
4. | |
5. | |
6. | |
7. | |
8. | |
DEPARTMENT OF DEFENSE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 | |
Christopher Miller | |
DEPARTMENT OF HOMELAND SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 | |
Ken Cuccinelli | |
DEPARTMENT OF STATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 | |
Kiron K. Skinner | |
INTELLIGENCE COMMUNITY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 | |
Dustin J. Carmack | |
MEDIA AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 | |
U.S. AGENCY FOR GLOBAL MEDIA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 | |
Mora Namdar | |
CORPORATION FOR PUBLIC BROADCASTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 | |
Mike Gonzalez | |
9. AGENCY FOR INTERNATIONAL DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 | |
Max Primorac | |
| |
3. | |
SECTION 3: THE GENERAL WELFARE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 | |
10. DEPARTMENT OF AGRICULTURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 | |
Daren Bakst | |
11. DEPARTMENT OF EDUCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 | |
Lindsey M. Burke | |
12. DEPARTMENT OF ENERGY | |
AND RELATED COMMISSIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 | |
Bernard L. McNamee | |
13. ENVIRONMENTAL PROTECTION AGENCY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 | |
Mandy M. Gunasekara | |
14. DEPARTMENT OF HEALTH | |
AND HUMAN SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449 | |
Roger Severino | |
15. DEPARTMENT OF HOUSING | |
AND URBAN DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 | |
Benjamin S. Carson, Sr., MD | |
16. DEPARTMENT OF THE INTERIOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517 | |
William Perry Pendley | |
17. DEPARTMENT OF JUSTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545 | |
| |
Gene Hamilton | |
18. DEPARTMENT OF LABOR | |
AND RELATED AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581 | |
Jonathan Berry | |
19. DEPARTMENT OF TRANSPORTATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619 | |
Diana Furchtgott-Roth | |
20. DEPARTMENT OF VETERANS AFFAIRS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641 | |
Brooks D. Tucker | |
SECTION 4: THE ECONOMY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657 | |
21. DEPARTMENT OF COMMERCE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663 | |
Thomas F. Gilman | |
22. DEPARTMENT OF THE TREASURY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 | |
William L. Walton, Stephen Moore, and David R. Burton | |
23. EXPORT–IMPORT BANK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717 | |
THE EXPORT–IMPORT BANK SHOULD BE ABOLISHED.. . . . . . . . . . . . . . . . . . . . 717 | |
Veronique de Rugy | |
THE CASE FOR THE EXPORT–IMPORT BANK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724 | |
Jennifer Hazelton | |
24. FEDERAL RESERVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731 | |
Paul Winfree | |
25. SMALL BUSINESS ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745 | |
Karen Kerrigan | |
26. TRADE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765 | |
THE CASE FOR FAIR TRADE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765 | |
Peter Navarro | |
THE CASE FOR FREE TRADE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 796 | |
Kent Lassman | |
27. FINANCIAL REGULATORY AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 829 | |
SECURITIES AND EXCHANGE COMMISSION | |
AND RELATED AGENCIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 829 | |
David R. Burton | |
CONSUMER FINANCIAL PROTECTION BUREAU. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 837 | |
Robert Bowes | |
28. FEDERAL COMMUNICATIONS COMMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 845 | |
Brendan Carr | |
29. FEDERAL ELECTION COMMISSION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 861 | |
Hans A. von Spakovsky | |
30. FEDERAL TRADE COMMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 869 | |
Adam Candeub | |
ONWARD!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883 | |
Edwin J. Feulner | |
| |
SECTION 5: INDEPENDENT REGULATORY AGENCIES. . . . . . . . . . . . . . . . 825 | |
| |
Acknowledgments | |
T | |
Paul Dans & Steven Groves | |
— ix — | |
| |
his work, Mandate for Leadership 2025: The Conservative Promise, is a collective effort of hundreds of volunteers who have banded together in the | |
spirit of advancing positive change for America. Our work is by no means | |
the comprehensive compendium of conservative policies, nor is our group the | |
exclusive cadre of conservative thinkers. The ideas expressed in this volume are | |
not necessarily shared by all. What unites us is the drive to make our country better. | |
First and foremost, we thank the chapter authors and contributors who gave | |
so freely of their time in service of their country. | |
We were particularly grateful to have the help of dedicated members of The | |
Heritage Foundation’s management and policy teams. Executive Vice President | |
Derrick Morgan, Chief of Staff Wesley Coopersmith, Associate Director of Project | |
2025 Spencer Chretien, and Thomas A. Roe Institute for Economic Policy Studies | |
Director Paul Ray devoted a significant amount of their valuable time to reviewing | |
and editing the lengthy manuscript and provided expert advice and insight. | |
The job of transforming the work of dozens of authors and hundreds of | |
contributors into a cohesive manuscript fell upon Heritage’s formidable team of | |
editors led by Director of Research Editors Therese Pennefather, Senior Editor | |
William T. Poole, Marla Hess, Jessica Lowther, Karina Rollins, and Kathleen | |
Scaturro, without whose tireless efforts you would not be reading these words. | |
The talented work of Data Graphics Services Manager John Fleming, Manager of | |
Web Development and Print Projects Jay Simon, Director of Marketing Elizabeth | |
Fender, Senior Graphic Designer Grace Desandro, and Senior Designer Melissa | |
Bluey came together to bring the volume to life. We also thank the dedicated junior | |
staff who provided immeasurable assistance, especially Jordan Embree, Sarah | |
Calvis, and Jonathan Moy. | |
Most important, we are grateful to the leadership, supporters, and donors of | |
each of the Project 2025 advisory board member organizations and those of The | |
Heritage Foundation, without whom Project 2025 would not be possible. | |
Thank you. | |
| |
The Project 2025 | |
Advisory Board | |
— xi — | |
| |
Alabama Policy Institute | |
Alliance Defending Freedom | |
American Compass | |
The American Conservative | |
America First Legal Foundation | |
American Accountability Foundation | |
American Center for Law and Justice | |
American Cornerstone Institute | |
American Council of Trustees and Alumni | |
American Legislative Exchange Council | |
The American Main Street Initiative | |
American Moment | |
American Principles Project | |
Center for Equal Opportunity | |
Center for Family and Human Rights | |
Center for Immigration Studies | |
Center for Renewing America | |
Claremont Institute | |
Coalition for a Prosperous America | |
Competitive Enterprise Institute | |
Conservative Partnership Institute | |
Concerned Women for America | |
Defense of Freedom Institute | |
Ethics and Public Policy Center | |
Family Policy Alliance | |
Family Research Council | |
First Liberty Institute | |
Forge Leadership Network | |
Foundation for Defense of Democracies | |
Foundation for Government Accountability | |
FreedomWorks | |
The Heritage Foundation | |
Hillsdale College | |
Honest Elections Project | |
Mandate for Leadership: The Conservative Promise | |
| |
Independent Women’s Forum | |
Institute for the American Worker | |
Institute for Energy Research | |
Institute for Women’s Health | |
Intercollegiate Studies Institute | |
James Madison Institute | |
Keystone Policy | |
The Leadership Institute | |
Liberty University | |
National Association of Scholars | |
National Center for Public Policy Research | |
Pacific Research Institute | |
Patrick Henry College | |
Personnel Policy Operations | |
Recovery for America Now Foundation | |
1792 Exchange | |
Susan B. Anthony Pro-Life America | |
Texas Public Policy Foundation | |
Teneo Network | |
Young America’s Foundation | |
— xii — | |
The 2025 Presidential | |
Transition Project | |
A NOTE ON | |
“PROJECT 2025” | |
— xiii — | |
| |
W | |
e want you! The 2025 Presidential Transition Project is the conservative | |
movement’s | |
| |
unified effort to be ready for the next conservative | |
Administration | |
| |
to govern at 12:00 noon, January 20, 2025. Welcome | |
to the mission. By opening this book, you are now a part of it. Indeed, one set | |
of eyes reading these passages will be those of the 47th President of the United | |
States, and we hope every other reader will join in making the incoming Administration a success. | |
History teaches that a President’s power to implement an agenda is at its apex during | |
the Administration’s opening days. To execute requires a well-conceived, coordinated, | |
unified plan and a trained and committed cadre of personnel to implement it. In recent | |
election cycles, presidential candidates normally began transition planning in the late | |
spring of election year or even after the party’s nomination was secured. That is too late. | |
The federal government’s complexity and growth advance at a seemingly logarithmic | |
rate every four years. For conservatives to have a fighting chance to take on the Administrative State and reform our federal government, the work must start now. The entirety | |
of this effort is to support the next conservative President, whoever he or she may be. | |
In the winter of 1980, the fledging Heritage Foundation handed to President-elect | |
Ronald Reagan the inaugural Mandate for Leadership. This collective work by conservative thought leaders and former government hands—most of whom were not part of | |
Heritage—set out policy prescriptions, agency by agency for the incoming President. | |
The book literally put the conservative movement and Reagan on the same page, and | |
the revolution that followed might never have been, save for this band of committed and | |
volunteer activists. With this volume, we have gone back to the future—and then some. | |
Mandate for Leadership: The Conservative Promise | |
It’s not 1980. In 2023, the game has changed. The long march of cultural Marxism | |
through our institutions has come to pass. The federal government is a behemoth, | |
weaponized against American citizens and conservative values, with freedom and | |
liberty under siege as never before. The task at hand to reverse this tide and restore | |
our Republic to its original moorings is too great for any one conservative policy shop | |
to spearhead. It requires the collective action of our movement. With the quickening | |
approach of January 2025, we have two years and one chance to get it right. | |
Project 2025 is more than 50 (and growing) of the nation’s leading conservative | |
organizations joining forces to prepare and seize the day. The axiom goes “personnel is policy,” and we need a new generation of Americans to answer the call and | |
come to serve. This book is functionally an invitation for you the reader—Mr. Smith, | |
Mrs. Smith, and Ms. Smith—to come to Washington or support those who can. Our | |
goal is to assemble an army of aligned, vetted, trained, and prepared conservatives | |
to go to work on Day One to deconstruct the Administrative State. | |
The project is built on four pillars. | |
| |
l | |
l | |
l | |
l | |
Pillar I—this volume—puts in one place a consensus view of how major | |
federal agencies must be governed and where disagreement exists brackets | |
out these differences for the next President to choose a path. | |
Pillar II is a personnel database that allows candidates to build their own | |
professional profiles and our coalition members to review and voice their | |
recommendations. These recommendations will then be collated and shared | |
with the President-elect’s team, greatly streamlining the appointment process. | |
Pillar III is the Presidential Administration Academy, an online | |
educational system taught by experts from our coalition. For the newcomer, | |
this will explain how the government functions and how to function in | |
government. For the experienced, we will host in-person seminars with | |
advanced training and set the bar for what is expected of senior leadership. | |
In Pillar IV—the Playbook—we are forming agency teams and drafting transition plans to move out upon the President’s utterance of “so help me God.” | |
As Americans living at the approach of our nation’s 250th birthday, we have been | |
given much. As conservatives, we are as much required to steward this precious | |
heritage for the next generation. On behalf of our coalition partners, we thank you | |
and invite you to come join with us at project2025.org. | |
Paul Dans | |
Director, Project 2025 | |
— xiv — | |
Authors | |
Daren Bakst is Deputy Director, Center for Energy and Environment, and Senior | |
Fellow at the Competitive Enterprise Institute (CEI). Before joining CEI, Daren | |
was a Senior Research Fellow at The Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environmental center. | |
For a decade, he led Heritage’s food and agricultural policy work, and he edited and | |
co-authored Heritage’s book Farms and Free Enterprise. He has testified numerous | |
times before Congress, has appeared frequently on media outlets, and has played | |
leadership roles in such organizations such as the Federalist Society, American | |
Agricultural Law Association, and Food and Drug Law Institute (serving on the | |
Food and Drug Law Journal’s editorial advisory board). | |
Lindsey M. Burke is Director of the Center for Education Policy at The Heritage | |
Foundation. Burke served on Virginia Governor Glenn Youngkin’s transition | |
steering committee and landing team for education. She serves on the Board | |
of Visitors for George Mason University, the board of the Educational Freedom Institute, and the advisory board of the Independent Women’s Forum’s | |
Education Freedom Center. Dr. Burke’s research has been published in such | |
journals as Social Science Quarterly, Educational Research and Evaluation, and | |
Research in Educational Administration and Leadership. She holds a BA from | |
Hollins University, an MA from the University of Virginia, and a PhD from George | |
Mason University. | |
David R. Burton is Senior Fellow in Economic Policy in the Thomas A. Roe | |
Institute for Economic Policy Studies at The Heritage Foundation. He focuses | |
on securities regulation, tax policy, business law, entrepreneurship, administrative law, financial privacy, the U.S. Department of Commerce, corporate welfare, | |
— xv — | |
| |
Jonathan Berry is managing partner at Boyden Gray & Associates PLLC. He | |
served as acting Assistant Secretary for Policy at the U.S. Department of Labor, | |
overseeing all aspects of rulemaking and policy development. At the U.S. Department of Justice, he assisted with the development of regulatory policy and with | |
the nominations of Justice Neil Gorsuch and dozens of other judges. He previously served as Chief Counsel for the Trump transition and earlier clerked for | |
Associate Justice Samuel Alito and Judge Jerry Smith of the U.S. Court of Appeals | |
for the Fifth Circuit. He is a graduate of Yale College and Columbia University | |
School of Law. | |
Mandate for Leadership: The Conservative Promise | |
international investment, international information sharing, the U.S. economic | |
relationship with China, and climate-related financial risk. Previously, Burton was | |
General Counsel at the National Small Business Association; a partner in the Argus | |
Group; Vice President, Finance, and General Counsel for New England Machinery; | |
and manager of the U.S. Chamber of Commerce’s Tax Policy Center. He holds a JD | |
from the University of Maryland School of Law and a BA in Economics from the | |
University of Chicago. | |
| |
Adam Candeub is a professor of law at Michigan State University. His scholarly | |
research focuses on telecommunication, antitrust, and Internet issues. He served | |
as acting Assistant Secretary of Commerce and Deputy Associate Attorney General at the Justice Department during the Trump Administration. He received his | |
BA magna cum laude from Yale University and his JD magna cum laude from the | |
University of Pennsylvania Law School. | |
Dustin J. Carmack is Research Fellow for Cybersecurity, Intelligence, and Emerging Technologies in the Border Security and Immigration Center at The Heritage | |
Foundation. Previously, he served in the Intelligence Community as Chief of Staff | |
to the Director of National Intelligence, John Ratcliffe. In Congress, he served | |
as Chief of Staff to Congressman John Ratcliffe (TX-04) and Congressman Ron | |
DeSantis (FL-06). Mr. Carmack studied at Truman State University in Missouri | |
and Tel Aviv University in Israel. | |
Brendan Carr has nearly 20 years of private-sector and public-sector experience | |
in communications and tech policy. He currently serves as the senior Republican | |
on the Federal Communications Commission. Prior to this role, Carr served as | |
the Federal Communication Commission’s General Counsel. Earlier, he worked | |
as an attorney at Wiley Rein LLP. Previously, he clerked on the U.S. Court of | |
Appeals for the Fourth Circuit. After graduating from Georgetown University, | |
he earned his JD magna cum laude from the Catholic University of America’s | |
Columbus School of Law where he served as an editor of the Catholic University Law Review. | |
Benjamin S. Carson, Sr., MD, is Founder and Chairman of the American Cornerstone Institute and previously served as the 17th Secretary of the U.S. Department | |
of Housing and Urban Development. Born in Detroit to a single mother with a | |
third-grade education, Dr. Carson was raised to love reading and education. He | |
attended Yale and earned his MD from the University of Michigan Medical School. | |
For nearly 30 years, Dr. Carson served as Director of Pediatric Neurosurgery at | |
the Johns Hopkins Children’s Center, where he performed the first separation of | |
twins conjoined at the back of the head. | |
— xvi — | |
Authors | |
Ken Cuccinelli served as Acting Director of U.S. Citizenship and Immigration | |
Services in 2019 and then, from November 2019 through the end of the Trump | |
Administration, as Acting Deputy Secretary for the U.S. Department of Homeland | |
Security. During his tenure as Acting Deputy Secretary, Ken also served as the Chief | |
Regulatory Officer for the Department of Homeland Security. He also has served | |
the Commonwealth of Virginia, first as a state senator and then as Virginia’s 46th | |
Attorney General. | |
Rick Dearborn served as Deputy Chief of Staff for President Donald Trump and | |
was responsible for the day-to-day operations of five separate departments of the | |
Executive Office of the President. He also served as Executive Director of the 2016 | |
President-elect Donald Trump transition team. Before that, Rick served in several | |
roles, including as Chief of Staff, in the office of then-U.S. Senator Jeff Sessions | |
(R-AL) for nearly two decades. Between his two tours in Senator Sessions’ office, | |
he was appointed by President George W. Bush as Assistant Secretary of Energy for | |
Congressional Affairs. Earlier in his career, Rick worked for the National Republican Senatorial Committee, the Senate Republican Conference, and the Senate | |
Steering Committee. He graduated from the University of Oklahoma with a BA in | |
Public Administration and a minor in economics. | |
Donald Devine is Senior Scholar at The Fund for American Studies in Washington, | |
DC. He was President Ronald Reagan’s first-term Office of Personnel Management | |
Director when The Washington Post labeled him “Reagan’s Terrible Swift Sword of | |
the Civil Service” for cutting bureaucracy and reducing spending by billions of dollars. He was a professor at the University of Maryland and Bellevue University and | |
is a columnist and author of 10 books, including his recent The Enduring Tension. | |
Diana Furchtgott-Roth, an Oxford-educated economist, directs the Center for | |
Energy, Climate, and Environment at The Heritage Foundation and is adjunct | |
professor of economics at George Washington University. Diana served as Deputy | |
Assistant Secretary for Research and Technology at the U.S. Department of Transportation, where she directed the Department’s $1.2 billion research budget; the | |
— xvii — | |
| |
Veronique de Rugy is the George Gibbs Chair in Political Economy and Senior | |
Research Fellow at the Mercatus Center at George Mason University and a nationally syndicated columnist. Her primary research interests include the U.S. economy, | |
the federal budget, taxation, tax competition, and cronyism. De Rugy is the author | |
of a weekly opinion column for the Creators Syndicate, writes regular columns | |
for Reason magazine, and blogs about economics at National Review Online’s The | |
Corner. She received her MA in economics from the Paris Dauphine University and | |
her PhD in economics from the Panthéon-Sorbonne University. | |
Mandate for Leadership: The Conservative Promise | |
Office of Positioning, Navigation and Timing and Spectrum Management; and the | |
University Transportation Center program. Diana worked in senior roles in the | |
White House under Presidents Ronald Reagan, George H.W. Bush, and George W. | |
Bush, where she was Chief of Staff of the Council of Economic Advisers. | |
| |
Thomas F. Gilman served as Assistant Secretary of Commerce for Administration | |
and Chief Financial Officer of the U.S. Department of Commerce in the Trump | |
Administration. Currently, he is a Director of ACLJ Action and Chairman of Torngat Metals. Tom is the former CEO of Chrysler Financial and has had a 40-plus year | |
career as a senior executive and entrepreneur in the global automotive industry, | |
including roles at Chrysler Corporation, Cerberus Capital Management, Asbury | |
Automotive Group, TD Auto Finance, and Automotive Capital Services. He holds | |
a BS in finance from Villanova University. | |
Mandy M. Gunasekara of Oxford, Mississippi, is a principal at Section VII Strategies, a Senior Policy Analyst at the Independent Women’s Forum, and Visiting | |
Fellow in the Center for Energy, Climate, and Environment at The Heritage Foundation. During the Trump Administration, Mandy served as the Chief of Staff at | |
the U.S. Environmental Protection Agency as well as Principal Deputy Assistant | |
Administrator for the Office of Air and Radiation. She previously served in numerous roles at the U.S. House of Representatives and U.S. Senate, including as Majority | |
Counsel for the Senate Environment and Public Works Committee under Chairman Jim Inhofe. She received her BA from Mississippi College and her JD from | |
the University of Mississippi School of Law. | |
Gene Hamilton is Vice-President and General Counsel of America First Legal Foundation. Gene served as Counselor to the Attorney General at the U.S. Department of | |
Justice; Senior Counselor to the Secretary of Homeland Security; General Counsel on | |
the Senate Committee on the Judiciary; Assistant Chief Counsel at U.S. Immigration | |
and Customs Enforcement; and as an Attorney Advisor in the Secretary’s Honors | |
Program for Attorneys at the Department of Homeland Security. Gene graduated | |
from the Washington and Lee University School of Law magna cum laude and Order | |
of the Coif and has a BA in international affairs from the University of Georgia. | |
Jennifer Hazelton has worked as a senior strategic consultant for the Department of Defense in Industrial Base Policy and has held senior positions at USAID, | |
the Export–Import Bank of the United States, and the State Department. She was | |
also a communications director in the U.S. Congress and worked as an award-winning journalist for CNN and Fox News Channel. Hazelton holds an MA in business | |
administration from Emory University and earned her BA from the University of Georgia. | |
— xviii — | |
Authors | |
Karen Kerrigan is President and CEO of the Small Business & Entrepreneurship | |
Council and has helped to strengthen U.S. entrepreneurship and global business | |
growth for 28 years. She has provided counsel across the globe via training missions | |
focused on entrepreneurial development, effective advocacy, policy formation, | |
and implementation. Karen testifies regularly before Congress and has served on | |
numerous federal advisory boards representing the interests of entrepreneurs | |
and small businesses. | |
Dennis Dean Kirk is Associate Director for Personnel Policy with the 2025 Presidential Transition Project at The Heritage Foundation. Born and raised in Kansas, | |
he graduated with honors from Northern Arizona University and Washburn University Law School. Dennis has over 45 years of experience in private law and | |
public federal government counsel services. He served in President George Bush’s | |
Administration in the U.S. Army’s Office of General Counsel and later as Associate | |
General Counsel for Strategic Integration and Business Transformation, where | |
he was recognized with the Exceptional Civilian and Meritorious Civilian Service | |
Awards and other awards. During the Trump Administration, Dennis served in | |
senior positions at the Office of Personnel Management and was nominated by | |
President Trump to be Chairman of the Merit Systems Protection Board. | |
Bernard L. McNamee is an energy and regulatory attorney with a major law | |
firm and was formerly a member of the Federal Energy Regulatory Commission. | |
He is also the Street Distinguished Visiting Professor of Law at the Appalachian | |
School of Law. In addition to serving as a Federal Energy Regulatory Commissioner, | |
McNamee has served in various senior policy and legal positions throughout his | |
career, including at the U.S. Department of Energy, for U.S. Senator Ted Cruz, and | |
for Virginia Governor George Allen. McNamee also served four attorneys general | |
in two states (Virginia and Texas). | |
Christopher Miller served in several positions during the Trump Administration, | |
including as Acting U.S. Secretary of Defense, Director of the National Counterterrorism Center, Deputy Assistant Secretary of Defense for Special Operations | |
and Combating Terrorism, and Senior Director for Counterterrorism and Transnational Threats at the National Security Council. Before his civilian service in the | |
— xix — | |
| |
Kent Lassman is President and CEO of the Competitive Enterprise Institute. | |
Educated at the Catholic University of America and North Carolina State University, he has written on telecommunications, privacy, environmental, antitrust, and | |
consumer protection regulation as well as trade policy and the design of regulatory | |
systems. Kent’s policy research and advocacy have taken him to 45 state capitals, | |
more than a dozen countries, and deep into the heart of the federal regulatory state. | |
Mandate for Leadership: The Conservative Promise | |
Department of Defense, Miller was an Army Green Beret in the 5th Special Forces | |
Group with multiple combat tours in Iraq and Afghanistan, achieving the rank of | |
colonel. Miller earned a BA from George Washington University and an MA from | |
the Naval War College. He also graduated from the College of Naval Command and | |
Staff and the Army War College. | |
| |
Stephen Moore is a conservative economist and author. He is currently a senior | |
economist at FreedomWorks, a Distinguished Fellow at The Heritage Foundation, | |
and a Fox News analyst. From 2005 to 2014, Moore served as the senior economics | |
writer for The Wall Street Journal editorial page and as a member of the Journal’s | |
editorial board. He still contributes regularly to the Journal’s editorial page. He is | |
a frequent lecturer to business investment and university audiences around the | |
world on the U.S. economic and political outlook in Washington, DC. | |
Mora Namdar is an attorney and Senior Fellow at the American Foreign Policy | |
Council. She speaks fluent Farsi and is an expert on U.S. national security, human | |
rights, global communications, the Middle East, and international law. Mora served | |
as senior advisor for critical issues at the U.S. State Department and was appointed | |
by President Donald Trump to perform the duties of the Assistant Secretary of | |
State for Consular Affairs. She also served as Vice President of Legal, Compliance, | |
and Risk at the U.S. Agency for Global Media. | |
Peter Navarro holds a PhD in economics from Harvard and was one of only three | |
senior White House officials to serve with Donald Trump from the 2016 campaign | |
to the end of the President’s first term. He was the West Wing’s chief China hawk | |
and trade czar and served as Director of the Office of Trade and Manufacturing | |
Policy and Defense Production Act Policy Coordinator. His books include The | |
Coming China Wars (2006); Death by China (2011); Crouching Tiger (2015); and his | |
White House memoirs In Trump Time (2021) and Taking Back Trump’s America | |
(2022). His top-rated Taking Back Trump’s America podcast appears on Apple | |
Podcasts and Google Podcasts. | |
William Perry Pendley was born in Cheyenne, Wyoming. He earned a BA and | |
an MA from George Washington University, was a U.S. Marine Corps captain, and | |
earned his JD from the University of Wyoming College of Law. He was an attorney | |
on Capitol Hill, a senior official for President Ronald Reagan, and leader of the | |
Bureau of Land Management for President Donald Trump. For 30 years, he was | |
president of Mountain States Legal Foundation where he argued and won cases | |
before the Supreme Court of the United States. He authored five books, including Sagebrush Rebel: Reagan’s Battle with Environmental Extremists and Why It | |
Matters Today. | |
— xx — | |
Authors | |
Max Primorac is Director of the Douglas and Sarah Allison Center for Foreign | |
Policy Studies at The Heritage Foundation. He was acting Chief Operating Officer | |
and Assistant to the Administrator, Bureau for Humanitarian Assistance, at the | |
U.S. Agency for International Development. Previously he was deputy director of | |
Iraq’s reconstruction program at the U.S. Department of State and a senior adviser | |
in the Office of the Secretary. Max was educated at Franklin and Marshall College | |
and the University of Chicago. | |
Roger Severino is Vice President of Domestic Policy at The Heritage Foundation. As director of the Office for Civil Rights at the U.S. Department of Health and | |
Human Services (HHS) from 2017 to 2021, he led a team of more than 250 staff | |
enforcing civil rights, conscience, and health information privacy laws. Roger subsequently founded the HHS Accountability Project at the Ethics & Public Policy | |
Center. He holds a JD from Harvard Law School, an MA in public policy from | |
Carnegie Mellon University, and a BA from the University of Southern California. | |
Brooks D. Tucker served in the U.S. Department of Veterans Affairs as Assistant Secretary for Congressional and Legislative Affairs from 2017 to 2021 and | |
as Acting Chief of Staff from 2020 to 2021. He helped to craft the policy framework for President-elect Trump’s transition team and served as the Senior Policy | |
Adviser for National Security and Veterans Affairs to Senator Richard Burr from | |
2010 to 2015. A retired Marine lieutenant colonel, Brooks served in Afghanistan, | |
Iraq, North Africa, the Caucasus, and the Western Pacific. He is a graduate of the | |
University of Maryland, Marine Corps Infantry Officer Course, and Marine Corps | |
Command and Staff College and holds a Certificate in Legislative Studies from | |
Georgetown University. | |
Hans A. von Spakovsky is Senior Legal Fellow and Manager of the Election Law | |
Reform Initiative in the Edwin Meese Center III Center for Legal and Judicial | |
Studies at The Heritage Foundation. He is a former member of President Donald | |
Trump’s Advisory Commission on Election Integrity. From 2006 to 2007, von | |
— xxi — | |
| |
Kiron K. Skinner is President and CEO of the Foundation for America and the | |
World, Taube Professor of International Relations and Politics at Pepperdine | |
University’s School of Public Policy, W. Glenn Campbell Research Fellow at the | |
Hoover Institution, and a Visiting Fellow and Senior Advisor at The Heritage | |
Foundation. Skinner served as Director of Policy Planning and Senior Advisor at | |
the U.S. Department of State from 2018 to 2019 and was a member of the Defense | |
Business Board at the U.S. Department of Defense in 2020. Skinner holds an MA | |
and a PhD in political science from Harvard University and undergraduate degrees | |
from Spelman College and Sacramento City College. | |
Mandate for Leadership: The Conservative Promise | |
Spakovsky was a Commissioner on the Federal Election Commission. He served | |
as career Counsel to the Assistant Attorney General for Civil Rights at the U.S. | |
Department of Justice from 2002 to 2005. | |
| |
Russ Vought is Founder and President of the Center for Renewing America. A | |
longtime conservative leader on Capitol Hill, Russ served in President Trump’s | |
Cabinet as Director of the Office of Management and Budget, where he oversaw | |
the implementation of the presidential budget, key policies on deregulation, and | |
a landmark effort to eliminate critical race theory and other radical ideologies in | |
executive agencies. Prior to his White House service, Russ spent nearly two decades | |
in the broader conservative movement on Capitol Hill, including as Policy Director for the House Republican Conference, Executive Director of the Republican | |
Study Committee, and Legislative Assistant to former U.S. Senator Phil Gramm. | |
Russ graduated with a BA from Wheaton College and received a JD from George | |
Washington University Law School. | |
William L. Walton is Chairman of the Resolute Protector Foundation and host | |
of The Bill Walton Show. In 2016 and 2017, Mr. Walton served in President-elect | |
Donald Trump’s transition team as Agency Action Leader for all the federal economic agencies. He served as Chairman of the Board and CEO of Allied Capital | |
Corporation, a $6 billion NYSE-traded private investment firm, from 1997 to 2010. | |
He is the immediate past President of the Council for National Policy. His extensive | |
board service includes The Heritage Foundation, American Conservative Union, | |
American Enterprise Institute, U.S. Chamber of Commerce, National Venture Capital Association, and Financial Services Roundtable. | |
Paul Winfree is Distinguished Fellow in Economic Policy and Public Leadership | |
at The Heritage Foundation. Before rejoining Heritage in 2018, Paul was Deputy | |
Assistant to the President, Deputy Director of the Domestic Policy Council, and | |
Director of Budget Policy at the White House. During the 2016 presidential transition, he led the team responsible for the Office of Management and Budget. He also | |
has served as a senior staff member for the U.S. Senate Committee on the Budget. | |
Paul served in both the Biden and Trump Administrations for three terms as the | |
Chair of the Fulbright Foreign Scholarship Board that oversees the Fulbright program and educational exchanges sponsored by the Department of State. | |
EDITORS | |
Paul Dans is Director of the 2025 Presidential Transition Project at The Heritage | |
Foundation, organizing policy and personnel recommendations and training for | |
appointees in the next presidential Administration. Before joining Heritage, he | |
served in the Trump Administration as Chief of Staff at the U.S. Office of Personnel | |
— xxii — | |
Authors | |
Management, as OPM’s White House liaison, and as a senior advisor at the U.S. | |
Department of Housing and Urban Development. Paul has extensive experience | |
in high-stakes commercial litigation and worked for several large international law | |
firms in New York City from 1997 to 2012 before founding his own law firm. He is a | |
graduate of the University of Virginia School of Law and received his graduate and | |
undergraduate degrees from the Massachusetts Institute of Technology. | |
Steven Groves is the Margaret Thatcher Fellow in the Margaret Thatcher Center | |
for Freedom at The Heritage Foundation. Groves served in the Trump Administration, first as Ambassador Nikki Haley’s Chief of Staff at the U.S. Mission to the | |
United Nations. He later joined the White House as Assistant Special Counsel, | |
representing the White House in the Mueller investigation. Groves also served as | |
White House Deputy Press Secretary. His prior positions include Senior Counsel | |
for the U.S. Senate Permanent Subcommittee on Investigations and associate at | |
Boies, Schiller & Flexner LLP. Groves holds an LLM from Georgetown University | |
Law Center, a JD from Ohio Northern University's College of Law, and a BA from | |
Florida State University. | |
| |
— xxiii — | |
| |
Contributors | |
T | |
he contributors listed below generously volunteered their time and effort | |
to assist the authors in the development and writing of this volume’s 30 | |
chapters. The policy views and reform proposals herein are not an all-inclusive catalogue of conservative ideas for the next President, nor is there unanimity | |
among the contributors or the organizations with which they are affiliated with | |
regard to the recommendations. | |
— xxv — | |
| |
Mark Albrecht | |
Chris Anderson, Office of Senator Steve Daines | |
Jeff Anderson, The American Main Street Initiative | |
Michael Anton, Hillsdale College | |
EJ Antoni, The Heritage Foundation | |
Andrew “Art” Arthur, Center for Immigration Studies | |
Paul Atkins, Patomak Global Partners | |
Julie Axelrod, Center for Immigration Studies | |
James Bacon | |
James Baehr | |
Stewart Baker, Steptoe and Johnson LLP | |
Erik Baptist, Alliance Defending Freedom | |
Brent Bennett, Texas Public Policy Foundation | |
John Berlau, Competitive Enterprise Institute | |
Russell Berman, Hoover Institution | |
Sanjai Bhagat, University of Colorado Boulder | |
Stephen Billy, Susan B. Anthony Pro-Life America | |
Brad Bishop, American Cornerstone Institute | |
Willis Bixby, WWBX, LLC | |
Josh Blackman, South Texas College of Law | |
Jim Blew, Defense of Freedom Institute for Policy Studies | |
Robert Bortins, Classical Conversations | |
Rachel Bovard, Conservative Partnership Institute | |
Robert Bowes | |
Matt Bowman, Alliance Defending Freedom | |
Steven G. Bradbury, The Heritage Foundation | |
Preston Brashers, The Heritage Foundation | |
Jonathan Bronitsky, ATHOS | |
Kyle Brosnan, The Heritage Foundation | |
| |
Mandate for Leadership: The Conservative Promise | |
Patrick T. Brown, Ethics and Public Policy Center | |
Robert Burkett, ACLJ Action | |
Michael Burley, American Cornerstone Institute | |
David R. Burton, The Heritage Foundation | |
Jonathan Butcher, The Heritage Foundation | |
Mark Buzby, Buzby Maritime Associates, LLC | |
Margaret Byfield, American Stewards of Liberty | |
David Byrd, Korn Ferry | |
Anthony Campau, Center for Renewing America | |
James Jay Carafano, The Heritage Foundation | |
Frank Carroll, Professional Forest Management | |
Oren Cass, American Compass | |
Brian J. Cavanaugh, American Global Strategies | |
Spencer Chretien, The Heritage Foundation | |
Claire Christensen, American Cornerstone Institute | |
Victoria Coates, The Heritage Foundation | |
Ellie Cohanim, Independent Women’s Forum | |
Ezra Cohen | |
Elbridge Colby, Marathon Initiative | |
Earl Comstock | |
Lisa Correnti, Center for Family and Human Rights (C-Fam) | |
Monica Crowley, The Nixon Seminar | |
Laura Cunliffe, Independent Women’s Forum | |
Tom Dans, Amberwave Partners | |
Sergio de la Peña | |
Chris De Ruyter, National Center for Urban Operations | |
Corey DeAngelis, American Federation for Children | |
Caroline DeBerry, Paragon Health Institute | |
Arielle Del Turco, Family Research Council | |
Irv Dennis, American Cornerstone Institute | |
David Deptula, Mitchell Institute for Aerospace Studies | |
Donald Devine, The Fund for American Studies | |
Chuck DeVore, Texas Public Policy Foundation | |
C. Wallace DeWitt | |
James Di Pane, The Heritage Foundation | |
Matthew Dickerson, The Heritage Foundation | |
Michael Ding, America First Legal Foundation | |
David Ditch, The Heritage Foundation | |
Natalie Dodson, Ethics and Public Policy Center | |
Dave Dorey, The Fairness Center | |
Max Eden, American Enterprise Institute | |
Troy Edgar, IBM Consulting | |
— xxvi — | |
Contributors | |
— xxvii — | |
| |
Joseph Edlow, The Heritage Foundation | |
Jen Ehlinger, Booz Allen Hamilton | |
John Ehrett, Office of Senator Josh Hawley | |
Kristen Eichamer, The Heritage Foundation | |
Robert S. Eitel, Defense of Freedom Institute for Policy Studies | |
Will Estrada, Parents Rights Foundation | |
Jon Feere, Center for Immigration Studies | |
Baruch Feigenbaum, Reason Foundation | |
Travis Fisher, The Heritage Foundation | |
George Fishman, Center for Immigration Studies | |
Leslie Ford, The Heritage Foundation | |
Aharon Friedman, Federal Policy Group | |
Bruce Frohnen, Ohio Northern University College of Law | |
Joel Frushone | |
Finch Fulton | |
Diana Furchtgott-Roth, The Heritage Foundation | |
Caleigh Gabel, American Cornerstone Institute | |
Christopher Gacek, Family Research Council | |
Alexandra Gaiser, River Financial Inc. | |
Mario Garza | |
Patty-Jane Geller, The Heritage Foundation | |
Andrew Gillen, Texas Public Policy Foundation | |
James S. Gilmore III, Gilmore Global Group LLC | |
Vance Ginn, Economic Consulting, LLC | |
Alma Golden, The Institute for Women’s Health | |
Mike Gonzalez, The Heritage Foundation | |
Chadwick R. Gore, Defense Forum Foundation | |
David Gortler, Ethics and Public Policy Center | |
Brian Gottstein, The Heritage Foundation | |
Dan Greenberg, Competitive Enterprise Institute | |
Rob Greenway, Hudson Institute | |
Rachel Greszler, The Heritage Foundation | |
DJ Gribbin, Madrus Consulting | |
Garrison Grisedale, American Cornerstone Institute | |
Joseph Grogan, USC Schaeffer School for Health Policy and Economics | |
Andrew Guernsey | |
Jeffrey Gunter, Republican Jewish Coalition | |
Joe Guy, Club for Growth | |
Joseph Guzman | |
Amalia Halikias, The Heritage Foundation | |
Gene Hamilton, America First Legal Foundation | |
Richard Hanania, Center for the Study of Partisanship and Ideology | |
| |
Mandate for Leadership: The Conservative Promise | |
Simon Hankinson, The Heritage Foundation | |
David Harlow | |
Derek Harvey, Office of Congressman Devin Nunes | |
Jason Hayes, Mackinac Center for Public Policy | |
Jennifer Hazelton | |
Lou Heinzer | |
Edie Heipel | |
Troup Hemenway, Personnel Policy Operations | |
Nathan Hitchen, Equal Rights Institute | |
Pete Hoekstra | |
Gabriella Hoffman, Independent Women’s Forum | |
Tom Homan, The Heritage Foundation | |
Chris Horner | |
Mike Howell, The Heritage Foundation | |
Valerie Huber, The Institute for Women’s Health | |
Andrew Hughes, American Cornerstone Institute | |
Joseph Humire, Center for a Secure Free Society | |
Christopher Iacovella, American Securities Association | |
Melanie Israel, The Heritage Foundation | |
Ken Ivory, Utah House of Representatives | |
Roman Jankowski, The Heritage Foundation | |
Abby Jones | |
Emilie Kao, Alliance Defending Freedom | |
Jared M. Kelson, Boyden Gray & Associates | |
Aaron Kheriaty, Ethics and Public Policy Center | |
Ali Kilmartin, Alliance Defending Freedom | |
Julie Kirchner, Federation for American Immigration Reform | |
Dan Kish, Institute for Energy Research | |
Kenneth A. Klukowski | |
Adam Korzeniewski, American Principles Project | |
Kathy Nuebel Kovarik, Sagitta Solutions, LLC | |
Bethany Kozma, Keystone Policy | |
Matthew Kozma | |
Julius Krein, American Affairs | |
Stanley Kurtz, Ethics and Public Policy Center | |
David LaCerte, Baker Botts, LLP | |
Paul J. Larkin, The Heritage Foundation | |
Kent Lassman, Competitive Enterprise Institute | |
James R. Lawrence III, Envisage Law | |
Paul Lawrence, Lawrence Consulting | |
Nathan Leamer, Targeted Victory | |
David Legates, University of Delaware (Ret.) | |
— xxviii — | |
Contributors | |
— xxix — | |
| |
Marlo Lewis, Competitive Enterprise Institute | |
Ben Lieberman, Competitive Enterprise Institute | |
John Ligon | |
Evelyn Lim, American Cornerstone Institute | |
Mario Loyola, Competitive Enterprise Institute | |
John G. Malcolm, The Heritage Foundation | |
Joseph Masterman, Cooper & Kirk, PLLC | |
Earl Matthews, The Vandenberg Coalition | |
Dan Mauler, Heritage Action for America | |
Drew McCall, American Cornerstone Institute | |
Trent McCotter, Boyden Gray & Associates | |
Micah Meadowcroft, The American Conservative | |
Edwin Meese III, The Heritage Foundation | |
Jessica Melugin, Competitive Enterprise Institute | |
Frank Mermoud, Orpheus International | |
Mark Miller, Office of Governor Kristi Noem | |
Cleta Mitchell, Conservative Partnership Institute | |
Kevin E. Moley | |
Caitlin Moon, American Center for Law & Justice | |
Clare Morell, Ethics and Public Policy Center | |
Mark Morgan, The Heritage Foundation | |
Hunter Morgen, American Cornerstone Institute | |
Rachel Morrison, Ethics and Public Policy Center | |
Jonathan Moy, The Heritage Foundation | |
Iain Murray, Competitive Enterprise Institute | |
Ryan Nabil, National Taxpayers Union | |
Michael Nasi, Jackson Walker LLP | |
Lucien Niemeyer, The Niemeyer Group, LLC | |
Nazak Nikakhtar | |
Milan “Mitch” Nikolich | |
Matt O’Brien, Immigration Reform Law Institute | |
Caleb Orr, Boyden Gray & Associates | |
Michael Pack | |
Leah Pedersen | |
Michael Pillsbury, The Heritage Foundation | |
Patrick Pizzella, Leadership Institute | |
Robert Poole, Reason Foundation | |
Christopher B. Porter | |
Kevin Preskenis, Allymar Health Solutions | |
Pam Pryor, National Committee for Religious Freedom | |
Thomas Pyle, Institute for Energy Research | |
John Ratcliffe, American Global Strategies | |
| |
Mandate for Leadership: The Conservative Promise | |
Paul Ray, The Heritage Foundation | |
Joseph Reddan, Flexilis Forestry, LLC | |
Jay W. Richards, The Heritage Foundation | |
Jordan Richardson, Heise Suarez Melville, P.A. | |
Jason Richwine, Center for Immigration Studies | |
Shaun Rieley, The American Conservative | |
Lora Ries, The Heritage Foundation | |
Leo Rios | |
Mark Robeck, Energy Evolution Consulting LLC | |
James Rockas, ACLJ Action | |
Mark Royce, NOVA-Annandale College | |
Reed Rubinstein, America First Legal Foundation | |
William Ruger, American Institute for Economic Research | |
Austin Ruse, Center for Family and Human Rights (C-Fam) | |
Brent D. Sadler, The Heritage Foundation | |
Alexander William Salter, Texas Tech University | |
Jon Sanders, John Locke Foundation | |
Carla Sands, America First Policy Institute | |
Robby Stephany Saunders, Coalition for a Prosperous America | |
David Sauve | |
Brett D. Schaefer, The Heritage Foundation | |
Nina Owcharenko Schaefer, The Heritage Foundation | |
Matt Schuck, American Cornerstone Institute | |
Justin Schwab, CGCN Law | |
Jon Schweppe, American Principles Project | |
Marc Scribner, Reason Foundation | |
Darin Selnick, Selnick Consulting | |
Josh Sewell, Taxpayers for Common Sense | |
Kathleen Sgamma, Western Energy Alliance | |
Matt Sharp, Alliance Defending Freedom | |
Judy Shelton, Independent Institute | |
Nathan Simington | |
Loren Smith, Skyline Policy Risk Group | |
Zack Smith, The Heritage Foundation | |
Jack Spencer, The Heritage Foundation | |
Adrienne Spero, U.S. House Committee on Homeland Security | |
Thomas W. Spoehr, The Heritage Foundation | |
Peter St Onge, The Heritage Foundation | |
Chris Stanley, Functional Government Initiative | |
Paula M. Stannard | |
Parker Stathatos, Texas Public Policy Foundation | |
William Steiger, Independent Consultant | |
— xxx — | |
Contributors | |
— xxxi — | |
| |
Kenny Stein, Institute for Energy Research | |
Corey Stewart, Stewart PLLC | |
Mari Stull | |
Katharine T. Sullivan, 1792 Exchange | |
Brett Swearingen, Miller Johnson | |
Michael Sweeney | |
Robert Swope | |
Aaron Szabo, CGCN Group | |
Katy Talento, AllBetter Health | |
Tony Tata, Tata Leadership Group, LLC | |
Farnaz Farkish Thompson | |
Todd Thurman, American Cornerstone Institute | |
Brett Tolman, Tolman Group | |
Kayla M. Tonnessen, Recovery for America Now Foundation | |
Joe Trotter, American Legislative Exchange Council | |
Tevi Troy, Mercatus Center | |
Clayton Tufts | |
Erin Valdez, Texas Public Policy Foundation | |
Mark Vandroff | |
Jessica M. Vaughan, Center for Immigration Studies | |
John “JV” Venable, The Heritage Foundation | |
Morgan Lorraine Viña, Jewish Institute for National Security of America | |
Andrew N. Vollmer, Mercatus Center | |
Hans A. von Spakovsky, The Heritage Foundation | |
Greg Walcher, Natural Resources Group, LLC | |
David M. Walsh, Takota Group | |
Erin Walsh, The Heritage Foundation | |
Jacklyn Ward, American Cornerstone Institute | |
Emma Waters, The Heritage Foundation | |
Michael Williams, American Cornerstone Institute | |
Aaron Wolff | |
Jonathan Wolfson | |
Alexei Woltornist, ATHOS | |
Frank Wuco | |
Cesar Ybarra, FreedomWorks | |
John Zadrozny, America First Legal Foundation | |
Laura Zorc, FreedomWorks | |
| |
Foreword | |
A PROMISE | |
TO AMERICA | |
Kevin D. Roberts, PhD | |
—1— | |
| |
F | |
orty-four years ago, the United States and the conservative movement were | |
in dire straits. Both had been betrayed by the Washington establishment | |
and were uncertain whom to trust. Both were internally splintered and strategically adrift. Worse still, at that moment of acute vulnerability and division, we | |
found ourselves besieged by existential adversaries, foreign and domestic. The late | |
1970s were by any measure a historic low point for America and the political coalition dedicated to preserving its unique legacy of human flourishing and freedom. | |
Today, America and the conservative movement are enduring an era of division | |
and danger akin to the late 1970s. Now, as then, our political class has been discredited by wholesale dishonesty and corruption. Look at America under the ruling | |
and cultural elite today: Inflation is ravaging family budgets, drug overdose deaths | |
continue to escalate, and children suffer the toxic normalization of transgenderism with drag queens and pornography invading their school libraries. Overseas, | |
a totalitarian Communist dictatorship in Beijing is engaged in a strategic, cultural, | |
and economic Cold War against America’s interests, values, and people—all while | |
globalist elites in Washington awaken only slowly to that growing threat. Moreover, | |
low-income communities are drowning in addiction and government dependence. | |
Contemporary elites have even repurposed the worst ingredients of 1970s “radical | |
chic” to build the totalitarian cult known today as “The Great Awokening.” And | |
now, as then, the Republican Party seems to have little understanding about what | |
to do. Most alarming of all, the very moral foundations of our society are in peril. | |
Yet students of history will note that, notwithstanding all those challenges, | |
the late 1970s proved to be the moment when the political Right unified itself | |
| |
Mandate for Leadership: The Conservative Promise | |
and the country and led the United States to historic political, economic, and | |
global victories. | |
The Heritage Foundation is proud to have played a small but pivotal role in that | |
story. It was in early 1979—amid stagflation, gas lines, and the Red Army’s invasion of Afghanistan, the nadir of Jimmy Carter’s days of malaise—that Heritage | |
launched the Mandate for Leadership project. We brought together hundreds of | |
conservative scholars and academics across the conservative movement. Together, | |
this team created a 20-volume, 3,000-page governing handbook containing more | |
than 2,000 conservative policies to reform the federal government and rescue | |
the American people from Washington dysfunction. It was a promise from the | |
conservative movement to the country—confident, specific, and clear. | |
Mandate for Leadership was published in January 1981—the same month Ronald | |
Reagan was sworn into his presidency. By the end of that year, more than 60 percent | |
of its recommendations had become policy—and Reagan was on his way to ending | |
stagflation, reviving American confidence and prosperity, and winning the Cold War. | |
The bad news today is that our political establishment and cultural elite have | |
once again driven America toward decline. The good news is that we know the | |
way out even though the challenges today are not what they were in the 1970s. | |
Conservatives should be confident that we can rescue our kids, reclaim our culture, | |
revive our economy, and defeat the anti-American Left—at home and abroad. We | |
did it before and will do it again. | |
As Ronald Reagan put it: | |
Freedom is a fragile thing and it’s never more than one generation away from | |
extinction. It is not ours by way of inheritance; it must be fought for and | |
defended constantly by each generation[.]1 | |
This is the duty history has put before us and the standard by which our generation of conservatives will be judged. And we should not want it any other way. | |
The legacy of Mandate for Leadership, and indeed of the entire Reagan Revolution, is that if conservatives want to save the country, we need a bold and | |
courageous plan. This book is the first step in that plan. | |
THE CONSERVATIVE PROMISE | |
This volume—The Conservative Promise—is the opening salvo of the 2025 Presidential Transition Project, launched by The Heritage Foundation and our many | |
partners in April 2022. Its 30 chapters lay out hundreds of clear and concrete policy | |
recommendations for White House offices, Cabinet departments, Congress, and | |
agencies, commissions, and boards. | |
Just as important as the scope of The Conservative Promise’s recommendations | |
is the breadth of its authorship. This book is the product of more than 400 scholars | |
—2— | |
Foreword | |
and policy experts from across the conservative movement and around the country. | |
Contributors include former elected officials, world-renowned economists, and | |
veterans from four presidential Administrations. This is an agenda prepared by | |
and for conservatives who will be ready on Day One of the next Administration to | |
save our country from the brink of disaster. | |
The Heritage Foundation is once again facilitating this work. But as our dozens | |
of partners and hundreds of authors will attest, this book is the work of the entire | |
conservative movement. As such, the authors express consensus recommendations | |
already forged, especially along four broad fronts that will decide America’s future: | |
1. | |
Restore the family as the centerpiece of American life and protect | |
our children. | |
2. Dismantle the administrative state and return self-governance to the | |
American people. | |
3. | |
Defend our nation’s sovereignty, borders, and bounty against global threats. | |
4. | |
Secure our God-given individual rights to live freely—what our Constitution | |
calls “the Blessings of Liberty.” | |
| |
What makes these four pieces of the conservative promise so valuable to the | |
next President is that they cut through superficial distractions and focus on the | |
moral and foundational challenges America faces in this moment of history. This | |
was one of the secrets of conservatives’ success in the Reagan Era, one our generation should emulate. | |
As in the late 1970s, Americans today experience the failures of political and cultural elites in countless ways: in the job market and in the grocery store checkout | |
lines, on the streets and in our schools, in the media and within our institutions. But | |
in truth, these daily dysfunctions are not innumerable problems, but innumerable | |
manifestations of a few core crises. | |
In 1979, the threats we faced were the Soviet Union, the socialism of 1970s liberals, and the predatory deviancy of cultural elites. Reagan defeated these beasts | |
by ignoring their tentacles and striking instead at their hearts. | |
His approach to the Cold War? “We win and they lose.” | |
His economic agenda? The human dignity of work and its many rewards. | |
His platform in the culture wars? The “community of values embodied in these | |
words: family, work, neighborhood, peace and freedom.” | |
This book—and Project 2025 as a whole—will arm the next conservative President with the same kind of strategic clarity, but for a new age. | |
—3— | |
Mandate for Leadership: The Conservative Promise | |
| |
PROMISE #1: RESTORE THE FAMILY AS THE CENTERPIECE | |
OF AMERICAN LIFE AND PROTECT OUR CHILDREN. | |
The next conservative President must get to work pursuing the true priority of | |
politics—the well-being of the American family. | |
In many ways, the entire point of centralizing political power is to subvert the | |
family. Its purpose is to replace people’s natural loves and loyalties with unnatural ones. You see this in the popular left-wing aphorism, “Government is simply | |
the name we give to the things we choose to do together.” But in real life, most of | |
the things people “do together” have nothing to do with government. These are | |
the mediating institutions that serve as the building blocks of any healthy society. | |
Marriage. Family. Work. Church. School. Volunteering. The name real people give | |
to the things we do together is community, not government. Our lives are full of | |
interwoven, overlapping communities, and our individual and collective happiness | |
depends upon them. But the most important community in each of our lives—and | |
the life of the nation—is the family. | |
Today, the American family is in crisis. Forty percent of all children are born | |
to unmarried mothers, including more than 70 percent of black children. There | |
is no government program that can replace the hole in a child’s soul cut out by | |
the absence of a father. Fatherlessness is one of the principal sources of American poverty, crime, mental illness, teen suicide, substance abuse, rejection of the | |
church, and high school dropouts. So many of the problems government programs | |
are designed to solve—but can’t—are ultimately problems created by the crisis of | |
marriage and the family. The world has never seen a thriving, healthy, free, and | |
prosperous society where most children grow up without their married parents. | |
If current trends continue, we are heading toward social implosion. | |
Furthermore, the next conservative President must understand that using government alone to respond to symptoms of the family crisis is a dead end. Federal | |
power must instead be wielded to reverse the crisis and rescue America’s kids from | |
familial breakdown. The Conservative Promise includes dozens of specific policies | |
to accomplish this existential task. | |
Some are obvious and long-standing goals like eliminating marriage penalties | |
in federal welfare programs and the tax code and installing work requirements for | |
food stamps. But we must go further. It’s time for policymakers to elevate family | |
authority, formation, and cohesion as their top priority and even use government | |
power, including through the tax code, to restore the American family. | |
Today the Left is threatening the tax-exempt status of churches and charities | |
that reject woke progressivism. They will soon turn to Christian schools and clubs | |
with the same totalitarian intent. | |
The next conservative President must make the institutions of American civil | |
society hard targets for woke culture warriors. This starts with deleting the terms | |
sexual orientation and gender identity (“SOGI”), diversity, equity, and inclusion | |
—4— | |
Foreword | |
—5— | |
| |
(“DEI”), gender, gender equality, gender equity, gender awareness, gender-sensitive, abortion, reproductive health, reproductive rights, and any other term used | |
to deprive Americans of their First Amendment rights out of every federal rule, | |
agency regulation, contract, grant, regulation, and piece of legislation that exists. | |
Pornography, manifested today in the omnipresent propagation of transgender | |
ideology and sexualization of children, for instance, is not a political Gordian knot | |
inextricably binding up disparate claims about free speech, property rights, sexual | |
liberation, and child welfare. It has no claim to First Amendment protection. Its | |
purveyors are child predators and misogynistic exploiters of women. Their product | |
is as addictive as any illicit drug and as psychologically destructive as any crime. | |
Pornography should be outlawed. The people who produce and distribute it should | |
be imprisoned. Educators and public librarians who purvey it should be classed | |
as registered sex offenders. And telecommunications and technology firms that | |
facilitate its spread should be shuttered. | |
In our schools, the question of parental authority over their children’s education | |
is a simple one: Schools serve parents, not the other way around. That is, of course, | |
the best argument for universal school choice—a goal all conservatives and conservative Presidents must pursue. But even before we achieve that long-term goal, | |
parents’ rights as their children’s primary educators should be non-negotiable in | |
American schools. States, cities and counties, school boards, union bosses, principals, and teachers who disagree should be immediately cut off from federal funds. | |
The noxious tenets of “critical race theory” and “gender ideology” should be | |
excised from curricula in every public school in the country. These theories poison | |
our children, who are being taught on the one hand to affirm that the color of their | |
skin fundamentally determines their identity and even their moral status while | |
on the other they are taught to deny the very creatureliness that inheres in being | |
human and consists in accepting the givenness of our nature as men or women. | |
Allowing parents or physicians to “reassign” the sex of a minor is child abuse and | |
must end. For public institutions to use taxpayer dollars to declare the superiority | |
or inferiority of certain races, sexes, and religions is a violation of the Constitution and civil rights law and cannot be tolerated by any government anywhere in | |
the country. | |
But the pro-family promises expressed in this book, and central to the next | |
conservative President’s agenda, must go much further than the traditional, narrow | |
definition of “family issues.” Every threat to family stability must be confronted. | |
This resolve should color each of our policies. Consider our approach to Big | |
Tech. The worst of these companies prey on children, like drug dealers, to get them | |
addicted to their mobile apps. Many Silicon Valley executives famously don’t let | |
their own kids have smart phones.2 They nevertheless make billions of dollars | |
addicting other people’s children to theirs. TikTok, Instagram, Facebook, Twitter, | |
and other social media platforms are specifically designed to create the digital | |
Mandate for Leadership: The Conservative Promise | |
| |
dependencies that fuel mental illness and anxiety, to fray children’s bonds with | |
their parents and siblings. Federal policy cannot allow this industrial-scale child | |
abuse to continue. | |
Finally, conservatives should gratefully celebrate the greatest pro-family win | |
in a generation: overturning Roe v. Wade, a decision that for five decades made a | |
mockery of our Constitution and facilitated the deaths of tens of millions of unborn | |
children. But the Dobbs decision is just the beginning. Conservatives in the states | |
and in Washington, including in the next conservative Administration, should | |
push as hard as possible to protect the unborn in every jurisdiction in America. In | |
particular, the next conservative President should work with Congress to enact the | |
most robust protections for the unborn that Congress will support while deploying | |
existing federal powers to protect innocent life and vigorously complying with | |
statutory bans on the federal funding of abortion. Conservatives should ardently | |
pursue these pro-life and pro-family policies while recognizing the many women | |
who find themselves in immensely difficult and often tragic situations and the heroism of every choice to become a mother. Alternative options to abortion, especially | |
adoption, should receive federal and state support. | |
In summary, the next President has a moral responsibility to lead the nation in | |
restoring a culture of life in America again. | |
PROMISE #2: DISMANTLE THE ADMINISTRATIVE STATE AND | |
RETURN SELF-GOVERNANCE TO THE AMERICAN PEOPLE. | |
Of course, the surest way to put the federal government back to work for the | |
American people is to reduce its size and scope back to something resembling | |
the original constitutional intent. Conservatives desire a smaller government | |
not for its own sake, but for the sake of human flourishing. But the Washington | |
Establishment doesn’t want a constitutionally limited government because it | |
means they lose power and are held more accountable by the people who put | |
them in power. | |
Like restoring popular sovereignty, the task of reattaching the federal government’s constitutional and democratic tethers calls to mind Ronald Reagan’s | |
observation that “there are no easy answers, but there are simple answers.” | |
In the case of making the federal government smaller, more effective, and | |
accountable, the simple answer is the Constitution itself. The surest proof of this | |
is how strenuously and creatively generations of progressives and many Republican insiders have worked to cut themselves free from the strictures of the 1789 | |
Constitution and subsequent amendments. | |
Consider the federal budget. Under current law, Congress is required to pass | |
a budget—and 12 issue-specific spending bills comporting with it—every single | |
year. The last time Congress did so was in 1996. Congress no longer meaningfully | |
budgets, authorizes, or categorizes spending. | |
—6— | |
Foreword | |
l | |
A combination of elected and unelected bureaucrats at the Environmental | |
Protection Agency quietly strangles domestic energy production through | |
difficult-to-understand rulemaking processes; | |
—7— | |
| |
Instead, party leaders negotiate one multitrillion-dollar spending bill—several | |
thousand pages long—and then vote on it before anyone, literally, has had a chance | |
to read it. Debate time is restricted. Amendments are prohibited. And all of this | |
is backed up against a midnight deadline when the previous “omnibus” spending | |
bill will run out and the federal government “shuts down.” | |
This process is not designed to empower 330 million American citizens and | |
their elected representatives, but rather to empower the party elites secretly negotiating without any public scrutiny or oversight. | |
In the end, congressional leaders’ behavior and incentives here are no different from those of global elites insulating policy decisions—over the climate, trade, | |
public health, you name it—from the sovereignty of national electorates. Public | |
scrutiny and democratic accountability make life harder for policymakers—so they | |
skirt it. It’s not dysfunction; it’s corruption. | |
And despite its gaudy price tag, the federal budget is not even close to the worst | |
example of this corruption. That distinction belongs to the “Administrative State,” | |
the dismantling of which must a top priority for the next conservative President. | |
The term Administrative State refers to the policymaking work done by the | |
bureaucracies of all the federal government’s departments, agencies, and millions | |
of employees. Under Article I of the Constitution, “All legislative Powers herein | |
granted shall be vested in a Congress of the United States, which shall consist of | |
a Senate and a House of Representatives.” That is, federal law is enacted only by | |
elected legislators in both houses of Congress. | |
This exclusive authority was part of the Framers’ doctrine of “separated powers.” | |
They not only split the federal government’s legislative, executive, and judicial | |
powers into different branches. They also gave each branch checks over the others. | |
Under our Constitution, the legislative branch—Congress—is far and away the most | |
powerful and, correspondingly, the most accountable to the people. | |
In recent decades, members of the House and Senate discovered that if they give | |
away that power to the Article II branch of government, they can also deny responsibility for its actions. So today in Washington, most policy is no longer set by Congress | |
at all, but by the Administrative State. Given the choice between being powerful but | |
vulnerable or irrelevant but famous, most Members of Congress have chosen the latter. | |
Congress passes intentionally vague laws that delegate decision-making over | |
a given issue to a federal agency. That agency’s bureaucrats—not just unelected | |
but seemingly un-fireable—then leap at the chance to fill the vacuum created by | |
Congress’s preening cowardice. The federal government is growing larger and less | |
constitutionally accountable—even to the President—every year. | |
Mandate for Leadership: The Conservative Promise | |
l | |
l | |
l | |
l | |
| |
l | |
Bureaucrats at the Department of Homeland Security, following the lead | |
of a feckless Administration, order border and immigration enforcement | |
agencies to help migrants criminally enter our country with impunity; | |
Bureaucrats at the Department of Education inject racist, anti-American, | |
ahistorical propaganda into America’s classrooms; | |
Bureaucrats at the Department of Justice force school districts to | |
undermine girls’ sports and parents’ rights to satisfy transgender extremists; | |
Woke bureaucrats at the Pentagon force troops to attend “training” | |
seminars about “white privilege”; and | |
Bureaucrats at the State Department infuse U.S. foreign aid programs with | |
woke extremism about “intersectionality” and abortion.3 | |
Unaccountable federal spending is the secret lifeblood of the Great Awokening. | |
Nearly every power center held by the Left is funded or supported, one way or | |
another, through the bureaucracy by Congress. Colleges and school districts are | |
funded by tax dollars. The Administrative State holds 100 percent of its power at | |
the sufferance of Congress, and its insulation from presidential discipline is an | |
unconstitutional fairy tale spun by the Washington Establishment to protect its | |
turf. Members of Congress shield themselves from constitutional accountability | |
often when the White House allows them to get away with it. Cultural institutions | |
like public libraries and public health agencies are only as “independent” from | |
public accountability as elected officials and voters permit. | |
Let’s be clear: The most egregious regulations promulgated by the current | |
Administration come from one place: the Oval Office. The President cannot hide | |
behind the agencies; as his many executive orders make clear, his is the responsibility for the regulations that threaten American communities, schools, and | |
families. A conservative President must move swiftly to do away with these vast | |
abuses of presidential power and remove the career and political bureaucrats | |
who fuel it. | |
Properly considered, restoring fiscal limits and constitutional accountability | |
to the federal government is a continuation of restoring national sovereignty to | |
the American people. In foreign affairs, global strategy, federal budgeting and policymaking, the same pattern emerges again and again. Ruling elites slash and tear | |
at restrictions and accountability placed on them. They centralize power up and | |
away from the American people: to supra-national treaties and organizations, to | |
left-wing “experts,” to sight-unseen all-or-nothing legislating, to the unelected | |
career bureaucrats of the Administrative State. | |
—8— | |
Foreword | |
PROMISE #3: DEFEND OUR NATION’S SOVEREIGNTY, | |
BORDERS, AND BOUNTY AGAINST GLOBAL THREATS. | |
The United States belongs to “We the people.” All government authority derives | |
from the consent of the people, and our nation’s success derives from the character | |
of its people. The American people’s right to rule ourselves is the obverse of our | |
duty: We cannot outsource to others our obligation to ensure the conditions that | |
allow our families, local communities, churches and synagogues, and neighborhoods to thrive. The buck stops with each of us, so each of us must have the freedom | |
to pursue the good for ourselves and those entrusted to our care. | |
—9— | |
| |
As monolithic as the Left’s institutional power appears to be, it originates with | |
appropriations from Congress and is made complete by a feckless President. A | |
conservative President must look to the legislative branch for decisive action. The | |
Administrative State is not going anywhere until Congress acts to retrieve its own | |
power from bureaucrats and the White House. But in the meantime, there are | |
many executive tools a courageous conservative President can use to handcuff the | |
bureaucracy, push Congress to return to its constitutional responsibility, restore | |
power over Washington to the American people, bring the Administrative State | |
to heel, and in the process defang and defund the woke culture warriors who have | |
infiltrated every last institution in America. | |
The Conservative Promise lays out how to use many of these tools including: | |
how to fire supposedly “un-fireable” federal bureaucrats; how to shutter wasteful | |
and corrupt bureaus and offices; how to muzzle woke propaganda at every level of | |
government; how to restore the American people’s constitutional authority over | |
the Administrative State; and how to save untold taxpayer dollars in the process. | |
Finally, the President can restore public confidence and accountability to our | |
most important government function of all: national defense. The American people | |
desire a military full of highly skilled servicemen and women who can protect the | |
homeland and our interests overseas. The next conservative President must end | |
the Left’s social experimentation with the military, restore warfighting as its sole | |
mission, and set defeating the threat of the Chinese Communist Party as its highest priority. | |
The next conservative President must possess the courage to relentlessly put | |
the interests of the everyday American over the desires of the ruling elite. Their | |
outrage cannot be prevented; it must simply be ignored. And it can be. The Left | |
derives its power from the institutions they control. But those institutions are only | |
powerful to the extent that constitutional officers surrender their own legitimate | |
authority to them. A President who refuses to do so and uses his or her office to | |
reimpose constitutional authority over federal policymaking can begin to correct | |
decades of corruption and remove thousands of bureaucrats from the positions | |
of public trust they have so long abused. | |
| |
Mandate for Leadership: The Conservative Promise | |
To most Americans, this is common sense. But in Washington, D.C. and other | |
centers of Leftist power like the media and the academy, this statement of basic | |
civics is branded hate speech. Progressive elites speak in lofty terms of openness, | |
progress, expertise, cooperation, and globalization. But too often, these terms are | |
just rhetorical Trojan horses concealing their true intention—stripping “we the | |
people” of our constitutional authority over our country’s future. | |
America’s corporate and political elites do not believe in the ideals to which our | |
nation is dedicated—self-governance, the rule of law, and ordered liberty. They | |
certainly do not trust the American people, and they disdain the Constitution’s | |
restrictions on their ambitions. | |
Instead, they believe in a kind of 21st century Wilsonian order in which the | |
“enlightened,” highly educated managerial elite runs things rather than the humble, | |
patriotic working families who make up the majority of what the elites contemptuously call “fly-over country.” | |
This Wilsonian hubris has spread like a cancer through many of America’s largest corporations, its public institutions, and its popular culture. Those who run our | |
so-called American corporations have bent to the will of the woke agenda and care | |
more for their foreign investors and organizations than their American workers | |
and customers. Today, nearly every top-tier U.S. university president or Wall Street | |
hedge fund manager has more in common with a socialist, European head of state | |
than with the parents at a high school football game in Waco, Texas. Many elites’ | |
entire identity, it seems, is wrapped up in their sense of superiority over those | |
people. But under our Constitution, they are the mere equals of the workers who | |
shower after work instead of before. | |
This is as it should and must be. Intellectual sophistication, advanced degrees, | |
financial success, and all other markers of elite status have no bearing on a person’s knowledge of the one thing most necessary for governance: what it means | |
to live well. That knowledge is available to each of us, no matter how humble our | |
backgrounds or how unpretentious our attainments. It is open to us to read in | |
the book of human nature, to which we are all offered the key just by merit of | |
our shared humanity. One of the great premises of American political life is that | |
everyone who can read in that book must have a voice in deciding the course and | |
fate of our Republic. | |
Progressive policymakers and pundits in America either fail to understand this | |
premise or intentionally reject it. They enthusiastically support supranational | |
organizations like the United Nations and European Union, which are run and | |
staffed almost entirely by people who share their values and are mostly insulated | |
from the influence of national elections. That’s why they are eager for America to | |
sign international treaties on everything from pharmaceutical patents to climate | |
change to “the rights of the child”—and why those treaties invariably endorse policies that could never pass through the U.S. Congress. Like the progressive Woodrow | |
— 10 — | |
Foreword | |
— 11 — | |
| |
Wilson a century ago, the woke Left today seeks a world, bound by global treaties | |
they write, in which they exercise dictatorial powers over all nations without being | |
subject to democratic accountability. | |
That’s why today’s progressive Left so cavalierly supports open borders despite | |
the lawless humanitarian crisis their policy created along America’s southern | |
border. They seek to purge the very concept of the nation-state from the American ethos, no matter how much crime increases or resources drop for schools | |
and hospitals or wages decrease for the working class. Open-borders activism is a | |
classic example of what the German theologian Dietrich Bonhoeffer called “cheap | |
grace”—publicly promoting one’s own virtue without risking any personal inconvenience. Indeed, the only direct impact of open borders on pro-open borders | |
elites is that the constant flow of illegal immigration suppresses the wages of their | |
housekeepers, landscapers, and busboys. | |
“Cheap grace” aptly describes the Left’s love affair with environmental extremism. Those who suffer most from the policies environmentalism would have us | |
enact are the aged, poor, and vulnerable. It is not a political cause, but a pseudo-religion meant to baptize liberals’ ruthless pursuit of absolute power in the | |
holy water of environmental virtue. | |
At its very heart, environmental extremism is decidedly anti-human. Stewardship and conservation are supplanted by population control and economic | |
regression. Environmental ideologues would ban the fuels that run almost all of the | |
world’s cars, planes, factories, farms, and electricity grids. Abandoning confidence | |
in human resilience and creativity in responding to the challenges of the future | |
would raise impediments to the most meaningful human activities. They would | |
stand human affairs on their head, regarding human activity itself as fundamentally | |
a threat to be sacrificed to the god of nature. | |
The same goals are the heart of elite support for economic globalization. For 30 | |
years, America’s political, economic, and cultural leaders embraced and enriched | |
Communist China and its genocidal Communist Party while hollowing out America’s industrial base. What may have started out with good intentions has now been | |
made clear. Unfettered trade with China has been a catastrophe. It has made a | |
handful of American corporations enormously profitable while twisting their | |
business incentives away from the American people’s needs. For a generation, politicians of both parties promised that engagement with Beijing would grow our | |
economy while injecting American values into China. The opposite has happened. | |
American factories have closed. Jobs have been outsourced. Our manufacturing | |
economy has been financialized. And all along, the corporations profiting failed | |
to export our values of human rights and freedom; rather, they imported China’s | |
anti-American values into their C-suites. | |
Even before the rise of Big Tech, Wall Street ignored China’s serial theft of | |
American intellectual property. It outright cheered the elimination of American | |
| |
Mandate for Leadership: The Conservative Promise | |
manufacturing jobs. (“Learn to code!” they would gloat.) These were just the price | |
of progress. Engagement was at every step Beijing’s project, not America’s. The | |
Chinese Communist Party (CCP) dictated terms, only to break them whenever it | |
suited them. They stole our technology, spied on our people, and threatened our | |
allies, all with trillions of dollars of wealth and military power financed by their | |
access to our market. | |
Then came the rise of Big Tech, which is now less a contributor to the U.S. | |
economy than it is a tool of China’s government. In exchange for cheap labor and | |
regulatory special treatment from Beijing, America’s largest technology firms | |
funnel data about Americans to the CCP. They hand over sensitive intellectual | |
property with military and intelligence applications to keep the money rolling | |
in. They let Beijing censor Chinese users on their platforms. They let the CCP | |
set their corporate policies about mobile apps. And they run interference for our | |
rival’s political priorities in Washington. One side of Big-Tech companies’ business | |
model is old-fashioned American competitiveness and world-changing technological innovation; but increasingly, that side of these businesses is overshadowed | |
by their role as operatives in the lucrative employ of America’s most dangerous | |
international enemy. | |
If you want to understand the danger posed by collaboration between Big Tech | |
and the CCP, look no further than TikTok. The highly addictive video app, used by | |
80 million Americans every month and overwhelmingly popular among teenage | |
girls, is in effect a tool of Chinese espionage. The ties between TikTok and the | |
Chinese government are not loose, and they are not coincidental. | |
The same can be observed of many U.S. colleges and universities. Through the | |
CCP's Confucius Institutes, Beijing has been just as successful at compromising | |
and coopting our higher education system as they have at compromising and coopting corporate America. | |
A casual reader might take the last few pages as surveying a broad array of | |
challenges facing the American people and the next conservative President: supranational policymaking, border security, globalization, engagement with China, | |
manufacturing, Big Tech, and Beijing-compromised colleges. | |
But these really are not many issues, but two: (1) that China is a totalitarian | |
enemy of the United States, not a strategic partner or fair competitor, and (2) that | |
America’s elites have betrayed the American people. The solution to all of the above | |
problems is not to tinker with this or that government program, to replace this or | |
that bureaucrat. These are problems not of technocratic efficiency but of national | |
sovereignty and constitutional governance. We solve them not by trimming and | |
reshaping the leaves but by ripping out the trees—root and branch. | |
International organizations and agreements that erode our Constitution, rule | |
of law, or popular sovereignty should not be reformed: They should be abandoned. Illegal immigration should be ended, not mitigated; the border sealed, not | |
— 12 — | |
Foreword | |
PROMISE #4 SECURE OUR GOD-GIVEN INDIVIDUAL | |
RIGHT TO ENJOY “THE BLESSINGS OF LIBERTY.” | |
The Declaration of Independence famously asserted the belief of America’s | |
Founders that “all men are created equal” and endowed with God-given rights to | |
“Life, Liberty, and the pursuit of Happiness.” It’s the last—“the pursuit of Happiness”—that is central to America’s heroic experiment in self-government. | |
When the Founders spoke of “pursuit of Happiness,” what they meant might | |
be understood today as in essence “pursuit of Blessedness.” That is, an individual | |
must be free to live as his Creator ordained—to flourish. Our Constitution grants | |
each of us the liberty to do not what we want, but what we ought. This pursuit of the | |
good life is found primarily in family—marriage, children, Thanksgiving dinners, | |
and the like. Many find happiness through their work. Think of dedicated teachers or health care professionals you know, entrepreneurs or plumbers throwing | |
themselves into their businesses—anyone who sees a job well done as a personal | |
reward. Religious devotion and spirituality are the greatest sources of happiness | |
— 13 — | |
| |
reprioritized. Economic engagement with China should be ended, not rethought. | |
Our manufacturing and industrial base should be restored, not allowed to deteriorate further. Confucius Institutes, TikTok, and any other arm of Chinese | |
propaganda and espionage should be outlawed, not merely monitored. Universities taking money from the CCP should lose their accreditation, charters, and | |
eligibility for federal funds. | |
The next conservative President should go beyond merely defending America’s | |
energy interests but go on offense, asserting them around the world. America’s | |
vast reserves of oil and natural gas are not an environmental problem; they are the | |
lifeblood of economic growth. American dominance of the global energy market | |
would be a good thing: for the world, and, more importantly, for “we the people.” | |
It’s not just about jobs, even though unleashing domestic energy production would | |
create millions of them. It’s not just about higher wages for workers who didn’t | |
go to college, though they would receive the raises they have missed out on for | |
two generations. Full-spectrum strategic energy dominance would facilitate the | |
reinvigoration of America’s entire industrial and manufacturing sector as we disentangle our economy from China. Globally, it would rebalance power away from | |
dangerous regimes in Russia and the Middle East. It would build powerful alliances | |
with fast-growing nations in Africa and provide us the leverage to counter Chinese ambitions in South America and the Pacific. Locally, it would drive billions | |
of dollars of private investment to the communities that have been hammered by | |
globalization since the 1990s. And it would clarify our intentions to Beijing that | |
the next President can ensure that a large part of America’s reindustrialization is in | |
the production of the equipment we will need to dissuade future foreign meddling | |
with U.S. vital interests. | |
| |
Mandate for Leadership: The Conservative Promise | |
around the world. Still others find themselves happiest in their local voluntary | |
communities of friends, their neighbors, their civic or charitable work. | |
The American Republic was founded on principles prioritizing and maximizing | |
individuals’ rights to live their best life or to enjoy what the Framers called “the | |
Blessings of Liberty.” It’s this radical equality—liberty for all—not just of rights but | |
of authority—that the rich and powerful have hated about democracy in America | |
since 1776. They resent Americans’ audacity in insisting that we don’t need them | |
to tell us how to live. It’s this inalienable right of self-direction—of each person’s | |
opportunity to direct himself or herself, and his or her community, to the good— | |
that the ruling class disdains. | |
With the Declaration and Constitution, our nation’s Founders handed to us | |
the means with which to preserve this right. Abraham Lincoln wrote of the Declaration as an “apple of gold” in a silver frame, the Constitution. So must the next | |
conservative President look to these documents when the elites mount their next | |
assault on liberty. | |
Left to our own devices, the American people rejected European monarchy | |
and colonialism just as we rejected slavery, second-class citizenship for women, | |
mercantilism, socialism, Wilsonian globalism, Fascism, Communism, and (today) | |
wokeism. To the Left, these assertions of patriotic self-assurance are just so many | |
signs of our moral depravity and intellectual inferiority—proof that, in fact, we | |
need a ruling elite making decisions for us. | |
But the next conservative President should be proud, not ashamed of Americans’ | |
unique culture of social equality and ordered liberty. After all, the countries where | |
Marxist elites have won political and economic power are all weaker, poorer, and | |
less free for it. | |
The United States remains the most innovative and upwardly mobile society | |
in the world. Government should stop trying to substitute its own preferences | |
for those of the people. And the next conservative President should champion | |
the dynamic genius of free enterprise against the grim miseries of elite-directed socialism. | |
The promise of socialism—Communism, Marxism, progressivism, Fascism, | |
whatever name it chooses—is simple: Government control of the economy can | |
ensure equal outcomes for all people. The problem is that it has never done so. | |
There is no such thing as “the government.” There are just people who work for | |
the government and wield its power and who—at almost every opportunity—wield | |
it to serve themselves first and everyone else a distant second. This is not a failing | |
of one nation or socialist party, but inherent in human nature. | |
Nighttime satellite images of the Korean peninsula famously show the free-market South lit up, with homes, businesses, and cities electrified from coast to coast. | |
By contrast, Communist North Korea is almost completely dark, except for the | |
small dot of the capital city, Pyongyang, where a psychotic dictator and his cronies | |
— 14 — | |
Foreword | |
— 15 — | |
| |
live. The same phenomenon is on display in the infuriating fact that four of the | |
six richest counties in the United States are suburbs of Washington, D.C.—a city | |
infamous for its lack of native productive industries. | |
We see the same corruption expressed on an individual level whenever billionaire climate activists, who want to outlaw carbon-fueled transportation, fly to A-list | |
conferences on their private jets. Or when COVID-19 shutdown politicians like | |
former House Speaker Nancy Pelosi and California Governor Gavin Newsom were | |
caught at the hair salon or dining at fancy restaurants after moralizing about how | |
everyone else must stay home and forgo such luxuries during the pandemic. For | |
socialists, who are almost always well-to-do, socialism is not a means of equalizing | |
outcomes, but a means of accumulating power. They never get around to helping | |
anyone else. | |
The Soviet empire was a social and economic failure. North Korea, despite the | |
opulence of its tyrants, is one of the poorest nations in the world. Cuba is so corrupt | |
that its people regularly risk their lives to escape to Florida on rafts. Venezuela was | |
once the richest nation in South America; today, a decade after a Marxist dictator | |
took over, 94 percent of Venezuelans live in poverty.4 Even socialist Senator Bernie | |
Sanders’ home state of Vermont was forced to repeal the state’s single-payer health | |
care system just three years after creating it. | |
In every case, socialist elites promised that if only they could direct the economy, everything would be better. Very quickly, everything got worse. In socialist | |
nation after socialist nation, the only way the government could keep its disgruntled people in line was to surveil and terrorize them. | |
By contrast, in countries with a high degree of economic freedom, elites are | |
not in charge because everyone is in charge. People work, build, invest, save, and | |
create according to their own interests and in service to the common good of their | |
fellow citizens. | |
There is a reason why the private economy hews to the maxim “the customer | |
is always right” while government bureaucracies are notoriously user-unfriendly, | |
just as there is a reason why private charities are cheerful and government welfare | |
systems are not. It’s not because grocery store clerks and PTA moms are “good” | |
and federal bureaucrats are “bad.” It’s because private enterprises—for-profit or | |
nonprofit—must cooperate, to give, to succeed. | |
So as the American people take back their sovereignty, constitutional authority, | |
respect for their families and communities, they should also take back their right | |
to pursue the good life. | |
The next President should promote pro-growth economic policies that spur | |
new jobs and investment, higher wages, and productivity. Yes, that agenda should | |
include overdue tax and regulatory reform, but it should go further and include | |
antitrust enforcement against corporate monopolies. It should promote educational opportunities outside the woke-dominated system of public schools and | |
Mandate for Leadership: The Conservative Promise | |
universities, including trade schools, apprenticeship programs, and student-loan | |
alternatives that fund students’ dreams instead of Marxist academics. Just as | |
important as expanding opportunities for workers and small businesses, the | |
next President should crack down on the crony capitalist corruption that enables | |
America’s largest corporations to profit through political influence rather than | |
competitive enterprise and customer satisfaction. | |
Analogous pro-growth reforms for America’s voluntary civil society are also | |
in order. America is not an economy; it is a country. Economic freedom is not the | |
only important freedom. Freedom of religion, freedom of speech, and the freedom | |
to assemble also represent key components of the American promise. Today, in | |
addition to the problem of Big Tech censorship, we see speakers at universities | |
shouted down, parents investigated and arrested for attempting to speak at school | |
board meetings, and donors to conservative causes harassed and intimidated. The | |
next conservative President must defend our First Amendment rights. | |
| |
BEST EFFORT | |
Ultimately, the Left does not believe that all men are created equal—they think | |
they are special. They certainly don’t think all people have an unalienable right to | |
pursue the good life. They think only they themselves have such a right along with | |
a moral responsibility to make decisions for everyone else. They don’t think any | |
citizen, state, business, church, or charity should be allowed any freedom until | |
they first bend the knee. | |
This book, this agenda, the entire Project 2025 is a plan to unite the conservative | |
movement and the American people against elite rule and woke culture warriors. | |
Our movement has not been united in recent years, and our country has paid | |
the price. In the past decade, though, the breakdown of the family, the rise of | |
China, the Great Awokening, Big Tech’s abuses, and the erosion of constitutional | |
accountability in Washington have rendered these divisions not just inconvenient | |
but politically suicidal. Every hour the Left directs federal policy and elite institutions, our sovereignty, our Constitution, our families, and our freedom are a step | |
closer to disappearing. | |
Conservatives have just two years and one shot to get this right. With enemies | |
at home and abroad, there is no margin for error. Time is running short. If we fail, | |
the fight for the very idea of America may be lost. | |
But we should take this small window of opportunity we have left to act with | |
courage and confidence, not despair. The last time our nation and movement were | |
so near defeat, we rallied together behind a great leader and great ideas, transcended our differences, rescued our nation, and changed the world. It’s time to | |
do it again. | |
Now, as then, we know who we are fighting and what we are fighting for: for | |
our Republic, our freedom, and for each other. The next conservative President | |
— 16 — | |
Foreword | |
will enter office on January 20, 2025, with a simple choice: greatness or failure. It | |
will be a daunting test, but no more so than every generation of Americans has | |
faced and passed. | |
The Conservative Promise represents the best effort of the conservative movement in 2023—and the next conservative President’s last opportunity to save | |
our republic. | |
| |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
Ronald Reagan, Inaugural Address, January 5, 1967, https://www.reaganlibrary.gov/archives/speech/january5-1967-inaugural-address-public-ceremony (accessed March 14, 2023). | |
Quispe López, “6 Tech Executives Who Raise Their Kids Tech-Free or Seriously Limit Their Screen Time,” | |
Business Insider, March 5, 2020, https://www.businessinsider.com/tech-execs-screen-time-children-bill-gatessteve-jobs-2019-9#google-ceo-sundar-pichais-middle-school-aged-son-doesnt-own-a-cell-phone-and-thetv-can-only-be-accessed-with-activation-energy-1 (accessed March 14, 2023). | |
Simon Hankinson, “‘Woke’ Public Diplomacy Undermines the State Department’s Core Mission and Weakens | |
U.S. Foreign Policy,” Heritage Foundation Backgrounder No. 3738, December 12, 2022, https://www.heritage. | |
org/global-politics/report/woke-public-diplomacy-undermines-the-state-departments-core-mission-and. | |
Michelle Nichols, “Venezuelans Facing ‘Unprecedented Challenges,’ Many Need Aid—Internal U.N. Report,” | |
https://www.reuters.com/article/us-venezuela-politics-un/venezuelans-facing-unprecedented-challengesmany-need-aid-internal-u-n-report-idUSKCN1R92AG (accessed March 14, 2023). | |
— 17 — | |
| |
Section One | |
TAKING THE REINS | |
OF GOVERNMENT | |
— 19 — | |
| |
A | |
merica’s | |
| |
Bicentennial, which culminated on July 4, 1976, was a spirited | |
and | |
unifying celebration of our country, its Founding, and its ideals. As we | |
approach our nation’s 250th anniversary, which will take place during the | |
next presidency, America is now divided between two opposing forces: woke revolutionaries and those who believe in the ideals of the American revolution. The former | |
believe that America is—and always has been—“systemically racist” and that it is not | |
worth celebrating and must be fundamentally transformed, largely through a centralized administrative state. The latter believe in America’s history and heroes, its | |
principles and promise, and in everyday Americans and the American way of life. They | |
believe in the Constitution and republican government. Conservatives—the Americanists in this battle—must fight for the soul of America, which is very much at stake. | |
Just two years after the death of the last surviving Constitutional Convention | |
delegate, James Madison, Abraham Lincoln warned that the greatest threat to | |
America would come not from without, but from within. This is evident today: | |
Whether it be mask and vaccine mandates, school and business closures, efforts | |
to keep Americans from driving gas cars or using gas stoves, or efforts to defund | |
the police, indoctrinate schoolchildren, alter beloved books, abridge free speech, | |
undermine the colorblind ideal, or deny the biological reality that there are only | |
two sexes, the Left’s steady stream of insanity appears to be never-ending. The | |
next Administration must stand up for American ideals, American families, and | |
American culture—all things in which, thankfully, most Americans still believe. | |
Highlighting this need, former director of the Office of Management and Budget | |
Russ Vought writes in Chapter 2, “The modern conservative President’s task is to | |
| |
Mandate for Leadership: The Conservative Promise | |
limit, control, and direct the executive branch on behalf of the American people.” | |
At the core of this goal is the work of the White House and the central personnel | |
agencies. Article II of the Constitution vests all federal executive power in a President, made accountable to the citizenry through regular elections. Our Founders | |
wrote, “The executive Power shall be vested in a President of the United States | |
of America.” Accordingly, Vought writes, “it is the President’s agenda that should | |
matter to the departments and agencies,” not their own. | |
Yet the federal bureaucracy has a mind of its own. Federal employees are often | |
ideologically aligned—not with the majority of the American people—but with one | |
another, posing a profound problem for republican government, a government | |
“of, by, and for” the people. As Donald Devine, Dennis Kirk, and Paul Dans write | |
in Chapter 3, “An autonomous bureaucracy has neither independent constitutional status nor separate moral legitimacy.” Byzantine personnel rules provide the | |
bureaucrats with their chief means of self-protection. What’s more, knowledge of | |
such rules is used to thwart the President’s appointees and agenda. As Devine, Kirk, | |
and Dans write, “Managing the immense bureaucracy of the federal government | |
is impossible without an understanding of the key central personnel agencies and | |
their governing laws and regulations.” | |
Many of these laws and regulations governing a largely underworked, overcompensated, and unaccountable federal civilian workforce are so irrational that | |
they would be comical in a less important context. This is true whether it comes to | |
evaluating employees’ performance or hiring new employees. Only in the federal | |
government could an applicant in the hiring process be sent to the front of the | |
line because of a “history of drug addiction” or “alcoholism,” or due to “morbid | |
obesity,” “irritable bowel syndrome,” or a “psychiatric disorder.” The next Administration should insist that the federal government’s hiring, evaluation, retention, | |
and compensation practices benefit taxpayers, rather than benefiting the lowest | |
rung of the federal workforce. | |
In order to carry out the President’s desires, political appointees must be | |
given the tools, knowledge, and support to overcome the federal government’s | |
obstructionist Human Resources departments. More fundamentally, the new | |
Administration must fill its ranks with political appointees. Devine, Kirk, and Dans | |
observe that “the Trump Administration appointed fewer political appointees in | |
its first few months in office” than any other recent presidency. This left career | |
employees in charge in many places. This can occur even after departments have | |
been fully staffed with political appointees. Vought writes that the White House | |
Office of Management and Budget (OMB) should establish a “reputation as the | |
keeper of ‘commander’s intent,’” yet OMB is dominated by career employees who | |
often try to overrule political appointees serving in the various executive departments. Empowering political appointees across the Administration is crucial to | |
a President’s success. | |
— 20 — | |
Section 1: Taking the Reins of Government | |
— 21 — | |
| |
Above all, the President and those who serve under him or her must be committed to the Constitution and the rule of law. This is particularly true of a conservative | |
Administration, which knows that the President is there to uphold the Constitution, not the other way around. If a conservative Administration does not respect | |
the Constitution, no Administration will. In Chapter 1, former deputy chief of | |
staff to the President Rick Dearborn writes that the White House Counsel “must | |
take seriously the duty to protect the powers and privileges of the President from | |
encroachments by Congress, the judiciary, and the administrative components of | |
departments and agencies.” Equally important, the President must enforce the | |
Constitution and laws as written, rather than proclaiming new “law” unilaterally. | |
Presidents should not issue mask or vaccine mandates, arbitrarily transfer student | |
loan debt, or issue monarchical mandates of any sort. Legislatures make the laws | |
in a republic, not executives. | |
It is crucial that all three branches of the federal government respect what Madison called the “double security” to our liberties: the separation of powers among | |
the three branches, and the separation of powers between the federal government | |
and the states. This double security has been greatly compromised over the years. | |
Vought writes that “the modern executive branch…writes federal policy, enforces | |
that policy, and often adjudicates whether that policy was properly drafted and | |
enforced.” He describes this as “constitutionally dire” and “in urgent need of repair,” | |
adding: “Nothing less than the survival of self-governance in America is at stake.” | |
When it comes to ensuring that freedom can flourish, nothing is more important than deconstructing the centralized administrative state. Political appointees | |
who are answerable to the President and have decision-making authority in the | |
executive branch are key to this essential task. The next Administration must not | |
cede such authority to non-partisan “experts,” who pursue their own ends while | |
engaging in groupthink, insulated from American voters. The following chapters | |
detail how the next Administration can be responsive to the American people (not | |
to entrenched “elites”); how it can take care that all the laws are “faithfully executed,” not merely those that the President desires to see executed; and how it can | |
achieve results and not be stymied by an unelected bureaucracy. | |
| |
1 | |
WHITE HOUSE OFFICE | |
Rick Dearborn | |
— 23 — | |
| |
F | |
rom popular culture to academia, the American presidency has long been a | |
prominent fixture of the national imagination—naturally so since it is the | |
beating heart of our nation’s power and prestige. It has played, for instance, | |
a feature role in innumerable movies and television shows and has been prodded, | |
analyzed, and critiqued by countless books, essays, and studies. But like nearly | |
everything else in life, there is no substitute for firsthand experience, which this | |
manual has compiled from the experience of presidential appointees and provides | |
in accessible form for future use. | |
With respect to the presidency, it is best to begin with our Republic’s foundational document. The Constitution gives the “executive Power” to the President.1 | |
It designates him as “Commander in Chief”2 and gives him the responsibility to | |
“take Care that the Laws be faithfully executed.”3 It further prescribes that the | |
President might seek the assistance of “the principal Officer in each of the executive Departments.”4 Beginning with George Washington, every President has been | |
supported by some form of White House office consisting of direct staff officers as | |
well as a Cabinet comprised of department and agency heads. | |
Since the inaugural Administration of the late 18th century, citizens have chosen | |
to devote both their time and their talent to defending and strengthening our nation | |
by serving at the pleasure of the President. Their shared patriotic endeavor has | |
proven to be a noble one, not least because the jobs in what is now known as the | |
White House Office (WHO) are among the most demanding in all of government. | |
The President must rely on the men and women appointed to the WHO. There | |
simply are not enough hours in the day to manage the affairs of state single-handedly, | |
Mandate for Leadership: The Conservative Promise | |
so delegation is not just advisable: It is essential. The decisions that assistants and | |
senior advisers make will directly impact the Administration, its legacy, and—most | |
important—the fate of the country. Their agenda must therefore be the President’s | |
agenda. Choosing who will carry out that agenda on a daily basis is not only one of | |
the first decisions a President makes in office, but also one of the most critical. The | |
tone and tempo of an administration are often determined on January 20. | |
| |
CHIEF OF STAFF | |
As with most of the positions that will be covered in this first chapter, the Chief | |
of Staff is also an Assistant to the President. However, the chief is truly first among | |
equals. Of all presidential staff members, the chief is the most critical to implementation of the President’s vision for the country. The chief also has a dual role as manager | |
of the staffs of both the WHO and the Executive Office of the President (EOP).5 | |
The Chief of Staff’s first managerial task is to establish an organizational chart | |
for the WHO. It should be simple and contain clear lines of authority and responsibility to avoid conflicts. It should also identify specific points of contact for each | |
element of the government outside of the White House. These contacts should | |
include the White House Liaisons who are selected by the Office of Presidential | |
Personnel (PPO). | |
Receiving guidance from the President, the chief endeavors to implement the | |
President’s agenda by setting priorities for the WHO. This process begins by taking | |
stock of the President’s campaign promises, identifying current and prospective | |
opportunities, and then delegating policy priorities among the departments and | |
agencies of the Cabinet and throughout the three White House policy councils: | |
l | |
The National Economic Council (NEC); | |
l | |
The Domestic Policy Council (DPC); and | |
l | |
The National Security Council (NSC). | |
The President is briefed on all of his policy priorities by his Cabinet and senior | |
staff as directed by the chief. The chief—along with senior WHO staff—maps out | |
the issues and themes that will be covered daily and weekly. The chief then works | |
with the policy councils, the Cabinet, and the Office of Communications and Office | |
of Legislative Affairs (OLA) to sequence and execute the rollout of policies and | |
announcements. White House Counsel and senior advisers and senior counselors | |
are also intimately involved. | |
All senior staff report to the Chief of Staff, either directly or through his two | |
or three deputies, unless the President determines that a particular Assistant to | |
the President reports directly to him. Most chiefs have interacted directly with | |
— 24 — | |
White House Office | |
Cabinet officers and a select number of direct reports. In most cases, the direct | |
reports to the chief are his two or three deputies, the Communications Director, | |
PPO Director, White House Counsel, and senior advisers. Occasionally, the Office | |
of Public Liaison (OPL), the Cabinet Secretary, and Intergovernmental Affairs | |
(IGA) also report directly to the chief. Usually, however, they report instead to a | |
Deputy Chief of Staff. | |
The Chief of Staff’s main challenge is time management. His use of his deputies, | |
meetings with senior staff, and direction provided to the WHO must all balance | |
with the daily needs of the President. A successful chief steers the West Wing using | |
his management of and influence with the various individuals and entities around | |
him. It goes without saying that selecting the right person to be chief is vital. | |
DEPUTY CHIEFS OF STAFF | |
In recent years, Presidents typically have appointed two Deputy Chiefs of Staff: | |
a Deputy Chief of Staff for Management and Operations and a Deputy Chief of | |
Staff for Policy. There also have been other types of deputy chiefs whose roles have | |
included, for example, overseeing strategy, planning, and implementation. Chiefs | |
of Staff have then occasionally appointed a principal Deputy Chief to be in charge | |
of guiding decision-making, organizational structure, and information flow. | |
Not all Chiefs of Staff have tapped a principal deputy. A major reason is that | |
doing so adds another layer of command complexity. When principal deputies | |
have been installed, their roles have varied based on the needs of particular chiefs. | |
Most principal deputies have functioned as doorkeepers, sorting through action | |
items, taking on those that can be handled at their own level, and passing up others | |
that truly require the attention of the Chief of Staff or the President. Principal | |
deputies also have assumed control of the scheduling functions, normally under | |
the operations deputy, and have worked directly with the policy councils at the | |
direction of the Chief of Staff. The OPL and Office of Political Affairs (OPA) also | |
have reported to a principal deputy. | |
Deputy Chief of Staff for Management and Operations. The Deputy Chief | |
of Staff for Management and Operations oversees the President’s schedule and | |
all logistical aspects of his movement within and outside of the White House (for | |
example, both air travel on Air Force One and Marine One and ground transportation). This deputy also interfaces directly with the Secret Service as well as the | |
military offices tasked with keeping the President and his family safe. | |
In the past, this deputy has also worked with the NSC, the Secretary of Defense, | |
the Secretary of State, and the Intelligence Community and on advancing all foreign | |
trips. If their roles are separated from that of the policy deputy, this deputy should | |
have a strong grasp of international affairs and robust foreign policy credentials. | |
— 25 — | |
| |
PRINCIPAL DEPUTY CHIEFS OF STAFF | |
Mandate for Leadership: The Conservative Promise | |
This deputy further manages all facets of the working White House: technology, | |
grounds management, support staff, personnel administration, and communications. This individual therefore needs to be meticulous and ideally should possess | |
a great deal of command-and-control experience. | |
Deputy Chief of Staff for Policy. In some Administrations, the functions of | |
the IGA, OPA, and OPL and other advisers within the WHO have fallen under the | |
Deputy Chief of Staff for Policy. For conservatives, this arrangement could help | |
to connect the WHO’s outreach to political and external groups and be a strong | |
conduit for state and local elected officials, state party organizations, and both | |
grasstop and grassroots groups. | |
This deputy chief works directly with the Chief of Staff, Cabinet officers, and | |
all three policy councils to support the development and implementation of the | |
President’s agenda. This deputy chief should therefore have impressive policy credentials in the realms of economic, domestic, and social affairs. | |
| |
SENIOR ADVISERS | |
Presidents have surrounded themselves with senior advisers whose experience and interests are not necessarily neatly defined. In recent Administrations, | |
senior advisers have been appointed to offer broad guidance on political matters | |
and communications issues; others have acted as “czars” for specific projects or | |
policy areas. | |
The most powerful senior advisers frequently have had a long personal relationship with the President and often have spent a significant amount of time with him | |
within and outside of the White House. They have been asked not only to provide | |
guidance on a variety of policy issues, but also to offer instruction on communicating with the American people and the media. | |
In a number of Administrations, new offices—or “councils”—have been created | |
to support senior advisers. For the most part, their functions have been duplicative | |
or overlapping, as a result of which these offices have tended to be short-lived. Even | |
so, senior advisers should be provided the staff and resources that their portfolios require. To ensure that senior advisers are effective, their portfolios must be | |
clearly delineated and clearly communicated across the White House. This too is | |
a responsibility of the Chief of Staff. | |
OFFICE OF WHITE HOUSE COUNSEL | |
The Office of White House Counsel provides legal guidance to the President and | |
elements of the EOP on a host of issues, including presidential powers and privileges, ethics compliance, review of clemency applications, and judicial nominations. | |
The selection of White House Counsel is one of the most important decisions an | |
incoming President will make. The office is not designed to create or advance policies on its own initiative—nor should it do so. Rather, it is dedicated to guiding | |
— 26 — | |
White House Office | |
— 27 — | |
| |
the President and his reports on how (within the bounds of the law) to pursue and | |
realize the President’s agenda. | |
While the White House Counsel does not serve as the President’s personal attorney in nonofficial matters, it is almost impossible to delineate exactly where an | |
issue is strictly personal and has no bearing on the President’s official function. The | |
White House Counsel needs to be deeply committed both to the President’s agenda | |
and to affording the President proactive counsel and zealous representation. That | |
individual directly advises the President as he performs the duties of the office, | |
and this requires a relationship that is built on trust, confidentiality, and candor. | |
The Office of White House Counsel is also responsible for ensuring that each | |
component of the White House adheres to all applicable legal and ethical guidelines, which often requires ongoing training and monitoring to ensure compliance. | |
This means ensuring that White House staff regularly consult with office attorneys on required financial disclosures, received gifts, potential conflicts of interest, | |
and other ethical concerns. The Office of White House Counsel is the first line of | |
defense for the EOP. Its staff must take seriously the duty to protect the powers | |
and privileges of the President from encroachments by Congress, the judiciary, | |
and the administrative components of departments and agencies. | |
In addition to the White House Counsel, the office includes deputies, assistants, | |
associates, and legal support staff. The assistant and associate attorneys are often | |
specialists in particular areas of the law and offer guidance to the EOP on issues | |
related to national security, criminal law, environmental law, and a host of administrative and regulatory matters. Attorneys working in the Office of White House | |
Counsel serve as legal advisers to the White House policy operation by reviewing | |
executive orders, agency regulations, and other policy-related functions. Here | |
again, subordinates should be deeply committed to the President’s agenda and | |
see their role as helping to accomplish the agenda through problem solving and | |
advocacy. They should not erect roadblocks out of an abundance of caution; rather, | |
they should offer practical legal advice on how to promote the President’s agenda | |
within the bounds of the law. | |
The White House Counsel’s office cannot serve as a finishing school to credential | |
the next set of white-shoe law firm attorneys or federal judges in waiting who cabin | |
their opinions for fear their elite credentials could be tarnished through a policy | |
disagreement. Rather, it should function more as an activist yet ethical plaintiffs’ | |
firm that advocates for its client—the Administration’s agenda—within the limits | |
imposed by the Constitution and the duties of the legal profession. | |
The Office of White House Counsel also serves as the primary gateway for | |
communication between the White House and the Department of Justice (DOJ). | |
Traditionally, both the White House Counsel and the Attorney General have issued | |
a memo requiring all contact between the two institutions to occur only between | |
the Office of White House Counsel and the Attorney General or Deputy Attorney | |
| |
Mandate for Leadership: The Conservative Promise | |
General. The next Administration should reexamine this policy and determine | |
whether it might be more efficient or more appropriate for communication to occur | |
through additional channels. The White House Counsel also works closely with | |
the DOJ Office of Legal Counsel to seek opinions on, for example, matters of policy | |
development and the constitutionality of presidential power and privileges and | |
with OLA and the DOJ Office of Legal Policy on presidential judicial nominees. | |
When a new President takes office, he will need to decide expeditiously how to | |
handle any major ongoing litigation or other pending legal matters that might present a challenge to his agenda. To offer guidance, the White House Counsel must get | |
up to speed as quickly as possible on all significant ongoing legal challenges across | |
the executive branch that might affect the new Administration’s policy agenda and | |
must be prepared at the outset of the Administration to present recommendations to the President, including recommendations for reconsidering or reversing | |
positions of the previous Administration in any significant litigation. This review | |
will usually require consulting with the new political leadership at the Justice | |
Department, including during the transition period. | |
No day is predictable at the White House. Therefore, to handle the pace and | |
volatility of affairs, the Office of White House Counsel must offer measured legal | |
guidance in a timely manner. This often means forgoing law review–style memos | |
about esoteric legal concepts and instead quickly providing high-level yet incisive | |
guidance. Due to evolving world events, domestic affairs, and political pressures, the | |
office often faces legal questions for which there may not be a wealth of precedent. | |
Attorneys in the Office of White House Counsel must therefore work collaboratively | |
within the White House and the Department of Justice, relying on each other as a | |
team, to ensure that proper legal guidance is delivered to the President. | |
The President should choose a White House Counsel who is well-versed in | |
the Constitution, administrative and regulatory law, and the inner workings of | |
Congress and the political process. Instead of choosing a specialist, the President | |
should hire a counsel with extensive experience with a wide range of complex legal | |
subjects. Moreover, while a candidate with elite credentials might seem ideal, the | |
best one will be above all loyal to the President and the Constitution. | |
STAFF SECRETARY | |
The Office of the Staff Secretary is rarely visible to the outside world, but it | |
performs work of tremendous importance. The office is similar to a military commander’s adjutant as it is responsible for fielding and managing a vast amount of | |
information at the top of its organization. This includes information on its way into | |
the Oval Office as well as information flowing out from the Oval Office. Because | |
of its gatekeeping function, the position of Staff Secretary is one of extreme trust, | |
and the individual who possesses it should be vetted to work as an “honest broker” | |
in the President’s service. | |
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White House Office | |
OFFICE OF COMMUNICATIONS | |
The Office of Communications, which operates under the Director of Communications, conveys the President’s agenda to the public through various media, | |
including speeches and remarks, press briefings, off-the-record discussions with | |
reporters, and social media. Depending on how a President chooses to structure | |
his White House, the Office of Communications may include the Office of the Press | |
Secretary (Press Office), but no matter how it is structured, the office must work | |
closely with the Press Office as well as the President’s speechwriters and digital | |
strategists. | |
Operational functions of the Office of Communications include scheduling and | |
running press briefings, interviews, meetings, media appearances, speeches, and a | |
range of other events. The Office of Communications must maintain robust relationships with the White House Press Corps, the White House Correspondents’ | |
Association, regional stakeholders, and key interest groups. No legal entitlement exists for the provision of permanent space for media on the White House | |
campus, and the next Administration should reexamine the balance between media | |
demands and space constraints on the White House premises. | |
Leadership within the Office of Communications should include a Communications Director (who is a direct report to the Chief of Staff ), a Deputy | |
— 29 — | |
| |
The Office of the Staff Secretary has been described as the last substantive | |
control point before papers reach the Oval Office. A great deal of information is | |
headed toward the Oval Office at any moment. This includes presidential decision | |
memos; bills passed by Congress (which may be accompanied by signing or veto | |
statements); and briefing books, reading materials, samples of constituent mail, | |
personal mail, and drafts of speeches. The Staff Secretary makes certain that these | |
materials are complete, well-ordered, and up to date before they reach the President. This necessarily means that the Staff Secretary plays a key role in determining | |
who weighs in on policy matters and when. | |
As noted above, the Staff Secretary also handles information leaving the Oval | |
Office. The President may have questions after reviewing incoming material, may | |
wish to seek more information, or may demand revisions. The Staff Secretary is | |
often responsible for directing these requests to the appropriate places and following up on them to ensure that they are completed. | |
One of the Staff Secretary’s critical functions is managing and overseeing the | |
clearance process for the President’s daily/nightly briefing book. This book is filled | |
with all the reading material and leading documentation the President needs in | |
the morning and the evening to help him make decisions. The Staff Secretary also | |
oversees the use of the President’s signature, whether by hand or by autopen, and | |
manages the Office of the Executive Clerk, Office of Records Management, and | |
Office of Presidential Correspondence. | |
| |
Mandate for Leadership: The Conservative Promise | |
Communications Director, a Deputy Director for Strategic Communications, and | |
a Press Secretary. This leadership team must work together closely to drive the | |
national narrative about the White House. | |
The best resource for the Office of Communications is the President. The President conveys the White House’s overall message through one or two inaugural | |
addresses, State of the Union addresses, speeches to Congress, and press conferences. The office must also ensure that the various White House offices disseminate | |
a unified message to the public. The Communications Director and Press Secretary | |
in particular should be careful to avoid contradicting the President or delivering | |
conflicting information. | |
The speechwriting team is a critical component of the communications team. | |
Speechwriting is a unique talent: The writers selected must understand policy, | |
should have a firm grasp of history and other liberal-arts disciplines, and should | |
be able to learn and adopt the President’s style of rhetoric and mode of delivery. | |
The Press Secretary is the President’s spokesperson, communicating to the | |
American people through the media. The Press Secretary engages with the White | |
House Press Corps formally through press briefings and informally through | |
impromptu gaggles and meetings. Individuals who serve in this role must be quick | |
on their feet, which means, when appropriate, deftly refuting and rebutting correspondents’ questions and comments. | |
The Communications Director must convey the President’s mission to the | |
American people. Especially for conservatives, this means navigating the mainstream media to ensure that the President’s agenda is conveyed effectively and | |
accurately. The Communications Director must be politically savvy and very aware | |
of the ongoing activities of the other White House offices. The new Administration | |
should examine the nature of the relationship between itself and the White House | |
Correspondents Association and consider whether an alternative coordinating | |
body might be more suitable. | |
OFFICE OF LEGISLATIVE AFFAIRS (OLA) | |
Created by President Dwight Eisenhower, the OLA has continued to serve as the | |
liaison between the White House and Congress. The White House must work with | |
congressional leaders to ensure presidential nominees, for roles such as Cabinet | |
secretaries and ambassadors, are confirmed by the Senate. The White House also | |
relies on Congress to enact reforms promised by the President on the campaign | |
trail, whether those promises relate to health care, education, or national defense. | |
Because Congress holds the power of the purse, White House staffers must ensure | |
that there is enough support on the Hill to secure the necessary funding through | |
the appropriations process to fulfill the President’s agenda. | |
The OLA reports directly to the Chief of Staff and in some Administrations has | |
done so under the guidance of a Deputy Chief of Staff (usually the Deputy Chief | |
— 30 — | |
White House Office | |
OFFICE OF PRESIDENTIAL PERSONNEL (PPO) | |
The political axiom that “personnel is policy” was popularized under President | |
Ronald Reagan during the 1981 presidential transition. One of the most important | |
offices in the White House is the PPO, which was created under President Richard | |
Nixon to centralize political appointments. Departments and agencies had and still | |
have direct legal authority on hiring and firing, but the power to fill Schedule C positions—the core of political jobs—is vested with the President. Therefore, the White | |
House, not the department or agency, has the final word on political appointments. | |
PPO’s primary responsibility is to staff the executive branch with individuals | |
who are equipped to implement the President’s agenda. Although its focus should | |
be identifying and recruiting leaders to fill the approximately 1,000 appointments that | |
require Senate confirmation, PPO must also fill approximately 3,000 political jobs that | |
require dedicated conservatives to support the Administration’s political leadership. | |
— 31 — | |
| |
for Policy). Regardless of the person to whom the OLA reports, however, the office | |
exercises a certain autonomy on behalf of the President and the Chief of Staff in | |
directly influencing congressional leaders of both major political parties. The OLA | |
often must function as the mediator among the parties and find common ground | |
to facilitate the successful enactment of the President’s agenda. | |
As is the case with many White House offices (but especially the Office of Communications), the OLA must ensure that congressional leaders receive one unified | |
message. If other actors within the White House maintain their own relationships | |
with congressional leaders and staffers, it may appear that the President’s agenda | |
is fractured and lacks consensus. This dynamic has caused real problems for many | |
Presidents in the past. | |
Internally, OLA staffers need to be involved in policy discussions, budget reviews, | |
and other important meetings. They must also provide advice to policy staffers | |
regarding whether certain ideas are politically feasible. Externally, OLA staffers | |
have to communicate continuously with congressional offices of both parties in | |
both the House and the Senate to ensure that the President has enough support | |
to enact his legislative priorities or sustain votes. | |
The OLA requires staffers who are effective communicators and can provide a | |
dose of reality to other White House staffers when necessary. Although a policy | |
proposal from within the White House may be a great idea, OLA staffers must | |
ensure that it is politically feasible. OLA staffers must therefore be skilled in both | |
politics and policy. Furthermore, the President should seek out individuals who | |
can advance his agenda and at the same time forge pathways with members of the | |
opposing political party on other priorities. | |
Most important, the OLA must function as a well-oiled machine: precisely | |
synced. The President cannot afford to have a tennis player on—much less as the | |
leader of—his football team. | |
Mandate for Leadership: The Conservative Promise | |
Frequently, many medium-tier and top-tier jobs have been filled by policy | |
experts tasked with accomplishing much of the work of the Administration. At | |
the same time, appointees in the entry-level jobs have brought invaluable energy | |
and commitment to the White House and have proved to be the “farm team” for | |
the conservative movement. | |
The Office of Presidential Personnel is responsible for: | |
l | |
l | |
l | |
Vetting potential political personnel by conducting political background | |
checks and reviewing any clearance and fitness assessments by departments | |
and agencies. | |
Making recommendations to the President and to other appointment | |
authorities on behalf of the President. | |
Identifying programmatic political workforce needs early and developing | |
plans (for example, Schedule F). | |
| |
l | |
Identifying potential political personnel both actively through recruitment | |
and passively by fielding resumes and adjudicating requests from | |
political actors. | |
l | |
l | |
l | |
l | |
Maintaining a strong relationship with the Office of Personnel Management | |
(OPM) both for operational purposes and to effectuate the President’s direct | |
Title 5 authorities. The President is in charge of the federal workforce and | |
exercises control principally by working through the Director of the Office | |
of Personnel Management. | |
Training and connecting political personnel. | |
Playing “bad cop” in a way that other White House offices cannot | |
(including serving as the office that takes direct responsibility for firings | |
and hirings). | |
Serving as a personnel link between conservative organizations and the | |
executive branch. | |
In most Administrations, PPO will staff more than 100 positions during a transition and thousands of noncareer positions during the President’s first term. Direct | |
authority and a strong relationship with the President are necessary attributes for | |
any PPO Director. Historically, PPO has had direct review and control of personnel | |
files, including security clearance dossiers. | |
— 32 — | |
White House Office | |
At the highest level, PPO is tasked with long-term, strategic workforce development. The “billets” of political appointments are of immense importance in | |
credentialing and training future leaders. In addition, whatever one’s view of the | |
constitutionality of various civil service rules (for example, the Federal Vacancies | |
Reform Act of 19986) might be, it is necessary to ensure that departments and | |
agencies have robust cadres of political staff just below senior levels in the event | |
of unexpected vacancies. | |
OFFICE OF POLITICAL AFFAIRS (OPA) | |
OFFICE OF CABINET AFFAIRS (OCA) | |
The OCA’s role has changed to some degree over the course of various Administrations, but its overriding function remains the same: to ensure the coordination | |
of policy and communication between the White House and the Cabinet. Most | |
important, the OCA coordinates all Cabinet meetings with the President. It should | |
also organize and administer regular meetings of the Deputy Secretaries because | |
they also typically serve vital roles in the departments and agencies and, further, | |
often become acting secretaries when Cabinet members resign. | |
— 33 — | |
| |
The OPA is the primary office within the executive branch for managing the | |
President’s political interests. Although its specific functions vary from Administration to Administration, the OPA typically serves as the liaison between the | |
President and associated political entities: national committees, federal and state | |
campaigns, and interest groups. Within legal guidelines, the OPA engages in outreach, conducts casework, and—if the President is up for reelection—assists with | |
his campaign. The OPA may also monitor congressional campaigns, arrange presidential visits with other political campaigns, and recommend campaign staff to | |
the Office of Presidential Personnel for service in the executive branch. | |
The OPA further serves as a line of communication between the White House | |
and the President’s political party. This includes both relaying the President’s | |
ambitions to political interests and listening to the needs of political interests. This | |
relationship allows for the exchange of information between the White House and | |
political actors across the country. The OPA should have one director of political | |
affairs who reports either to the Chief of Staff or to a Deputy Chief of Staff. The | |
OPA should also include various deputy directors, each of whom is responsible for | |
a certain geographical region of the country. | |
Because nearly all White House activities are in some way inherently political, | |
the OPA needs to be aware of all presidential actions and activities—including | |
travel, policy decisions, speeches, nominations, and responses to matters of | |
national security—and consider how they might affect the President’s image. The | |
OPA must therefore have a designated staffer who communicates not only with | |
other White House offices, but also with the Cabinet and executive branch agencies. | |
| |
Mandate for Leadership: The Conservative Promise | |
There should be one Cabinet Secretary who reports to the Chief of Staff’s office, | |
either directly or through a deputy chief, according to the chief’s preference and | |
focus. The Cabinet Secretary maintains a direct relationship with all members of | |
the Cabinet. | |
The OCA further consists of deputies and special assistants who work with each | |
department’s principal, Deputy Secretary, Under Secretaries, Assistant Secretaries, | |
and other senior staff. The OCA also connects the departments to WHO offices. | |
The OCA coordinates with the Chief of Staff’s office and the Office of Communications to promote the President’s agenda through the Cabinet departments and | |
agencies. The Cabinet’s communications staffers are obviously another critical | |
component of this operation. | |
In prior Administrations, the OCA has played a vital role by tracking the President’s agenda for the Chief of Staff, Deputy Chiefs, and senior advisers. It has | |
worked with each department and agency to advance policy priorities. In the future, | |
amplifying this function would truly benefit both the President and the conservative movement. | |
From time to time throughout an Administration, travel optics, ethics challenges, and Hatch Act7 issues involving Cabinet members, deputies, and senior | |
staffers can arise. The OCA is normally tasked with keeping the WHO informed | |
of such developments and providing support if and when necessary. | |
The ideal Cabinet Secretary will have exceptional organizational skills and be | |
a seasoned political operative or attorney. Because many Cabinet officials have | |
been former presidential candidates, governors, ambassadors, and Members of | |
Congress, the ideal candidate should also possess the ability to interact with and | |
persuade accomplished individuals. | |
OFFICE OF PUBLIC LIAISON (OPL) | |
The OPL is critically important in building coalitions and support for the President’s agenda across every aligned social, faith-based, minority, and economic | |
interest group. It is a critical tool for shaping public opinion and keeping myriad | |
supporters, as well as “frenemies” and opponents alike who are within reach, | |
better informed. | |
The OPL is a notably large office. It should have one Director who reports to the | |
Chief of Staff’s office, either directly or through a deputy, according to the chief’s | |
preference and focus. The Director must maintain relationships not only with | |
other WHO heads, but also with the senior staff of every Cabinet department and | |
agency. Since a President’s agenda is always in motion, it is important for the OPL | |
to facilitate listening sessions to receive the views of the various leaders and members of key interest groups. | |
The OPL should also have a sufficient number of deputies and special assistants | |
to cover the vast number of disparate interest groups that are engaged daily. The | |
— 34 — | |
White House Office | |
OFFICE OF INTERGOVERNMENTAL AFFAIRS (IGA) | |
The IGA connects the White House to state, county, local, and tribal governments. In other words, it is the one-stop shop for disseminating an Administration’s | |
agenda to all non–federal government entities. | |
The IGA should have a Director to whom one or two Deputy Directors report. | |
The Director must ensure that the White House remains connected to all non– | |
federal government entities. The interests and perspectives of these entities are | |
represented in policy discussions, organized events with the West Wing, EOP | |
senior staff, and IGA staff throughout the departments and agencies. | |
The IGA can be staffed in a variety of ways, but two arrangements are | |
most common: | |
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l | |
Each deputy and that deputy’s staffers are responsible for a type of government. | |
A group of staffers is responsible for a specific geographical region of | |
the country. | |
— 35 — | |
| |
OPL has, by far, held more meetings in the Eisenhower Executive Office Building | |
(EEOB) and within the West Wing itself than any other office within the WHO. | |
The OPL is the chief White House enforcer and gatekeeper among these various interest groups. It has operated best whenever the Chief of Staff has given it | |
permission to use both the proverbial “carrot” and the proverbial “stick.” To make | |
this work, communication with the chief’s office is vital. Additionally, the OPL has | |
had an outsized role in presidential scheduling and both official and political travel. | |
The OPL Director should come from the President’s election campaign or Capitol Hill—but should not have deeply entrenched connections to a K Street entity | |
or any other potential stakeholder. Some prior relationships can create real or | |
perceived biases toward one group or another. The Director should be amiable, | |
gregarious, highly organized, and willing to shoulder criticism and pushback from | |
interest groups and other elements of the Administration. | |
Unlike the Director, OPL deputies and special assistants need a deep understanding of the capital, from K Street to Capitol Hill. They should have extensive | |
experience in private industry, the labor sector, the conservative movement, and | |
among the specific interest groups with which they will be asked to engage on | |
behalf of the White House. | |
OPL staffers work with more external and internal parties than any other WHO | |
staffers. In turn, they must be effective communicators and initiative-takers. They | |
must also be able to influence, persuade, and—most important—listen to various | |
stakeholders and ensure that they feel heard. All OPL staffers must understand | |
from the outset that their jobs might be modified or even phased out entirely as | |
the Administration’s priorities change. | |
Mandate for Leadership: The Conservative Promise | |
The IGA, as suggested above, represents the interests and perspectives of non– | |
federal government entities, but its primary job is to make sure that these entities | |
understand an Administration’s agenda and ultimately support it. | |
The IGA must work with all other White House offices, especially the OPA and | |
the OPL, and manage its staff throughout the departments and agencies. IGA staffers must therefore have communication skills, understand political nuance, and | |
be willing to engage in complex policy discussions. They should also be not just | |
generally responsive, but also proactive in seeking out the interests and perspectives of non–federal government entities. | |
WHITE HOUSE POLICY COUNCILS | |
As the federal government has ballooned in size over the past century, it has | |
become increasingly difficult for the President alone to direct his agenda across | |
the executive branch. Three White House policy councils have come into existence | |
to help the President to control the bureaucracy and ensure continued alignment | |
between agency leadership and White House priorities. Those councils—as previewed above—are the NSC, NEC, and DPC. Each is headed by an Assistant to the | |
President and performs three significant functions. | |
| |
l | |
l | |
l | |
Policy Coordination. The primary role of the policy councils is to | |
coordinate the development of Administration policy. This frequently | |
includes developing significant legislative priorities, coordinating policy | |
decisions that impact multiple departments and agencies, and at times | |
coordinating policy decisions within a single department or agency. This | |
process must ensure that all relevant offices are included; that competing | |
or conflicting opinions are thoroughly discussed and evaluated; and, when | |
there is disagreement among White House senior staff or among Cabinet | |
members, a well-structured question is presented to the President for an | |
intermediate or final decision. | |
Policy Advice. By virtue of working in the White House, the heads of the | |
three policy councils will also function as independent policy advisers to | |
the President. This aspect of the role will vary depending on the individual | |
in this position and the President’s governing philosophy. Incumbents have | |
ranged from “honest brokers,” who mostly coordinate and ensure that all | |
opinions are fairly presented to the President, to “policy deciders,” who | |
largely drive a given policy topic on behalf of the President. | |
Policy Implementation. The policy councils also manage and mediate | |
the implementation of previous policy decisions. Implementation of a new | |
statute or an executive order frequently takes years and involves many | |
— 36 — | |
White House Office | |
distinct and more granular policy decisions along the way. It is essential | |
to have a centralized process for evaluating and coordinating these | |
decisions, especially if they involve more than one Cabinet department | |
or agency with differing opinions on the best approach for securing the | |
President’s goals. | |
The above functions have recently been managed by policy councils through | |
a tiered interagency policy process. This process helps to identify differences of | |
opinion and reach a decision without having to take every issue to the President. It | |
can be used to address a single question or monitor a recurring issue on an ongoing | |
basis. Typically, the process involves multiple Cabinet departments and agencies | |
that have a pertinent role, policy interest, or disagreement. Each policy council’s | |
process could involve the following committees: | |
l | |
l | |
Deputies Committee (DC). A DC is a meeting of presidentially appointed | |
executives chaired by the policy council’s Deputy Assistant to the President | |
and relevant Deputy Secretaries. It evaluates the options produced by the | |
PCC and frequently directs the PCC to add, expand, or reevaluate an option | |
or even to reach a compromise and resolve an issue at that level. | |
Principals Committee (PC). When questions are not resolved by a DC, | |
the Director of the Policy Council will chair a PC, which is attended by the | |
relevant Cabinet Secretaries and senior White House political staff. This is | |
the final opportunity for the President’s most senior advisers to discuss the | |
question, make sure that each principal’s position is carefully understood, | |
and see whether consensus or a compromise might be reached. If not, | |
the Chief of Staff’s office will schedule time for the PC to meet with the | |
President for a final decision. | |
Despite having seemingly clear and separate portfolios, the three policy councils frequently have areas of overlap, which can result in confusion, duplication, | |
or conflict. For example, there are the areas of immigration and border security | |
— 37 — | |
| |
l | |
Policy Coordinating Committee (PCC). A PCC is led by a Special | |
Assistant to the President from the policy council and includes political | |
Assistant Secretary–level experts from the relevant departments, | |
agencies, or offices. The purpose is to determine where consensus exists, | |
clearly identify where there are differing opinions, and develop options | |
for resolving the remaining questions. If no outstanding questions or | |
disagreements exist, the PCC may resolve the issue and move toward | |
implementation at the agency level. | |
| |
Mandate for Leadership: The Conservative Promise | |
(either NSC or DPC); health care, energy, and environment (either NEC or DPC); | |
and trade and international economic policy (either NSC or NEC). Identifying | |
these potentially problematic areas and assigning policy responsibilities to only | |
one council where possible will help to speed up the policy-coordination process. | |
While other chapters will cover specific policy goals for each department or | |
agency, incoming policy councils will need to move rapidly to lead policy processes | |
around cross-cutting agency topics, including countering China, enforcing immigration laws, reversing regulatory policies in order to promote energy production, | |
combating the Left’s aggressive attacks on life and religious liberty, and confronting | |
“wokeism” throughout the federal government. | |
National Security Council. The NSC is intended to be an interdepartmental body within the White House that can set national security policy with a | |
whole-of-government approach. Unlike the other policy councils, the NSC was | |
established by statute.8 Statutory members and advisers who are currently part of | |
the NSC include the President and Vice President; the Secretaries of State, Defense, | |
and Energy; the Chairman of the Joint Chiefs of Staff; and the Director of National | |
Intelligence.9 | |
The NSC staff, and particularly the National Security Adviser, should be | |
vetted for foreign and security policy experience and insight. The National Security Adviser and NSC staff advise the President on matters of foreign policy and | |
national security, serve as an information conduit in times of crisis, and as liaisons | |
ensuring that written communications are properly shared among NSC members. | |
Special attention should be given to the use of detailees to staff the NSC. In | |
recent years, the NSC’s staff size has been rightsized from its peak of 400 in 2015 | |
down to 100–150 professional members. The next Administration should try to | |
limit the number of detailees to ensure more direct presidential control. | |
National Economic Council. The NEC was established in 1993 by executive | |
order and has four key functions: | |
l | |
l | |
l | |
l | |
To “coordinate the economic policy-making process with respect to | |
domestic and international economic issues.” | |
To “coordinate economic policy advice to the President.” | |
To “ensure that policy decisions and programs are consistent with the | |
President’s stated goals” and “that those goals are being effectively pursued.” | |
To “monitor implementation of the President’s economic policy agenda.”10 | |
The NEC Director coordinates and implements the President’s economic policy | |
objectives by working with Cabinet secretaries, their departments, and multiple | |
— 38 — | |
White House Office | |
— 39 — | |
| |
agencies. The Director is supported by a staff of policy experts in various fields, | |
including infrastructure, manufacturing, research and development, agriculture, | |
small business, financial regulation, housing, technology and innovation, and | |
fiscal policy. | |
The NEC considers economic policy matters, and the DPC typically considers | |
anything related to domestic matters with the exception of economic policy matters. It also differs from the Council of Economic Advisers (CEA). Whereas the | |
NEC is in charge of policy development, the CEA acts as the White House’s internal | |
research arm for economic analysis. | |
It is therefore critically important to find people with the right qualifications to head both the NEC and the CEA. The CEA is almost always led by a | |
well-known academic economist, and the NEC is regularly led by someone with | |
expertise in directing the President’s economic policy process. Those who have | |
served in the role have ranged from former CEOs of the nation’s largest investment firms to financial-services industry managers to seasoned congressional | |
staffers who have managed the economic policy issues for top financial and | |
tax-writing committees. | |
Domestic Policy Council. The Domestic Policy Council (DPC) consists of | |
advisers to the President on noneconomic domestic policy issues as well as international issues with a significant domestic component (such as immigration). It is | |
one of the primary policy councils serving the President along with the NSC and | |
NEC. The Director serves as the principal DPC adviser to the President, along with | |
members of the Cabinet, and the Deputy Director chairs the committee responsible for coordinating domestic policy development at the Deputy Secretary level. | |
In this respect, both the Director and the Deputy Director have critical institutional functions that affect the development of domestic policy throughout the | |
Administration. | |
The DPC also has policy experts (for example, Special Assistants to the President or SAPs) who are responsible for developing and coordinating, as well as for | |
advising the President, on specific issues. It is essential that DPC policy expertise | |
reflect the most prominent issues that are before the Administration: issues such | |
as the environment, health care, housing, and immigration. In addition, DPC SAPs | |
should demonstrate a working knowledge of the rulemaking process (although | |
they need not necessarily be experts on regulation) because a working knowledge | |
of the rulemaking process will facilitate the DPC’s effectiveness in coordinating | |
Administration policy. | |
The DPC also needs to work closely with other offices within the Executive | |
Office of the President to promote economic opportunity and private-sector innovation. This includes working with the Office of Management and Budget and its | |
Office of Information and Regulatory Affairs as well as the Council of Economic | |
Advisers, Council on Environmental Quality, and Office of Science and Technology | |
Mandate for Leadership: The Conservative Promise | |
Policy. To this end, the Director should chair a standing meeting with the principals from each of the other EOP offices to enhance coordination from within the | |
White House. | |
Several areas will be especially important as the DPC works to develop a | |
well-defined domestic policy agenda. One is the promotion of innovation as a | |
foundation for economic growth and opportunity. The President should establish | |
an economic opportunity working group, chaired by the DPC Director, to coordinate the development of policies that promote economic opportunity. Another | |
important area is the promotion of health care reform to bring down costs for the | |
American people and the pressure that spending on health programs puts on the | |
federal budget. Finally, DPC should coordinate with the NSC on a policy agenda | |
to enhance border security. | |
| |
OFFICE OF THE VICE PRESIDENT (OVP) | |
In modern U.S. history, the Vice President has acted as a significant adviser to | |
the President. Once elected, the VP helps to promote and, in many instances, put | |
into place and execute the President’s agenda. The President may additionally | |
determine the inclusion of OVP staff in White House meetings, including Policy | |
Coordinating Committee, Deputies Committee, and Principals Committee discussions as has been done in various recent Administrations. | |
Recent Presidents have decided to give Vice Presidents space in the West Wing. | |
The VP’s proximity to the President—as well as to the Chief of Staff and additional | |
senior advisers—makes his or her role a powerful one within the West Wing. | |
Presidents typically tap VPs to lead various Administration efforts. These efforts | |
have included serving on the NSC Principals Committee, heading the National | |
Space Council, addressing immigration and border issues, leading the response | |
to health care crises, and supervising workforce programs. VPs traditionally also | |
spearhead projects of personal interest that have been authorized by the President. | |
The VP is also charged with breaking tie votes in the Senate and in recent years | |
has served abroad as a brand ambassador for the White House and more broadly | |
the United States, announcing Administration priorities and coordinating with | |
heads of state and other top foreign government officials. The Vice President, as | |
President of the Senate, could be a President’s emissary to the Senate. | |
OFFICE OF THE FIRST LADY/FIRST GENTLEMAN | |
The First Lady or First Gentleman plays an interesting role in the formation, | |
implementation, and execution of policy in concert with the President. Active | |
and interested first spouses often champion a select number of signature issues, | |
whether they be thorny social issues or deeper policy issues. One advantage of the | |
first spouse’s taking on hot-button social issues is that any political backlash will | |
be less severe than it would be for the President. | |
— 40 — | |
White House Office | |
The first spouse normally appoints a chief of staff who has enough assistants | |
to support the spouse’s activities in the East Wing of the White House. This group | |
works exclusively with the first spouse and senior members of the White House | |
along with EOP personnel to implement and execute the first spouse’s priorities, | |
which reflect the first spouse’s passions and interests and are often identified as | |
important in discussions with the President. Executed well, they can be strategically useful in accelerating the Administration’s agenda. Past East Wing initiatives | |
have focused on such issues as combating bullying, fighting drug abuse, promoting | |
literacy, and encouraging physical education for young adults and children. | |
The first spouse is afforded significant resources. His or her staff also works with | |
the President’s policy team, members of the Cabinet, and other EOP staff. | |
| |
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 Edwin | |
Meese III, Donald Devine, Ambassador Andrew Bremberg, and Jonathan Bronitsky deserve special mention. The | |
author alone assumes responsibility for the content of this chapter, and no views expressed herein should be | |
attributed to any other individual. | |
— 41 — | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
U.S. Constitution, art. II, § 1, https://constitution.congress.gov/constitution/article-2/ (accessed February 14, 2023). | |
U.S. Constitution, art. II, § 2. | |
U.S. Constitution, art. II, § 3. | |
U.S. Constitution, art. II, § 2. | |
See Chapter 2, “Executive Office of the President,” infra. | |
H.R. 4328, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law No. 105277, 105th Congress, October 21, 1998, Division C, Title I, § 151, https://www.congress.gov/105/plaws/publ277/ | |
PLAW-105publ277.pdf (accessed February 15, 2023). | |
7. S. 1871, An Act to Prevent Pernicious Political Activities, Public Law No. 76-252, 76th Congress, August 2, 1939, | |
https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/53/STATUTE-53-Pg1147.pdf (accessed March 7, 2023). | |
8. S. 758, National Security Act of 1947, Public Law No. 80-253, 80th Congress, July 26, 1947, https://govtrackus. | |
s3.amazonaws.com/legislink/pdf/stat/61/STATUTE-61-Pg495.pdf (accessed February 15, 2023). “The National | |
Security Council was established by the National Security Act of 1947 (PL 235 – 61 Stat. 496; U.S.C. 402), | |
amended by the National Security Act Amendments of 1949 (63 Stat. 579; 50 U.S.C. 401 et seq.). Later in 1949, | |
as part of the Reorganization Plan, the Council was placed in the Executive Office of the President.” The White | |
House, “National Security Council,” https://www.whitehouse.gov/nsc/ (accessed February 15, 2023). | |
9. See Chapter 2, “Executive Office of the President,” infra. | |
10. President William J. Clinton, Executive Order 12835, “Establishment of the National Economic Council,” | |
January 25, 1993, in Federal Register, Vol. 58, No. 16 (January 27, 1993), pp. 6189–6190, https://www.govinfo. | |
gov/content/pkg/FR-1993-01-27/pdf/FR-1993-01-27.pdf (accessed March 7, 2023). | |
| |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
— 42 — | |
2 | |
EXECUTIVE OFFICE | |
OF THE PRESIDENT | |
OF THE UNITED STATES | |
Russ Vought | |
— 43 — | |
| |
I | |
n its opening words, Article II of the U.S. Constitution makes it abundantly | |
clear that “[t]he executive power shall be vested in a President of the United | |
States of America.”1 That enormous power is not vested in departments or | |
agencies, in staff or administrative bodies, in nongovernmental organizations or | |
other equities and interests close to the government. The President must set and | |
enforce a plan for the executive branch. Sadly, however, a President today assumes | |
office to find a sprawling federal bureaucracy that all too often is carrying out its | |
own policy plans and preferences—or, worse yet, the policy plans and preferences | |
of a radical, supposedly “woke” faction of the country. | |
The modern conservative President’s task is to limit, control, and direct the | |
executive branch on behalf of the American people. This challenge is created | |
and exacerbated by factors like Congress’s decades-long tendency to delegate its | |
lawmaking power to agency bureaucracies, the pervasive notion of expert “independence” that protects so-called expert authorities from scrutiny, the presumed | |
inability to hold career civil servants accountable for their performance, and the | |
increasing reality that many agencies are not only too big and powerful, but also | |
increasingly weaponized against the public and a President who is elected by the | |
people and empowered by the Constitution to govern. | |
In Federalist No. 47, James Madison warned that “[t]he accumulation of all powers, | |
legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, | |
and whether hereditary, self-appointed, or elective, may justly be pronounced the | |
very definition of tyranny.”2 Regrettably, that wise and cautionary note describes | |
to a significant degree the modern executive branch, which—whether controlled | |
| |
Mandate for Leadership: The Conservative Promise | |
by the bureaucracy or by the President—writes federal policy, enforces that policy, | |
and often adjudicates whether that policy was properly drafted and enforced. The | |
overall situation is constitutionally dire, unsustainably expensive, and in urgent need | |
of repair. Nothing less than the survival of self-governance in America is at stake. | |
The great challenge confronting a conservative President is the existential need | |
for aggressive use of the vast powers of the executive branch to return power— | |
including power currently held by the executive branch—to the American people. | |
Success in meeting that challenge will require a rare combination of boldness and | |
self-denial: boldness to bend or break the bureaucracy to the presidential will and | |
self-denial to use the bureaucratic machine to send power away from Washington | |
and back to America’s families, faith communities, local governments, and states. | |
Fortunately, a President who is willing to lead will find in the Executive Office | |
of the President (EOP) the levers necessary to reverse this trend and impose a | |
sound direction for the nation on the federal bureaucracy. The effectiveness of | |
those EOP levers depends on the fundamental premise that it is the President’s | |
agenda that should matter to the departments and agencies that operate under his | |
constitutional authority and that, as a general matter, it is the President’s chosen | |
advisers who have the best sense of the President’s aims and intentions, both with | |
respect to the policies he intends to enact and with respect to the interests that | |
must be secured to govern successfully on behalf of the American people. This | |
chapter focuses on key features of and recommendations for several of the EOP’s | |
important components. | |
U.S. OFFICE OF MANAGEMENT AND BUDGET (OMB) | |
OMB assists the President in the execution of his policy agenda across the government by employing many statutory and executive procedural levers to bring | |
the bureaucracy in line with all budgetary, regulatory, and management decisions. | |
Properly understood, it is a President’s air-traffic control system with the ability and charge to ensure that all policy initiatives are flying in sync and with the | |
authority to let planes take off and, at times, ground planes that are flying off course. | |
OMB’s key roles include: | |
l | |
l | |
l | |
Developing and enforcing the President’s budget and executing the | |
appropriations laws that fund the government; | |
Managing agency and personnel performance, procurement policy, | |
financial management, and information technology; | |
Developing the President’s regulatory agenda, reviewing new regulatory | |
actions, reviewing federal information collections, and setting and enforcing | |
federal information policy; and | |
— 44 — | |
Executive Office of the President of the United States | |
l | |
Coordinating and clearing agency communications with Congress, | |
including testimonies and views on draft legislation. | |
— 45 — | |
| |
OMB cannot perform its role on behalf of the President effectively if it is not intimately involved in all aspects of the White House policy process and lacks knowledge | |
of what the agencies are doing. Internally to the EOP, ensuring that the policy-formulation procedures developed by the White House to serve the President include | |
OMB is one of any OMB Director’s major responsibilities. A common meme of those | |
who intend to evade OMB review is to argue that where “resources” are not being | |
discussed, OMB’s participation is optional. This ignores both OMB’s role in all downstream execution and the reality that it has the only statutory tools in the White | |
House that are powerful enough to override implementing agencies’ bureaucracies. | |
The Director must view his job as the best, most comprehensive approximation of the President’s mind as it pertains to the policy agenda while always being | |
ready with actual options to effect that agenda within existing legal authorities and | |
resources. This role cannot be performed adequately if the Director acts instead as | |
the ambassador of the institutional interests of OMB and the wider bureaucracy | |
to the White House. Once its reputation as the keeper of “commander’s intent” | |
is established, then and only then does OMB have the ability to shape the most | |
efficient way to pursue an objective. | |
Externally, the Director must ensure that OMB has sufficient visibility into | |
the deep caverns of agency decision-making. One indispensable statutory tool to | |
that end is to ensure that policy officials—the Program Associate Directors (PADs) | |
managing the vast Resource Management Offices (RMOs)—personally sign what | |
are known as the apportionments. In 1870, Congress passed the Anti-Deficiency | |
Act3 to prevent the common agency practice of spending down all appropriated | |
funding, creating artificial funding shortfalls that Congress would have to fill. The | |
law mandated that all funding be allotted or “apportioned” in installments. This | |
process, whereby agencies come to OMB for allotments of appropriated funding, is | |
essential to the effective financial stewardship of taxpayer dollars. OMB can then | |
direct on behalf of a President the amount, duration, and purpose of any apportioned funding to ensure against waste, fraud, and abuse and ensure consistency | |
with the President’s agenda and applicable laws. | |
The vast majority of these apportionments were signed by career officials—the | |
Deputy Associate Directors (DADs)—until the Trump Administration placed this | |
responsibility in the hands of the PADs and thereby opened wide vistas of oversight | |
that had escaped the attention of policy officials. The Biden Administration subsequently reversed this decision. No Director should be chosen who is unwilling | |
to restore apportionment decision-making to the PADs’ personal review, who is | |
not aggressive in wielding the tool on behalf of the President’s agenda, or who is | |
unable to defend the power against attacks from Congress. | |
| |
Mandate for Leadership: The Conservative Promise | |
It should be noted that each of OMB’s primary functions, along with other | |
executive and statutory roles, is carried out with the help of many essential OMB | |
support offices. The two most important offices for moving OMB at the will of a | |
Director are the Budget Review Division (BRD) and the Office of General Counsel | |
(OGC). The Director should have a direct and effective relationship with the head | |
of the BRD (considered the top career official within OMB) and transmit most | |
instructions through that office because the rest of the agency is institutionally inclined toward its direction and responds accordingly. The BRD inevitably | |
will translate the directions from policy officials to the career staff, and at every | |
stage, it is obviously vital that the Director ensure that this translation is an | |
accurate one. | |
In addition, many key considerations involved in enacting a President’s agenda | |
hinge on existing legal authorities. The Director must ensure the appointment | |
of a General Counsel who is respected yet creative and fearless in his or her ability to challenge legal precedents that serve to protect the status quo. This is vital | |
within OMB not only with respect to the adequate development of policy options | |
for the President’s review, but also with respect to agencies that attempt to protect | |
their own institutional interests and foreclose certain avenues based on the mere | |
assertion (and not proof ) that the law disallows it or that, conversely, attempt to | |
disregard the clear statutory commands of Congress. | |
In general, the Director should empower a strong Deputy Director with authority over the Deputy for Management, the PADs, and the Office of Information and | |
Regulatory Affairs (OIRA) to work diligently to break down barriers within OMB | |
and not allow turf disputes or a lack of visibility to undermine the agency’s principal budget, management, and regulatory functions. OMB should work toward a | |
“One OMB” position on behalf of the President and represent that view during the | |
various policymaking processes. | |
Budget. The United States today faces an untenable fiscal situation and owes | |
$31 trillion on a debt that is steadily increasing. The OMB Director should present | |
a fiscal goal to the President early in the budget development process to address | |
the federal government’s fiscal irresponsibility. This goal would help to align the | |
months-long process of developing the actual proposals for inclusion in the budget. | |
Though some mistakenly regard it as a mere paper-pushing exercise, the President’s budget is in fact a powerful mechanism for setting and enforcing public | |
policy at federal agencies. The budget team includes six Resource Management | |
Offices that, together with the BRD and other components, help the Director of | |
OMB to develop and execute detailed agency spending plans that bear on every | |
major aspect of policy formation and execution at federal agencies. Through initial | |
priority-setting and ongoing supervision of agency spending, OMB’s budget team | |
plays a key role in executing policy across the executive branch, including at many | |
agencies wrongly regarded as “independent.” | |
— 46 — | |
Executive Office of the President of the United States | |
The RMOs, each of which is led by a political appointee known as the PAD and | |
a career DAD, are separated into six functional units: | |
l | |
National Security. | |
l | |
Natural Resources, Energy, and Science. | |
l | |
Health. | |
l | |
Education, Income Maintenance, and Labor. | |
l | |
Transportation, Justice, and Homeland Security. | |
l | |
Treasury, Commerce, and Housing. | |
— 47 — | |
| |
Because the RMOs are institutionally ingrained in nearly all policymaking and | |
implementation across the executive branch, they play a critical role in helping the | |
Director to implement the President’s public policy agenda. However, because each | |
RMO is responsible for formulating and supervising such a wide range of policy | |
details, many granular but critical policy decisions are effectively left to the career | |
professionals who serve across Administrations. | |
To enhance the OMB Director’s ability to help the President drive policy at the | |
agencies, the existing six RMOs should be divided into smaller subject-matter areas, | |
allowing for more PADs, and each of these PADs should have a Deputy PAD. This | |
expanded pool of RMOs with additional political leadership would enable more | |
comprehensive direction and oversight of policy development and implementation. | |
Regardless of whether Congress adopts the President’s full set of budget recommendations, the President should reintroduce the concept of administrative | |
pay-as-you-go, or administrative PAYGO. This simple procedural requirement | |
imposes budget neutrality on the discretionary choices of federal agencies, of | |
which there are many in nearly all areas of policymaking. This simple step forces | |
the executive branch to control what it can control. The principle may occasionally | |
yield to other overarching requirements, such as a presidential regulatory budget, | |
but in nearly all cases, administrative PAYGO plays a unique and indispensable | |
role in enforcing fiscal responsibility at federal departments and agencies. | |
The President should use every possible tool to propose and impose fiscal discipline on the federal government. Anything short of that would constitute abject failure. | |
Management. The Management Office of OMB (the “M-Side” as it is often | |
called) is responsible for carrying out several important agency oversight functions, | |
many of which are statutory. The Management team includes the following offices | |
led by presidentially appointed Senate-confirmed individuals: | |
Mandate for Leadership: The Conservative Promise | |
l | |
The Office of Federal Procurement Policy (OFPP). | |
l | |
The Office of Performance and Personnel Management (OPPM). | |
l | |
The Office of Federal Financial Management (OFFM). | |
l | |
The Office of the Federal Chief Information Officer (OFCIO). | |
| |
l | |
The Made in America Office (MIAO), which was added by the Biden | |
Administration and is not a Senate-confirmed slot. | |
Each of these offices has responsibilities and authorities that a President can | |
use to help drive policy across the government. It is vital that the Director and his | |
political staff, not the careerists, drive these offices in pursuit of the President’s | |
actual priorities and not let them set their own agenda based on the wishes of the | |
sprawling “good government” management community in and outside of government. Many Directors do not properly prioritize the management portfolio, leaving | |
it to the Deputy for Management, but such neglect creates purposeless bureaucracy | |
that impedes a President’s agenda—an “M Train to Nowhere.” | |
OFPP. This office plays a critical role in leading the development of new policies | |
and regulations concerning federal contracting and procurement. Through the | |
Federal Acquisition Regulatory Council, which is generally chaired by the OFPP | |
Administrator, OFPP helps the Director to set a wide range of policies for all of | |
those who contract with the executive branch. In the past, those governmentwide | |
contracting rules have played a key role in helping to implement the President’s | |
policy agenda. This office should be engaged early and often in OMB’s effort to drive | |
policy, including by obtaining transparency about entities that are awarded federal | |
contracts and grants and by using government contracts to push back against woke | |
policies in corporate America. | |
OPPM. Through this office, the Director helps federal agencies to establish their | |
performance goals and performance review processes. OPPM also works with the | |
U.S. Office of Personnel Management (OPM) to establish and manage personnel | |
policies and practices across the federal government. The Director should instruct | |
OPPM to establish annual performance goals and review processes for agencies | |
that reflect the President’s agenda. OPPM should also be part of the President’s | |
strategy to set and enforce sensible policies and practices for the federal workforce. | |
OFFM. This office helps the Director to root out waste, fraud, and abuse in federal programs—for example, through the Do Not Pay program. It should be part of | |
efforts to save precious taxpayer resources. | |
OFCIO. This office guides the federal government’s use and adoption of Internet-based technologies to improve government operations and save taxpayer | |
— 48 — | |
Executive Office of the President of the United States | |
— 49 — | |
| |
money. As a function of its leadership role, it is critical in interagency discussions | |
on a wide range of technology issues. The office thus is an important part of the | |
President’s efforts to modernize, strengthen, and set technology-adoption policy | |
for the executive branch. | |
MIAO. Building on the example and work of the Trump Administration, President Biden established this office to centralize, carry out, and further develop the | |
federal government’s Buy-American and other Made-in-America commitments. | |
Its work ought to be continued and further strengthened. | |
Regulatory and Information Policy. OMB’s OIRA plays an enormous and | |
vital role in reining in the regulatory state and ensuring that regulations achieve | |
important benefits while imposing minimal burdens on Americans. The President | |
should maintain Executive Order (EO) 12866,4 the foundation of OIRA’s review | |
of regulatory actions. The Administration should likewise maintain the recent | |
extension of those standards to regulatory actions of the U.S. Department of the | |
Treasury.5 Regulatory analysis and OIRA review should also be required of the | |
historically “independent” agencies as the Office of Legal Counsel has found is | |
legally permissible.6 | |
If the current Administration proceeds with its declared intent to modify | |
aspects of EO 12866 or review OMB Circular A-4,7 the related document that | |
provides the foundation for cost-benefit analysis, the next President should immediately begin to undo those changes and develop a rigorous, data-driven approach | |
that will result in the least burdensome rules possible. The next President should | |
also revive the directive in Executive Order 138918 that significant guidance documents also must pass through OIRA review. | |
Because OIRA review often leads to fewer regulatory burdens, more regulatory | |
benefits, and better coordination of regulatory policy, funding for OIRA tends to | |
pay large dividends. Yet over the years, funding for OIRA has diminished. This | |
trend should be reversed. The budget should also include sufficient full-time equivalent (FTE) employees to form regulatory advance teams that would consult with | |
agencies on cost-benefit analysis and good regulatory practices at the beginning | |
of the rulemaking process for the most important regulations. These teams would | |
help agencies take cost-benefit analysis into account from the beginning of their | |
rulemaking efforts, which in turn would result in higher-quality regulations and a | |
swifter eventual OIRA review. To preserve the integrity of OIRA review, the staff | |
who consult at the beginning of a rulemaking should not handle its eventual review. | |
The next President should also reinstate the many executive orders signed | |
by President Trump that were designed to make the regulatory process more | |
just, efficient, and transparent. Executive Orders 13771,9 13777,10 13891,11 13892,12 | |
13893,13 13924 Section 6,14 13979,15 and 1398016 should be revived (with modifications as needed). Executive Order 1313217 on federalism should be strengthened | |
so that state regulatory and fiscal operations are not commandeered by the federal | |
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government through so-called cooperative federalism programs. Additionally, the | |
President should revise and sign an updated version of President Ronald Reagan’s | |
Executive Order 1263018 on federal takings. | |
The next President should strengthen implementation of the Information Quality Act,19 robustly use the authority of the Paperwork Reduction Act,20 carefully | |
enforce the Privacy Act,21 and ensure the sound execution of OIRA’s statistical | |
and other information policy functions. Regulatory cooperation agreements can | |
also promote the further adoption of good regulatory practices, which improve | |
market conditions for America and her allies. OIRA should also work with other | |
components of OMB to revise and apply OMB’s uniform Guidance for Grants and | |
Agreements22 and ensure that federal contract and grant guidelines satisfy EO | |
12866 and other centralized standards as appropriate. | |
But executive reforms and actions, while vital, are not enough: Congress also | |
must act. The next President should work with Congress to pass significant regulatory policy and process reforms, which could go a long way toward reining in | |
the administrative state. Excellent examples of such legislation include the Regulatory Accountability Act,23 SMART Act,24 GOOD Act,25 Early Participation in | |
Regulations Act,26 Unfunded Mandates Accountability and Transparency Act,27 | |
and REINS Act.28 | |
Finally, the next President should work with Congress to maximize the utility | |
of the Congressional Review Act (CRA),29 which allows Congress to undo midnight | |
regulatory actions (including those disguised as “guidance”) on an accelerated | |
timeline. To leverage the CRA’s power to the maximum extent, Congress and | |
the President should enact the Midnight Rules Relief Act,30 which would help to | |
ensure that multiple regulatory actions could be packaged and voted on at the same | |
time. Immediate and robust use of the CRA would allow the President to focus | |
his rulemaking resources on major new regulatory reforms rather than devoting | |
months or years to undoing the final rulemakings of the Biden Administration. | |
Legislative Clearance and Coordination. OMB plays a critical role in ensuring that the executive branch is aligned on legislative proposals and language, | |
agency testimonies, and other communications with Congress. The Director should | |
use these authorities to enforce policy and message consistency aggressively and | |
promote the effective engagement of the executive branch in legislative processes. | |
NATIONAL SECURITY COUNCIL (NSC) | |
The National Security Council (NSC) was established by statute to support the | |
President in developing and implementing national security policy by coordinating | |
across relevant departments and agencies, integrating authorities and resources | |
toward common ends, and objectively assessing progress toward established | |
goals. Led by the National Security Advisor (NSA), the NSC staff will be successful in implementing the President’s national security goals only if it is made up | |
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of personnel with technical expertise and experience as well as an alignment to | |
the President’s declared national security policy priorities. The NSC must then | |
chart a course that articulates and achieves the President’s national security goals | |
and objectives. The President should empower a strong NSC that not only has the | |
power to convene the policy process, but also is entrusted with the full power of | |
the presidency to drive the bureaucracy. | |
In organizing (by means of Presidential Directive31) an NSC staff that is more | |
responsive and aligned with the President’s goals and empowered to implement | |
them, the NSA should immediately evaluate and eliminate directorates that are | |
not aligned with the President’s agenda and replace them with new directorates as | |
appropriate that can drive implementation of the President’s signature national | |
security priorities. In addition to realigning the staff organization to the President’s | |
priorities, the NSA should assign responsibility for implementation of specific | |
policy initiatives to senior NSC officials from across the NSC staff structure. These | |
officials should develop, direct, and execute tangible action plans in coordination | |
with multiple agencies to achieve measurable, time-defined milestones. | |
Aligning NSC staff to the President’s national security goals will provide clearer | |
direction, a mandate for action, and a baseline of accountability that can be used | |
to evaluate staff performance and the NSC’s overall progress. Accountable senior | |
officials, themselves either political appointees or a minimum number of career | |
detailees, who are selected and vetted politically and report directly to political | |
staff should be the main day-to-day managers for interagency coordination and | |
implementation of their assigned national security policy objectives. They should | |
provide policy analysis for consideration by the broader NSC and relevant agencies | |
and ensure timely responses to decisions made by the President. The accountable | |
senior officials should be established at the direction of the NSA and draw on personnel and expertise from beyond the NSC, including OMB, the National Economic | |
Council, and relevant federal agencies. | |
The NSC staff and principals should work in tandem with the National Economic Council and OMB at all levels, presenting a united effort to achieve the | |
President’s goals and drawing on the latter’s statutory authorities to guide the | |
bureaucracy. To accomplish national objectives effectively, foreign policy should | |
fully incorporate the economic instruments of national power. National security | |
policy must also include the prioritized allocation of resources. When policies are | |
divorced from the resources required to implement them, they are stillborn—academic exercises that undermine our national security and leave departments and | |
agencies to their own devices. | |
The accountable senior officials should be empowered to identify, recruit, clear, | |
and hire staff who are aligned with and willing to shepherd the President’s national | |
security priorities. NSC staff leads, under the direction of the NSA, should have | |
the discretion to reduce the number of positions that need high-level clearances, | |
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and the NSC should be adequately resourced and authorized to adjudicate and | |
hold security clearances internally with investigators who work directly for the | |
NSC and whose sole task is to clear NSC officials. If certain staff are determined | |
not to need high-level clearances, the question becomes whether they should be | |
part of the NSC at all. | |
The NSC should take a leading role in directing the drafting and thorough review | |
of all formal strategies: the National Security Strategy, the National Defense Strategy, the Nuclear Posture Review, the Missile Defense Strategy, etc. In particular, | |
the National Defense Strategy, which by tradition has evaded significant review, | |
should be prioritized for White House review by the NSC and OMB. Both should | |
also conduct reviews of operational war plans and global force planning and allocations with the Secretary of Defense to align them with presidential priorities and | |
review all key policy and guidance intended for implementation by the heads of the | |
Department of Defense, the Department of State, and the Intelligence Community | |
before they are authorized for distribution. The NSC should rigorously review all | |
general and flag officer promotions to prioritize the core roles and responsibilities | |
of the military over social engineering and non-defense matters, including climate | |
change, critical race theory, manufactured extremism, and other polarizing policies | |
that weaken our armed forces and discourage our nation’s finest men and women | |
from enlisting to serve in defense of our liberty. | |
The NSC staff will need to consolidate the functions of both the NSC and the | |
Homeland Security Council (HSC), incorporate the recently established Office of | |
the National Cyber Director, and evaluate the required regional and functional | |
directorates. Given the aforementioned prerequisites, the NSC should be properly resourced with sufficient policy professionals, and the NSA should prioritize | |
staffing the vast majority of NSC directorates with aligned political appointees | |
and trusted career officials. For instance, the NSA should return all nonessential detailees to their home agencies on their first day in office so that the new | |
Administration can proceed efficiently without the personnel land mines left by | |
the previous stewards and as soon as possible should replace all essential detailees | |
with staff aligned to the new President’s priorities. The HSC has overseen pandemic | |
response, and its incorporation is important. | |
In the end, change requires intervention, and the NSC staff should be appropriately recruited, manned, and empowered to achieve the President’s national | |
security and foreign policy objectives and maintain robust policy analysis and | |
discussion while minimizing resistance from those who have an agenda or who | |
jealously guard their resources and autonomy at the expense of national security | |
and sound policy development. This resistance and inertia can be inadvertently | |
enabled by a small and unempowered NSC. | |
Additionally, the White House Chief of Staff and NSA must ensure that the NSC | |
is functioning in tandem with the rest of the White House staff to benefit from | |
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Executive Office of the President of the United States | |
the best strategic thinking of the President’s top advisers. History shows that an | |
unsupervised NSC staff can stray from its statutory role and adversely affect a President and his policies. Moreover, while the NSC should be fully incorporated into | |
the White House, it should also be allowed to do its job without the impediment | |
of dually hatted staff that report to other offices. For instance, the NSC needs its | |
own counsel to inform what legal options can be provided to the President. The | |
White House Counsel should be part of that policy process as the President’s top | |
legal adviser. These recommendations provide a clear road map for rapidly sizing | |
and solidifying the NSC staff to support and achieve the President’s objectives | |
beginning on Inauguration Day. | |
NATIONAL ECONOMIC COUNCIL (NEC) | |
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The National Economic Council is one of the policy councils serving the President along with the NSC and the Domestic Policy Council (DPC). The Director | |
serves as principal adviser to the President on domestic and international economic policy and communicates the President’s economic message to the media. | |
The Deputy Director is responsible for the day-to-day operation of the council, | |
which includes chairing the committee that coordinates economic policy development at the Deputy Secretary level. In effect, the Director and Deputy Director | |
are the officials who are primarily responsible for the development of economic | |
policymaking for the Administration. Once a policy is adopted, it is the appropriate agency’s responsibility to implement it. The NEC’s policy process is also used | |
to determine whether the President should support or oppose legislation passed | |
by Congress. | |
In addition to its leadership, the NEC has policy experts (for example, Special | |
Assistants to the President or SAPs) who are responsible for developing and coordinating, as well as advising the President, on specific issues. It is essential that | |
the policy expertise of the NEC reflect the current environment’s most pressing | |
issues. Today, this would include (among other topics) taxes, energy and environment, technology, infrastructure, health care, financial services, workforce, | |
agriculture, antitrust and competition policy, and retirement programs. NEC’s | |
SAPs should have a working knowledge of how the Administration can implement | |
policy through the rulemaking process, although it is not necessary that they be | |
experts on regulation themselves, particularly given OMB’s role. This will facilitate | |
the NEC’s effectiveness in coordinating Administration policy. | |
The NEC needs to work closely with other offices within the Executive Office | |
of the President to promote innovation by the private sector and create an environment that will stimulate economic activity while reducing federal spending | |
and debt. This includes working with the DPC, NSC, OMB, Council of Economic | |
Advisers, Office of Intergovernmental Affairs, Office of Cabinet Affairs, White | |
House Counsel, Council on Environmental Quality, Office of Legislative Affairs, | |
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Mandate for Leadership: The Conservative Promise | |
and Office of Science and Technology Policy. To this end, the NEC Director should | |
chair a standing meeting with the principals from each of the other EOP offices to | |
enhance coordination from within the White House. | |
In the past, there has been tension among the DPC, NEC, and NSC over jurisdiction. It is important to set clear jurisdictions at the start of an Administration | |
to prevent needless and counterproductive turf fights. In addition, the Principal | |
Deputy for international economic policy is jointly appointed at NEC and NSC and | |
could end up serving two different interests. To avoid such problems, international | |
economic policy should be entirely coordinated from NEC. | |
It will be especially important for the NEC to work seamlessly with the Council | |
of Economic Advisers (CEA), which provides the President and the White House | |
offices with the latest economic data and forecasts, as well as estimates of the economic impact of proposed policies, and prepares the annual Economic Report of | |
the President. The CEA is not a policy council and therefore does not run policy | |
processes, which is the responsibility of the NEC, DPC, and NSC. However, the | |
CEA does play a key role in ensuring that any policy considered by the councils is | |
rigorously evaluated for its economic impacts. | |
The NEC works closely with the White House Office of Communications and | |
Office of Speechwriting to ensure that the White House’s messaging and media | |
engagement communicate the President’s economic policy effectively. | |
The NEC also plays a key role in advancing the President’s economic agenda | |
by advising the Office of Presidential Personnel on appointments to key economic | |
posts, including positions in financial regulatory agencies. The NEC helps to ensure | |
that each economic post is held by a person who shares the President’s policy priorities and works well with the rest of the Administration’s economic team. The | |
financial regulators are run partly by civil servants (some of whom were political appointees in prior liberal Administrations) who often resist a conservative | |
Administration’s policies. It is therefore critical that an Administration not only | |
appoints capable individuals to lead these agencies, but also has personnel who | |
can be hired into senior staff positions within the agencies. | |
A few areas will be especially important if the NEC is to develop a well-defined | |
economic policy agenda. One is the promotion of innovation as a foundation for | |
economic growth and opportunity. Another is the creation of an environment that | |
fosters economic growth through tax reform and the elimination of regulatory and | |
procedural barriers. | |
OFFICE OF THE U.S. TRADE REPRESENTATIVE (USTR) | |
The Office of the U.S. Trade Representative provides the President with the | |
internal White House resources necessary to formulate and execute a unified, | |
whole-of-government approach to trade policy. The President should ensure | |
that the USTR is empowered to serve in that leadership role, much as other | |
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Executive Office of the President of the United States | |
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EOP components organize and drive a coordinated policy agenda on behalf of | |
the President. | |
The People’s Republic of China’s predatory trade practices have disrupted the | |
open-market trading system that has provided mutual benefit to all participating | |
countries—including China—for decades. The failure of the World Trade Organization (WTO) to discipline China for abrogation of its trading commitments has | |
seriously undermined its credibility and made it a largely ineffective institution. | |
The United States, through an empowered USTR, must act to rebalance and refocus | |
international trading relationships in favor of democratic nations that embrace | |
free, fair, and open trade principles built on market-driven economies. | |
Chapter 26 of this book outlines recommended trade policy priorities for the | |
incoming President. However, regardless of the approach, successful implementation of that trade agenda will require the President to articulate a clear policy | |
direction and instructions for the executive branch to operate in a coordinated | |
fashion under the leadership of an empowered USTR. | |
To address these and other challenges, protect the American worker, and secure | |
free and open markets for our communities and businesses, the next President | |
must leverage the institutional resources and strength of the USTR and neither | |
allow institutional interests to drive a fragmented trade policy that is developed | |
from the ground up nor cater to parochial interests across government and Washington’s broader industry of influence. | |
The USTR’s mission is vitally important in reorienting the global trading system | |
in a direction that is open, fair, and prosperous. In order to achieve the President’s | |
policy goals, a strong USTR must be empowered to set trade policy from the White | |
House with the authority and resources to represent the interests of the President’s trade agenda with adequate budget, staff, analysis, and expertise to engage | |
meaningfully in internal and interagency policy deliberations. The USTR should | |
organize and harness existing interagency trade committees to serve the President’s trade agenda and drive a consensus among federal stakeholders, dispose | |
of legacy advisory committees with members who serve special interests, direct | |
action to implement policy priorities, measure progress toward implementing the | |
President’s agenda, and hold agencies and officials accountable for delivering the | |
President’s agenda. The USTR’s leadership should not only coordinate and enforce | |
the President’s agenda across the federal community, but also set and enforce the | |
President’s trade agenda internally. | |
Trade policy and priorities should be set by the President and implemented by | |
the U.S. Trade Representative in cooperation with the other economic and national | |
security officials, not by the range of governmental and nongovernmental interests | |
that attempt to force their policy preferences on the USTR. A strong USTR empowered with the necessary resources, authorities, and interagency cooperation will | |
protect U.S. interests in the global marketplace more effectively. | |
Mandate for Leadership: The Conservative Promise | |
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COUNCIL OF ECONOMIC ADVISERS (CEA) | |
Congress established the Council of Economic Advisers in 1946 to advise the | |
President on economic policy based on data, research, and evidence. The CEA is | |
one of the oldest congressionally created offices within the White House complex | |
and plays a broad role in bringing economic expertise to Administration policy | |
across a large range of policy areas. The CEA has one presidentially appointed | |
and Senate-confirmed chair, two presidentially appointed members who assist | |
and often have expertise that complements the chair, and approximately 40 | |
staff employees. | |
Statutorily, the CEA is charged with being the President’s principal source of | |
economic advice. However, this role has diminished over time as its policy appraisal | |
and especially formulation and recommendation functions have been taken over or | |
diluted by other economic policy bodies within the White House. By law, the CEA | |
is required to publish an annual Economic Report of the President within 10 days | |
after submission of the budget. This report is not just a messaging document; it is | |
an opportunity to provide greater rigor in support of policy areas that the White | |
House is prioritizing and to build up the external credibility of those ideas. | |
A future conservative Administration should utilize the CEA as the senior internal White House economists much as the White House Counsel’s office functions | |
as the senior internal White House lawyers. This does not mean that there are no | |
economists in other offices. There are, just as there often are lawyers in the policy | |
councils and other White House offices, but the CEA’s role, like the White House | |
Counsel’s, is to employ its unique expertise (particularly on the technical side) to | |
ensure that sound analysis is contributing to and shaping the policy discussion. | |
In practice, this means that CEA staff do not “coordinate” the policy process in | |
the way that the DPC or NEC would, but they should be integral to the EOP’s policy | |
development processes. CEA staff should support sound policy development and | |
execution by actively contributing to running policy dialogues, proactively raising | |
issues that need to be addressed, consulting on questions that arise, and guiding | |
EOP and agency officials on the analytical foundations of policy. Structurally, the | |
White House Chief of Staff should ensure that the CEA has a seat at the policymaking table on all relevant policy. | |
Senior economists traditionally have not gone through the Office of Presidential | |
Personnel process and more often than not are hired on an academic-year cycle. As | |
a result, senior economists hired in the summer of a presidential election year tend | |
to remain on staff until the next summer even if a President from the opposite party | |
takes power and installs a new slate of CEA political appointees for chair, members, | |
etc. Although these hiring practices create some continuity, the presence of senior | |
economists who were never fully vetted for their alignment with White House | |
policy objectives or who were holdovers from a recently departed Administration can breed skepticism and distrust of the CEA by other units within the White | |
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Executive Office of the President of the United States | |
House, creating the risk that the CEA’s role in the policymaking process will be | |
diminished. A future Administration should consider hiring that reflects the White | |
House calendar (mid-January) and involves the Office of Presidential Personnel. | |
NATIONAL SPACE COUNCIL (NSPC) | |
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The National Space Council is responsible for providing advice and recommendations to the President on the formulation and implementation of space policy | |
and strategy. It is charged with conducting a whole-of-government approach to | |
the nation’s space interests: civil, military, intelligence, commercial, or diplomatic. | |
Historically, it has been chaired by the Vice President at the President’s direction, | |
and its members consist of members of the Cabinet and other senior executive | |
branch officials as specified by the President in Executive Order 13803.32 The | |
NSpC’s purpose is to ensure that the President’s priorities relative to space are | |
carried out and, as necessary, to resolve policy conflicts among departments and | |
agencies that are related to space. | |
Space projects and programs are risky, complex, expensive, and time consuming—although commercial space innovations are lowering costs and accelerating | |
schedules. Nevertheless, while fiscal discipline should not be ignored, long-term | |
policy stability is crucial to investors, innovators, industry, and agencies. Policy | |
stability is easier when policies and programs are aligned with long-term national | |
interests as opposed to those of particular advocacy groups or political factions. | |
The Trump Administration’s major space policies—including the U.S. Space Force, | |
the Artemis program to land the next Americans on the moon, and support for a | |
strong commercial space sector—have endured under the Biden Administration. | |
Major challenges remain in implementation and regulatory reform to keep up | |
with rapidly evolving space markets and competitors. These include the long-term | |
sustainability of space activities in light of increasing orbital debris; creation of | |
space situational awareness services for civil and commercial uses; management | |
of mega-constellations; licensing of new commercial remote sensing capabilities; | |
keeping up with licensing demands due to high launch rates; transitioning International Space Station operations to multiple, privately owned space platforms; | |
and (most important) accelerating the acquisition and fielding of national security | |
space capabilities in response to an increasingly aggressive China. | |
The Vice President should have a clear understanding with the National Security Advisor and the White House Counsel that they and their respective staffs | |
will work within the White House to determine the scope and leadership of policy | |
reviews that can overlap multiple areas of responsibility. A similar understanding | |
is necessary with the heads of other policy councils such as the NEC, DPC, and | |
National Science and Technology Council (NSTC). | |
As a result of the President’s direction and the Vice President’s leadership, the | |
NSpC under the Trump Administration was able to coordinate a wide range of | |
Mandate for Leadership: The Conservative Promise | |
space policy reviews, legislative proposals, and regulatory reforms smoothly. The | |
NSpC generally led on space issues within the EOP, but other White House offices | |
also took on space topics. | |
l | |
l | |
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l | |
As a member of the NSpC, and in coordination with other members, the | |
Office of Science and Technology Policy developed a national space weather | |
strategy, research and development (R&D) plans to mitigate the effects of | |
orbital debris, and protocols for planetary protection to avoid biological | |
contamination of celestial bodies. | |
The Council of Economic Advisers did research on the economic benefits of | |
space property rights. | |
OMB’s Office of Information and Regulatory Reform updated and | |
streamlined commercial launch licensing and commercial remote sensing | |
satellite rules. | |
During the Trump Administration, if a topic was purely military, such as standing up the U.S. Space Command, the NSC took the lead. If a topic cut across military, | |
civil, and commercial sectors, as was the case with cybersecurity in space, the NSpC | |
and NSC would cochair the policy review groups. | |
Trusted, collegial relationships across the White House complex are critical to | |
successful space policy development, implementation, and oversight. Nowhere | |
is this more important than in the relationship between the NSpC staff and OMB | |
staff who oversee civil and national security–related space spending. Teamwork | |
between the NSpC and OMB staff can communicate clear presidential priorities | |
to departments and agencies, facilitating smooth development of the President’s | |
budget request. The NSpC and OMB have many opportunities to collaborate in | |
promoting presidential priorities while finding offsets in lower-priority programs | |
and funding lines. | |
OFFICE OF SCIENCE AND TECHNOLOGY POLICY (OSTP) | |
The White House Office of Science and Technology Policy (OSTP) was created | |
by the National Science and Technology Policy, Organization, and Priorities Act | |
of 1976.33 Before its creation, Presidents received their advice and counsel on such | |
matters through advisers and boards that had no statutory authority. The Director | |
of OSTP is one of the few Senate-confirmed positions within the Executive Office | |
of the President. Consistent with other laws, the President may delegate to the | |
Director of OSTP directive authority over other elements of the executive branch. | |
Other EOP policy officials and organizations such as the NSC and NEC are formally | |
only advisory with relevant agency directives issued by the President. | |
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The OSTP’s functions, as contained in the law, are to advise the President of | |
scientific and technological considerations, evaluate the effectiveness of the federal | |
effort, and generally lead and coordinate the federal government’s R&D programs. | |
If science is being manipulated at the agencies to support separate political and | |
institutional agendas, the President should increase the prominence of the OSTP’s | |
Director either formally or informally. This would elevate the role of science in | |
policy discussions and subsequent outcomes and theoretically help to balance | |
out agencies like the Departments of Energy, State, and Commerce and the Environmental Protection Agency and Council on Environmental Quality. The OSTP | |
can also help to bring technical expertise to regulatory matters in support of OMB. | |
The OSTP should continue to play a lead role in coordinating federal R&D programs. Recent legislation, especially the CHIPS and Science Act,34 has expanded | |
federal policy and funding across the enterprise, and there is a need for more significant leadership in this area both to ensure effectiveness and to avoid duplication | |
of effort. As befitting its location in the White House, the OSTP must be concerned | |
with advancing national interests and not merely the parochial concerns of departments, agencies, or parts of the scientific community. | |
During the Trump and Biden Administrations, there has been a bipartisan focus | |
on prioritizing R&D funding around the so-called Industries of the Future (IOTF). | |
Under President Trump, IOTF priorities were artificial intelligence (AI), quantum | |
information science (QIS), advanced communications/5G, advanced manufacturing, | |
and biotechnology. Under President Biden, this list has been expanded to include | |
advanced materials, robotics, battery technology, cybersecurity, green products and | |
clean technology, plant genetics and agricultural technologies, nanotechnology, and | |
semiconductor and microelectronics technologies. These priorities should be evaluated and narrowed to ensure consistency with the next Administration’s priorities. | |
Given a long list of priorities, coordinating efforts across agencies and measuring success are extremely challenging. The OSTP and OMB are required to | |
work together on an annual basis to prioritize the funding requests and whatever | |
Congress adds on top of them, but there continues to be concern about mission | |
creep and funds expended on nonscientific R&D. | |
The President should also issue an executive order to reshape the U.S. Global | |
Change Research Program (USGCRP) and related climate change research programs. The USGCRP produces strategic plans and research (for example, the | |
National Climate Assessment) that reduce the scope of legally proper options in | |
presidential decision-making and in agency rulemakings and adjudications. Also, | |
since much environmental policymaking must run the gauntlet of judicial review, | |
USGCRP actions can frustrate successful litigation defense in ways that the career | |
bureaucracy should not be permitted to control. The process for producing assessments should include diverse viewpoints. The OSTP and OMB should jointly assess | |
the independence of the contractors used to conduct much of this outsourced | |
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Mandate for Leadership: The Conservative Promise | |
government research that serves as the basis for policymaking. The next President | |
should critically analyze and, if required, refuse to accept any USGCRP assessment | |
prepared under the Biden Administration. | |
The President should also restore related EOP research components to their | |
purely informational and advisory roles. Consistent with the Global Change | |
Research Act of 1990,35 USGCRP-related EOP components should be confined to | |
a more limited advisory role. These components should include but not necessarily | |
be limited to the OSTP; the NSTC’s Committee on Environment; the USGCRP’s | |
Interagency Groups (for example, the Carbon Cycle Interagency Working Group); | |
and the Federal Coordinating Council for Science, Engineering, and Technology. | |
As a general matter, the new Administration should separate the scientific risk | |
assessment function from the risk management function, which is the exclusive | |
domain of elected policymakers and the public. | |
Finally, the next Administration will face a significant challenge in unwinding | |
policies and procedures that are used to advance radical gender, racial, and equity | |
initiatives under the banner of science. Similarly, the Biden Administration’s | |
climate fanaticism will need a whole-of-government unwinding. As with other | |
federal departments and agencies, the Biden Administration’s leveraging of the | |
federal government’s resources to further the woke agenda should be reversed and | |
scrubbed from all policy manuals, guidance documents, and agendas, and scientific | |
excellence and innovation should be restored as the OSTP’s top priority. | |
COUNCIL ON ENVIRONMENTAL QUALITY (CEQ) | |
The Council on Environmental Quality is the EOP component with the principal task of administering the National Environmental Policy Act (NEPA)36 by | |
issuing regulations and interpretive documents and by overseeing the processes | |
of individual permitting agencies’ own NEPA regulations, including categorical | |
exclusions. The CEQ also coordinates environmental policy across the federal | |
government, and its influence has waxed and waned across Administrations. | |
The President should instruct the CEQ to rewrite its regulations implementing | |
NEPA along the lines of the historic 2020 effort and restoring its key provisions | |
such as banning the use of cumulative impact analysis. This effort should incorporate new learning and more aggressive reform options that were not included | |
in the 2020 reform package with the overall goal of streamlining the process to | |
build on the Supreme Court ruling that “CEQ’s interpretation of NEPA is entitled | |
to substantial deference.”37 It should frame the new regulations to limit the scope | |
for judicial review of agency NEPA analysis and judicial remedies, as well as to | |
vindicate the strong public interest in effective and timely agency action. | |
The Federal Permitting Improvement Steering Council (FPISC), of which the | |
CEQ is a part, has been empowered by Congress through significant new funding | |
and amendments to FAST-41.38 The President should build on this foundation to | |
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Executive Office of the President of the United States | |
OFFICE OF NATIONAL DRUG CONTROL POLICY (ONDCP) | |
Congress created the Office of National Drug Control Policy (ONDCP) through | |
the Anti-Drug Abuse Act of 198840 to serve as a coordinative auxiliary for the President on all matters related to drug policy. The next President’s top drug policy | |
priority must be to address the current fentanyl crisis and reduce the number of | |
overdoses and fatalities. This crisis resulted in the deaths of more than 100,000 | |
Americans in 2021. | |
The next Administration must reaffirm a commitment to preventing drug use | |
before it starts, providing treatment that leads to long-term recovery, and reducing | |
the availability of illicit drugs in the United States. The drug trafficking environment is exponentially more dynamic and dangerous today than it was just five | |
years ago as powerful synthetic opioids (fentanyl and its analogues) are mixed | |
into other drugs of abuse. Drug trafficking organizations are extremely nimble and | |
able to adapt quickly to federal government actions and changes in user behavior. | |
Disrupting the flow of drugs across our borders and into our communities is of | |
paramount importance, both to save lives and to bolster our public health efforts. | |
For these reasons, the Director of ONDCP should make it a point to consult with | |
federal border enforcement officials. | |
— 61 — | |
| |
further empower the FPISC by making its Executive Director an EOP appointee | |
with delegated presidential directive authority over executive branch permitting | |
agencies. For instance, the implementation of Executive Order 13807’s One Federal | |
Decision39 revealed many ways that the systems established by EO 13807 can be | |
improved. The new President should seek to issue a new executive order to create | |
a unified process for major infrastructure projects that includes giving project | |
proponents more control of any regulatory clocks. | |
The President should issue an executive order establishing a Senior Advisor to | |
coordinate the policy development and implementation of relevant energy and | |
environment policy by officials across the EOP (for example, the policy staff of the | |
NSC, NEC, DPC, CEQ, and OSTP) and abolishing the existing Office of Domestic Climate Policy. The Senior Advisor would report directly to the Chief of Staff. The role | |
would be similar to the role that Brian Deese and John Podesta had in the Obama | |
White House. This energy/environment coordinator would help to lead the fight | |
for sound energy and environment policies both domestically and internationally. | |
The President should eliminate the Interagency Working Group on the Social | |
Cost of Carbon (SCC), which is cochaired by the OSTP, OMB, and CEA, and by | |
executive order should end the use of SCC analysis. | |
Finally, the President should work with Congress to establish a sweeping modernization of the entire permitting system across all departments and agencies that | |
is aimed at reducing litigation risk and giving agencies the authority to establish | |
programmatic, general, and provisional permits. | |
Mandate for Leadership: The Conservative Promise | |
The National Drug Control Program agencies represented a total of $41 billion | |
in fiscal year 2022. Whereas the position for overseeing budget activities is traditionally held by a career official, it is imperative that a political appointee lead the | |
ONDCP budget office to ensure coordination between the OMB Program Associate | |
Director and the ONDCP budgetary appointee. | |
ONDCP grant-making activities have been controversial over the years, particularly within conservative Administrations concerned that the White House | |
lacks the expertise to oversee such programs directly. The ONDCP administers | |
two grant programs: the Drug-Free Communities Support Program and the High | |
Intensity Drug Trafficking Areas Program. While it makes sense to transfer these | |
programs eventually to the Department of Justice and Department of Health and | |
Human Services, respectively, it is vital that the ONDCP Director ensure in the | |
immediate term that these grant programs are funding the President’s drug control | |
priorities and not woke nonprofits with leftist policy agendas. Thus, the President | |
must insure that the ONDCP is managed by political appointees who are committed to the Administration’s agenda and not acquiesce to management by political | |
or career military personnel who oversaw the prior Administration’s ONDCP. | |
| |
GENDER POLICY COUNCIL (GPC) | |
The President should immediately revoke Executive Order 1402041 and every | |
policy, including subregulatory guidance documents, produced on behalf of or | |
related to the establishment or promotion of the Gender Policy Council and its | |
subsidiary issues. Abolishing the Gender Policy Council would eliminate central | |
promotion of abortion (“health services”); comprehensive sexuality education | |
(“education”); and the new woke gender ideology, which has as a principal tenet | |
“gender affirming care” and “sex-change” surgeries on minors. In addition to eliminating the council, developing new structures and positions will have the dual | |
effect of demonstrating that promoting life and strengthening the family is a priority while also facilitating more seamless coordination and consistency across | |
the U.S. government. | |
Specifically, the President should appoint a position/point of contact with the | |
rank of Special Assistant to the President or higher to coordinate and lead the President’s domestic priorities on issues related to life and family in cooperation with | |
the Domestic Policy Council. This position would be responsible for facilitating | |
meetings, discussions, and agreements among personnel; coordinating Administration policy; and ensuring agency support for implementation of policies related | |
to the promotion of life and family in the United States. | |
OFFICE OF THE VICE PRESIDENT (OVP) | |
The Vice President is elected to the second highest office in the nation and plays | |
a constitutionally vital role as President-in-waiting. The Vice President is also | |
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Executive Office of the President of the United States | |
— 63 — | |
| |
the President of the Senate and is charged with breaking tie votes in that body. In | |
recent years, the Vice President has been granted office space in the West Wing | |
and the Eisenhower Executive Office Building. | |
The OVP is another one of the levers that the President should use to execute his | |
agenda. This is particularly true because there is significant and unique leverage | |
that the Vice President’s leadership of the OVP can evoke to shape policy discussions and outcomes. Every other appointed White House official serves at the | |
pleasure of the President, whereas the Vice President is elected, and the process | |
for filling vacancies in that Article II constitutional office, which includes confirmation of a replacement Vice President by a majority of both Houses of Congress, | |
is governed by the Twenty-Fifth Amendment.42 | |
The Vice President has his or her own economic advisers, domestic policy and | |
national security staff, and daily intelligence briefings. The Vice President should | |
fill his or her office with strong and sound policy minds to effectively assist the | |
President in fulfilling his agenda. | |
The Vice President is also a statutory member of the National Security Council.43 | |
In theory, in light of the fact that the Vice President is a member of the Smithsonian Institution’s Board of Regents,44 there is nothing to prevent Congress from | |
assigning the Vice President additional statutory duties. | |
All of the component councils and offices discussed in this chapter include real | |
policy development and implementation authority, and a robust OVP should be | |
fully integrated into all policy-formation procedures. Only a Vice President who | |
is deeply steeped in the interworking of the interagency and policy councils can | |
offer useful advice and prove helpful in accomplishing the President’s agenda. It | |
is also obvious, in view of the fact that many former Vice Presidents have gone on | |
to be elected President in their own right,45 that the Vice Presidency can act as a | |
training ground for presidential office. | |
In the past, the Vice President has been tasked with leading certain initiatives or | |
issues. For example, Mike Pence was tasked with coordinating the federal response | |
to COVID-19, and both Pence and Kamala Harris have chaired the National Space | |
Council. Vice Presidents Richard Cheney and Dan Quayle were also active on the | |
deregulatory front and in imposing regulatory moratoria. However, OVP officials should be fully integrated into each and every process from the start of a | |
new Administration and not have to wait to be invited to join various meetings or | |
working groups on an ad hoc basis. For example, the budget and regulatory review | |
processes are linchpins in the execution of policy, and the OVP should have a seat | |
at the table through every phase of policy development. | |
Past Vice Presidents have also spent significant time abroad serving as a type of | |
brand ambassador for the White House and, more broadly, for the United States, | |
announcing Administration priorities and coordinating with heads of state and | |
other top officials of foreign governments. The Vice President, as President of the | |
Mandate for Leadership: The Conservative Promise | |
| |
Senate, often serves as a presidential emissary to the Senate and thus can be especially helpful in securing passage of the President’s legislative agenda. | |
To the extent that he or she desires, a Vice President can have a direct role in | |
shaping Administration policy. A Vice President who regularly attends meetings | |
and disperses staff across the interagency and policy councils is a Vice President | |
whose voice will be heard. | |
AUTHOR’S NOTE: Special thanks to those who contributed to this chapter: Stephen Billy, Scott Pace, Casey | |
Mulligan, Edie Heipel, Mike Duffey, Vance Ginn, Iain Murray, Laura Cunliffe, Mario Loyola, Anthony Campau, Paige | |
Agostin, Molly Sikes, Paul Ray, Kenneth A. Klukowski, Michael Anton, Robert Greenway, Valerie Huber, James Rockas, | |
Paul Winfree, Aaron Hedlund, Brian McCormack, David Legates, Art Kleinschmidt, Paul Larkin, Kayla Tonnessen, | |
Jeffrey B. Clark, Jonathan Wolfson, and Bob Burkett. | |
— 64 — | |
Executive Office of the President of the United States | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
16. | |
— 65 — | |
| |
9. | |
U.S. Constitution, Article II, Section 1, https://www.law.cornell.edu/constitution/articleii#section1 (accessed | |
January 30, 2023). | |
James Madison, The Federalist Papers No. 47, January 30, 1788, https://founders.archives.gov/documents/ | |
Madison/01-10-02-0266 (accessed January 30, 2023). | |
31 U.S.C. §§ 1341(a)(1)(A) and 1341(a)(1)(B), https://www.law.cornell.edu/uscode/text/31/1341 (accessed | |
January 30, 2023); § 1342, https://www.law.cornell.edu/uscode/text/31/1342 (accessed January 30, 2023); and | |
§ 1517(a), https://www.law.cornell.edu/uscode/text/31/1517(a) (accessed January 30, 2023). | |
President William J. Clinton, Executive Order 12866, “Regulatory Planning and Review,” September 30, 1993, | |
in Federal Register, Vol. 58, No. 190 (October 4, 1993), pp. 51735–51744, https://www.govinfo.gov/content/pkg/ | |
FR-1993-10-04/pdf/FR-1993-10-04.pdf (accessed March 9, 2023). | |
Brent J. McIntosh, General Counsel, Department of the Treasury, and Neomi Rao, Administrator, Office of | |
Information and Regulatory Affairs, Memorandum of Agreement, “The Department of the Treasury and the | |
Office of Management and Budget Review of Tax Regulations Under Executive Order 12866,” April 11, 2018, | |
https://home.treasury.gov/sites/default/files/2018-04/04-11%20Signed%20Treasury%20OIRA%20MOA.pdf | |
(accessed January 31, 2023). | |
See Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, “Extending Regulatory Review | |
Under Executive Order 12866 to Independent Regulatory Agencies,” 43 Op. O.L.C. __ (Oct. 8, 2019), https:// | |
www.justice.gov/sites/default/files/opinions/attachments/2020/12/30/2019-10-08-extend-reg-review.pdf | |
(accessed January 31, 2023). | |
Office of Management and Budget, Circular A-4, “Regulatory Analysis,” September 17, 2003, https:// | |
www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf (accessed | |
January 31, 2023). | |
President Donald J. Trump, Executive Order 13891, “Promoting the Rule of Law Through Improved Agency | |
Guidance Documents,” October 9, 2019, in Federal Register, Vol. 84, No. 199 (October 15, 2019), pp. 55235– | |
55238, https://home.treasury.gov/sites/default/files/2018-04/04-11%20Signed%20Treasury%20OIRA%20MOA. | |
pdf (accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” | |
January 30, 2017, in Federal Register, Vol. 82, No. 22 (February 3, 20170, pp. 9339–9341, https://www.govinfo. | |
gov/content/pkg/FR-2017-02-03/pdf/2017-02451.pdf (accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” February 24, | |
2017, in Federal Register, Vol. 82, No. 39 (March 1, 2017), pp. 12285–12287, https://www.govinfo.gov/content/ | |
pkg/FR-2017-03-01/pdf/2017-04107.pdf (accessed January 31, 2023). | |
See note 8, supra. | |
President Donald J. Trump, Executive Order 13892, “Promoting the Rule of Law Through Transparency and | |
Fairness in Civil Administrative Enforcement and Adjudication,” in Federal Register, Vol. 84, No. 199 (October | |
15, 2019), pp. 55239–55243, https://www.govinfo.gov/content/pkg/FR-2019-10-15/pdf/2019-22624.pdf | |
(accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13893, “Increasing Government Accountability for Administrative | |
Actions by Reinvigorating Administrative PAYGO,” October 10, 2019, in Federal Register, Vol. 84, No. 200 | |
(October 16, 2019), pp. 55487–55488, https://www.govinfo.gov/content/pkg/FR-2019-10-16/pdf/2019-22749. | |
pdf (accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13924, “Regulatory Relief to Support Economic Recovery,” May 19, | |
2020, in Federal Register, Vol. 85, No. 100 (May 22, 2020), pp. 31353–31356, esp. 31355, https://www.govinfo. | |
gov/content/pkg/FR-2020-05-22/pdf/2020-11301.pdf (accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13979, “Ensuring Democratic Accountability in Agency | |
Rulemaking,” January 18, 2021, in Federal Register, Vol. 86, No. 13 (January 22, 2021), pp. 6813–6815, https:// | |
www.govinfo.gov/content/pkg/FR-2021-01-22/pdf/2021-01644.pdf (accessed January 31, 2023). | |
President Donald J. Trump, Executive Order 13980, “Protecting Americans from Overcriminalization | |
Through Regulatory Reform,” January 18, 2021, in Federal Register, Vol. 86, No. 13 (January 22, 2021), | |
pp. 6817–6820, https://www.govinfo.gov/content/pkg/FR-2021-01-22/pdf/2021-01645.pdf (accessed | |
January 31, 2023). | |
| |
Mandate for Leadership: The Conservative Promise | |
17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, | |
No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/9920729.pdf (accessed January 31, 2023). | |
18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with | |
Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, | |
1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf | |
(accessed January 31, 2023). | |
19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, | |
December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed | |
January 31, 2023). | |
20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// | |
www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). | |
21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual | |
Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records | |
Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study | |
Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, | |
December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed | |
January 31, 2023). | |
22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, | |
Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ | |
pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting | |
Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. | |
gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). | |
23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. | |
congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory | |
Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115thcongress/senate-bill/951 (accessed January 31, 2023). | |
24. S. 2314, Social Media Addiction Reduction Technology Act (SMART Act), 116th Congress, introduced July 30, | |
2019, https://www.congress.gov/bill/116th-congress/senate-bill/2314/text (accessed January 31, 2023). | |
25. H.R. 1605, Guidance Out of Darkness Act (GOOD Act), 117th Congress, introduced March 8, 2021, https://www. | |
congress.gov/bill/117th-congress/house-bill/1605 (accessed January 31, 2023). | |
26. S. 2804, Early Participation in Regulations Act of 2021, 117th Congress, introduced September 22, 2021, https:// | |
www.congress.gov/bill/117th-congress/senate-bill/2804 (accessed January 31, 2023). | |
27. S. 170, Unfunded Mandates Accountability and Transparency Act, 117th Congress, introduced February 2, 2021, | |
https://www.congress.gov/bill/117th-congress/senate-bill/170 (accessed January 31, 2023). | |
28. H.R. 277, Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), 118th Congress, | |
introduced January 11, 2023, https://www.congress.gov/bill/118th-congress/house-bill/277/all-info?r=217 | |
(accessed January 31, 2023). | |
29. Subtitle E, “Congressional Review,” in H.R. 3136, Contract with America Advancement Act of 1996, Public Law | |
No. 104-121, 104th Congress, March 29, 1996, https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/ | |
PLAW-104publ121.pdf (accessed January 31, 2023). | |
30. H.R. 115, Midnight Rules Relief Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress. | |
gov/bill/118th-congress/house-bill/115/text?s=1&r=18 (accessed January 31, 2023). | |
31. See Federation of American Scientists, Intelligence Resource Program, “Presidential Directives and Executive | |
Orders,” https://irp.fas.org/offdocs/direct.htm (accessed February 1, 2023), and Library of Congress, | |
Researchers, Newspaper and Current Periodical Reading Room, “Presidential Directives and Where to Find | |
Them,” March 30, 2022, https://www.loc.gov/rr/news/directives.html (accessed February 1, 2023). | |
32. President Donald J. Trump, Executive Order 13803, “Reviving the National Space Council,” June 30, 2017, in | |
Federal Register, Vol. 82, No. 129 (July 7, 2017), pp. 31429–31432, https://www.govinfo.gov/content/pkg/FR2017-07-07/pdf/2017-14378.pdf (accessed February 1, 2023). | |
— 66 — | |
Executive Office of the President of the United States | |
— 67 — | |
| |
33. H.R. 10230, National Science and Technology Policy, Organization, and Priorities Act of 1976, Public Law No. | |
94-282, 94th Congress, May 11, 1976, https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg459. | |
pdf (accessed February 1, 2023). | |
34. H.R. 4346, CHIPS [Creating Helpful Incentives to Produce Semiconductors] and Science Act, Public Law No. | |
117-167, 117th Congress, August 9, 2022, https://www.congress.gov/117/plaws/publ167/PLAW-117publ167.pdf | |
(accessed February 1, 2023). | |
35. S. 169, Global Change Research Act of 1990, Public Law No. 101-606, 101st Congress, November 16, 1990, | |
https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg3096.pdf (accessed February 1, 2023). | |
36. S. 1075, National Environmental Policy Act of 1969, Public Law No. 91-190, 91st Congress, January 1, 1970, | |
https://uscode.house.gov/statutes/pl/91/190.pdf (accessed February 1, 2023). | |
37. Andrus v. Sierra Club, 442 U.S. 347, 358 (1979), https://tile.loc.gov/storage-services/service/ll/usrep/usrep442/ | |
usrep442347/usrep442347.pdf (accessed March 7, 2023). | |
38. Title XLI (41) in H.R. 22, Fixing America’s Surface Transportation Act (FAST Act), Public Law No. 114-94, 114th | |
Congress, December 4, 2015, https://www.congress.gov/114/statute/STATUTE-129/STATUTE-129-Pg1312.pdf | |
(accessed February 1, 2023). | |
39. President Donald J. Trump, Executive Order 13807, “Establishing Discipline and Accountability in the | |
Environmental Review and Permitting Process for Infrastructure Projects,” August 15, 2017, in Federal Register, | |
Vol. 82, No. 163 (August 24, 2017), pp. 40463–40469, https://www.govinfo.gov/content/pkg/FR-2017-08-24/ | |
pdf/2017-18134.pdf (accessed February 1, 2023). | |
40. H.R. 5210, Anti-Drug Abuse of 1988, Public Law No. 100-690, 100th Congress, November 18, 1988, https://www. | |
congress.gov/100/statute/STATUTE-102/STATUTE-102-Pg4181.pdf (accessed February 1, 2023). | |
41. President Joseph R. Biden Jr., Executive Order 14020, “Establishment of the White House Gender Policy | |
Council,” March 8, 2021, in Federal Register, Vol. 86, No. 46 (March 11, 2021), pp. 13797–13801, https://www. | |
govinfo.gov/content/pkg/FR-2021-03-11/pdf/2021-05183.pdf (accessed January 31, 2023). | |
42. U.S. Constitution, Amendment XXV, https://www.law.cornell.edu/constitution/amendmentxxv (accessed | |
March 9, 2023). | |
43. 50 U.S.C. § 3021(c)(1), https://www.law.cornell.edu/uscode/text/50/3021 (accessed March 9, 2023). | |
44. 20 U.S.C. § 20(a), https://www.law.cornell.edu/uscode/text/20/42#:~:text=The%20business%20of%20the%20 | |
Institution%20shall%20be%20conducted,no%20two%20of%20them%20of%20the%20same%20State | |
(accessed March 9, 2023). | |
45. Vice Presidents Gerald Ford and Lyndon Johnson assumed (Ford) or initially assumed (Johnson) the office of | |
the presidency by a process of succession. | |
| |
3 | |
CENTRAL PERSONNEL AGENCIES: | |
MANAGING THE BUREAUCRACY | |
Donald Devine, | |
Dennis Dean Kirk, | |
and Paul Dans | |
OVERVIEW | |
l | |
The Office of Personnel Management (OPM); | |
l | |
The Merit Systems Protection Board (MSPB); | |
l | |
The Federal Labor Relations Authority (FLRA); and | |
l | |
The Office of Special Counsel (OSC). | |
— 69 — | |
| |
From the very first Mandate for Leadership, the “personnel is policy” theme has been | |
the fundamental principle guiding the government’s personnel management. As the U.S. | |
Constitution makes clear, the President’s appointment, direction, and removal authorities are the central elements of his executive power.1 In implementing that power, the | |
people and the President deserve the most talented and responsible workforce possible. | |
Who the President assigns to design and implement his political policy agenda | |
will determine whether he can carry out the responsibility given to him by the | |
American people. The President must recognize that whoever holds a government | |
position sets its policy. To fulfill an electoral mandate, he must therefore give personnel management his highest priority, including Cabinet-level precedence. | |
The federal government’s immense bureaucracy spreads into hundreds of agencies and thousands of units and is centered and overseen at the top by key central | |
personnel agencies and their governing laws and regulations. The major separate | |
personnel agencies in the national government today are: | |
| |
Mandate for Leadership: The Conservative Promise | |
Title 5 of the U.S. Code charges the OPM with executing, administering, and | |
enforcing the rules, regulations, and laws governing the civil service.2 It grants the | |
OPM direct responsibility for activities like retirement, pay, health, training, federal | |
unionization, suitability, and classification functions not specifically granted to other | |
agencies by statute. The agency’s Director is charged with aiding the President, as | |
the President may request, in preparing such civil service rules as the President prescribes and otherwise advising the President on actions that may be taken to promote | |
an efficient civil service and a systematic application of the merit system principles, | |
including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees. | |
The MSPB is the lead adjudicator for hearing and resolving cases and controversies for 2.2 million federal employees.3 It is required to conduct fair and neutral | |
case adjudications, regulatory reviews, and actions and studies to improve the | |
workforce. Its court-like adjudications investigate and hear appeals from agency | |
actions such as furloughs, suspensions, demotions, and terminations and are | |
appealable to the U.S. Court of Appeals. | |
The FLRA hears appeals of agency personnel cases involving federal labor grievance procedures to provide judicial review with binding decisions appealable to | |
appeals courts.4 It interprets the rights and duties of agencies and employee labor | |
organizations—on management rights, OPM interpretations, recognition of labor | |
organizations, and unfair labor practices—under the general principle of bargaining in good faith and compelling need. | |
The OSC serves as the investigator, mediator, publisher, and prosecutor before | |
the MSPB with respect to agency and employees regarding prohibited personnel practices, Hatch Act5 politicization, Uniformed Services Employment and | |
Reemployment Rights Act6 issues, and whistleblower complaints.7 | |
The Equal Employment Opportunity Commission (EEOC) has general responsibility for reviewing charges of employee discrimination against all civil rights | |
breaches. However, it also administers a government employee section that investigates and adjudicates federal employee complaints concerning equal employment | |
violations as with the private sector.8 This makes the agency an additional de facto | |
factor in government personnel management. | |
While not a personnel agency per se, the General Services Administration (GSA) | |
is charged with general supervision of contracting.9 Today, there are many more | |
contractors in government than there are civil service employees. The GSA must | |
therefore be a part of any personnel management discussion. | |
ANALYSIS AND RECOMMENDATIONS | |
OPM: Managing the Federal Bureaucracy. At the very pinnacle of the | |
modern progressive program to make government competent stands the ideal | |
of professionalized, career civil service. Since the turn of the 20th century, | |
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| |
progressives have sought a system that could effectively select, train, reward, | |
and guard from partisan influence the neutral scientific experts they believe are | |
required to staff the national government and run the administrative state. Their | |
U.S. system was initiated by the Pendleton Act of 188310 and institutionalized by | |
the 1930s New Deal to set principles and practices that were meant to ensure that | |
expert merit rather than partisan favors or personal favoritism ruled within the | |
federal bureaucracy. Yet, as public frustration with the civil service has grown, | |
generating calls to “drain the swamp,” it has become clear that their project has | |
had serious unintended consequences. | |
The civil service was devised to replace the amateurism and presumed corruption of the old spoils system, wherein government jobs rewarded loyal partisans | |
who might or might not have professional backgrounds. Although the system | |
appeared to be sufficient for the nation’s first century, progressive intellectuals | |
and activists demanded a more professionalized, scientific, and politically neutral | |
Administration. Progressives designed a merit system to promote expertise and | |
shield bureaucrats from partisan political pressure, but it soon began to insulate | |
civil servants from accountability. The modern merit system increasingly made it | |
almost impossible to fire all but the most incompetent civil servants. Complying | |
with arcane rules regarding recruiting, rating, hiring, and firing simply replaced | |
the goal of cultivating competence and expertise. | |
In the 1970s, Georgia Democratic Governor Jimmy Carter, then a political | |
unknown, ran for President supporting New Deal programs and their Great Society expansion but opposing the way they were being administered. The policies | |
were not actually reducing poverty, increasing prosperity, or improving the environment, he argued, and to make them work required fundamental bureaucratic | |
reform. He correctly charged that almost all government employees were rated | |
as “successful,” all received the same pay regardless of performance, and even the | |
worst were impossible to fire—and he won the presidency. | |
President Carter fulfilled his campaign promise by hiring Syracuse University | |
Dean Alan Campbell, who served first as Chairman of the U.S. Civil Service Commission and then as Director of the OPM and helped him devise and pass the Civil | |
Service Reform Act of 1978 (CSRA)11 to reset the basic structure of today’s bureaucracy. A new performance appraisal system was devised with a five rather than | |
three distribution of rating categories and individual goals more related to agency | |
missions and more related to employee promotion for all. Pay and benefits were | |
based directly on improved performance appraisals (including sizable bonuses) for | |
mid-level managers and senior executives. But time ran out on President Carter | |
before the act could be fully executed, so it was left to President Ronald Reagan | |
and his new OPM and agency leadership to implement. | |
Overall, the new law seemed to work for a few years under Reagan, but the Carter– | |
Reagan reforms were dissipated within a decade. Today, employee evaluation is back | |
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Mandate for Leadership: The Conservative Promise | |
to pre-reform levels with almost all rated successful or above, frustrating any relation between pay and performance. An “outstanding” rating should be required for | |
Senior Executive Service (SES) chiefs to win big bonuses, but a few years ago, when | |
it was disclosed that the Veterans Administration executives who encouraged false | |
reporting of waiting lists for hospital admission were rated outstanding, the Senior | |
Executive Association justified it, telling Congress that only outstanding performers | |
would be promoted to the SES in the first place and that precise ratings were unnecessary.12 The Government Accountability Office (GAO), however, has reported that | |
pay raises, within-grade pay increases, and locality pay for regular employees and | |
executives have become automatic rather than based on performance—as a result | |
of most employees being rated at similar appraisal levels.13 | |
OPM: Merit Hiring in a Merit System. It should not be impossible even | |
for a large national government to hire good people through merit selection. The | |
government did so for years, but it has proven difficult in recent times to select | |
personnel based on their knowledge, skills, and abilities (KSA) as the law dictates. | |
Yet for the past 34 years, the U.S. civil service has been unable to distinguish consistently between strong and unqualified applicants for employment. | |
As the Carter presidency was winding down, the U.S. Department of Justice | |
and top lawyers at the OPM contrived with plaintiffs to end civil service IQ examinations because of concern about their possible impact on minorities. The OPM | |
had used the Professional and Administrative Career Examination (PACE) general intelligence exam to select college graduates for top agency employment, but | |
Carter Administration officials—probably without the President’s informed concurrence—abolished the PACE through a legal consent court decree capitulating | |
to demands by civil rights petitioners who contended that it was discriminatory. | |
The judicial decree was to last only five years but still controls federal hiring and | |
is applied to all KSA tests even today. | |
General ability tests like the PACE have been used successfully to assess the usefulness and cost-effectiveness of broad intellectual qualities across many separate | |
occupations. Courts have ruled that even without evidence of overt, intentional | |
discrimination, such results might suggest discrimination. This doctrine of disparate impact could be ended legislatively or at least narrowed through the regulatory | |
process by a future Administration. In any event, the federal government has been | |
denied the use of a rigorous entry examination for three decades, relying instead | |
on self-evaluations that have forced managers to resort to subterfuge such as | |
preselecting friends or associates that they believe are competent to obtain qualified employees. | |
In 2015, President Barack Obama’s OPM began to introduce an improved merit | |
examination called USAHire, which it had been testing quietly since 2012 in a few | |
agencies for a dozen job descriptions. The tests had multiple-choice questions with | |
only one correct answer. Some questions even required essay replies: questions | |
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| |
that would change regularly to depress cheating. President Donald Trump’s OPM | |
planned to implement such changes but was delayed because of legal concerns | |
over possible disparate impact. | |
Courts have agreed to review the consent decree if the Uniform Guidelines | |
on Employee Selection Procedures setting the technical requirements for sound | |
exams are reformed. A government that is unable to select employees based on | |
KSA-like test qualifications cannot work, and the OPM must move forward on this | |
very basic personnel management obligation. | |
The Centrality of Performance Appraisal. In the meantime, the OPM must | |
manage the workforce it has. Before they can reward or discipline federal employees, | |
managers must first identify who their top performers are and who is performing | |
less than adequately. In fact, as Ludwig von Mises proved in his classic Bureaucracy,14 | |
unlike the profit-and-loss evaluation tool used in the private sector, government | |
performance measurement depends totally on a functioning appraisal system. If | |
they cannot be identified in the first place within a functioning appraisal system, it is | |
impossible to reward good performance or correct poor performance. The problem | |
is that the collegial atmosphere of a bureaucracy in a multifaceted appraisal system | |
that is open to appeals makes this a very challenging ideal to implement successfully. | |
The GAO reported more recently that overly high and widely spread performance ratings were again plaguing the government, with more than 99 percent of | |
employees rated fully successful or above by their managers, a mere 0.3 percent | |
rated as minimally successful, and 0.1 percent actually rated unacceptable.15 Why? | |
It is human nature that no one appreciates being told that he or she is less than | |
outstanding in every way. Informing subordinates in a closely knit bureaucracy | |
that they are not performing well is difficult. Rating compatriots is even considered rude and unprofessional. Moreover, managers can be and often are accused | |
of racial or sexual discrimination for a poor rating, and this discourages honesty. | |
In 2018, President Trump issued Executive Order 1383916 requiring agencies to reduce the time for employees to improve performance before corrective | |
action could be taken; to initiate disciplinary actions against poorly performing | |
employees more expeditiously; to reiterate that agencies are obligated to make | |
employees improve; to reduce the time for employees to respond to allegations | |
of poor performance; to mandate that agencies remind supervisors of expiring | |
employee probationary periods; to prohibit agencies from entering into settlement | |
agreements that modify an employee’s personnel record; and to reevaluate procedures for agencies to discipline supervisors who retaliate against whistleblowers. | |
Unfortunately, the order was overturned by the Biden Administration,17 so it will | |
need to be reintroduced in 2025. | |
The fact remains that meaningfully evaluating employees’ performance is a | |
critical part of a manager’s job. In the Reagan appraisal process, managers were | |
evaluated on how they themselves rated their subordinates. This is critical to | |
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Mandate for Leadership: The Conservative Promise | |
responsibility and improved management. It is essential that political executives | |
build policy goals directly into employee appraisals both for mission success and | |
for employees to know what is expected. Indistinguishable from their coworkers | |
on paper, hard-working federal employees often go unrewarded for their efforts | |
and are often the system’s greatest critics. Federal workers who are performing | |
inadequately get neither the benefit of an honest appraisal nor clear guidance on | |
how to improve. Political executives should take an active role in supervising performance appraisals of career staff, not unduly delegate this responsibility to senior | |
career managers, and be willing to reward and support good performers. | |
Merit Pay. Performance appraisal means little to daily operations if it is not tied | |
directly to real consequences for success as well as failure. According to a survey of | |
major U.S. private companies—which, unlike the federal government, also have a | |
profit-and-loss evaluation—90 percent use a system of merit pay for performance | |
based on some type of appraisal system. Despite early efforts to institute merit pay | |
throughout the federal government, however, compensation is still based primarily | |
on seniority rather than merit. | |
Merit pay for executives and managers was part of the Carter reforms and was | |
implemented early in the Reagan presidency. Beginning in the summer of 1982, | |
the Reagan OPM entered 18 months of negotiations with House and Senate staff | |
on extending merit pay to the entire workforce. Long and detailed talks between | |
the OPM and both Democrats and Republicans in Congress ensued, and a final | |
agreement was reached in 1983 that supposedly ensured the passage of legislation | |
creating a new Performance Management and Recognition System (PMRS) for all, | |
(not just management) GS-13 through GS-15 employees. | |
Meanwhile, the OPM issued regulations to expand the role of performance | |
related to pay throughout the entire workforce, but congressional allies of the | |
employee unions, led by Representative Steny Hoyer (D) of government employee– | |
rich Maryland, stoutly resisted this extension of pay-for-performance and, with | |
strong union support, used the congressional appropriations process to block OPM | |
administrative pay reforms. Bonuses for SES career employees survived, but performance appraisals became so high and widely distributed that there was little | |
relationship between performance and remuneration. | |
Ever since the original merit pay system for federal managers (GM-13 through | |
GM-15 grade levels, just below the SES) was allowed to expire in September 1993, | |
little to nothing has been done either to reinstate the federal merit pay program for | |
managers or to distribute performance rating evaluations for the SES, much less to | |
extend the program to the remainder of the workforce. A reform-friendly President | |
and Congress might just provide the opportunity to create a more comprehensive | |
performance plan; in the meantime, however, political executives should use existing pay and especially fiscal awards strategically to reward good performance to | |
the degree allowed by law. | |
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| |
Making the Appeals Process Work. The nonmilitary government dismissal | |
rate is well below 1 percent, and no private-sector industry employee enjoys the | |
job security that a federal employee enjoys. Both safety and justice demand that | |
managers learn to act strategically to hire good and fire poor performers legally. | |
The initial paperwork required to separate poor or abusive performers (when they | |
are infrequently identified) is not overwhelming, and managers might be motivated | |
to act if it were not for the appeals and enforcement processes. Formal appeal in the | |
private sector is mostly a rather simple two-step process, but government unions | |
and associations have been able to convince politicians to support a multiple and | |
extensive appeals and enforcement process. | |
As noted, there are multiple administrative appeals bodies. The FLRA, OSC, | |
and EEOC have relatively narrow jurisdictions. Claims that an employee’s removal | |
or disciplinary actions violate the terms of a collective bargaining agreement | |
between an agency and a union are handled by the FLRA, employees who claim | |
their removal was the result of discrimination can appeal to the EEOC, and employees who believe their firing was retribution for being a whistleblower can go to the | |
OSC. While the MSPB specializes in abuses of direct merit system issues, it can | |
and does hear and review almost any of the matters heard by the other agencies. | |
Cases involving race, gender, religion, age, pregnancy, disability, or national | |
origin can be appealed to the EEOC or the MSPB—and in some cases to both—and | |
to the OSC. This gives employees multiple opportunities to prove their cases, and | |
while the EEOC, MSPB, FLRA, and OSC may all apply essentially the same burden | |
of proof, the odds of success may be substantially different in each forum. In fact, | |
forum shopping among them for a friendlier venue is a common practice, but frequent filers face no consequences for frivolous complaints. As a result, meritorious | |
cases are frequently delayed, denying relief and justice to truly aggrieved individuals. | |
The MSPB can and does handle all such matters, but it faces a backlog of an | |
estimated 3,000 cases of people who were potentially wrongfully terminated or | |
disciplined as far back as 2013. From 2017–2022 the MSPB lacked the quorum | |
required to decide appeals. On the other hand, as of January 2023, the EEOC had | |
a backlog of 42,000 cases. | |
While federal employees win appeals relatively infrequently—MSPB administrative judges have upheld agency decisions as much as 80 percent of the time—the | |
real problem is the time and paperwork involved in the elaborate process that | |
managers must undergo during appeals. This keeps even the best managers from | |
bringing cases in all but the most egregious cases of poor performance or misconduct. As a result, the MSPB, EEOC, FLRA, and OSC likely see very few cases | |
compared to the number of occurrences, and nonperformers continue to be paid | |
and often are placed in nonwork positions. | |
Having a choice of appeals is especially unique to the government. If lower-priority issues were addressed in-house, serious adverse actions would be less subject | |
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Mandate for Leadership: The Conservative Promise | |
to delay. With the proper limitation of labor union actions, the FLRA should | |
have limited reason for appeals. The EEOC’s federal employee section should be | |
transferred to the MSPB, and many of the OCS’s investigatory functions should be | |
returned to the OPM. The MSPB could then become the main reviewer of adverse | |
actions, greatly simplifying the burdensome appeal process. | |
Making Civil Service Benefits Economically and Administratively Rational. In recent years, the combined wages and benefits of the executive branch | |
civilian workforce totaled $300 billion according to official data. But even that | |
amount does not properly account for billions in unfunded liability for retirement | |
and other government reporting distortions. Official data also report employment | |
as approximately 2 million, but this ignores approximately 20 million contractors | |
who, while not eligible for government pay and benefits, do receive them indirectly | |
through contracting (even if they are less generous). Official data also claim that | |
national government employees are paid less than private-sector employees are | |
paid for similar work, but several more neutral sources demonstrate that public-sector workers make more on average than their private-sector counterparts. | |
All of this extravagance deserves close scrutiny. | |
Market-Based Pay and Benefits. According to current law, federal workers | |
are to be paid wages comparable to equivalent private-sector workers rather than | |
compared to all private-sector employees. While the official studies claim that | |
federal employees are underpaid relative to the private sector by 20 percent or | |
more, a 2016 Heritage Foundation study found that federal employees received | |
wages that were 22 percent higher than wages for similar private-sector workers; | |
if the value of employee benefits was included, the total compensation premium | |
for federal employees over their private-sector equivalents increased to between | |
30 percent and 40 percent.18 The American Enterprise Institute found a 14 percent | |
pay premium and a 61 percent total compensation premium.19 | |
Base salary is only one component of a federal employee’s total compensation. | |
In addition to high starting wages, federal employees normally receive an annual | |
cost-of-living adjustment (available to all employees) and generous scheduled | |
raises known as step increases. Moreover, a large proportion of federal employees are stationed in the Washington, D.C., area and other large cities and are | |
entitled to steep locality pay enhancement to account for the high cost of living | |
in these areas. | |
A federal employee with five years’ experience receives 20 vacation days, 13 paid | |
sick days, and all 10 federal holidays compared to an employee at a large private | |
company who receives 13 days of vacation and eight paid sick days. Federal health | |
benefits are more comparable to those provided by Fortune 500 employers with | |
the government paying 72 percent of the weighted average premiums, but this is | |
much higher than for most private plans. Almost half of private firms do not offer | |
any employer contributions at all. | |
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The obvious solution to these discrepancies is to move closer to a market model | |
for federal pay and benefits. One need is for a neutral agency to oversee pay hiring | |
decisions, especially for high-demand occupations. The OPM is independent of | |
agency operations, so it can assess requirements more neutrally. For many years, | |
with its Special Pay Rates program, the OPM evaluated claims that federal rates | |
in an area were too low to attract competent employees and allowed agencies to | |
offer higher pay when needed rather than increased rates for all. Ideally, the OPM | |
should establish an initial pay schedule for every occupation and region, monitor | |
turnover rates and applicant-to-position ratios, and adjust pay and recruitment | |
on that basis. Most of this requires legislation, but the OPM should be an advocate | |
for a true equality of benefits between the public and private sectors. | |
Reforming Federal Retirement Benefits. Career civil servants enjoy retirement benefits that are nearly unheard of in the private sector. Federal employees | |
retire earlier (normally at age 55 after 30 years), enjoy richer pension annuities, | |
and receive automatic cost-of-living adjustments based on the areas in which they | |
retire. Defined-benefit federal pensions are fully indexed for inflation—a practice | |
that is extremely rare in the private sector. A federal employee with a preretirement income of $25,000 under the older of the two federal retirement plans will | |
receive at least $200,000 more over a 20-year period than will private-sector workers with the same preretirement salary under historic inflation levels. | |
During the early Reagan years, the OPM reformed many specific provisions of | |
the federal pension program to save billions administratively. Under OPM pressure, Reagan and Congress ultimately ended the old Civil Service Retirement | |
System (CSRS) entirely for new employees, which (counting disbursements for | |
the unfunded liability) accounted for 51.3 percent of the federal government's | |
total payroll. The retirement system that replaced it—the Federal Employees | |
Retirement System (FERS)—reduced the cost of federal employee retirement disbursements to 28.5 percent of payroll (including contributions to Social Security | |
and the employer match to the Thrift Savings Plan). More of the pension cost was | |
shifted to the employee, but the new system was much more equitable for the 40 | |
percent who received few or no benefits under the old system. | |
By 1999, more than half of the federal workforce was covered by the new system, | |
and the government’s per capita share of the cost (as the employer) was less than | |
half the cost of the old system: 20.2 percent of FERS payroll vs. 44.3 percent of | |
CSRS payroll, representing one of the largest examples of government savings | |
anywhere. Although the government pension system has become more like private | |
pension systems, it still remains much more generous, and other means might be | |
considered in the future to move it even closer to private plans. | |
GSA: Landlord and Contractor Management. The General Services | |
Administration is best known as the federal government’s landlord—designing, | |
constructing, managing, and preserving government buildings and leasing and | |
| |
Mandate for Leadership: The Conservative Promise | |
managing outside commercial real estate contracting with 376.9 million square feet | |
of space. Obviously, as its prime function, real estate expertise is key to the GSA’s | |
success. However, the GSA is also the government’s purchasing agent, connecting | |
federal purchasers with commercial products and services in the private sector | |
and their personnel management functions. With contractors performing so many | |
functions today, the GSA therefore becomes a de facto part of governmentwide | |
personnel management. The GSA also manages the Presidential Transition Act | |
(PTA) process, which also directly involves the OPM. A recent proposal would | |
have incorporated the OPM and GSA (and OMB). Fortunately, this did not take | |
place in that form, but it would make sense for GSA and OPM leadership and staff | |
to hold regular meetings to work through matters of common interest such as | |
moderating PTA personnel restrictions and the relationships between contract | |
and civil service employees. | |
Reductions-in-Force. Reducing the number of federal employees seems an | |
obvious way to reduce the overall expense of the civil service, and many prior | |
Administrations have attempted to do just this. Presidents Bill Clinton and | |
Barack Obama began their terms, as did Ronald Reagan and Donald Trump, by | |
mandating a freeze on the hiring of new federal employees, but these efforts did | |
not lead to permanent and substantive reductions in the number of nondefense | |
federal employees. | |
First, it is a challenge even to know which workers to cut. As mentioned, there | |
are 2 million federal employees, but since budgets have exploded, so has the | |
total number of personnel with nearly 10 times more federal contractors than | |
federal employees. Contractors are less expensive because they are not entitled | |
to high government pensions or benefits and are easier to fire and discipline. In | |
addition, millions of state government employees work under federal grants, in | |
effect administering federal programs; these cannot be cut directly. Cutting federal | |
employment can be helpful and can provide a simple story to average citizens, but | |
cutting functions, levels, funds, and grants is much more important than setting | |
simple employment size. | |
Simply reducing numbers can actually increase costs. OMB instructions following President Trump’s employment freeze told agencies to consider buyout | |
programs, encouraging early retirements in order to shift costs from current budgets in agencies to the retirement system and minimize the number of personnel | |
fired. The Environmental Protection Agency immediately implemented such a | |
program, and OMB urged the passage of legislation to increase payout maximums | |
from $25,000 to $40,000 to further increase spending under the “cuts.” President | |
Clinton’s OMB had introduced a similar buyout that cost the Treasury $2.8 billion, | |
mostly for those who were going to retire anyway. Moreover, when a new employee | |
is hired to fill a job recently vacated in a buyout, the government for a time is paying | |
two people to fill one job. | |
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| |
What is needed at the beginning is a freeze on all top career-position hiring | |
to prevent “burrowing-in” by outgoing political appointees. Moreover, four factors determine the order in which employees are protected during layoffs: tenure, | |
veterans’ preference, seniority, and performance in that order of importance. | |
Despite several attempts in the House of Representatives during the Trump years | |
to enact legislation that would modestly increase the weight given to performance | |
over time-of-service, the fierce opposition by federal managers associations and | |
unions representing long-serving but not necessarily well-performing constituents | |
explains why the bills failed to advance. A determined President should insist that | |
performance be first and be wary of costly types of reductions-in-force. | |
Impenetrable Bureaucracy. The GAO has identified almost a hundred actions | |
that the executive branch or Congress could take to improve efficiency and effectiveness across 37 areas that span a broad range of government missions and | |
functions. It identified 33 actions to address mission fragmentation, overlap, and | |
duplication in the 12 areas of defense, economic development, health, homeland | |
security, and information technology. It also identified 59 other opportunities for | |
executive agencies or Congress to reduce the cost of government operations or | |
enhance revenue collection across 25 areas of government.20 | |
A logical place to begin would be to identify and eliminate functions and programs that are duplicated across Cabinet departments or spread across multiple | |
agencies. Congress hoped to help this effort by passing the Government Performance and Results Act of 1993,21 which required all federal agencies to define | |
their missions, establish goals and objectives, and measure and report their performance to Congress. Three decades of endless time-consuming reports later, | |
the government continues to grow but with more paper and little change either | |
in performance or in the number of levels between government and the people. | |
The Brookings Institution’s Paul Light emphasizes the importance of the | |
increasing number of levels between the top heads of departments and the people | |
at the bottom who receive the products of government decision-making. He estimates that there are perhaps 50 or more levels of impenetrable bureaucracy and no | |
way other than imperfect performance appraisals to communicate between them.22 | |
The Trump Administration proposed some possible consolidations, but these | |
were not received favorably in Congress, whose approval is necessary for most such | |
proposals. The best solution is to cut functions and budgets and devolve responsibilities. That is a challenge primarily for Presidents, Congress, and the entire | |
government, but the OPM still needs to lead the way governmentwide in managing | |
personnel properly even in any future smaller government. | |
Creating a Responsible Career Management Service. The people elect a | |
President who is charged by Article 2, Section 3 of the Constitution23 with seeing | |
that the laws are “faithfully executed” with his political appointees democratically | |
linked to that legitimizing responsibility. An autonomous bureaucracy has neither | |
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Mandate for Leadership: The Conservative Promise | |
independent constitutional status nor separate moral legitimacy. Therefore, career | |
civil servants by themselves should not lead major policy changes and reforms. | |
The creation of the Senior Executive Service was the top career change introduced by the 1978 Carter–Campbell Civil Service Reform Act. Its aim was to | |
professionalize the career service and make it more responsible to the democratically elected commander in chief and his political appointees while respecting the | |
rights due to career employees, very much including those in the top positions. The | |
new SES would allow management to be more flexible in filling and reassigning | |
executive positions and locations beyond narrow specialties for more efficient | |
mission accomplishment and would provide pay and large bonuses to motivate | |
career performance. | |
The desire to infiltrate political appointees improperly into the high career | |
civil service has been widespread in every Administration, whether Democrat or | |
Republican. Democratic Administrations, however, are typically more successful | |
because they require the cooperation of careerists, who generally lean heavily to | |
the Left. Such burrowing-in requires career job descriptions for new positions that | |
closely mirror the functions of a political appointee; a special hiring authority that | |
allows the bypassing of veterans’ preference as well as other preference categories; | |
and the ability to frustrate career candidates from taking the desired position. | |
President Reagan’s OPM began by limiting such SES burrowing-in, arguing | |
that the proper course was to create and fill political positions. This simultaneously promotes the CSRA principle of political leadership of the bureaucracy and | |
respects the professional autonomy of the career service. But this requires that | |
career SES employees should respect political rights too. Actions such as career | |
staff reserving excessive numbers of key policy positions as “career reserved” to | |
deny them to noncareer SES employees frustrate CSRA intent. Another evasion | |
is the general domination by career staff on SES personnel evaluation boards, the | |
opposite of noncareer executives dominating these critical meeting discussions | |
as expected in the SES. Career training also often underplays the political role in | |
leadership and inculcates career-first policy and value viewpoints. | |
Frustrated with these activities by top career executives, the Trump Administration issued Executive Order 1395724 to make career professionals in positions | |
that are not normally subject to change as a result of a presidential transition but | |
who discharge significant duties and exercise significant discretion in formulating | |
and implementing executive branch policy and programs an exception to the competitive hiring rules and examinations for career positions under a new Schedule | |
F. It ordered the Director of OPM and agency heads to set procedures to prepare | |
lists of such confidential, policy-determining, policymaking, or policy-advocating | |
positions and prepare procedures to create exceptions from civil service rules when | |
careerists hold such positions, from which they can relocate back to the regular | |
civil service after such service. The order was subsequently reversed by President | |
— 80 — | |
Central Personnel Agencies: Managing the Bureaucracy | |
l | |
l | |
l | |
Executive Order 13836, encouraging agencies to renegotiate all union | |
collective bargaining agreements to ensure consistency with the law and | |
respect for management rights;26 | |
Executive Order 13837, encouraging agencies to prevent union | |
representatives from using official time preparing or pursuing grievances or | |
from engaging in other union activity on government time;27 and | |
Executive Order 13839, encouraging agencies both to limit labor grievances | |
on removals from service or on challenging performance appraisals and to | |
prioritize performance over seniority when deciding who should be retained | |
following reductions-in-force.28 | |
— 81 — | |
| |
Biden25 at the demand of the civil service associations and unions. It should be | |
reinstated, but SES responsibility should come first. | |
Managing Personnel in a Union Environment. Historically, unions were | |
thought to be incompatible with government management. There is a natural limit | |
to the bargaining power of private-sector unions, but the financial bottom line of | |
public-sector unions is not similarly constrained. If private-sector unions push | |
too hard a bargain, they can so harm a company or so reduce efficiency that their | |
employer is forced to go out of business and eliminate union jobs altogether. There | |
is no such limit in government, which cannot go out of business, so demands can | |
be excessive without negatively affecting employee and union bottom lines. | |
Even Democratic President Franklin Roosevelt considered union representation in the federal government to be incompatible with democracy. Striking and | |
even threats of bargaining and delay were considered acts against the people and | |
thus improper. It was not until President John Kennedy that union representation | |
in the federal government was recognized—and then merely by executive order. | |
Labor bargaining was not set in statute until the Carter Administration was forced | |
by Congress to do so in order to pass the CSRA, although all bargaining was placed | |
under OPM review. | |
The CSRA was able to maintain strong management rights for the OPM and | |
agencies and forbade collective bargaining on pay and benefits as well as management prerogatives. Over time, OPM, FLRA, and agencies’ personnel offices and | |
courts, especially in Democratic Administrations, narrowed management rights | |
so that labor bargaining expanded as management rights contracted. But the management rights are still in statute, have been enforced by some Administrations, | |
and should be enforced again by any future OPM and agency managements, which | |
should not be intimidated by union power. | |
Rather than being daunted, President Trump issued three executive orders: | |
| |
Mandate for Leadership: The Conservative Promise | |
All were revoked by the Biden Administration29 and should be reinstated by the | |
next Administration, to include the immediate appointment of the FLRA General | |
Counsel and reactivation of the Impasses Panel. | |
Congress should also consider whether public-sector unions are appropriate | |
in the first place. The bipartisan consensus up until the middle of the 20th century held that these unions were not compatible with constitutional government.30 | |
After more than half a century of experience with public-sector union frustrations | |
of good government management, it is hard to avoid reaching the same conclusion. | |
Fully Staffing the Ranks of Political Appointees. The President must rely | |
legally on his top department and agency officials to run the government and on top | |
White House staff employees to coordinate operations through regular Cabinet and | |
other meetings and communications. Without this political leadership, the career | |
civil service becomes empowered to lead the executive branch without democratic | |
legitimacy. While many obstacles stand in his way, a President is constitutionally | |
and statutorily required to fill the top political positions in the executive branch | |
both to assist him and to provide overall legitimacy. | |
Most Presidents have had some difficulty obtaining congressional approval of | |
their appointees, but this has worsened recently. After the 2016 election, President | |
Trump faced special hostility from the opposition party and the media in getting | |
his appointees confirmed or even considered by the Senate. His early Office of | |
Presidential Personnel (PPO) did not generally remove political appointees from | |
the previous Administration but instead relied mostly on prior political appointees and career civil servants to run the government. Such a reliance on holdovers | |
and bureaucrats led to a lack of agency control and the absolute refusal of the | |
Acting Attorney General from the Obama Administration to obey a direct order | |
from the President. | |
Under the early PPO, the Trump Administration appointed fewer political | |
appointees in its first few months in office than had been appointed in any recent | |
presidency, partly because of historically high partisan congressional obstructions | |
but also because several officials announced that they preferred fewer political | |
appointees in the agencies as a way to cut federal spending. Whatever the reasoning, | |
this had the effect of permanently hampering the rollout of the new President’s | |
agenda. Thus, in those critical early years, much of the government relied on senior | |
careerists and holdover Obama appointees to carry out the sensitive responsibilities that would otherwise belong to the new President’s appointees. | |
Fortunately, the later PPO, OPM, and Senate leadership began to cooperate to | |
build a strong team to implement the President’s personnel appointment agenda. | |
Any new Administration would be wise to learn that it will need a full cadre of | |
sound political appointees from the beginning if it expects to direct this enormous | |
federal bureaucracy. A close relationship between the PPO at the White House | |
and the OPM, coordinating with agency assistant secretaries of administration | |
— 82 — | |
Central Personnel Agencies: Managing the Bureaucracy | |
and PPO’s chosen White House Liaisons and their staff at each agency, is essential | |
to the management of this large, multilevel, resistant, and bureaucratic challenge. | |
If “personnel is policy” is to be our general guide, it would make sense to give the | |
President direct supervision of the bureaucracy with the OPM Director available | |
in his Cabinet. | |
A REFORMED BUREAUCRACY | |
AUTHORS’ NOTE: The authors are grateful for the collaborative work of the individuals listed as contributors to | |
this chapter for the 2025 Presidential Transition Project. The authors alone assume responsibility for the content of | |
this chapter, and no views expressed herein should be attributed to any other individual. | |
— 83 — | |
| |
Today, the federal government’s bureaucracy cannot even meet its own civil | |
service ideals. The merit criteria of ability, knowledge, and skills are no longer the | |
basis for recruitment, selection, or advancement, while pay and benefits for comparable work are substantially above those in the private sector. Retention is not | |
based primarily on performance, and for the most part, inadequate performance | |
is not appraised, corrected, or punished. | |
The authors have made many suggestions here that, if implemented, could | |
bring that bureaucracy more under control and enable it to work more efficiently | |
and responsibly, which is especially required for the half of civilian government | |
that administers its undeniable responsibilities for defense and foreign affairs. | |
While a better administered central bureaucracy is crucial for both those and | |
domestic responsibilities, the problem of properly running the government goes | |
beyond simple bureaucratic administration. The specific deficiencies of the federal bureaucracy—size, levels of organization, inefficiency, expense, and lack of | |
responsiveness to political leadership—are rooted in the progressive ideology that | |
unelected experts can and should be trusted to promote the general welfare in just | |
about every area of social life. | |
The Constitution, however, reserved a few enumerated powers to the federal | |
government while leaving the great majority of domestic activities to state, local, | |
and private governance. As James Madison explained: “The powers reserved to | |
the several States will extend to all the objects, which, in the ordinary course of | |
affairs, concern the lives, liberties and properties of the people; and the internal | |
order, improvement and prosperity of the state.”31 Modern progressive politics | |
has simply given the national government more to do than the complex separation-of-powers Constitution allows. | |
That progressive system has broken down in our time, and the only real solution | |
is for the national government to do less: to decentralize and privatize as much as | |
possible and then ensure that the remaining bureaucracy is managed effectively | |
along the lines of the enduring principles set out in detail here. | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
9. | |
10. | |
11. | |
12. | |
| |
13. | |
14. | |
15. | |
16. | |
17. | |
18. | |
19. | |
U.S. Constitution, Article II, Section 2, https://www.law.cornell.edu/constitution/articleii#section1 (accessed | |
February 1, 2023). | |
5 U.S. Code §§ 1101 et seq. and 1103(a)(5), https://www.law.cornell.edu/uscode/text/5/part-II/chapter-11 | |
(accessed February 1, 2023). | |
5 U.S. Code § 1201, https://www.law.cornell.edu/uscode/text/5/1201 (accessed February 1, 2023). | |
5 U.S. Code § 7101, https://www.law.cornell.edu/uscode/text/5/7101 (accessed February 1, 2023), and § 7117, | |
https://www.law.cornell.edu/uscode/text/5/7117 (accessed February 1, 2023). | |
S. 1871, An Act to Prevent Pernicious Political Activities, Public Law No. 76-252, August 2, 1939, https:// | |
govtrackus.s3.amazonaws.com/legislink/pdf/stat/53/STATUTE-53-Pg1147.pdf (accessed February 1, 2023). | |
H.R. 995, Uniformed Services Employment and Reemployment Rights Act of 1994, Public Law No. 103-353, | |
101st Congress, October 13, 1994, https://www.congress.gov/103/statute/STATUTE-108/STATUTE-108-Pg3149. | |
pdf (accessed February 1, 2023). | |
5 U.S. Code § 1206, https://www.law.cornell.edu/uscode/text/5/1206 (accessed February 1, 2023). | |
42 U.S. Code § 2000e, https://www.law.cornell.edu/uscode/text/42/2000e (accessed February 1, 2023). | |
40 U.S. Code § 581, https://www.law.cornell.edu/uscode/text/40/581 (accessed February 1, 2023). | |
U.S. National Archives, “Milestone Documents: Pendleton Act (1883),” last reviewed February 8, 2022, https:// | |
www.archives.gov/milestone-documents/pendleton-act (accessed February 2, 2023). | |
S. 2640, Civil Service Reform Act of 1978, Public Law No. 95-454, 95th Congress, October 13, 1978, https:// | |
www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1111.pdf (accessed February 2, 2023). | |
Donovan Sack and Bill Theobald, “Veterans Affairs Pays $140 Million in Bonuses Amid Scandals,” USA Today, | |
November 11, 2015, https://www.usatoday.com/story/news/politics/2015/11/11/veterans-affairs-pays-142million-bonuses-amid-scandals/75537586/ (accessed March 15, 2023). | |
U.S. Government Accountability Office, “Federal Workforce: Distribution of Performance Ratings Across | |
the Federal Government, 2013,” GAO-16-520R, May 9, 2016, https://www.gao.gov/assets/gao-16-520r.pdf | |
(accessed March 15, 2023); U.S. Government Accountability Office, Results-Oriented Management: OPM Needs | |
to Do More to Ensure Meaningful Distinctions Are Made in SES Ratings and Performance Awards, GAO-15189, January 2015, https://www.gao.gov/assets/gao-15-189.pdf (accessed March 15, 2023); U.S. Government | |
Accountability Office, “Measuring Federal Employee Performance,” WatchBlog, posted October 18, 2016, | |
https://www.gao.gov/blog/2016/10/18/measuring-federal-employee-performance (accessed March 15, 2023); | |
Lisa Rein, “The Federal Workforce, Where Everyone’s Performance Gets Rave Reviews,” The Washington Post, | |
June 13, 2016, https://www.washingtonpost.com/news/powerpost/wp/2016/06/13/heres-the-news-from-thefederal-government-where-everyone-is-above-average-way-above/ (accessed March 15, 2023). | |
Ludwig von Mises, Bureaucracy (New Haven, CT: Yale University Press, 1944), https://ia902300.us.archive. | |
org/17/items/mises-pdfs/1944-01-01_LudwigVonMises_Bureaucracy.pdf (accessed February 2, 2023). | |
Figure 1, “Permanent, Non-Senior Executive Service Employee Performance Rating Outcomes (All Rating | |
Systems, Calendar Year 2013),” in U.S. Government Accountability Office, “Federal Workforce: Distribution of | |
Performance Ratings Across the Federal Government, 2013,” p. 6. | |
President Donald J. Trump, Executive Order 13839, “Promoting Accountability and Streamlining Removal | |
Procedures Consistent with Merit System Principles,” May 25, 2018, in Federal Register, Vol. 83, No. 106 (June 1, | |
2018), pp. 25343–25347, https://www.govinfo.gov/content/pkg/FR-2018-06-01/pdf/2018-11939.pdf (accessed | |
February 2, 2023). | |
President Joseph R. Biden Jr., Executive Order 14003, “Protecting the Federal Workforce,” January 22, 2021, in | |
Federal Register, Vol. 86, No. 16 (January 27, 2021), pp. 7231–7233, https://www.govinfo.gov/content/pkg/FR2021-01-27/pdf/2021-01924.pdf (accessed February 2, 2023). | |
Rachel Greszler and James Sherk, “Why It Is Time to Reform Compensation for Federal Employees,” The | |
Heritage Foundation, July 27, 2016, https://www.heritage.org/jobs-and-labor/report/why-it-time-reformcompensation-federal-employees. | |
Andrew G. Biggs and Jason Richwine, “Comparing Federal and Private Sector Compensation,” American | |
Enterprise Institute Working Paper No. 2011-02, revised June 2011, https://www.aei.org/wp-content/ | |
uploads/2011/10/AEI-Working-Paper-on-Federal-Pay-May-2011.pdf?x91208 (accessed February 2, 2023). | |
— 84 — | |
Central Personnel Agencies: Managing the Bureaucracy | |
— 85 — | |
| |
20. See Gene L. Dodaro, Comptroller General of the United States, “Government Efficiency and Effectiveness: | |
Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions in Financial Benefits,” | |
testimony before the Subcommittee on Emerging Threats and Spending Oversight, Committee on Homeland | |
Security and Governmental Affairs, U.S. Senate, GAO-21-544T, May 12, 2021, https://www.gao.gov/assets/gao21-544t.pdf (accessed February 2, 2023). | |
21. S. 20, Government Performance and Results Act of 1993, Public Law No. 103-62, 103rd Congress, August | |
3, 1993, https://www.congress.gov/103/statute/STATUTE-107/STATUTE-107-Pg285.pdf (accessed | |
February 2, 2023). | |
22. Paul Light, “The Real Crisis in Government,” The Capital Times (Madison, Wisconsin), January 22, 2010, https:// | |
captimes.com/news/opinion/column/paul-c-light-the-real-crisis-in-government/article_9e139318-3d005898-908d-4c7aee1e105d.html (accessed March 15, 2023). | |
23. U.S. Constitution, Article II, Section 3, https://www.law.cornell.edu/constitution/articleii#section3 (accessed | |
February 2, 2023). | |
24. President Donald J. Trump, Executive Order 13957, “Creating Schedule F in the Excepted Service,” October 21, | |
2020, in Federal Register, Vol. 85, No. 207 (October 26, 2020), pp. 67631–67635, https://www.govinfo.gov/ | |
content/pkg/FR-2020-10-26/pdf/2020-23780.pdf (accessed February 2, 2023). | |
25. See note 17, supra. | |
26. President Donald J. Trump, Executive Order 13836, “Developing Efficient, Effective, and Cost-Reducing | |
Approaches to Federal Sector Collective Bargaining,” May 25, 2018, in Federal Register, Vol. 83, No. 106 (June 1, | |
2018), pp. 25329–25334, https://www.govinfo.gov/content/pkg/FR-2018-06-01/pdf/2018-11913.pdf (accessed | |
February 2, 2023). | |
27. President Donald J. Trump, Executive Order 13837, “Ensuring Transparency, Accountability, and Efficiency | |
in Taxpayer-Funded Union Time Use,” May 25, 2018, in Federal Register, Vol. 83, No. 106 (June 1, 2018), | |
pp. 25335–25340, https://www.govinfo.gov/content/pkg/FR-2018-06-01/pdf/2018-11916.pdf (accessed | |
February 2, 2023). | |
28. See note 16, supra. | |
29. See note 17, supra. | |
30. Philip K. Howard, Not Accountable: Rethinking the Constitutionality of Public Employee Unions (Garden City, | |
NY: Rodin Books, 2023). | |
31. James Madison, The Federalist Papers No. 45, January 26, 1788, https://founders.archives.gov/documents/ | |
Madison/01-10-02-0254 (accessed February 1, 2023). | |
| |
Section Two | |
THE COMMON DEFENSE | |
— 87 — | |
| |
W | |
hile the lives of Americans are affected in noteworthy ways, for better or | |
worse, | |
| |
by each part of the executive branch, the inherent importance of | |
national | |
| |
defense and foreign affairs makes the Departments of Defense | |
and State first among equals. Originating in the George Washington Administration, the War Department (as it was then known) was headed by Henry Knox, | |
America’s chief artillery officer in the Revolutionary War; Thomas Jefferson, the | |
primary author of the Declaration of Independence, was the first Secretary of State. | |
Despite such long and storied histories, neither department is currently living up | |
to its standards, and the success of the next presidency will be determined in part | |
by whether they can be significantly improved in short order. | |
“Ever since our Founding,” former acting secretary of defense Christopher Miller | |
writes in Chapter 4, “Americans have understood that the surest way to avoid war is | |
to be prepared for it in peace.” Yet the Department of Defense “is a deeply troubled | |
institution.” It has emphasized leftist politics over military readiness, “Recruiting | |
was the worst in 2022 that it has been in two generations,” and “the Biden Administration’s profoundly unserious equity agenda and vaccine mandates have taken a | |
serious toll.” Additionally, Miller writes that “the atrophy of our defense industrial | |
base, the impact of sequestration, and effective disarmament by many U.S. allies | |
have exacted a high toll on America’s military.” Moreover, our military has adopted | |
a risk-averse culture—think of masked soldiers, sailors, and airmen—rather than | |
instilling and rewarding courage in thought and action. | |
The good news is that most enlisted personnel, and most officers, especially | |
below the rank of general or admiral, continue to be patriotic defenders of liberty. | |
| |
Mandate for Leadership: The Conservative Promise | |
But this is now Barack Obama’s general officer corps. That is why Russ Vought | |
argues in Chapter 2 that the National Security Council “should rigorously review | |
all general and flag officer promotions to prioritize the core roles and responsibilities of the military over social engineering and non-defense related matters, | |
including climate change, critical race theory, manufactured extremism, and other | |
polarizing policies that weaken our armed forces and discourage our nation’s finest | |
men and women from enlisting.” Ensuring that many of America’s best and brightest continue to choose military service is essential. | |
“By far the most significant danger” to America from abroad, Miller writes, “is | |
China.” That communist regime “is undertaking a historic military buildup,” which | |
“could result in a nuclear force that matches or exceeds America’s own nuclear | |
arsenal.” Resisting Chinese expansionist aims “requires a denial defense” whereby | |
we make “the subordination of Taiwan or other U.S. allies in Asia prohibitively | |
difficult.” However, Miller adds that “[c]ritically, the United States must be able | |
to do this at a level of cost and risk that Americans are willing to bear.” | |
The best gauge of such willingness is congressional approval. Accordingly, we | |
must rediscover and adhere to the Founders’ wise division of war powers, whereby | |
Congress, the most representative and deliberative branch, decides whether to | |
go to war; and the executive, the most energetic and decisive branch, decides how | |
to carry it out once begun. As the past 75 years have repeatedly demonstrated in | |
different ways—from Korea, to Vietnam, to Iraq, to Afghanistan—we depart from | |
our constitutional design at our peril. | |
Miller writes that we “must treat missile defense as a top priority,” ensure that | |
more of our weapons are made in America, reform the budgeting process, and | |
sustain “an efficient and effective counterterrorism enterprise.” Across all of our | |
efforts, we must keep in mind that part of peace through strength is knowing when | |
to fight. As George Washington warned nearly two centuries ago, we must continue to be on guard against being drawn into conflicts that do not justify great | |
loss of American treasure or significant shedding of American blood. At the same | |
time, we must be prepared to defend our interests and meet challenges where and | |
when they arise. | |
An effective diplomatic corps is central to defending our interests and influencing world events. Whereas most military personnel have had leftist priorities | |
imposed from above, the problem at State comes largely from within. Former | |
State Department director of policy planning Kiron Skinner writes in Chapter | |
6, “[L]arge swaths of the State Department’s workforce are left-wing and predisposed to disagree with a conservative President’s policy agenda and vision.” She | |
adds that the department possesses a “belief that it is an independent institution | |
that knows what is best for the United States, sets its own foreign policy, and | |
does not need direction from an elected President”—a view that does not align | |
with the Constitution. | |
— 88 — | |
Section 2: The Common Defense | |
— 89 — | |
| |
The solution to this problem is strong political leadership. Skinner writes, “The | |
next Administration must take swift and decisive steps to reforge the department | |
into a lean and functional diplomatic machine that serves the President and, thereby, | |
the American people.” Because the Senate has been extraordinarily lax in fulfilling | |
its constitutional obligation to confirm presidential appointees, she recommends | |
putting appointees into acting roles until such time as the Senate confirms them. | |
Skinner writes that State should also stop skirting the Constitution’s treaty-making requirements and stop enforcing “agreements” as treaties. It should | |
encourage more trade with allies, particularly with Great Britain, and less with | |
adversaries. And it should implement a “sovereign Mexico” policy, as our neighbor | |
“has functionally lost its sovereignty to muscular criminal cartels that effectively | |
run the country.” In Africa, Skinner writes, the U.S. “should focus on core security, | |
economic, and human rights” rather than impose radical abortion and pro-LGBT | |
initiatives. Divisive symbols such as the rainbow flag or the Black Lives Matter flag | |
have no place next to the Stars and Stripes at our embassies. | |
When it comes to China, Skinner writes that “a policy of ‘compete where we | |
must, but cooperate where we can’…has demonstrably failed.” The People’s Republic of China’s (PRC) “aggressive behavior,” she writes, “can only be curbed through | |
external pressure.” Efforts to protect or excuse China must stop. She observes, | |
“[M]any were quick to dismiss even the possibility that COVID escaped from a | |
Chinese research laboratory.” Meanwhile, Skinner writes, “[g]lobal leaders including President Joe Biden…have tried to normalize or even laud Chinese behavior.” | |
She adds, “In some cases, these voices, like global corporate giants BlackRock and | |
Disney”—or the National Basketball Association (NBA)—“directly benefit from | |
doing business with Beijing.” | |
Former vice president of the U.S. Agency for Global Media Mora Namdar writes | |
in Chapter 8 that we need to have people working for USAGM who actually believe | |
in America, rather than allowing the agencies to function as anti-American, taxpayer-funded entities that parrot our adversaries’ propaganda and talking points. | |
Former acting deputy secretary of homeland security Ken Cuccinelli says in Chapter 5 that the Department of Homeland Security (DHS), a creation of the George | |
W. Bush era, should be closed, as it has added needless additional bureaucracy and | |
expense without corresponding benefit. He recommends that it be replaced with | |
a new “stand-alone border and immigration agency at the Cabinet level” and that | |
the remaining parts of DHS be distributed among other departments. | |
Former chief of staff for the director of National Intelligence Dustin Carmack | |
writes in Chapter 7 that the U.S. Intelligence Community is too inclined to look | |
in the rearview mirror, engage in “groupthink,” and employ an “overly cautious” | |
approach aimed at personal approval rather than at offering the most accurate, | |
unvarnished intelligence for the benefit of the country. And in Chapter 9, former | |
acting deputy administrator of the U.S. Agency for International Development Max | |
Mandate for Leadership: The Conservative Promise | |
| |
Primorac asserts that the United States Agency for International Development | |
(USAID) must be reformed, writing, “The Biden Administration has deformed the | |
agency by treating it as a global platform to pursue overseas a divisive political and | |
cultural agenda that promotes abortion, climate extremism, gender radicalism, | |
and interventions against perceived systematic racism.” | |
If the recommendations in the following chapters are adopted, what Skinner | |
says about the State Department could be true for other parts of the federal government’s national security and foreign policy apparatus: The next conservative | |
President has the opportunity to restructure the making and execution of U.S. | |
defense and foreign policy and reset the nation’s role in the world. The recommendations outlined in this section provide guidance on how the next President | |
should use the federal government’s vast resources to do just that. | |
— 90 — | |
4 | |
DEPARTMENT OF DEFENSE | |
Christopher Miller | |
— 91 — | |
| |
T | |
he Constitution requires the federal government to “provide for the | |
common defence.”1 It assigns to Congress the authority to “raise and | |
support Armies” and to “provide and maintain a Navy”2 and specifies that the President is “commander in Chief” of America’s armed forces.3 | |
Ever since our Founding, Americans have understood that the surest way to | |
avoid war is to be prepared for it in peace—but when deterrence fails, we must | |
fight and win. | |
The Department of Defense (DOD) is the largest part of our federal government. | |
It has almost 3 million people serving in uniform or a civilian capacity throughout | |
the world and consumes approximately $850 billion annually—more than 50 percent of our government’s discretionary spending. | |
The DOD is also a deeply troubled institution. Historically, the military has | |
been one of America’s most trusted institutions, but years of sustained misuse, a | |
two-tiered culture of accountability that shields senior officers and officials while | |
exposing junior officers and soldiers in the field, wasteful spending, wildly shifting | |
security policies, exceedingly poor discipline in program execution, and (most | |
recently) the Biden Administration’s profoundly unserious equity agenda and | |
vaccine mandates have taken a serious toll. | |
Our disastrous withdrawal from Afghanistan, our impossibly muddled China | |
strategy, the growing involvement of senior military officers in the political arena, | |
and deep confusion about the purpose of our military are clear signals of a disturbing decay and markers of a dangerous decline in our nation’s capabilities and will. | |
Additionally, more than 100,000 Americans die annually in large measure because | |
Mandate for Leadership: The Conservative Promise | |
of illicit narcotics flows—more than four times as many people in one year as we | |
lost in our 20-year war against al-Qaeda. | |
We also are witnessing a transformation in the character of war. The democratization of technology and the collapse of time and space require dramatic, | |
thoughtful changes in how we defend, deter, and fight. As with any huge bureaucracy—and the DOD is one of the world’s largest—breaking the status quo requires | |
leadership and endurance. Technology is critical to maintaining our warfighting | |
primacy, but we must be leery of the siren song that technology alone can protect | |
us. More important is how new technologies are developed, tested, procured, and | |
used, and that relies on the true competitive advantages of our people: ingenuity, | |
common sense, and thoughtfulness grounded in a free society. Because war will | |
continue to be the most stressful and consequential human endeavor, the most | |
powerful weapon systems will remain the six inches between the ears of our citizens and the strength of their hearts and content of their souls. | |
Military service is the most difficult task we ask of our citizens, and our nation is | |
enormously blessed that so many young, patriotic Americans eagerly volunteer to | |
carry such a heavy burden. We owe them everything, and we must do better. To do | |
better, however, means recognizing and implementing four overriding priorities: | |
| |
l | |
l | |
l | |
l | |
Priority No. 1: Reestablish a culture of command accountability, | |
nonpoliticization, and warfighting focus. | |
Priority No. 2: Transform our armed forces for maximum effectiveness in | |
an era of great-power competition. | |
Priority No. 3: Provide necessary support to Department of Homeland | |
Security (DHS) border protection operations. Border protection is a | |
national security issue that requires sustained attention and effort by all | |
elements of the executive branch. | |
Priority No. 4: Demand financial transparency and accountability. | |
This chapter offers recommendations for improving our armed forces and the | |
civilian organizations that support and oversee them. | |
DOD POLICY | |
By far the most significant danger to Americans’ security, freedoms, and prosperity is China. China is by any measure the most powerful state in the world other | |
than the United States itself. It apparently aspires to dominate Asia and then, from | |
that position, become globally preeminent. If Beijing could achieve this goal, it | |
could dramatically undermine America’s core interests, including by restricting | |
— 92 — | |
Department of Defense | |
Needed Reforms | |
l | |
Prioritize a denial defense against China. U.S. defense planning should | |
focus on China and, in particular, the effective denial defense of Taiwan. | |
— 93 — | |
| |
U.S. access to the world’s most important market. Preventing this from happening | |
must be the top priority for American foreign and defense policy. | |
Beijing presents a challenge to American interests across the domains of | |
national power, but the military threat that it poses is especially acute and significant. China is undertaking a historic military buildup that includes increasing | |
capability for power projection not only in its own region, but also far beyond as | |
well as a dramatic expansion of its nuclear forces that could result in a nuclear | |
force that matches or exceeds America’s own nuclear arsenal. | |
The most severe immediate threat that Beijing’s military poses, however, is to | |
Taiwan and other U.S. allies along the first island chain in the Western Pacific. If | |
China could subordinate Taiwan or allies like the Philippines, South Korea, and | |
Japan, it could break apart any balancing coalition that is designed to prevent Beijing’s hegemony over Asia. Accordingly, the United States must ensure that China | |
does not succeed. This requires a denial defense: the ability to make the subordination of Taiwan or other U.S. allies in Asia prohibitively difficult. Critically, the | |
United States must be able to do this at a level of cost and risk that Americans are | |
willing to bear given the relative importance of Taiwan to China and to the U.S. | |
The United States and its allies also face real threats from Russia, as evidenced | |
by Vladimir Putin’s brutal war in Ukraine, as well as from Iran, North Korea, and | |
transnational terrorism at a time when decades of ill-advised military operations | |
in the Greater Middle East, the atrophy of our defense industrial base, the impact | |
of sequestration, and effective disarmament by many U.S. allies have exacted a | |
high toll on America’s military. | |
This is a grim landscape. The United States needs to deal with these threats | |
forthrightly and with strength, but it also needs to be realistic. It cannot wish away | |
these problems. Rather, it must confront them with a clear-eyed recognition of the | |
need for choice, discipline, and adequate resources for defense. | |
In this light, U.S. defense strategy must identify China unequivocally as the | |
top priority for U.S. defense planning while modernizing and expanding the | |
U.S. nuclear arsenal and sustaining an efficient and effective counterterrorism | |
enterprise. U.S. allies must also step up, with some joining the United States in | |
taking on China in Asia while others take more of a lead in dealing with threats | |
from Russia in Europe, Iran, the Middle East, and North Korea. The reality is | |
that achieving these goals will require more spending on defense, both by the | |
United States and by its allies, as well as active support for reindustrialization | |
and more support for allies’ productive capacity so that we can scale our freeworld efforts together. | |
Mandate for Leadership: The Conservative Promise | |
This focus and priority for U.S. defense activities will deny China the first | |
island chain. | |
1. | |
Require that all U.S. defense efforts, from force planning to employment | |
and posture, focus on ensuring the ability of American forces to prevail | |
in the pacing scenario and deny China a fait accompli against Taiwan. | |
2. Prioritize the U.S. conventional force planning construct to defeat | |
a Chinese invasion of Taiwan before allocating resources to other | |
missions, such as simultaneously fighting another conflict. | |
l | |
Increase allied conventional defense burden-sharing. U.S. allies must | |
take far greater responsibility for their conventional defense. U.S. allies | |
must play their part not only in dealing with China, but also in dealing with | |
threats from Russia, Iran, and North Korea. | |
1. | |
Make burden-sharing a central part of U.S. defense strategy with the | |
United States not just helping allies to step up, but strongly encouraging | |
them to do so. | |
| |
2. Support greater spending and collaboration by Taiwan and allies | |
in the Asia–Pacific like Japan and Australia to create a collective | |
defense model. | |
3. Transform NATO so that U.S. allies are capable of fielding the great | |
majority of the conventional forces required to deter Russia while | |
relying on the United States primarily for our nuclear deterrent, and | |
select other capabilities while reducing the U.S. force posture in Europe. | |
4. | |
Sustain support for Israel even as America empowers Gulf partners to | |
take responsibility for their own coastal, air, and missile defenses both | |
individually and working collectively. | |
5. Enable South Korea to take the lead in its conventional defense against | |
North Korea. | |
l | |
Implement nuclear modernization and expansion. The United States | |
manifestly needs to modernize, adapt, and expand its nuclear arsenal. | |
Russia maintains and is actively brandishing a very large nuclear arsenal, | |
but China is also undertaking a historic nuclear breakout. | |
— 94 — | |
Department of Defense | |
1. | |
Expand and modernize the U.S. nuclear force so that it has the size, | |
sophistication, and tailoring to deter Russia and China simultaneously. | |
2. Develop a nuclear arsenal with the size, sophistication, and tailoring— | |
including new capabilities at the theater level—to ensure that | |
there is no circumstance in which America is exposed to serious | |
nuclear coercion. | |
l | |
Increase allied counterterrorist burden-sharing. Transnational | |
terrorism remains a threat to Americans even as we pivot toward Asia. | |
1. | |
Sustain the military forces needed to deter, prevent, and combat | |
terrorism, but at a sustainable cost in concert with other elements of | |
national power and partner efforts. | |
2. Prioritize enhancing the capability of allies and partners to take the lead | |
in combating terrorism in their regions. | |
DOD ACQUISITION AND SUSTAINMENT (A&S) | |
Needed Reforms | |
l | |
Reform the planning, programming, budgeting, and execution | |
(PPBE) process. | |
1. | |
Enhance funding and authority for DOD mission-focused innovation | |
organizations and away from program-specific stovepipes that, | |
planned for and designed two or three years earlier, may no longer be | |
— 95 — | |
| |
The DOD’s ability to acquire and field new and existing technologies is essential | |
to the ability of America’s military personnel to fight and win our nation’s wars. | |
To succeed in this endeavor, we must optimize the systems and personnel that | |
the department uses, but the inflexible bureaucratic structure and risk-adverse | |
culture that have developed over the decades make it difficult to provide the tools | |
that warfighters need at the speed of relevance. | |
The number one problem is the DOD budgeting process (instituted in 1961) | |
that requires acquisition spending to be locked years in advance. Because technologies change so rapidly and requirements can change overnight, this creates | |
situations in which military personnel not only go to war with outdated technology, but also may be fighting with equipment that is less capable than that of their | |
competitors. America owes its military many things, and the most important is | |
the resources they need to survive on the battlefield and carry out the tasks we | |
ask of them. | |
Mandate for Leadership: The Conservative Promise | |
relevant. This allows the acquisition community to focus on portfolio | |
management and move money around more easily instead of being | |
locked into inflexible, multiyear procurement cycles. | |
2. The President should examine the recommendations of the | |
congressionally mandated Commission on Planning, Programming, | |
Budgeting, and Execution Reform4 and develop a strategy for | |
implementing those that the Administration considers to be in the best | |
interests of the American people. The commission’s final report is due | |
on September 1, 2023. | |
3. Develop legislation or other means of providing funding outside the | |
traditional PPBE process for the prototyping and experimentation of | |
emerging technologies that are deemed essential to modernization and | |
future conflict. Consider creating a “fast track” for projects that satisfy | |
the most pressing national security needs. | |
| |
4. Require the Under Secretary of Defense for Acquisition and | |
Sustainment, the Under Secretary for Research and Engineering, | |
and all service secretaries to conduct “Night Court” and use existing | |
authorities to terminate outdated or underperforming programs | |
so that money can be used for what works and will work. Require | |
the Under Secretaries and service secretaries to brief the Secretary | |
annually on the results. | |
5. Require the Office of the Secretary of Defense to research and report | |
on the acquisition processes used by America’s adversaries to improve | |
our understanding of how they are often able to innovate and field new | |
technologies on a faster timeline. | |
l | |
Strengthen America’s defense industrial base. | |
1. | |
Replenish and maintain U.S. stockpiles of ammunition and other | |
equipment that have been depleted as a result of U.S. support to Ukraine. | |
This will strengthen the defense industry supply chain and ensure that | |
adequate inventory exists if it is needed for a future conflict. | |
2. Collaborate with industry to develop a prioritized list of reforms that | |
the DOD and Congress can enact and implement to incentivize industry | |
to help America’s military innovate and field needed capabilities. | |
— 96 — | |
Department of Defense | |
3. Strengthen the ability of acquisition authorities to engage in multiyear | |
procurements and block buys. This will improve private-sector rates of | |
return, thereby incentivizing defense contractors to partner with the | |
government. It will also reduce government overhead by reducing the | |
number of procurement competitions. | |
4. Prioritize the U.S. and allies under the “domestic end product” | |
and “domestic components” requirements of the Build America, | |
Buy America Act.5 Currently, defense companies are required to | |
manufacture defense items for the U.S. government that are 100 | |
percent domestically produced and at least 50 percent composed of | |
domestically produced components. However, there are loopholes that | |
allow companies to manufacture these items overseas. This can create | |
supply chain and other issues, especially in wartime. Manufacturing | |
components and end products domestically and with allies spurs | |
factory development, increases American jobs, and builds resilience in | |
America’s defense industrial base. | |
6. Help small businesses to become medium-size and large vendors, which | |
encourages a more resilient industrial base and fosters competition. | |
Encourage and plan for durable supply chains for small businesses | |
so they also have commercial/private-sector customers and are not | |
solely dependent on defense orders, which can be highly specialized, | |
expensive, and irregular. | |
7. | |
l | |
Increase external engagement among small businesses to inform them | |
of DOD’s needs and how they could work with DOD to meet national | |
security priorities. | |
Optimize the DOD acquisition community. | |
1. | |
Create incentives to emphasize speed and agility in decision-making | |
for prototyping and program-of-record starts and terminations. | |
Most bureaucrats would rather follow a checklist and fail than go | |
outside the procedures and win because failure means negative | |
— 97 — | |
| |
5. Review the sectors currently prioritized for onshoring or | |
“friendshoring” of manufacturing (kinetic capabilities, castings and | |
forgings, critical materials, microelectronics, space, and electric vehicle | |
batteries); evaluate them according to the strategic landscape; and | |
expand or reprioritize the list as appropriate. | |
Mandate for Leadership: The Conservative Promise | |
career repercussions. Senior acquisition leaders should design a | |
system that allows decision-makers to stay within the law but bypass | |
unnecessary departmental regulations that are not in the best interest | |
of the government and hamper the acquisition of capabilities that | |
warfighters require. | |
| |
2. The Under Secretary of Defense for Acquisition and Sustainment, | |
Under Secretary for Research and Engineering, and all service | |
secretaries should assess their acquisition workforces; determine what | |
additional personnel, resources, and training they need; and develop | |
implementation plans. The goal is to develop, prototype, acquire, and | |
field required capabilities at the speed of relevance to meet America’s | |
pacing threats and maintain a warfighting advantage. | |
3. Decentralize Defense Acquisition University (DAU) offerings and | |
expand the DAU mission to include accreditation of non-DOD | |
institutions. The critical shortage of trained and certified acquisition | |
personnel must be addressed with urgency in order to support DOD | |
mission objectives and goals. With the rapid evolution of training and | |
educational technologies, including remote and virtual practices, there | |
is no reason for DAU to maintain a monopoly on the knowledge and | |
certification that are required to perform as acquisition professionals. | |
Further, the cost to private contractors and non-DOD civilians who | |
aspire to such a role limits the supply of trained and certified candidates. | |
DAU has become an unnecessary barrier to entry in a career field that is | |
vital to the DOD mission. | |
DOD RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (RDT&E) | |
The FY 2017 National Defense Authorization Act established the position of | |
Under Secretary of Defense for Research and Engineering and assigned broad | |
responsibility for “all defense research and engineering, technology development, technology transition, prototyping, experimentation, and developmental | |
testing activities and programs, including the allocation of resources for defense | |
research and engineering, and unifying defense research and engineering efforts | |
across the Department,” to the new Under Secretary, who also was tasked with | |
“serving as the principal advisor to the Secretary on all research, engineering, | |
and technology development activities and programs in the Department.” 6 This | |
led to the single largest DOD structural change since the Goldwater–Nichols | |
act of 19867 and was organized effectively during President Donald Trump’s | |
Administration. | |
— 98 — | |
Department of Defense | |
Needed Reforms | |
l | |
Champion, engage, and focus the American innovation ecosystem. | |
To maintain leadership in the era of great-power competition and | |
succeed against our adversaries, a key DOD effort must be the creation | |
of mechanisms and processes to embrace America’s most significant | |
competitive advantage: innovation. | |
1. | |
Engage and leverage all of America’s scientific, engineering, and hightech production communities to research, develop, prototype, and | |
rapidly deploy advanced technology capabilities on a continuing basis to | |
preserve our warfighting advantage. | |
2. Increase integration and collaboration among the DOD, government labs, | |
and private companies to solve the department’s most difficult problems. | |
3. Reduce the number of critical technology areas from 14 to a more | |
manageable number to concentrate effort and resources on those that | |
bear directly on great-power competition. | |
5. Move toward a much more comprehensive independent risk-reduction | |
approach to increase understanding of the technical risks by drawing | |
on the expertise in DOD laboratories and agencies to help acquisition | |
programs succeed. | |
l | |
Improve the rapid deployment of technology to the battlefield. | |
America’s military advantage has derived from the professionalism of our | |
servicemembers and our ability to manifest our technological advantage | |
in battlefield capability. The current era of great-power competition will | |
continue for the foreseeable future, and technology will be the currency of | |
competition. Our ability to prevail will rest on our ability to develop new | |
technologies and move them onto the battlefield more rapidly than our | |
adversaries can. | |
1. | |
Accelerate the prototyping cycle to meet immediate battlefield needs. | |
2. Require tighter integration with user communities to provide value. | |
— 99 — | |
| |
4. Rebuild RDT&E infrastructure that resides in Cold War–era facilities | |
and is not well-suited to the current era of rapid development and | |
testing of advanced technology and concepts to the maturity level | |
necessary for acquisition and operational fielding. | |
Mandate for Leadership: The Conservative Promise | |
3. Establish a pipeline of near-term, mid-term, and long-term technology | |
that is aimed at great-power competition (China) and can be matured, | |
prototyped, and evaluated to support major acquisitions (the ability to | |
produce at scale) to break the cycle of schedule delays and cost overruns | |
from underdeveloped and poorly understood technologies. | |
l | |
Develop a framework to protect the RDT&E enterprise from foreign | |
exploitation. Strategic competition and adaptive adversaries require new | |
thinking about how to protect technology. China has been relentless in | |
stealing U.S. technology, using the full range of measures from influence | |
operations to outright theft. This has been a major factor in its ability to | |
close the gap and in some cases to exceed U.S. capabilities. | |
1. | |
Implement a comprehensive approach to preserving U.S. technological | |
leadership that is based on outpacing our adversaries; clear about what we | |
need to protect; tailored to various specific sectors (for example, academia, | |
the defense industrial base, and laboratories); and underpinned with a full | |
range of consequences for attempted or actual theft. | |
| |
DOD FOREIGN MILITARY SALES | |
The United States must regain its role as the “Arsenal of Democracy.” In fiscal | |
year (FY) 2021, U.S. government foreign military sales (FMS) nosedived to a low of | |
$34.8 billion from a record high of $55.7 billion in FY 2018.8 This decrease hinders | |
interoperability with partners and allies, decreases defense industrial base capacity, and increases the taxpayer burden on the U.S. military’s own procurements. | |
Under previous Administrations, the United States built its reputation as a reliable | |
partner with a strong defense industrial base that could supply military articles | |
and goods in a timely manner. Today’s FMS process is encumbered by byzantine | |
bureaucracy, long contracting times, high costs, and mundane technology. | |
The United States can change this downward trajectory by improving internal processes that incentivize partners and allies to procure U.S. defense systems, | |
thereby expanding our “defense ecosystem.” We must reverse the recent dip in | |
FMS to ensure both that our partners remain interoperable with the United States | |
and that our defense industrial base regains much-needed capacity in preparation | |
for future challenges. | |
Needed Reforms | |
l | |
Emphasize exportability with U.S. procurements. The record-low | |
FMS sales in 2021 were driven partly by the high costs of converting | |
weapon systems on the back end of production rather than emphasizing | |
exportability in initial capability planning. | |
— 100 — | |
Department of Defense | |
1. | |
Ensure that senior U.S. military leadership emphasizes exportability in | |
the initial development of defense systems that are both available and | |
interoperable with our partners and allies. | |
2. Create a funding mechanism to incentivize exportability in initial | |
planning, which can be recouped after future FMS transactions. | |
l | |
End informal congressional notification. Informal congressional | |
notification or “tiered review” is a hinderance to ensuring timely sales to | |
our global partners. The tiered review process is not codified in law; it is | |
merely a practice by which the Department of State provides a preview of | |
prospective arms transfers before Congress is formally notified.9 | |
1. | |
End the tiered review process to eliminate at least 20 days from the | |
FMS process. | |
2. Use the tiered review process only when unanimous congressional | |
support is guaranteed in order to eliminate the “weaponization” by | |
select Members of Congress that has prevented billions of dollars of | |
arms sales from moving into formal congressional notification. | |
| |
l | |
Minimize barriers to collaboration. The high cost of developing | |
advanced defense platforms requires the United States to collaborate with | |
key allies to minimize waste, complement strengths, and supplement our | |
defense industrial base to create a system that is greater than that of the | |
United States alone. | |
1. | |
Enhance defense industrial base planning with partners to allow | |
them to focus on niche areas where there are cost advantages for the | |
United States. | |
2. Decrease International Traffic in Arms Regulations (ITAR) to facilitate | |
trade with such allies as the United Kingdom, Canada, and Australia. | |
3. Create opportunities to improve the health of the defense supply chain | |
with added opportunities for partners and allies to contribute. | |
l | |
Reform the FMS contracting process. The contracting timeline for the | |
FMS process is shockingly slow. On average, the DOD contracting timeline | |
takes approximately 18 months because of slow bureaucratic processes and | |
chronic understaffing.10 | |
— 101 — | |
Mandate for Leadership: The Conservative Promise | |
1. | |
Immediately fund more contracting capacity in all services to decrease | |
the contracting timeline and improve the delivery of defense articles to | |
our global partners. | |
2. Rationalize and speed arms sales decision-making to preclude our | |
enemies from exploiting bureaucratic slothfulness and allow us to | |
manage the development of indigenous defense industrial bases. | |
| |
DOD PERSONNEL | |
The men and women of America’s armed forces are the most critical component | |
of our national defense strategy, but in recent years, they have been overextended, | |
undervalued, and insufficiently resourced. Their families help them to carry the | |
burden of service, but the assistance they receive is disproportionately less than | |
the sacrifices they make. Young civilians who would thrive in a military environment are disenfranchised when educators and influencers discourage them from | |
learning about military service and preparing for the honor of wearing America’s uniform. | |
The United States military is an extraordinary institution, staffed by exceptional | |
people who have defended our nation and changed the course of history, but the | |
Biden Administration, through word and deed, has treated the armed forces as just | |
another place to work. We must restore our military to a place of honor and respect | |
and recruit and retain the individuals who will meet the rigorous standards of | |
excellence that are required for membership in the world’s greatest fighting force. | |
Needed Reforms | |
l | |
Rescue recruiting and retention. Recruiting was the worst in 2022 that it | |
has been in two generations and is expected to be even worse in 2023. Some | |
of the problems are self-inflicted and ongoing. The recruiting problem is not | |
service-specific: It affects the entire Joint Force. | |
1. | |
Appoint a Special Assistant to the President who will maintain liaison | |
with Congress, DOD, and all other interested parties on the issue of | |
recruiting and retention. | |
2. Improve recruiting by suspending the use of the recently introduced | |
MHS Genesis system that uses private medical records of potential | |
recruits at Military Entrance Processing Stations (MEPS), creating | |
unnecessary delays and unwarranted rejections.11 | |
3. Improve military recruiters’ access to secondary schools and require | |
completion of the Armed Services Vocational Aptitude Battery | |
— 102 — | |
Department of Defense | |
(ASVAB)—the military entrance examination—by all students in schools | |
that receive federal funding.12 | |
4. Encourage Members of Congress to provide time to military recruiters | |
during each townhall session in their congressional districts. | |
5. Increase the number of Junior ROTC programs in secondary schools. | |
l | |
l | |
Restore standards of lethality and excellence. Entrance criteria for | |
military service and specific occupational career fields should be based on | |
the needs of those positions. Exceptions for individuals who are already | |
predisposed to require medical treatment (for example, HIV positive | |
or suffering from gender dysphoria) should be removed, and those with | |
gender dysphoria should be expelled from military service. Physical | |
fitness requirements should be based on the occupational field without | |
consideration of gender, race, ethnicity, or orientation. | |
1. | |
Strengthen protections for chaplains to carry out their ministry | |
according to the tenets of their faith. | |
2. Codify language to instruct senior military officers (three and four | |
stars) to make certain that they understand their primary duty | |
to be ensuring the readiness of the armed forces, not pursuing a | |
social engineering agenda. This direction should be reinforced | |
during the Senate confirmation process. Orders and direction | |
motivated by purely partisan motives should be identified as | |
threats to readiness. | |
3. Reinstate servicemembers to active duty who were discharged for | |
not receiving the COVID vaccine, restore their appropriate rank, and | |
provide back pay. | |
4. Eliminate Marxist indoctrination and divisive critical race theory | |
programs and abolish newly established diversity, equity, and inclusion | |
offices and staff. | |
— 103 — | |
| |
Eliminate politicization, reestablish trust and accountability, and | |
restore faith to the force. In 2021, the Reagan National Defense Survey | |
found that only 45 percent of Americans have “a great deal of trust and | |
confidence in the military”—down from 70 percent in 2018.13 | |
Mandate for Leadership: The Conservative Promise | |
5. Restrict the use of social media solely for purposes of recruitment and | |
discipline any armed services personnel who use an official command | |
channel to engage with civilian critics on social media. | |
6. Audit the course offerings at military academies to remove Marxist | |
indoctrination, eliminate tenure for academic professionals, and | |
apply the same rules to instructors that are applied to other DOD | |
contracting personnel. | |
7. | |
l | |
Reverse policies that allow transgender individuals to serve in the | |
military. Gender dysphoria is incompatible with the demands of military | |
service, and the use of public monies for transgender surgeries or to | |
facilitate abortion for servicemembers should be ended. | |
Value the military family. Military service requires extreme sacrifices | |
by families. | |
Support legislation to increase wages and family allowances for activeduty enlisted personnel. No uniformed personnel should ever have to | |
rely on social benefits like as food stamps or public housing assistance. | |
| |
1. | |
2. Improve base housing and consider the military family holistically when | |
considering change-of-station moves. | |
3. Improve spouse employment opportunities and protections, including | |
licensing reform,14 and expand childcare. | |
4. Audit all curricula and health policies in DOD schools for | |
military families, remove all inappropriate materials, and reverse | |
inappropriate policies. | |
5. Support legislation giving education savings account options to | |
military families.15 | |
l | |
Reduce the number of generals. Rank creep is pervasive. The number | |
of 0-6 to 0-9 officers is at an all-time high across the armed services | |
(above World War II levels), and the actual battlefield experience of this | |
officer corps is at an all-time low. The next President should limit the | |
continued advancement of many of the existing cadre, many of whom | |
have been advanced by prior Administrations for reasons other than their | |
warfighting prowess. | |
— 104 — | |
Department of Defense | |
DOD INTELLIGENCE | |
Our national defense establishment must evolve to meet the rapid, profound, and dynamic change in the global landscape, but absent significant effort | |
to evaluate and retool in critical areas—including our intelligence and security | |
portfolios—America’s competitive advantage against rivals and adversaries is at | |
serious risk. However, for any structural changes to succeed, the crisis in our Intelligence Community (IC)/Defense Intelligence Enterprise (DIE) leadership must | |
be addressed.16 | |
The DIE accounts for the bulk of the Intelligence Community’s personnel and a | |
significant portion of its budget. Of the IC’s 17 elements, eight are within DOD,17 two | |
are independent,18 and seven belong to various other departments and agencies.19 | |
Overall, “[t]he DoD provides 86 percent of the personnel who conduct intelligence | |
activities, both military and civilian.”20 | |
The Defense Intelligence Enterprise must deliver accurate, unbiased, and | |
timely insights consistently and with clarity, objectivity, and independence. If they | |
continue on their current path, however, both the DIE and the Intelligence Community writ large will continue to provide inaccurate and politicized intelligence | |
assessments that mislead policymakers. | |
Needed Reforms | |
Improve the intelligence process. Defense intelligence assets have been | |
committed to the prosecution of operational campaigns since September 11, | |
2001, at the expense of our strategic objectives, and this has led to increased | |
risk.21 Further, the DIE has evolved into a “customer-based” model with | |
the DIE/IC trying to be supportive of policy direction at the expense | |
of analytical integrity. The result has been a significant politicization of | |
intelligence. | |
1. | |
Establish unbiased intelligence reporting from DIE/IC senior leaders. | |
As the leader of the DIE, the Under Secretary of Defense for Intelligence | |
and Security should provide a top-line, dissenting, or clarifying view of | |
DIE and IC assessments as needed. | |
2. Align collection and analysis with vital national interests (countering | |
China and Russia). | |
3. Establish an effective global federated intelligence framework | |
with allies and partners and our Combatant Commands. Avoid the | |
temptation to neglect areas that appear less pertinent but that support | |
a convergence of threats and the critical requirements to sustain | |
those threats. | |
— 105 — | |
| |
l | |
Mandate for Leadership: The Conservative Promise | |
4. Establish and sustain feedback loops to provide insight and direction | |
for continuous improvement and accountability.22 We must revisit | |
our assessments and understand where we got it right and where we | |
got it wrong. | |
5. Better exploit publicly available information (PAI) data and foster | |
innovation to improve collection and analysis. We must end the practice | |
of multiple DIE organizations paying to acquire the same PAI data and | |
invest more in machine learning (ML) and artificial intelligence (AI) to | |
exploit open-source and classified intelligence data. | |
6. Remove policy obstacles that impede available technical solutions | |
and tailored approaches in order to preclude corruption at the point | |
of collection. | |
| |
7. | |
l | |
Develop statistical discrimination techniques based on relative value | |
to deal with the volume and velocity of available data and information, | |
which are rapidly exceeding our ability to exploit and analyze available | |
data and information efficiently. | |
Expand the integration of intelligence activities. The prevalence of | |
asymmetric warfare requires Defense Intelligence to leverage the unique | |
authorities and capabilities of U.S. departments and agencies, as well as our | |
partners and allies, to competitive advantage. | |
1. | |
Create an improved cyber defense and capability. We must reevaluate | |
the dual-hat structure between the National Security Agency (NSA) and | |
U.S. Cyber Command (USCYBERCOM). | |
2. Resurrect economic analysis capability to improve our ability to counter | |
Chinese whole-of-government strategies that combine security with | |
predatory economic objectives. | |
3. Resurrect critical thinking to provide true strategic intelligence that will | |
enable the U.S. to counter global adversaries and emerging technologies | |
(such as adversary advances in hypersonics, Unmanned Aerial Systems | |
(UAS), cyber domain, advanced fighter aircraft, and advanced undersea | |
capabilities) more effectively. | |
4. Rebuild human intelligence (HUMINT) and counterintelligence (CI) and | |
improve their integration with defensive and offensive cyber operations. | |
— 106 — | |
Department of Defense | |
5. Establish true alignment between DOD and DHS both to improve the | |
defense of critical U.S. infrastructure and national border integrity | |
and to develop vital information that enables defense against foreign | |
targeted disruptions.23 | |
l | |
Restore accountability and public trust. In recent years, public trust in | |
Defense Intelligence has been eroded by, for example, flawed assumptions | |
leading up to our Afghanistan withdrawal, flawed Russia–Ukraine | |
assessments, divergences in relations with key Gulf allies, and voids being | |
filled by Russia and China around the world. For trust to be restored and | |
sustained, officials must be held accountable. | |
1. | |
2. Elevate the DIE’s voice in national policy discussions, commensurate | |
with the DIE’s 75 percent share of the IC budget. Present defense | |
intelligence to senior policymakers, either independently to | |
avoid all-source bias or in consensus products like the National | |
Intelligence Estimates. | |
l | |
Eliminate peripheral intelligence obligations that do not advance | |
military readiness. In 2019, following the catastrophic 2015 data | |
breach at the U.S. Office of Personnel Management (OPM), the Defense | |
Counterintelligence and Security Agency (DCSA) accepted transfer of the | |
responsibility to conduct security clearance and suitability investigations | |
for 95 percent of the U.S. government’s civilian workforce. This decision, | |
which grew out of an intention to deconstruct OPM, was wrongheaded on | |
many levels and made the federal bureaucracy dependent on a new overlay | |
of DOD bureaucracy, in a sense instilling DOD control of civilian managers. | |
This function should be returned to OPM except for military security | |
clearance investigations. | |
— 107 — | |
| |
Restore DIE critical thinking. Establish mechanisms to restore analytic | |
integrity and return to true intelligence-driven operations. The next | |
Administration should eliminate the conflict of interest in the current | |
customer-based model (in which the customer is always right) by | |
enforcing time-tested procedures that guarantee independent analysis, | |
even if it means challenging policymakers’ assumptions. The Under | |
Secretary of Defense for Intelligence and Security’s leadership role | |
should be expanded to include providing analytic top-line views and | |
improve DIE transparency by highlighting diverging views. | |
Mandate for Leadership: The Conservative Promise | |
U.S. ARMY | |
| |
The U.S. Army’s mission is “[t]o deploy, fight and win our nation’s wars by providing ready, prompt and sustained land dominance by Army forces across the full | |
spectrum of conflict as part of the joint force.”24 Today, however, the Army cannot | |
execute its land dominance mission.25 The U.S. Army is at an inflection point that | |
is marked by more than a decade of steadily eroding budgets and diluted buying | |
power, an appreciable degradation in readiness and training capacity, a near crisis | |
in the recruiting and retention of critical personnel, and a bevy of aging weapons | |
systems that no longer provide a qualitative edge over peer and near-peer competitors but will not be replaced in the near term. | |
All of these challenges are set against the backdrop of a complex and dynamic | |
global geopolitical environment that is exemplified and exacerbated by the triumph | |
of our adversaries in Afghanistan after a 20-year struggle there as well as recent | |
Russian outrages in the Ukraine and China’s bellicosity both on its borders and in | |
surrounding disputed regions. In spite of these ever-increasing operational pulls, our | |
Army is consistently being asked to do more with fewer resources. The status quo | |
is further marked by a pervasive politically driven top-down focus on progressive | |
social policies that emphasize matters like so-called diversity, equity, and inclusion | |
and climate change, often to the detriment of the Army’s core warfighting mission. | |
Needed Reforms | |
l | |
Rebuild the Army. The total Army budget has decreased by roughly 11 | |
percent since 2018, perilously affecting the service’s readiness and ability to | |
train and to procure new personnel and equipment. Declining budgets and | |
decreased buying power have forced the Army to lower training standards | |
and opportunities to train, propose reductions in end strength, slash | |
military construction programs to historically low levels, and scale back | |
essential modernization programs. | |
1. | |
Increase the Army budget to remain the world’s preeminent land power. | |
2. Accelerate the development and procurement of the six current | |
Army modernization priorities (long-range precision fires, the NextGeneration Combat Vehicle, Future Vertical Lift, the Army network, | |
air and missile defense, and soldier lethality) to replace worn out and | |
outdated combat systems and ensure ground combat dominance. | |
3. Increase funding to improve Army training and operational readiness. | |
4. Increase the Army force structure by 50,000 to handle two major | |
regional contingencies simultaneously. | |
— 108 — | |
Department of Defense | |
5. Reform recruiting efforts. The Army missed its 2022 recruitment goal | |
by 25 percent, or 15,000 soldiers. | |
l | |
Focus on deployability and sustained operations. The U.S. Army’s | |
very lethal ground force capability is irrelevant if it cannot quickly deploy | |
to locations for employment in decisive operations to secure our global | |
security interests. Additionally, Army logisticians provide the ground | |
transportation (of both personnel and equipment); fuel, food, and water; | |
munitions (bombs and bullets); medical supplies and services; and | |
veterinary services (food safety) that are critical to sustainment of the | |
other services. | |
1. | |
Immediately increase the production and stockpiling of critical | |
munitions and repair parts. | |
2. Prioritize expeditionary logistics in all force design and operational | |
planning to guarantee entry into a contested theater of war. | |
3. Increase the level of Joint Force training, synchronization, and | |
coordination focused on logistics. | |
| |
4. Prepare to deploy forces from degraded U.S.-based transportation | |
infrastructure that is compromised by opposing forces. | |
l | |
Transform Army culture and training. The Army can no longer serve | |
as the nation’s social testing ground. A rebuilt Army that is focused again | |
on its core warfighting mission and empowered it with the tools, resources, | |
and authorities it needs to accomplish that mission must be the next | |
Administration’s highest defense priority. | |
1. | |
Stop using the Army as a test bed for social evolution. Misusing the | |
Army in this way detracts from its core purpose while doing little to | |
reshape the American social structure. The Army no longer reflects | |
national demographics to the degree that it did before 1974 when the | |
draft was eliminated. | |
2. Demand accountability in senior leaders to reverse the decline in public | |
support for military service. | |
3. Reestablish the experiential base for the planning, execution, and | |
leadership of Army formations in large-scale operations. Currently, | |
— 109 — | |
Mandate for Leadership: The Conservative Promise | |
there are no general or field-grade officers who served as planners or | |
commanders against a near-peer adversary in combat. | |
4. Examine the logic of emerging Army concepts about employing massed | |
long-range fires and effects without considering how to gain advantage | |
by closing with and dominating an adversary on land. | |
5. Recognize that high-intensity land combat operations cannot be | |
sustained through short-term individual or unit rotations in the style of | |
the sustained low-intensity campaigns conducted over the past 20 years. | |
6. Transform how the National Guard is employed during extended | |
operations short of declared war to preclude back-to-back federal and | |
state deployments of National Guard soldiers in order to stabilize and | |
preserve military volunteerism in our communities. | |
| |
7. | |
Revamp Army school curricula to concentrate on preparation for largescale land operations that focus on defeating a peer threat. | |
8. Address the underlying causal issues driving increasing Army suicide | |
rates, which have surpassed pre–World War II rates and are now | |
eclipsing the rate among civilians. | |
U.S. NAVY | |
As noted at the beginning of this chapter, the U.S. Constitution gives Congress | |
the power to “provide and maintain a Navy.” Inherent in this phrase is a recognition | |
that there is a vital national interest in the maritime environment and that this | |
national interest requires sustained planning and investment. This is as true today | |
as it was almost 250 years ago and will remain true into the future. | |
The U.S. Navy (USN) exists for two primary reasons: to project prompt, sustained, and effective combat power globally, both at sea and ashore, and to deter | |
aggression by potential adversaries by maintaining a forward operating presence | |
in conjunction with allies and partners. Today, the People’s Republic of China People’s Liberation Army Navy (PLAN) can challenge the USN’s ability to accomplish | |
its mission in the Pacific and Indian Oceans. | |
In the production, employment, and control of maritime forces, the USN must | |
consider the scope and rate of technological change and, where appropriate, adapt | |
its processes and workforce development. In balancing the necessary long-term | |
industrial model of naval platforms against emerging short-term opportunities, | |
the USN must take account of advances that may present vulnerabilities and risks | |
as well as what is assured and secure. | |
— 110 — | |
Department of Defense | |
Needed Reforms | |
l | |
Invest in and expand force structure. The USN’s organizing principle | |
remains platform-centered: vessels manned by sailors. The manned surface | |
and subsurface forces act in concert with land-based, air-based, and spacebased forces to project power outside sovereign territory, principally by | |
operating in international waters. Investments must be closely coordinated | |
with these other elements of military power. | |
1. | |
Build a fleet of more than 355 ships.26 | |
2. Develop and field unmanned systems to augment the manned forces. | |
3. Require that range and lethality be the key factors in all procurement | |
and sustainment decisions for ships, aircraft, and munitions. | |
l | |
Establish a Rapid Capabilities Office. The USN must transition | |
technology into warfighting capability more rapidly. It must foster a culture | |
of innovation that includes connecting theoretical and intangible ideas with | |
real production environments that produce tangible and practical outcomes | |
and adapting proven processes to advance material solutions. | |
1. | |
Harness innovation and willingness to tolerate risk so that “good | |
enough” systems can be fielded rapidly. | |
2. Use the Space Development Agency as a model. | |
3. Establish an oversight Board of Directors made up of the service chief, | |
service secretary, and Under Secretary of Defense for Acquisition and | |
Sustainment. | |
— 111 — | |
| |
l | |
Reestablish the General Board. In contrast with the Navy General | |
Board that served ship development so well during the interwar period, | |
the current joint process27 for defining the requirements for major | |
defense acquisitions is not well-suited to long-term planning of the | |
sort that is needed for USN fleet architecture and shipbuilding. The | |
interwar General Board should serve as a model, empowered with | |
final decision authority over all requirements documents concerning | |
ships and the major defense systems fielded on ships. The individual | |
board members would ensure a broad base of knowledge as well as | |
independent thinking.28 | |
Mandate for Leadership: The Conservative Promise | |
l | |
Accelerate the purchase of key munitions. It takes years to build and | |
maintain navies but only hours to expend their ordnance in combat. The | |
USN must be prepared to expend large quantities of air-launched and | |
sea-launched stealthy, precision, cruise missiles against targets both at | |
sea and ashore. Additionally, modern air defense requires the use of highperformance surface-to-air missiles. | |
1. | |
Produce key munitions at the maximum rate with significant capacity. | |
2. Working with the Congress, employ the widest possible range of | |
techniques to enhance the munitions supply chains and workforce. | |
l | |
Enhance warfighter development. The USN requires a variety of | |
documented qualifications for personnel to advance in their careers and | |
assume leadership positions. It also requires individual professional | |
qualifications that are focused on warfighting. | |
Mandate qualifications that demonstrate an understanding of core | |
competence in collective, integrated warfighting, especially based on | |
current plans and technologies. | |
| |
1. | |
2. Elevate the Headquarters Staff focused on Warfighter Development | |
(N7) within the Office of the Chief of Naval Operations (OPNAV) and | |
empower it to develop such requirements. | |
3. Require that war games be utilized as experiential learning environments | |
for the participants as a prerequisite for achieving career milestones | |
(department heads, commanding officers, and major commanders). | |
4. Highlight in training and leader development that USN forces can and | |
must maintain the ability to operate from and/or defend sovereign | |
territory to include our allies and partners. | |
5. Train to balance effects from kinetic to nonkinetic and from lethal to | |
nonlethal through effective command and control. | |
U.S. AIR FORCE | |
The U.S. Air Force today lacks a force structure with the lethality, survivability, and capacity to fight a major conflict with a great power like China, deter | |
nuclear threats, and meet its other operational requirements under the National | |
Defense Strategy.29 For 30 years, the Air Force has received less annual funding | |
— 112 — | |
Department of Defense | |
Needed Reforms | |
l | |
Increase spending and budget accuracy in line with a threat-based | |
strategy. Returning the U.S. military to a force that can achieve deterrence | |
or win in a fight if necessary requires returning to a threat-based defense | |
strategy. Real budget growth combined with a more equitable distribution | |
of resources across the armed services is the only realistic way to create a | |
modernized Air Force with the capacity to meet the needs of the National | |
Defense Strategy. Additionally, as noted above, pass-through funding causes | |
numbers cited in current DOD budget documents to be higher than the | |
dollar amounts actually received by the Air Force. | |
1. | |
Adopt a two-war force defense strategy with scenarios for each service | |
that will allow the Air Force to attain the resources it requires by | |
developing a force-sizing construct that reflects what is required to | |
accomplish strategic objectives. | |
2. Eliminate pass-through funding, which has grown to more than | |
$40 billion per year and has caused the Air Force to be chronically | |
underfunded for decades. | |
— 113 — | |
| |
(if pass-through funding, defined as money in the Air Force budget that does not | |
go to the Air Force, is removed from the equation) than the Army and Navy have | |
received. This underfunding has forced the Air Force to cut its forces and forgo | |
modernizing aging weapons systems that were never designed to operate in current | |
threat environments and are structurally and mechanically exhausted. The result | |
is an Air Force that is the oldest, smallest, and least ready in its history. | |
The decline in Air Force capacity and capability is occurring at the same time | |
the security environment demands the very options that the Air Force uniquely | |
provides. Combatant commanders routinely request more Air Force capabilities | |
than the service has the capacity to provide. The Air Force today simply cannot | |
accomplish all of the missions it is required to perform. | |
The Air Force has consistently stated on the official record that it is not sized to | |
meet the mission demands placed on it by the various U.S. Combatant Commands. | |
A 2018 study, “The Air Force We Need,”30 showed a 24 percent deficit in Air Force | |
capacity to meet the needs of the National Defense Strategy. Those conclusions | |
remain valid and are more pronounced today because of subsequent aircraft retirements. The demand is also higher because of world events. To understand these | |
trends, one needs only to consider that the Air Force’s future five-year budget plan | |
retires 1,463 aircraft while buying just 467. This makes for a reduction of 996 aircraft by 2027. The net result is a force that is smaller, older, and less ready at a time | |
when demand is burgeoning. | |
Mandate for Leadership: The Conservative Promise | |
3. Increase the Air Force budget by 5 percent annually (after adjusting for | |
inflation) to reverse the decline in size, age, and readiness and facilitate | |
the transition to a more modern, lethal, and survivable force. | |
l | |
Reduce near-term and mid-term risk. Increasing the Air Force’s | |
acquisition of next-generation capabilities that either are or soon will be in | |
production will increase the ability of the United States to deter or defeat | |
near-term to mid-term threats. | |
1. | |
Increase F-35A procurement to 60–80 per year. | |
2. Build the capacity for a B-21 production rate of 15–18 aircraft per year along | |
with applicable elements of the B-21 long-range strike family of systems. | |
3. Increase Air Force airlift and aerial refueling capacity to support agile | |
combat employment operations that generate combat sorties from a | |
highly dispersed posture in both Europe and the Pacific. | |
| |
4. Develop and buy larger quantities of advanced mid-range weapons (50 | |
nm to 200 nm) that are sized to maximize targets per sortie for stealth | |
aircraft flying in contested environments against target sets that could | |
exceed 100,000 aimpoints. | |
5. Accelerate the development and production of the Sentinel | |
intercontinental ballistic missile to reduce the risk inherent in an aging | |
Minuteman III force in light of China’s nuclear modernization breakout. | |
6. Increase the number of EC-37B electronic warfare aircraft from 10 to 20 | |
in order to achieve a minimum capacity to engage growing threats from | |
China across the electromagnetic spectrum. | |
l | |
Invest in future Air Force programs and efforts. Increasingly capable | |
adversaries require new capabilities to enable victory against those adversaries. | |
1. | |
Attain an operationally optimized advanced battle management system | |
as the Air Force element of the DOD Joint All Domain Command and | |
Control enterprise. | |
2. Produce the next-generation air dominance system of systems (air | |
moving target indication, other sensors, communications, command | |
and control, weapons, and uninhabited aerial vehicles). | |
— 114 — | |
Department of Defense | |
3. Achieve moving target engagement capability and capacity against sea, | |
surface, and ground mobile targets at the scale necessary to meet the | |
needs of the National Defense Strategy. | |
4. Build resilient basing, sustainment, and communications for | |
survivability in a contested environment. | |
5. Establish a vigorous and sufficiently funded electromagnetic spectrum | |
operations recovery plan to make up for more than 20 years of neglect of | |
this mission area. | |
U.S. MARINE CORPS | |
Needed Reforms | |
l | |
Divest systems to implement the Force Design 2030 transformation.32 | |
Divesting equipment that is less relevant to distributed, low-signature | |
operations in a contested maritime environment will make funds available | |
for modernization. | |
— 115 — | |
| |
The U.S. Marine Corps (USMC) is the maritime land force of the Department | |
of Defense and Department of the Navy. It serves a critical role as an expeditionary amphibious force that can project power from sea to shore and beyond while | |
performing other specialized missions like securing America’s diplomatic outposts abroad. | |
Between the terrorist attacks of September 11, 2001, and the conclusion of U.S. | |
military operations in Afghanistan in August 2022, the Marine Corps engaged | |
in extended operations ashore as directed by the Secretary of Defense, leaving it | |
with little opportunity or ability to train for and execute the naval and amphibious | |
operations for which it is uniquely suited and directed by law. This lengthy divergence from its primary mission led to deep concern that the Corps had become a | |
“second land army,” prompting senior Marine Corps leaders to push for the service | |
to return to the sea. In addition, the USMC spent nearly two decades fighting counterinsurgency wars in Afghanistan and Iraq and developed capabilities that were | |
specifically geared to those fights but have limited utility in scenarios involving | |
evenly matched and advanced enemies or amphibious operations that are necessary for the projection of naval power. | |
As a result, Marine Corps Commandant General David H. Berger developed | |
and began to implement Force Design 2030,31 a plan that, if completed, would be | |
the most radical transformation of the Marine Corps since World War II. The successful implementation of this force redesign, coupled with reforms in the Marine | |
Corps’ personnel system and the Navy’s amphibious shipbuilding plans, will be | |
critical to ensuring the Corps’ future combat effectiveness. | |
Mandate for Leadership: The Conservative Promise | |
1. | |
Transform USMC force structure. | |
a. Eliminate all USMC law enforcement battalions. | |
b. Transform at least one Marine Infantry Regiment into a Marine | |
Littoral Regiment. | |
c. Reduce the size of remaining infantry battalions. | |
2. Divest systems or equipment that are better suited to heavier | |
U.S. Army units. | |
a. Maintain divestment of M1 Abrams tanks. | |
b. Eliminate the majority of tube artillery (M777) batteries. | |
c. Reduce the number of Advanced Amphibious Assault Vehicles and | |
the number of their replacements. | |
3. Use funds made available by divestment of systems to support new | |
systems that are geared to the likely needs of future conflicts. | |
| |
a. Increase the number of rocket artillery batteries (HIMARS). | |
b. Increase the number of upgraded Light Armored Vehicle | |
(LAV) companies. | |
c. Increase the number of Unmanned Aerial Systems and anti-air | |
systems (including counter-UAS systems). | |
d. Develop long-range strike missiles and anti-ship missiles for the Corps. | |
e. Modernize USMC infantry equipment. | |
l | |
Transform the USMC personnel paradigm. More than other services, | |
the USMC relies heavily on junior noncommissioned officers (NCOs) to staff | |
key positions across the force but especially in combat arms. For example, | |
E-4s routinely hold squad leader billets when the Army normally has E-6s in | |
those billets. The nature of more distributed operations and the increasingly | |
complex responsibilities of a Marine Corps rifle squad and platoon under | |
Force Design 2030 will only put more responsibility on the backs of squad | |
leaders and platoon sergeants, increasing the need for more senior Marines | |
in those critical positions. Additionally, the Corps needs to improve its | |
retention of junior NCOs after their first enlistments (the Marines have | |
much lower rates of reenlistment than other branches).33 | |
1. | |
Align the USMC’s combat arms rank structure with the U.S. Army’s (squad | |
leader billets are for E-6s, and platoon sergeant billets are for E-7s). | |
— 116 — | |
Department of Defense | |
2. Create better incentives to retain talented junior NCOs, especially in | |
infantry and other critical military occupational specialties. | |
3. Reduce unnecessary deployments to increase dwell time in order to | |
enable more robust primary military education. | |
l | |
Align Navy amphibious shipbuilding with Force Design 2030. The U.S. | |
Navy has struggled for decades to maintain an amphibious fleet that could | |
support USMC war plans around large-scale amphibious operations. In | |
addition, amphibious shipbuilding has often had to compete against other | |
priorities within a constrained budget and limited shipbuilding capacity. | |
1. | |
Develop and produce light amphibious warships (LAWs) to support | |
more distributed amphibious operations, especially in the Pacific.34 | |
2. Maintain between 28 and 31 larger amphibious warships as opposed to | |
the 25 specified in current Navy shipbuilding plans and the 38 specified | |
before 2020.35 | |
U.S. SPACE FORCE | |
Needed Reforms | |
l | |
Reverse the Biden Administration’s defensive posture. The Biden | |
Administration has eliminated almost all offensive deterrence capabilities | |
and instead will rely solely on defensive capabilities of disaggregation, | |
maneuver, and reconstitution—the most costly, the slowest, and ultimately | |
the most fragile architecture selection. | |
— 117 — | |
| |
U.S. space forces conduct global space operations to sustain and enhance air, | |
land, and sea effectiveness, lethality, and superiority by providing secure broadband global communications (precision position, navigation, and timing accuracy); | |
attack warning and threat tracking and targeting capability (real-time intelligence, | |
surveillance, and reconnaissance information); and their assured continuity of | |
operations both by defending U.S. assets and by conducting offensive operations | |
that are capable of imposing unacceptable losses on adversaries that might seek | |
to attack them. | |
The U.S. Space Force (USSF) was established to assure continuous global and | |
theater combat support from space, to deter attacks against U.S. space assets, and | |
to prevail in space should deterrence fail. The USSF posture was conceived as a | |
balance of offensive and defensive deterrent capabilities designed for maximum | |
effectiveness. | |
Mandate for Leadership: The Conservative Promise | |
1. | |
Reestablish offensive capabilities to guarantee a favorable balance of | |
forces, efficiently manage the full deterrence spectrum, and seriously | |
complicate enemy calculations of a successful first strike against U.S. | |
space assets. | |
2. Restore architectural balance in U.S. space forces, both offensive and | |
defensive, to restore deterrence dominance efficiently and quickly. | |
3. Rapidly expand space control capability, to include cis-lunar space (the | |
region beginning at geosynchronous altitude and encompassing the | |
moon), to provide early warning of an enemy attack. | |
4. | |
Reduce overclassification. The USSF must move beyond the Cold War– | |
era culture of secrecy and overclassification that surrounded military space | |
to facilitate greater coordination and synchronization of efforts across the | |
government and commercial sectors. | |
| |
l | |
Seek arms control and “rules of the road” understandings only when | |
they are unambiguously in the interests of the U.S. and its allies, and | |
prohibit their unilateral implementation. | |
Declassify appropriate information about terrestrial and on-orbit space | |
capabilities that threaten the U.S. space constellation, as well as those | |
being pursued by our competitors, to secure the principled right to | |
counter them offensively. | |
l | |
Implement policies suited to a mature USSF. No longer a “newborn,” the | |
USSF has entered its fourth year of existence, and the lessons learned can be | |
incorporated across all facets of the force to increase its effectiveness. | |
1. | |
Restructure from the current “unity of effort” structure to “unity | |
of command.” | |
2. Lead the U.S. government’s development of a clear and unambiguous | |
declaratory policy that the United States will operate at will in space | |
and enforce these operations with capabilities that ensure effective | |
deterrence and the ability to impose our will if necessary. | |
3. End the current study phase of concept development and issue | |
necessary guidance for the development and fielding of offensive | |
capabilities. | |
— 118 — | |
Department of Defense | |
4. Alter the Space Development Agency’s current “fail-early” approach | |
and transition to a methodology that maintains aggressive timelines but | |
with significantly greater engineering rigor, with special attention to | |
sustainment, support, and fully integrated space operations. | |
5. Increase the number of general officer positions to ensure the Space | |
Force’s ability to compete for resources on a common basis with the | |
other services. | |
6. Explore creation of a Space Force Academy to attract top aero–astro | |
students, engineers, and scientists and develop astronauts. The academy | |
could be attached initially to a large existing research university like | |
the California Institute of Technology or MIT, share faculty and | |
funding, and eventually be built separately to be on par with the other | |
service academies. | |
U.S. CYBER COMMAND | |
Needed Reforms | |
l | |
Ensure that USCYBERCOM is properly focused. Mission creep | |
is leading to wasteful overlap with the Department of Homeland | |
Security, National Security Agency, Department of Defense, and Central | |
Intelligence Agency. | |
1. | |
Separate USCYBERCOM from the National Security Agency per | |
congressional direction. | |
2. Conduct effective offensive cyber-effects operations at the tactical and | |
strategic levels. | |
— 119 — | |
| |
USCYBERCOM was established in 2010 by the Department of Defense to unify | |
the direction of cyberspace operations, strengthen DOD cyberspace capabilities, | |
and integrate and enhance U.S. cyber expertise. Cyber capabilities and threats are | |
evolving rapidly. Accordingly, a conservative Administration should be especially | |
sensitive to and prepared to meet the challenges presented by bureaucratic silos, | |
inappropriately rigid tactical doctrine, and strategic thinking’s historic tendency | |
to lag behind technological capability. | |
The preliminary evidence from the war in Ukraine suggests that existing cyber | |
doctrine and certain capability and target assumptions may be incorrect or misplaced. The following recommendations therefore presuppose that there will be | |
a rigorous “lessons learned” analysis and review of existing U.S. doctrine in light | |
of the battlefield evidence. | |
Mandate for Leadership: The Conservative Promise | |
3. Expand defensive cyber-effects operations authorized by President | |
Trump's classified National Security Presidential Memorandum 13, | |
“United States Cyber Operations Policy.”36 | |
4. End USCYBERCOM’s participation in federal efforts to “fortify” | |
U.S. elections to eliminate the perception that DOD is engaging in | |
partisan politics. | |
l | |
Increase USCYBERCOM’s effectiveness. | |
1. | |
Accelerate the integration of cyber and electronic warfare (EW) | |
doctrine and capabilities, abiding by the time-tested norms of | |
combined-arms warfare. | |
2. Mandate that development teams will include both coders and soldiers, | |
aircrew, and sailors with kinetic experience at the platoon level. | |
3. Break the paradigm of cyber authorities held at the strategic level. | |
| |
4. Increase cyber resilience by, for example, protecting the Nuclear | |
Command, Control, and Communications Network and the Air Force’s | |
Cyber Resiliency Office for Weapons Systems (CROWS). | |
5. Expand coordination of joint operations with allies. | |
6. Implement the Government Accountability Office’s recommendation | |
that the DOD Chief Information Officer, Commander of USCYBERCOM, | |
and Commander of Joint Force Headquarters–DOD Information | |
Network “align policy and system requirements to enable DOD to have | |
enterprise-wide visibility of cyber incident reporting to support tactical, | |
strategic, and military strategies for response.”37 | |
l | |
Rationalize strategy and doctrine. | |
1. | |
Update the October 2022 National Security Strategy to define DOD | |
roles and responsibilities beyond existing platitudes. | |
2. Apply traditional deterrence strategies and principles for using cyber/ | |
EW in retaliation for foreign cyberattacks and/or EW actions against | |
U.S. infrastructure and citizens. | |
— 120 — | |
Department of Defense | |
SPECIAL OPERATIONS FORCES | |
Even though America’s conventional war in Afghanistan was a failure, Special | |
Operations Forces of the United States Special Operation Command (USSOCOM) | |
executed an extremely effective counterterrorism campaign: There has not been | |
another major attack on the homeland, global terrorist threats are reduced and | |
managed, collaboration with international partners is effective, and units under | |
USSOCOM are the most capable and experienced warfighters in two generations. | |
There is a movement to reduce the scope and scale of USSOCOM’s mission in | |
favor of other service priorities in great-power competition. This would be a mistake because USSOCOM can be employed effectively in great-power competition. | |
It makes sense to capitalize on USSOCOM’s experience and repurpose its mission to include irregular warfare within the context of great-power competition, | |
thereby providing a robust organization that is capable of achieving strategic | |
effects that are critical both to our national defense and to the defense of our | |
allies and partners around the globe. Irregular warfare should be used proactively | |
to prevent state and nonstate actors from negatively affecting U.S. policies and | |
objectives while simultaneously strengthening our regional partnerships. If we | |
maintain irregular warfare’s traditional focus on nonstate actors, we limit ourselves | |
to addressing only the symptoms (nonstate actors), not the problems themselves | |
(China, Russia, North Korea, and Iran). | |
| |
Needed Reforms | |
l | |
Make irregular warfare a cornerstone of security strategy. The U.S. | |
can project strength through unified action with our Interagency,38 allies, | |
and partners by utilizing irregular warfare capabilities synchronized | |
with elements of national power. Broadly redefining irregular warfare to | |
address current state and nonstate actors is critical to countering irregular | |
threats that range from the Chinese use of economic warfare to Russian | |
disinformation and Islamist terrorism. A broad definition of irregular | |
warfare in the National Security Strategy would allow for a whole-ofgovernment approach, thereby providing resources and capabilities to | |
counter threats and ultimately serve as credible deterrence at the strategic | |
and tactical levels. | |
1. | |
Define irregular warfare as “a means by which the United States uses all | |
elements of national power to project influence abroad to counter state | |
adversaries, defeat hostile nonstate actors, deter wider conflict, and | |
maintain peace in great-power competition.” | |
2. Characterize the state and nonstate irregular threats facing the U.S. by | |
region in the National Security Strategy. | |
— 121 — | |
Mandate for Leadership: The Conservative Promise | |
3. Direct that irregular warfare resources, capabilities, and strategies be | |
incorporated directly into the overall National Defense Strategy instead | |
of being relegated to a supporting document. | |
4. Establish an Irregular Warfare Center of Excellence to help DOD train, | |
equip, and organize to conduct irregular warfare as a core competency | |
across the spectrum of competition, crisis, and conflict. | |
l | |
Counter China’s Belt and Road Initiative (BRI) globally. DOD, in | |
conjunction with the Interagency, allies, and partner nations, must work | |
proactively to counter China’s BRI around the globe. | |
1. | |
Task USSOCOM and corresponding organizations in the Pentagon | |
with conceptualizing, resourcing, and executing regionally based | |
operations to counter the BRI with a focus on nations that are key | |
to our energy policy, international supply chains, and our defense | |
industrial base. | |
| |
2. Use regional and global information operations to highlight Chinese | |
violations of Exclusive Economic Zones, violations of human rights, and | |
coercion along Chinese fault lines in Xinjiang Province, Hong Kong, and | |
Taiwan in addition to China’s weaponization of sovereign debt. | |
3. Directly counter Chinese economic power with all elements of national | |
power in North America, Central America, and the Caribbean to | |
maintain maritime freedom of movement and protect the digital | |
infrastructure of nations in the region. | |
l | |
Establish credible deterrence through irregular warfare to protect | |
the homeland. A whole-of-government approach and willingness to | |
employ cyber, information, economic, and counterterrorist irregular | |
warfare capabilities should be utilized to protect the homeland. | |
1. | |
Include the designation of USSOCOM as lead for the execution of | |
irregular warfare against hostile state and nonstate actors in the | |
National Defense Strategy. | |
2. Demonstrate a willingness to employ offensive cyber capabilities against | |
adversaries who conduct cyberattacks against U.S. infrastructure, | |
businesses, personnel, and governments. | |
— 122 — | |
Department of Defense | |
3. Employ a “name and shame” approach by making information regarding | |
the names of entities that target democratic processes and international | |
norms available in a transparent manner. | |
4. Work with the Interagency to employ economic warfare, lawfare, and | |
diplomatic pressure against hostile state and nonstate actors. | |
5. Maintain the authorities necessary for an aggressive counterterrorism | |
posture against threats to the homeland. | |
NUCLEAR DETERRENCE | |
Nuclear deterrence is one of the most critical elements of U.S. national security, | |
as it forms a backstop to U.S. military forces. Every operational plan relies on the | |
assumption that nuclear deterrence holds. Ever since the U.S. first acquired nuclear | |
weapons, Administrations of both parties have pursued a strategy designed to deter | |
nuclear and non-nuclear attack; assure allies; and, in the event of nuclear employment, restore deterrence at the lowest possible cost to the U.S. Today, however, | |
America’s ability to meet these goals is increasingly challenged by the growing | |
nuclear threats posed by our adversaries. | |
l | |
China is pursuing a strategic breakout of its nuclear forces, significantly | |
shifting the nuclear balance and forcing the U.S. to learn how to deter two | |
nuclear peer competitors (China and Russia) simultaneously for the first | |
time in its history. | |
Russia is expanding its nuclear arsenal and using the threat of nuclear | |
employment as a coercive tactic in its war on Ukraine. | |
l | |
North Korea is advancing its nuclear capabilities. | |
l | |
Iran is inching closer to nuclear capability. | |
Meanwhile, all U.S. nuclear capabilities and the infrastructure on which they | |
rely date from the Cold War and are in dire need of replacement. The next Administration will need to focus on continuing the effort to modernize the nuclear triad | |
while updating our strategy and capabilities to meet the challenges presented by | |
a more threatening nuclear environment. | |
Needed Reforms | |
l | |
Prioritize nuclear modernization. All components of the nuclear triad are | |
far beyond their intended lifetimes and will need to be replaced over the next | |
— 123 — | |
| |
l | |
Mandate for Leadership: The Conservative Promise | |
decade. This effort is required for the U.S. to maintain its nuclear triad—and | |
will be the bare minimum needed to maintain U.S. strategic nuclear deterrence. | |
1. | |
Accelerate the timelines of critical modernization programs including the | |
Sentinel missile, Long Range Standoff Weapon (LRSO), Columbia-class | |
ballistic missile submarine, B-21 bomber, and F-35 Dual Capable Aircraft. | |
2. Reject any congressional proposals that would further extend the | |
service lives of U.S. capabilities such as the Minuteman III ICBM. | |
3. Ensure sufficient funding for warhead life extension programs (LEP), | |
including the B61-12, W80-4, W87-1 Mod, and W88 Alt 370. | |
Develop the Sea-Launched Cruise Missile-Nuclear (SLCM-N). In 2018, | |
the Trump Administration proposed restoring the SLCM-N to help fill a | |
growing gap in U.S. nonstrategic capabilities and improve deterrence against | |
limited nuclear attack.39 The Biden Administration canceled this program | |
in its 2022 Nuclear Posture Review (NPR).40 The next President should | |
support and accelerate funding for development of the SLCM-N with the | |
goal of deployment by the end of the decade. | |
| |
l | |
l | |
Account for China’s nuclear expansion. To ensure its ability to deter | |
both Russia and the growing Chinese nuclear threat, the U.S. will need more | |
than the bare minimum of nuclear modernization. President Biden’s 2022 | |
NPR described the problem but proposed no recommendations to restore or | |
maintain nuclear deterrence. | |
1. | |
Consider procuring more modernized nuclear systems (such as the | |
Sentinel missile or LRSO) than currently planned. | |
2. Improve the ability of the U.S. to utilize the triad’s upload capacity in | |
case of a crisis. | |
3. Review what capabilities in addition to the SLCM-N (for example, | |
nonstrategic weapons or new warhead designs) are needed to deter the | |
unique Chinese threat. | |
l | |
Restore the nuclear infrastructure. The United States must restore | |
its necessary nuclear infrastructure so that it is capable of producing and | |
maintaining nuclear weapons. | |
— 124 — | |
Department of Defense | |
1. | |
Accelerate the effort to restore plutonium pit production, which is essential | |
both for modern warhead programs and for recapitalizing the stockpile. | |
2. Continue to invest in rebuilding infrastructure, including facilities at | |
the National Laboratories that support nuclear weapons development. | |
3. Restore readiness to test nuclear weapons at the Nevada National | |
Security Site to ensure the ability of the U.S. to respond quickly to | |
asymmetric technology surprises. | |
l | |
Correctly orient arms control. The U.S. should agree to arms control | |
agreements only if they help to advance the interests of the U.S. and its allies. | |
1. | |
Reject proposals for nuclear disarmament that are contrary to the goal | |
of bolstering deterrence. | |
2. Pursue arms control as a way to secure the national security interests of | |
the U.S. and its allies rather than as an end in itself. | |
MISSILE DEFENSE | |
Missile defense is a critical component of the U.S. national security architecture. | |
It can help to deter attack by instilling doubt that an attack will work as intended, | |
take adversary “cheap shots” off the table, and limit the perceived value of missiles as tools of coercion. It also allows space for diplomacy during a crisis and can | |
protect U.S. and allied forces, critical assets, and populations if deterrence fails.41 | |
Adversaries are relying increasingly on missiles to achieve their aims. | |
l | |
l | |
l | |
China and Russia, in addition to their vast and growing ballistic missile | |
inventories, are deploying new hypersonic glide vehicles and investing in | |
new ground-launched, air-launched, and sea-launched cruise missiles that | |
uniquely challenge the United States in different domains. | |
North Korea has pursued an aggressive missile testing program and is | |
becoming increasingly belligerent toward South Korea and Japan. | |
Iran continues to maintain a missile arsenal that is capable of striking U.S. | |
and allied assets in the Middle East and Europe, and its rocket launches | |
demonstrate that it either has or is developing the ability to build ICBMs. | |
— 125 — | |
| |
3. Prepare to compete in order to secure U.S. interests should arms control | |
efforts continue to fail. | |
Mandate for Leadership: The Conservative Promise | |
Missile defense has been underprioritized and underfunded in recent years. In | |
light of these growing threats, the incoming Administration should treat missile | |
defense as a top priority. | |
Needed Reforms | |
l | |
Champion the benefits of missile defense. Despite its deterrence and | |
damage-limitation benefits, opponents argue incorrectly that U.S. missile | |
defense is destabilizing because it threatens Russian and Chinese secondstrike capabilities. | |
1. | |
Reject claims made by the Left that missile defense is destabilizing | |
while acknowledging that Russia and China are developing their own | |
advanced missile defense systems. | |
2. Commit to keeping homeland missile defense off the table in any arms | |
control negotiations with Russia and China.42 | |
| |
l | |
Strengthen homeland ballistic missile defense. The United States | |
currently deploys 44 Ground-Based Interceptors (GBIs) as part of its | |
Ground-based Midcourse Defense (GMD) system to defend the homeland | |
against North Korea, but as North Korea improves its missile program, this | |
system is at risk of falling behind the threat.43 | |
1. | |
Buy at least 64 of the Next Generation Interceptor (NGI), which is more | |
advanced than the GBI, for an eventual uniform fleet of interceptors.44 | |
The Biden Administration currently plans to buy only 20. | |
2. Consider additional steps to strengthen the GMD system such as a | |
layered missile defense or a third interceptor site on the East Coast. | |
l | |
l | |
Increase the development of regional missile defense. As the Ukraine | |
conflict amply demonstrates, U.S. regional missile defense capabilities are | |
very limited. The United States has been unable to supply our partners | |
reliably with any capabilities, and the number and types of regional missile | |
defense platforms are less than the U.S. needs for its own defense. The U.S. | |
should prioritize procurement of more regional defense systems such as | |
Theater High Altitude Area Defense (THAAD), Standard Missile-3, and | |
Patriot missiles. | |
Change U.S. missile defense policy. Historically, the U.S. has chosen | |
to rely solely on deterrence to address the Russian and Chinese ballistic | |
— 126 — | |
Department of Defense | |
missile threat to the homeland and to use homeland missile defense only | |
against rogue nations. | |
1. | |
Abandon the existing policy of not defending the homeland against | |
Russian and Chinese ballistic missiles and focus on how to improve | |
defense as the Russian and Chinese missile threats increase at an | |
unprecedented rate.45 | |
2. Invest in future advanced missile defense technologies like directed | |
energy or space-based missile defense that could defend against more | |
numerous missile threats. | |
l | |
Invest in new track-and-intercept capabilities. The advent of | |
hypersonic missiles and increased numbers of cruise missile arsenals by | |
threat actors poses new challenges to our missile defense capabilities. | |
1. | |
Invest in cruise missile defense of the homeland.46 | |
2. Accelerate the program to deploy space-based sensors that can detect | |
and track missiles flying on nonballistic trajectories.47 | |
| |
3. Accelerate the Glide Phase Interceptor, which is intended to counter | |
hypersonic weapons. | |
AUTHOR’S NOTE: The mission of the Department of Defense is to provide the military forces needed to deter | |
war and ensure our nation’s security. This chapter provides a blueprint to ensure that the Department can meet our | |
national security needs. Its preparation 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 Sergio de la Pena and | |
Chuck DeVore deserve special mention. The author alone assumes responsibility for the content of this chapter, and | |
no views expressed herein should be attributed to any other individual. | |
— 127 — | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
| |
9. | |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
16. | |
17. | |
18. | |
19. | |
U.S. Constitution, Preamble, https://constitution.congress.gov/constitution/preamble/ (accessed | |
February 16, 2023). | |
U.S. Constitution, Article I, § 8, https://constitution.congress.gov/constitution/article-1/ (accessed | |
February 16, 2023). | |
U.S. Constitution, Article II, § 2, https://constitution.congress.gov/constitution/article-2/ (accessed | |
February 16, 2023). | |
Established pursuant to S. 1605, National Defense Authorization Act for Fiscal Year 2022, Public Law No. 117-81, | |
117th Congress, December 27, 2021, Division A, Title X, § 1004, https://www.congress.gov/117/plaws/publ81/ | |
PLAW-117publ81.pdf (accessed February 16, 2023). | |
H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 117-58, 117th Congress, November 15, 2021, | |
Division G, Title IX, §§ 70901–70953, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf | |
(accessed February 16, 2023). | |
S. 2943, National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 114th Congress, December | |
23, 2016, Division A, Title IX, § 901, https://www.congress.gov/114/statute/STATUTE-130/STATUTE-130-Pg2000. | |
pdf (accessed February 16, 2023). | |
H.R. 3622, Goldwater–Nichols Department of Defense Reorganization Act of 1986, Public Law No. 99-433, | |
99th Congress, October 1, 1986, https://www.congress.gov/99/statute/STATUTE-100/STATUTE-100-Pg992.pdf | |
(accessed February 16, 2023). | |
U.S. Department of Defense, Defense Security Cooperation Agency, Historical Sales Book, Fiscal Years | |
1950–2021, p. 7, https://www.dsca.mil/sites/default/files/dsca_historical_sales_book_FY21.pdf (accessed | |
February 15, 2023). | |
Paul K. Kerr, “Arms Sales: Congressional Review Process,” Congressional Research Service Report for Members | |
and Committees of Congress No. RL31675, updated June 10, 2022, p. 1, https://sgp.fas.org/crs/weapons/ | |
RL31675.pdf (accessed February 15, 2023). | |
Keith Webster, “How to Reform America’s Military Sales Process,” The Hill Congress Blog, October 6, 2022, | |
https://thehill.com/opinion/congress-blog/3675933-how-to-reform-americas-military-sales-process/ | |
(accessed February 15, 2023). | |
See Thomas W. Spoehr, “The Administration and Congress Must Act Now to Counter the Worsening Military | |
Recruiting Crisis, Heritage Foundation Issue Brief No. 5283, July 28, 2022, https://www.heritage.org/sites/ | |
default/files/2022-07/IB5283.pdf. | |
Ibid. | |
Ronald Reagan Institute, “Reagan National Defense Survey,” conducted November 2021, p. 4, https://www. | |
reaganfoundation.org/media/358085/rndf_survey_booklet.pdf (accessed February 16, 2023). | |
See Paul J. Larkin, “Protecting the Nation by Employing Military Spouses,” Heritage Foundation Commentary, | |
June 6, 2019, https://www.heritage.org/jobs-and-labor/commentary/protecting-the-nation-employingmilitary-spouses. | |
See Jude Schwalbach, “Military Families Deserve Flexible Education Options,” Heritage Foundation | |
Commentary, April 14, 2021, https://www.heritage.org/education/commentary/military-families-deserveflexible-education-options. | |
See Chapter 7, “The Intelligence Community,” infra. | |
The Defense Intelligence Agency (DIA); the National Security Agency (NSA); the National GeospatialIntelligence Agency (NGA); the National Reconnaissance Office (NRO); and the intelligence and | |
counterintelligence elements of the military services: U.S. Air Force Intelligence, U.S. Navy Intelligence, U.S. | |
Army Intelligence, and U.S. Marine Corps Intelligence, which also receive guidance and oversight from the | |
Under Secretary of Defense for Intelligence (USDI). | |
The Office of the Director of National Intelligence (ODNI) and the Central Intelligence Agency (CIA). | |
The Department of Energy’s Office of Intelligence and Counterintelligence; the Department of Homeland | |
Security’s Office of Intelligence and Analysis and the intelligence and counterintelligence elements of the | |
U.S. Coast Guard; the Department of Justice’s Federal Bureau of Investigation and the Drug Enforcement | |
Administration’s Office of National Security Intelligence; the Department of State’s Bureau of Intelligence and | |
Research; and the Department of the Treasury’s Office of Intelligence and Analysis. | |
— 128 — | |
Department of Defense | |
— 129 — | |
| |
20. Staff Study, IC21: Intelligence Community in the 21st Century, Permanent Select Committee on Intelligence, | |
U.S. House of Representatives, 104th Congress, 1996, p. 71, https://apps.dtic.mil/sti/pdfs/ADA315088.pdf | |
(accessed February 15, 2023). | |
21. Ronald O’Rourke, “Great Power Competition: Implications for Defense—Issues for Congress,” Congressional | |
Research Service Report for Members and Committees of Congress No. R43838, updated November 8, 2022, | |
https://crsreports.congress.gov/product/pdf/R/R43838/93 (accessed February 15, 2023). | |
22. U.S. Government Accountability Office, Defense Intelligence and Security: DOD Needs to Establish Oversight | |
Expectations and to Develop Tools That Enhance Accountability, GAO-21-295, May 2021, https://www.gao.gov/ | |
assets/gao-21-295.pdf (accessed February 15, 2023). | |
23. The U.S. military has a long history of providing support to civil authorities, particularly in response to | |
disasters but for other purposes as well. The Defense Department currently defines defense support of civil | |
authorities (DSCA) as “Support provided by U.S. Federal military forces, DoD civilians, DoD contract personnel, | |
DoD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the | |
Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response | |
to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and | |
other domestic activities, or from qualifying entities for special events. Also known as civil support.” U.S. | |
Department of Defense, Directive No. 3025.18, “Defense Support of Civil Authorities (DSCA),” December 29, | |
2010, p. 16, https://www.dco.uscg.mil/Portals/9/CG-5R/nsarc/DoDD%203025.18%20Defense%20Support%20 | |
of%20Civil%20Authorities.pdf (accessed February 15, 2023). | |
24. U.S. Army, “Who We Are: The Army’s Vision and Strategy,” https://www.army.mil/about/ (accessed | |
February 17, 2023). | |
25. “[T]he Army’s internal assessment must be balanced against its own statements that unit training is focused | |
on company-level operations [reflective of counterintelligence requirements] rather than battalion or brigade | |
operations [much less division or corps to meet large-scale ground combat operations against a peer | |
competitor such as Russia or China]. Consequently, how these ‘ready’ brigade combat teams would perform | |
in combat operations is an open question.” “Executive Summary” in 2023 Index of U.S. Military Strength, | |
ed. Dakota L. Wood (Washington: The Heritage Foundation, 2023), p. 16, http://thf_media.s3.amazonaws. | |
com/2022/Military_Index/2023_IndexOfUSMilitaryStrength.pdf (accessed February 15, 2023). | |
26. For background on the USN’s fleet size, see Brent D. Sadler, “Rebuilding America’s Military: The United States | |
Navy,” Heritage Foundation Special Report No. 242, February 18, 2021, https://www.heritage.org/sites/default/ | |
files/2021-02/SR242.pdf, and Ronald O’Rourke, “Navy Force Structure and Shipbuilding Plans: Background | |
and Issues for Congress,” Congressional Research Service Report for Members and Committees of Congress | |
No. RL32665, December 21, 2022, https://crsreports.congress.gov/product/pdf/RL/RL32665 (accessed | |
February 15, 2023). | |
27. The Joint Capabilities Integration and Development System (JCIDS) is the process by which the services | |
develop and the Joint Staff approves the requirements for major defense acquisitions. See Defense | |
Acquisition University, “Joint Capabilities Integration and Development System (JCIDA),” https://www.dau. | |
edu/acquipedia/pages/articledetails.aspx#!371 (accessed February 15, 2023). | |
28. The board would seek to balance a mix of active military and civilians with expertise in and responsibility | |
for major acquisitions and former military and civilians with experience in strategy and acquisitions. The | |
proposed composition would include the Vice Chief of Naval Operations as Chairman, with three-star level | |
membership from the Joint Staff, the Navy and Defense Acquisition Executives, and the Naval Sea Systems | |
Command. In addition, there would be four-star retired naval officers/Navy civil servants as members, one | |
each named by the Chairmen of the House and Senate Armed Services Committees, the Secretary of the | |
Navy, and the Secretary of Defense. Finally, there would be a member appointed by the Secretary of the Navy | |
who had previous senior experience in the defense industry. | |
29. See James Mattis, Secretary of Defense, Summary of the 2018 National Defense Strategy of the United States | |
of America: Sharpening the American Military’s Competitive Edge, U.S. Department of Defense, https:// | |
dod.defense.gov/Portals/1/Documents/pubs/2018-National-Defense-Strategy-Summary.pdf (accessed | |
February 17, 2023), and U.S. Department of Defense, 2022 National Defense Strategy of the United States of | |
America Including the 2022 Nuclear Posture Review and the 2022 Missile Defense Review, https://oldcc.gov/ | |
resource/2022-national-defense-strategy (accessed February 17, 2023). | |
| |
Mandate for Leadership: The Conservative Promise | |
30. U.S. Air Force, “The Air Force We Need: 386 Operational Squadrons,” September 17, 2018, https://www. | |
af.mil/News/Article-Display/Article/1635070/the-air-force-we-need-386-operational-squadrons/ (accessed | |
February 17, 2023). | |
31. General David H. Berger, Commandant of the Marine Corps, “Force Design 2030,” U.S. Department of the | |
Navy, U.S. Marine Corps, March 2020, https://www.hqmc.marines.mil/Portals/142/Docs/CMC38%20Force%20 | |
Design%202030%20Report%20Phase%20I%20and%20II.pdf?ver=2020-03-26-121328-460 (accessed | |
February 17, 2023). | |
32. Department of the Navy, United States Marine Corps, “Force Design 2030,” March 2020, https://www.hqmc. | |
marines.mil/Portals/142/Docs/CMC38%20Force%20Design%202030%20Report%20Phase%20I%20and%20II. | |
pdf?ver=2020-03-26-121328-460 (accessed February 15, 2023). | |
33. Philip Athey, “Here Are Some of the Ways the Marines Are Trying to Improve Retention,” Marine Corps Times, | |
November 15, 2021, https://www.marinecorpstimes.com/news/your-marine-corps/2021/11/15/treat-peoplelike-human-beings-here-are-some-of-the-ways-the-marines-are-trying-to-improve-retention/ (accessed | |
February 15, 2023). | |
34. Megan Eckstein, “Marines, Navy Near Agreement on Light Amphibious Warship Features,” Defense News, | |
October 5, 2022, https://www.defensenews.com/naval/2022/10/05/marines-navy-near-agreement-on-lightamphibious-warship-features/ (accessed February 16, 2023). | |
35. Megan Eckstein, “Marines Explain Vision for Fewer Traditional Amphibious Warships,” Defense News, June | |
21, 2021, https://www.defensenews.com/naval/2021/06/21/marines-explain-vision-for-fewer-traditionalamphibious-warships-supplemented-by-new-light-amphib/ (accessed February 16, 2023). | |
36. See Sidney J. Freedberg Jr., “Trump Eases Cyber Ops, but Safeguards Remain: Joint Staff,” Breaking Defense, | |
September 17, 2018, https://breakingdefense.com/2018/09/trump-eases-cyber-ops-but-safeguards-remainjoint-staff/ (accessed March 7, 2023); Dustin Volz, “White House Confirms It Has Relaxed Rules on U.S. Use | |
of Cyberweapons,” The Wall Street Journal, September 20, 2018, https://www.wsj.com/articles/white-houseconfirms-it-has-relaxed-rules-on-u-s-use-of-cyber-weapons-1537476729 (accessed March 7, 2023); and | |
Federation of American Scientists, Intelligence Resource Program, “National Security Presidential Memoranda | |
[NSPMs]: Donald J. Trump Administration,” updated March 7, 2022, https://irp.fas.org/offdocs/nspm/index. | |
html (accessed March 7, 2023). | |
37. U.S. Government Accountability Office, DOD Cybersecurity: Enhanced Attention Needed to Ensure Cyber | |
Incidents Are Appropriately Reported and Shared, GAO-23-105084, November 2022, p. 36, https://www.gao. | |
gov/assets/gao-23-105084.pdf (accessed February 17, 2023). | |
38. See Paul Evancoe, “Special Operations and the Interagency Team,” U.S.Military.com, https://usmilitary. | |
com/special-operations-and-the-interagency-team/#:~:text=Seldom%20considered%20are%20those%20 | |
other%20government%20agency%20%28OGA%29,response%20and%20consequence%20management%20 | |
to%20name%20a%20few (accessed February 17, 2023). | |
39. U.S. Department of Defense, Nuclear Posture Review, February 2018, pp. 54–55, https://media.defense. | |
gov/2018/Feb/02/2001872886/-1/-1/1/2018-NUCLEAR-POSTURE-REVIEW-FINAL-REPORT.PDF (accessed | |
February 17, 2023). | |
40. U.S. Department of Defense, 2022 National Defense Strategy of the United States of America Including the | |
2022 Nuclear Posture Review and the 2022 Missile Defense Review, pp. 3 and 20. | |
41. Patty-Jane Geller, “Missile Defense,” in 2023 Index of U.S. Military Strength, ed. Dakota L. Wood (Washington: | |
The Heritage Foundation, 2023), pp. 507–508, http://thf_media.s3.amazonaws.com/2022/Military_ | |
Index/2023_IndexOfUSMilitaryStrength.pdf. | |
42. Matthew R. Costlow, “The Folly of Limiting U.S. Missile Defenses for Nuclear Arms Control,” National | |
Institute for Public Policy Information Series, Issue No. 505, October 18, 2021, https://nipp.org/wp-content/ | |
uploads/2021/10/IS-505.pdf (accessed February 16, 2023). | |
43. Forum for American Leadership, “Don’t Hand North Korea a Win in the Missile Defense Review,” January 4, | |
2022, https://forumforamericanleadership.org/dprk-missile-threat (accessed February 16, 2023). | |
44. Patty-Jane Geller, “It’s Time to Get Homeland Missile Defense Right,” Defense News, January 4, 2021, https:// | |
www.defensenews.com/opinion/commentary/2021/01/04/its-time-to-get-homeland-missile-defenseright/#:~:text=Restoring%20our%20eroding%20edge%20when,advanced%20technology%20and%20 | |
new%20capabilities.%E2%80%9D (accessed February 16, 2023). | |
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Department of Defense | |
45. Forum for American Leadership, “How Biden's Missile Defense Review Can Succeed,” October 21, 2021, https:// | |
forumforamericanleadership.org/missile-defense-review (accessed February 16, 2023). | |
46. Tom Karako, Matt Strohmeyer, Ian Williams, Wes Rumbaugh, and Ken Harmon, North America Is a Region, | |
Too: An Integrated, Phased, and Affordable Approach to Air and Missile Defense for the Homeland, Center | |
for Strategic and International Studies, Missile Defense Project, July 2022, https://csis-website-prod. | |
s3.amazonaws.com/s3fs-public/publication/220714_Karako_North_America.pdf?VersionId=BhIKa8jHHF_ | |
kV94NXRMx6D4m2o6LQqUf (accessed February 16, 2023). | |
47. Rebeccah Heinrichs, “Why America Needs the Ability to Track Enemy Missiles from Space,” The Hill, April 16, | |
2019, https://thehill.com/opinion/national-security/438939-why-america-needs-the-ability-to-track-enemymissiles-from-space/ (accessed February 16, 2023). | |
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5 | |
DEPARTMENT OF | |
HOMELAND SECURITY | |
Ken Cuccinelli | |
PRIMARY RECOMMENDATION | |
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U.S. Customs and Border Protection (CBP) be combined with | |
Immigration and Customs Enforcement (ICE); U.S. Citizenship | |
and Immigration Services (USCIS); the Department of Health and | |
Human Services (HHS) Office of Refugee Resettlement (ORR); and | |
the Department of Justice (DOJ) Executive Office for Immigration | |
Review (EOIR) and Office of Immigration Litigation (OIL) into a standalone border and immigration agency at the Cabinet level (more than | |
100,000 employees, making it the third largest department measured | |
by manpower). | |
The Cybersecurity and Infrastructure Security Agency (CISA) be moved to | |
the Department of Transportation. | |
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Our primary recommendation is that the President pursue legislation to dismantle the Department of Homeland Security (DHS). After 20 years, it has not | |
gelled into “One DHS.” Instead, its various components’ different missions have | |
outweighed its decades-long attempt to function as one department, rendering | |
the whole disjointed rather than cohesive. Breaking up the department along its | |
mission lines would facilitate mission focus and provide opportunities to reduce | |
overhead and achieve more limited government. In lieu of a status quo DHS, we | |
recommend that: | |
Mandate for Leadership: The Conservative Promise | |
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The Federal Emergency Management Agency (FEMA) be moved to the | |
Department of the Interior or, if combined with CISA, to the Department of | |
Transportation. | |
The U.S. Coast Guard (USCG) be moved to DOJ and, in time of full-scale | |
war (i.e., threatening the homeland), to the Department of Defense (DOD). | |
Alternatively, USCG should be moved to DOD for all purposes. | |
The U.S. Secret Service (USSS) be divided in two, with the protective | |
element moved to DOJ and the financial enforcement element moved to the | |
Department of the Treasury. | |
The Transportation Security Administration (TSA) be privatized. | |
The Science and Technology Directorate (S&T) be moved to DOD and the | |
Office of Countering Weapons of Mass Destruction be moved to the FBI. | |
All of the remaining supporting components could be dismantled because | |
their functions already exist in the moving components as well as the receiving departments. Cutting these costs would save the American taxpayers | |
significant sums. | |
Unless and until this dismantling recommendation is pursued and achieved, | |
however, DHS will statutorily continue to exist, and it needs many reforms. Accordingly, we now turn to recommended changes in DHS as it exists now. | |
MISSION STATEMENT | |
The Department of Homeland Security protects the American homeland from | |
and prepares for terrorism and other hazards in both the physical and cyber realms, | |
provides for secure and free movement of trade and travel, and enforces U.S. immigration laws impartially. | |
OVERVIEW | |
The Department of Homeland Security (DHS) was created in the aftermath of | |
the terrorist attacks of September 11, 2001, and subsequent mailings of anthrax | |
spores. The Homeland Security Act of 2002,1 which created the department, states | |
that DHS’s primary mission is to prevent terrorist attacks within the U.S.; reduce | |
the nation’s vulnerability to terrorism; minimize the damage from and assist in the | |
recovery from any terrorist attacks; prepare and respond to natural and manmade | |
crises and emergencies; and monitor connections between illegal drug trafficking | |
and terrorism, coordinate efforts to sever such connections, and interdict illegal | |
drug trafficking. | |
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Department of Homeland Security | |
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Secure and control the border; | |
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Thoroughly enforce immigration laws; | |
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Correctly and efficiently adjudicate immigration benefit applications while | |
rejecting fraudulent claims; | |
Secure the cyber domain and collaborate with critical infrastructure sectors | |
to maintain their security; | |
Provide states and localities with a limited federal emergency response and | |
preparedness; | |
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Unfortunately for our nation, the federal government’s newest department | |
became like every other federal agency: bloated, bureaucratic, and expensive. It also | |
lost sight of its mission priorities. DHS has also suffered from the Left’s wokeness and | |
weaponization against Americans whom the Left perceives as its political opponents. | |
To truly secure the homeland, a conservative Administration needs to return | |
the department to the right mission, the right size, and the right budget. This would | |
include reorganizing the department and shifting significant resources away from | |
several supporting components to the essential operational components. Prioritizing border security and immigration enforcement, including detention and | |
deportation, is critical if we are to regain control of the border, repair the historic | |
damage done by the Biden Administration, return to a lawful and orderly immigration system, and protect the homeland from terrorism and public safety threats. | |
This also includes consolidating the pieces of the fragmented immigration system | |
into one agency to fulfill the mission more efficiently. | |
The Cybersecurity and Infrastructure Security Agency (CISA) is a DHS component that the Left has weaponized to censor speech and affect elections at the | |
expense of securing the cyber domain and critical infrastructure, which are threatened daily.2 A conservative Administration should return CISA to its statutory and | |
important but narrow mission. | |
The bloated DHS bureaucracy and budget, along with the wrong priorities, | |
provide real opportunities for a conservative Administration to cut billions in | |
spending and limit government’s role in Americans’ lives. These opportunities | |
include privatizing TSA screening and the Federal Emergency Management | |
Agency (FEMA) National Flood Insurance Program, reforming FEMA emergency | |
spending to shift the majority of preparedness and response costs to states and | |
localities instead of the federal government, eliminating most of DHS’s grant programs, and removing all unions in the department for national security purposes. | |
A successful DHS would: | |
Mandate for Leadership: The Conservative Promise | |
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Secure our coasts and economic zones; | |
Protect political leaders, their families, and visiting heads of state or | |
government; and | |
Oversee transportation security. | |
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OFFICE OF THE SECRETARY (SEC) | |
In the next Administration, the Office of the Secretary should take on the following key issues and challenges to ensure the effective operation of DHS. | |
Expansion of Dedicated Political Personnel. The Secretary of Homeland | |
Security is a presidentially appointed and Senate-confirmed political appointee, | |
but for budgetary reasons, he or she has historically been unable to fund a dedicated team of political appointees. A key first step for the Secretary to improve | |
front-office functions is to have his or her own dedicated team of political appointees selected and vetted by the Office of Presidential Personnel, which is not reliant | |
on detailees from other parts of the department, to help ensure the completion of | |
the next President’s agenda. | |
An Aggressive Approach to Senate-Confirmed Leadership Positions. | |
While Senate confirmation is a constitutionally necessary requirement for | |
appointing agency leadership, the next Administration may need to take a novel | |
approach to the confirmations process to ensure an adequate and rapid transition. | |
For example, the next Administration arguably should place its nominees for key | |
positions into similar positions as “actings” (for example, putting in a person to | |
serve as the Senior Official Performing the Duties of the Commissioner of CBP | |
while that person is going through the confirmation process to direct ICE or | |
become the Secretary). This approach would both guarantee implementation of | |
the Day One agenda and equip the department for potential emergency situations | |
while still honoring the confirmation requirement. The department should also | |
look to remove lower-level but nevertheless important positions that currently | |
require Senate confirmation from the confirmation requirement, although this | |
effort would require legislation (and might also be mooted in the event of legislation that closes portions of the department that currently have Senate-confirmed | |
leadership). | |
Clearer, More Durable, and Political-Only Line of Succession. Based on | |
previous experience, the department needs legislation to establish a more durable | |
but politically oriented line of succession for agency decision-making purposes. | |
The ideal sequence for line of succession is certainly debatable, except that in circumstances where a career employee holds a leadership position in the department, | |
that position should be deemed vacant for line-of-succession purposes and the next | |
eligible political appointee in the sequence should assume acting authority. Further, | |
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Department of Homeland Security | |
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Certification by applicants that they comply with all aspects of federal | |
immigration laws, including the honoring of all immigration detainers. | |
Certification by applicants that they are both registered with E-Verify | |
and using E-Verify in a transparent and nonevasive manner. For states | |
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individuals wielding acting Secretary authority should have explicit authority to | |
finalize agency actions, including regulations, to ensure that the department’s | |
homeland security mission is fulfilled. | |
Soft Closure of Unnecessary Offices. Pending a possible presidential decision to shrink or eliminate DHS itself, the next Administration will still have the | |
obligation to protect the homeland as required by law. The Secretary therefore | |
can and should use his or her inherent, discretionary leadership authority to “soft | |
close” ineffective and problematic corners of the department. While those corners | |
are to be determined, the Secretary could shift personnel, funding, and operational responsibility to mission-essential components of the department, including | |
the Office of the Secretary itself. This effort not only would make the department | |
more efficient, but also would support a legislative move to shrink or dismantle | |
the department by showing that the agency can fulfill national security–critical | |
functions without its current bloated bureaucracy. | |
Restructuring and Redistribution of Career Personnel. To strengthen | |
political decision-making and ensure that taxpayer dollars are being used legally | |
and efficiently, the Secretary should make major changes in the distribution of | |
career personnel throughout the department. For example, personnel from parts | |
of the department undergoing soft closure could be redistributed to what will be | |
workload-intensive corners of the department, including national security–critical | |
and transparency functions. All personnel with law enforcement capacity should | |
be removed immediately from office billets and deployed to field billets to maximize law enforcement capacity. | |
Compliance for Grants and Other Federal Funding. The next Administration should take steps to restore lawfulness and integrity to the department’s | |
massive regimen of federal grant programs, most of which are managed and distributed by the Federal Emergency Management Agency. The Secretary should | |
direct FEMA to ensure that all FEMA-issued grant funding for states, localities, | |
and private organizations is going to recipients who are lawful actors, can demonstrate that they are in compliance with federal law, and can show that their mission | |
and actions support the broader homeland security mission. All applicants and | |
potential recipients of such grant funding should be required to meet certain preconditions for eligibility (except for receipt of post-disaster or nonhumanitarian | |
funding) or should simply be considered ineligible for funding. Such preconditions | |
should include at least the following: | |
Mandate for Leadership: The Conservative Promise | |
and localities, that would include certification that all components of that | |
government, and not just the applicant agency, are registered with and | |
use E-Verify. | |
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If the applicant is a state or locality, commitment by that state or locality to | |
total information-sharing in the context of both federal law enforcement | |
and immigration enforcement. This would include access to department of | |
motor vehicles and voter registration databases. | |
Non-Use of Discretionary Guest Worker Visa Authorities. To stop facilitating the availability of cheap foreign labor in order to support American workers | |
(particularly poor and middle-class American workers) and follow congressional | |
intent, the Secretary should explicitly cease using at least two discretionary authorities as part of his or her broader effort to support American workers. | |
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The Secretary should make it clear that he or she will not use the Secretary’s | |
existing discretionary authority to increase the number of H-2B (seasonal | |
non-agricultural) visas above the statutorily set cap. | |
The Secretary should not issue any regulations in support of the “H-2 | |
eligible” country list, the effect of which would prevent favoring certain | |
foreign nationals seeking an H-2 guest worker visa based simply on their | |
nationality. | |
Restoration of Honesty and Transparency. The Secretary should use his or | |
her inherent authority as leader of the department to follow up with congressional | |
and other partners to disclose information and provide the transparency that has | |
been obstructed during the Biden Administration. The Secretary should proceed | |
from the assumption that congressional inquiries and public information requests | |
were unfulfilled and then seek to fulfill them. | |
Replacement of the Entire Homeland Security Advisory Committee. The | |
Secretary should plan to quickly remove all current members of the Homeland | |
Security Advisory Committee and replace them as quickly as is feasible. | |
U.S. CUSTOMS AND BORDER PROTECTION (CBP) | |
If all immigration agencies are not merged, including USCIS and ORR, then | |
an appropriate third alternative would be to consolidate ICE and CBP to form | |
a combined Border Security and Immigration Agency (BSIA). This would integrate critical interdiction, enforcement, and investigative resources, enhancing | |
coordination and refocusing collective efforts on the vast and complex cross-border threats impacting our nation’s health, safety, and national security. It would | |
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Department of Homeland Security | |
— 139 — | |
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also simultaneously add efficiencies to our nation’s capacity to facilitate lawful | |
trade and travel. | |
The BSIA should establish clear mission requirements, responsibilities, and | |
mandates under existing law regarding the persistent need for and utilization of | |
U.S. military personnel and resources to assist BSIA with increasing whole-of-government efforts and long-term strategy to secure our nation’s borders effectively. | |
In addition, appropriate elements within the newly created BSIA should be designated as part of the U.S. National Security and Intelligence Community. | |
A conservative Administration should eliminate any prohibitive guidance, | |
direction, or mandate from DHS or the Administration that curtails or limits CBP | |
from publishing detailed border security and enforcement data not impacting | |
intelligence, interdiction, and investigative operations, methods, or sources. DHS | |
should issue a regulation mandating that CBP publish accurate and timely border | |
security data, readily available to the public, on a regular basis that avoid White | |
House and DHS leadership review and approval. | |
The White House should grant the authority for CBP and DHS executives to | |
utilize component aviation assets under the Office of Air and Marine (OAM). CBP | |
and DHS have worldwide missions with personnel and facilities that are deployed | |
across the globe and in every state in the U.S. With a CBP workforce alone of more | |
than 60,000 people (240,000-plus for DHS) encompassing more than a thousand | |
sea, land, and airports, it is essential that the Commissioner, Deputy Commissioner, | |
Secretary, and Deputy Secretary can travel efficiently to facilities to maintain | |
appropriate situational awareness across the department’s vast mission set and | |
interact with the expansive workforce. Although CBP operates one of the largest | |
aviation components of any domestic U.S. law enforcement agency, executives are | |
prohibited from utilizing the agency’s aviation assets to facilitate official travel. | |
Executives are required to fly on commercial airlines, and this requirement significantly limits their ability to have classified communications and takes them | |
offline for extended periods of time. | |
Border Patrol (BP) and OAM should be combined within CBP. BP has more than | |
20,000 personnel, and OAM has approximately 1,800. OAM’s assets are dedicated | |
in support of BP operations the vast majority of the time, yet redundant approvals, strategies, and independent hierarchal commands serve as impediments to | |
efficient and practical resource deployments. | |
CBP should restart and expand use of the horseback-mounted Border Patrol. As | |
part of this announcement, the Secretary should clear the records and personnel | |
files of those who were falsely accused by Secretary Alejandro Mayorkas of whipping migrants and issue a formal apology on behalf of DHS and CBP. | |
The Secretary should combine the Office of Trade (OT) and Trade Relations | |
with the Office of Field Operations (OFO). The OT is the smallest of CBP’s components, and its operational counterpart, OFO, has a workforce of more than 30,000. | |
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Mandate for Leadership: The Conservative Promise | |
OT’s function is interwoven with that of its OFO operational counterpart. Combining OT with OFO would achieve streamlined operations and increase OT’s capacity | |
and capability by leveraging OFO’s expansive resources. | |
CBP, ICE, and USCIS all have authority to issue Notices to Appear (NTA) to | |
removable aliens in their presence, which begins removal proceedings. In most | |
instances, CBP should turn illegal aliens over to ICE for detention, and ICE can | |
then issue any needed NTA. CBP should issue NTAs only in limited situations | |
for humanitarian reasons, such as medical emergencies. In addition, CBP should | |
eliminate use of Notices to Report (NTR) altogether. | |
CBP’s established national standards of Transport, Escort, Detention, and | |
Search (TEDS) have been widely interpreted and expanded by lower courts. This | |
has resulted in unrealistic and differing detention standards for CBP facilities based | |
on the jurisdiction within which they fall, negatively impacting operations. ICE has | |
suffered similarly. A single nationwide detention standard should be codified that | |
prevents individual states from mandating that federal government agencies adhere | |
to widely expansive and ever-changing sets of standards. Such standards should allow | |
the flexibility to use large numbers of temporary facilities such as tents. | |
The annual costs associated with establishing and maintaining temporary facilities to address the flow of illegal migration and associated care, transportation, | |
and processing are prohibitive, and CBP’s budget is inadequate. CBP is forced to | |
forgo critical mission-essential endeavors to fund the additional associated costs. | |
Often, this requires the reprogramming of funding at the DHS level, which has a | |
negative impact on other DHS components’ operations. This predictable cost that | |
has to be paid from existing CBP and DHS funding levels reduces CBP’s operational | |
readiness and ability to accomplish its diverse and critical missions to protect the | |
American people. The next President should request a realistic budget that fully | |
pays for these costs. | |
Increased funding is needed for BP to hire additional support personnel, which | |
would relieve uniformed BP agents from administrative duties associated with | |
processing aliens and allow them to return to their national security mission. | |
Congress should increase funding for facility upgrades at strategic land Ports of | |
Entry (POEs), including expanding state-of-the-art technology such as Non-Intrusive Inspection equipment. Today, the cartels exploit the aging facilities and lack | |
of adequate technology to smuggle illicit drugs, contraband, and more successfully | |
through our nation’s POEs. | |
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) | |
Needed Reforms | |
Since the formation of DHS, ICE has increasingly been tasked with auxiliary | |
missions that have little or nothing to do with either immigration or customs | |
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Department of Homeland Security | |
enforcement. To return ICE to its primary mission, any new Administration that | |
wishes to restore the rule of law to our immigration enforcement efforts should: | |
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Direct ICE to stop ignoring criminal aliens identified through the | |
287(g) program.4 Ultimately, Congress should prevent ICE from ignoring | |
criminal aliens identified by local law enforcement agencies that are partners | |
in the 287(g) program. However, before congressional action, ICE should | |
be directed to take custody of all aliens with records for felonies, crimes of | |
violence, DUIs, previous removals, and any other crime that is considered a | |
national security or public safety threat as defined under current laws. | |
Eliminate T and U visas. Victimization should not be a basis for an | |
immigration benefit. If an alien who was a trafficking or crime victim is | |
actively and significantly cooperating with law enforcement as a witness, | |
the S visa is already available and should be used. Pending elimination of the | |
T and U visas, the Secretary should significantly restrict eligibility for each | |
visa to prevent fraud. | |
Issue clear guidance regarding detention and bond for aliens. | |
Thousands of illegal aliens are allowed to bond out of immigration detention | |
only to disappear into the interior of the United States where many commit | |
crimes and many others disappear, never to be heard from again. This | |
occurs primarily because of poorly worded bond regulations, contradictory | |
bond policy memoranda, and poor practices for managing released | |
aliens and the Alternatives to Detention (ATD) Program, which requires | |
significant reform. | |
Prioritize national security in the Student and Exchange Visitor | |
Program (SEVP). ICE should end its current cozy deference to educational | |
institutions and remove security risks from the program. This requires | |
working with the Department of State to eliminate or significantly reduce | |
the number of visas issued to foreign students from enemy nations. | |
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Order ICE to stop closing out pending immigration cases and apply | |
the Immigration and Nationality Act (INA) as written by Congress.3 | |
The Biden Administration closed out tens of thousands of immigration | |
cases that had already been prepared and were slated for expedited removal | |
processing or hearings before the U.S. Immigration Court. This misguided | |
action constituted an egregious example of lawlessness that allowed | |
thousands of illegal aliens and other immigration violators to go free in the | |
United States. | |
Mandate for Leadership: The Conservative Promise | |
Most of the foregoing can be accomplished rapidly and effectively through executive action that is both lawful and appropriate. Additionally, ICE should clarify | |
who is responsible for enforcing its criminal and civil authorities. It should also | |
remove self-imposed limitations on its nationwide jurisdiction. | |
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Homeland Security Investigations (HSI) Special Agents in the 1811 | |
series should enforce Title 8 and 18 crimes as the biggest part of their | |
portfolio. Alien smuggling, trafficking, and cross-border crime as defined | |
under Title 85 and Title 186 should be the focus of ICE operations. | |
The role of ICE Deportation Officers should be clarified. ICE | |
Enforcement and Removal Operations (ERO) should be identified as being | |
primarily responsible for enforcing civil immigration regulations, including | |
the civil arrest, detention, and removal of immigration violators anywhere | |
in the United States, without warrant where appropriate, subject only to the | |
civil warrant requirements of the INA where appropriate. | |
All ICE memoranda identifying “sensitive zones” where | |
ICE personnel are prohibited from operating should be | |
rescinded. Rely on the good judgment of officers in the field to avoid | |
inappropriate situations. | |
To maximize the efficient use of its resources, ICE should make full | |
use of existing Expedited Removal (ER) authorities. The agency has | |
limited the use of ER to eligible aliens apprehended within 100 miles of the | |
border. This is not a statutory requirement. | |
New Policies | |
U.S. national security and public safety interests would be well-served if ICE | |
were to be combined with CBP and USCIS, as mentioned above. Additionally, ICE/ | |
HSI, along with CBP, should be full participants in the Intelligence Community. | |
The use of Blackies Warrants should be operationalized within ICE. These civil | |
search warrants are commonly used for worksite enforcement when agents have | |
probable cause that illegal aliens are employed at a business. This would streamline investigations. | |
Safeguarding Americans will require not just securing the border, but continuous vetting and investigations of many aliens who exploited President | |
Biden’s open border for potentially nefarious purposes, including some Afghan | |
evacuees sent directly to the U.S. during America’s disastrous withdrawal from | |
Afghanistan. | |
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Department of Homeland Security | |
Budget | |
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Congress should mandate and fund additional bed space for alien | |
detainees. ICE should be funded for a significant increase in detention | |
space, raising the daily available number of beds to 100,000. | |
Congress should fund ICE for at least 20,000 ERO officers and 5,000 | |
Office of the Principal Legal Advisor (OPLA) attorneys. | |
U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) | |
U.S. Citizenship and Immigration Services (USCIS) is the agency tasked with | |
administering the legal immigration and certain temporary visa programs. | |
Needed Reforms | |
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Since January 2021, USCIS’s priorities have been misaligned, and this has transformed it into an open-borders agency, ignoring the critical role that it plays in | |
national security, public safety, and safeguarding the integrity of our immigration | |
system. USCIS should be returned to operating as a screening and vetting agency. | |
Regulatory efforts have focused on easing asylum eligibility in a manner that is | |
guaranteed to exacerbate asylum fraud as people surge at the border. Emphasis | |
also has been placed on removing legal barriers to immigration, such as the use | |
of public benefits. These actions violate statutes, erode congressional intent, and | |
provide a significant magnet for continued illegal immigration. | |
Additionally, USCIS resources have been misappropriated to focus more on | |
creating and expanding large-scale parole and temporary status programs that | |
violate the law and are otherwise contrary to congressional intent instead of focusing on a more secure and efficient process for those who are seeking benefits. The | |
ever-increasing number of applications filed has made it difficult to vet applications adequately for eligibility, fraud, and specific national security and public | |
safety problems. | |
The Fraud Detection and National Security Directorate (FDNS) is currently a | |
small directorate with assigned officers reporting through the chain of command in | |
the field, and this has led to stovepiping, lack of coordination in national policy, and | |
inconsistencies throughout the agency. To prioritize vetting and fraud detection, | |
FDNS should undergo a structural shift focused on direct reporting from the field | |
to headquarters, reclassification of leadership, and FDNS directives taking precedence over those of other component entities. Correcting the current misalignment | |
of agency priorities and resources should begin with this primary shift in focus to | |
vetting and fraud detection. These actions would reform the agency, returning it | |
to its screening and vetting mission in protecting the homeland. | |
Other structural changes should include reimplementation of the USCIS denaturalization unit—an effort to maintain integrity in the system by identifying and | |
Mandate for Leadership: The Conservative Promise | |
| |
prosecuting criminal and civil denaturalization cases, in combination with the | |
Department of Justice, for aliens who obtained citizenship through fraud or other | |
illicit means. Additionally, USCIS should create a criminal enforcement component within the agency to investigate immigration benefits fraud under Title 8 | |
(perhaps requiring additional legislative and regulatory authorities for the officers themselves) and to prosecute cases through Special Assistant U.S. Attorneys | |
(SAUSAs) with substantive knowledge in the field. Particular attention should be | |
given to addressing increasing incidents of forced labor trafficking in temporary | |
work visa programs. | |
While the Biden regulatory agenda has focused on at least two major rules—the | |
credible fear rule and the public charge rule—USCIS has utilized other policy and | |
internal procedural mechanisms to extend employment authorization to large | |
groups of people who are in the country without legal status. The agency has | |
taken quiet steps to cut corners and lessen adjudicatory standards. During a transition period, a complete audit of agency policies, memoranda, and management | |
directives issued during the Biden Administration should be completed, and rescission documents should be prepared for issuance within the first few days of the | |
incoming Administration. Additionally, regulatory documents should be drafted | |
to review or reverse all regulations promulgated during the Biden Administration. | |
New Policies | |
To advance the national interest, the three core immigration agencies—USCIS, | |
ICE, and CBP—should remerge and have immigration elements outside of DHS | |
(such as ORR of HHS) included. The fragmented immigration enforcement framework that developed in the wake of the Homeland Security Act has weakened | |
each agency and should be remediated. Combining these critical agencies would | |
strengthen their capabilities, ensure cooperation, and promote information-sharing. Agency responsibilities and the delineation of authorities, such as inconsistent | |
use of deferred action and issuance of NTAs by each agency, have long been a point | |
of contention that would be addressed much more easily if they were recombined | |
into a single entity. | |
Alternatively, new policies for USCIS as it currently exists should focus on matters that can be addressed through administrative action. | |
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The workforce should be realigned and, as necessary, retrained on base | |
eligibility and fraud detection rather than speed in processing. | |
Training should be returned to Federal Law Enforcement Training Centers | |
(FLETC), which would underscore the enforcement role of USCIS as a | |
vetting agency, and be rebranded accordingly. | |
— 144 — | |
Department of Homeland Security | |
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Management Directives and policies should realign to ensure that the | |
workforce, while adaptable and able to handle the bulk of the USCIS mission, | |
is not allowed to be pulled off mission work to focus on unlawful programs | |
(DACA, mass parole for Afghans, Ukrainians, Venezuelans, etc.), which | |
divert resources away from nuclear family and employment programs. | |
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Improve the integrity of the temporary work visa programs; | |
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Repeal Temporary Protected Status (TPS) designations; | |
— 145 — | |
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The regulatory agenda should include the immediate submission of notices of | |
proposed rulemaking for the Trump Administration’s public charge rule (including aspects from its original notice of proposed rulemaking), temporary work | |
visa reform, employment authorization reform rules, asylum bars rule, and a | |
third-country transit rule. At a minimum, an enhanced regulatory agenda should | |
include rules strengthening the integrity of the asylum system, parole reform, and | |
U visa reform that prioritizes relief for victims of heinous crimes and ensures that | |
we protect the truest and most deserving victims of crime. | |
Not all policy changes require formal rulemaking, however, as internal guidance | |
documents are generally exempt under the Administrative Procedure Act (APA).7 | |
In this subregulatory space, USCIS policy memos and operational guidance should | |
reduce the validity of employment authorization documents and end the COVID | |
flexibilities, including the reliance on biometrics reuse. USCIS should also enforce | |
existing regulations by rejecting incomplete applications and petitions, ensuring | |
both that they are completed before accepted for filing and that FDNS signs off on | |
all approved applications and petitions before approval notices are sent to the alien | |
or petitioner. Other efforts should be focused on adjudication standards returning | |
to nearly 100 percent interview requirements for all appropriate cases. | |
The incoming Administration should spearhead an immigration legislative | |
agenda focused on creating a merit-based immigration system that rewards highskilled aliens instead of the current system that favors extended family–based and | |
luck-of-the-draw immigration. To that end, the diversity visa lottery should be | |
repealed, chain migration should be ended while focusing on the nuclear family, | |
and the existing employment visa program should be replaced with a system to | |
award visas only to the “best and brightest.” | |
Internal efforts to limit employment authorization should be matched by congressional action to narrow statutory eligibility to work in the United States and | |
mitigate unfair employment competition for U.S. citizens. The oft-abused H-1B | |
program should be transformed into an elite program through which employers | |
are vying to bring in only the top foreign workers at the highest wages so as not to | |
depress American opportunities. Additionally, Congress should: | |
Mandate for Leadership: The Conservative Promise | |
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Permanently authorize and make mandatory E-Verify; and | |
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End parole abuse by legislating specific parole standards. | |
USCIS should make it clear that where no court jurisdiction exists, it will not | |
honor court decisions that seek to undermine regulatory and subregulatory efforts. | |
Finally, USCIS still requires access to all relevant national security and law enforcement databases in the same vein as any other agency in the intelligence space. This | |
is a key concept that should be addressed as USCIS is returned to functioning | |
primarily as a vetting agency. | |
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Budget | |
USCIS is primarily fee-funded, operating on revenue derived by those who are | |
seeking immigration benefits, work permits, and naturalization. The total agency | |
budget requested for fiscal year (FY) 2023, including both fees and a small appropriation, is slightly less than $6 billion.8 The bulk of funds are derived from application | |
fees through the Immigrant Examinations Fee Account. As a general principle, adjudication of applications and petitions should be paid by applicants, not American | |
taxpayers. It is critical that any changes in the budget, even in the wake of a realigned | |
agency combined with ICE and CBP, should retain a fee-funded model. | |
Given the Obama and Biden Administrations’ lack of will, fees should be | |
increased agencywide to keep in step with inflation and the true cost of the adjudications. The incoming Administration should immediately submit a fee rule | |
that reflects such an increase. Aside from an increase in all fees, the rule should | |
drastically limit the availability for fee waivers and should implement a fee for | |
asylum applications. Additionally, Congress should allow for a 10 percent acrossthe-board increase in all fees for all fee rules to account for the fact that new fee | |
rules always lag behind budget requirements. | |
USCIS should strive to increase opportunities for premium processing, a benefit by which applicants can expedite their processing times. While this places | |
time burdens on adjudicators, it provides an opportunity for a significant influx | |
of money into the agency, which is not currently available. While simply raising | |
fees to the necessary levels to make the agency run efficiently would be preferable, without the need for expanded premium processing, this short-term measure | |
should be utilized, particularly if longer-term fee rules are unsuccessful. | |
At least until USCIS is caught up on all case backlogs, all applicants rejected for | |
any benefit or status adjudication should be required to leave the U.S. immediately. | |
Ordinary process can resume once all case backlogs have been adjudicated. | |
Finally, USCIS should pause the intake of applications in a benefit category | |
when backlogs in that category become excessive. Once USCIS adjudicators can | |
decrease that caseload to a manageable number, application intake should resume. | |
— 146 — | |
Department of Homeland Security | |
Personnel | |
USCIS should be classified as a national security–sensitive agency, and all of | |
its employees should be classified as holding national security–sensitive positions. Leaks must be investigated and punished as they would be in a national | |
security agency, and the union should be decertified. Any employees who cannot | |
accept that change and cannot conform their behavior to the standards required | |
by such an agency should be separated. USCIS’s D.C. personnel presence should | |
be skeletal, and agency employees with operational or security roles should be | |
rotated out to offices throughout the United States. These USCIS employees | |
should live and work in the communities that are most affected by their daily | |
duties and decisions. | |
NECESSARY BORDER AND IMMIGRATION STATUTORY, | |
REGULATORY, AND ADMINISTRATIVE CHANGES | |
Legislative Proposals | |
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Title 42 authority in Title 8. Create an authority akin to the Title 42 | |
Public Health authority that has been used during the COVID-19 pandemic | |
to expel illegal aliens across the border immediately when certain nonhealth conditions are met, such as loss of operational control of the border. | |
Mandatory appropriation for border wall system infrastructure. The | |
monies appropriated would be used to fund the construction of additional | |
border wall systems, technology, and personnel in strategic locations in | |
accordance with the Border Security Improvement Plan (BSIP). | |
Appropriation for Port of Entry infrastructure. Border security is not | |
addressed solely by systems in between the ports of entry. POEs require | |
technology and physical upgrades as well as an influx of personnel to meet | |
capacity demands and act as the literal gatekeepers for the country. This is | |
the first line of defense against drug and human smuggling operations. | |
— 147 — | |
| |
The current border security crisis was made possible by glaring loopholes | |
in our immigration system. The result was a preventable and predictable historic increase in illegal and inadmissible encounters along our southern border. | |
This pulled limited resources from the front lines of our nation’s borders and | |
away from their national security mission, releasing a vast and complex set | |
of threats into our country. To regain our sovereignty, integrity, and security, | |
Congress must pass meaningful legislation to close the current loopholes and | |
prevent future Administrations from exploiting them for political gain or personal ideology. | |
Mandate for Leadership: The Conservative Promise | |
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Unaccompanied minors | |
1. | |
Congress should repeal Section 235 of the William Wilberforce | |
Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA),9 | |
which provides numerous immigration benefits to unaccompanied | |
alien children and only encourages more parents to send their children | |
across the border illegally and unaccompanied. These children too often | |
become trafficking victims, which means that the TVPRA has failed. | |
2. If an alternative to repealing Section 235 of the TVPRA is necessary, | |
the section should be amended so that all unaccompanied children, | |
regardless of nationality, may be returned to their home countries in a | |
safe and efficient manner. Currently, the TVPRA allows only children | |
from contiguous countries (Canada and Mexico) to be returned while | |
every other unaccompanied minor must be placed into a lengthy | |
process that usually results in the minor’s landing in the custody of an | |
illegal alien family member. | |
| |
3. Congress must end the Flores Settlement Agreement by explicitly | |
setting nationwide terms and standards for family and unaccompanied | |
detention and housing. Such standards should focus on meeting human | |
needs and should allow for large-scale use of temporary facilities (for | |
example, tents). | |
4. Congress should amend the Homeland Security Act and portions of | |
the TVPRA to move detention of alien children expressly from the | |
Department of Health and Human Services to DHS. | |
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Asylum reform | |
1. | |
The standard for a credible fear of persecution should be raised and | |
aligned to the standard for asylum. It should also account specifically for | |
credibility determinations that are a key element of the asylum claim. | |
2. Codify former asylum bars and third-country transit rules. | |
3. Congress should eliminate the particular social group protected ground | |
as vague and overbroad or, in the alternative, provide a clear definition | |
with parameters that at a minimum codify the holding in Matter of A-Bthat gang violence and domestic violence are not grounds for asylum.10 | |
— 148 — | |
Department of Homeland Security | |
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Parole reform. Congress should end the widespread abuse of parole in | |
contravention of statute and return it to its origins as an extraordinary | |
remedy for very limited purposes. | |
NGOs and processing. Congress should halt funds given to | |
nongovernmental organizations (NGOs) to process and transport | |
illegal aliens into and throughout the United States. Such funds and | |
infrastructure, including the DHS joint processing centers, should be | |
redirected to secure the border, detain aliens, and provide space for | |
immigration court proceedings. | |
Other pathways for border crossers. While Congress should use its | |
oversight authority to ensure that Expedited Removal is used to the fullest | |
extent and followed to the letter of the law, other paths for border crossers | |
should be included in a legislative package. | |
1. | |
Migrant protection protocols. Update the statutory language | |
providing the basis for the Remain in Mexico program as needed to | |
withstand judicial scrutiny and executive inaction. | |
3. Other expedited pathways. Congress should explicitly permit | |
programs akin to the Prompt Asylum Claim Review (PACR) and | |
Humanitarian Asylum Review Process (HARP) programs. | |
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Employment authorization | |
1. | |
Congress should reassert control of employment authorization, which is | |
subject to rampant regulatory abuse, and limit it to certain categories of | |
legal immigrants and non-immigrants. | |
2. Congress should also permanently authorize E-Verify and make | |
it mandatory. | |
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State and local law enforcement | |
— 149 — | |
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2. Asylum Cooperative Agreements. While the agreements themselves | |
must be negotiated, Congress should mandate that the executive branch | |
work faithfully to negotiate and execute ACAs and set parameters | |
to ensure that an unwilling executive cannot renege on an existing | |
agreement or abandon the effort. | |
Mandate for Leadership: The Conservative Promise | |
1. | |
Congress should unequivocally authorize state and local law | |
enforcement to participate in immigration and border security actions | |
in compliance with Arizona v. United States.11 | |
2. Congress should require compliance with immigration detainers to | |
the maximum extent consistent with the Tenth Amendment and set | |
financial disincentives for jurisdictions that implement either official or | |
unofficial sanctuary policies. | |
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Prosecutorial discretion. Congress should restrict the authority for | |
prosecutorial discretion to eliminate it as a “catch-all” excuse for limiting | |
immigration enforcement. | |
Mandatory detention. Congress should eliminate ambiguous | |
discretionary language in Title 8 that aliens “may” be detained and clarify | |
that aliens “shall” be detained. This language, which contrasts with other | |
“shall detain” language in statute, creates unhelpful ambiguity and allows the | |
executive branch to ignore the will of Congress. | |
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Regulations | |
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Withdraw Biden Administration regulations and reissue new | |
regulations in the following areas: | |
1. | |
Credible Fear/Asylum Jurisdiction for Border Crossers. | |
2. Public Charge. | |
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T-Visa and U-Visa reform. Unless and until T and U visas are repealed, | |
each program needs to be reformed to ensure that only legitimate victims | |
of trafficking and crimes who are actively providing significant material | |
assistance to law enforcement are eligible for spots in the queue. | |
Repeal TPS designations. | |
H-1B reform. Transform the program into an elite mechanism | |
exclusively to bring in the “best and brightest” at the highest wages while | |
simultaneously ensuring that U.S. workers are not being disadvantaged by | |
the program. H-1B is a means only to supplement the U.S. economy and to | |
keep companies competitive, not to depress U.S. labor markets artificially in | |
certain industries. | |
— 150 — | |
Department of Homeland Security | |
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Employment authorization. Along with the legislative proposal, take | |
regulatory action to limit the classes of aliens eligible for work authorization. | |
Executive Orders | |
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Pathways for border crossers | |
1. | |
Direct the Department of State and the Department of Homeland | |
Security to reinstate Asylum Cooperative Agreements with Northern | |
Triangle Countries immediately. | |
2. Recommence negotiations with Mexico to fully implement the Remain | |
in Mexico Protocols. | |
3. Reinstate, to the extent possible, expedited pathways with full credible | |
fear/immigration court process (PACR and HARP). | |
4. Prohibit the use of Notices to Report, the use of any funds for travel | |
into the interior of the United States, and government flights or | |
transportation for aliens. | |
6. Eliminate the use of ATD for border crossers except in rare cases and | |
only with the explicit authority of the Secretary. | |
7. | |
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Prohibit the use of parole except in matters that are certified by the | |
Secretary of Homeland Security as requiring action for humanitarian or | |
significant public benefit reasons, and prohibit the use of parole in any | |
categorical circumstance. | |
Enforcement | |
1. | |
Restrict prosecutorial discretion to eliminate it as a “catch-all” excuse | |
for limiting immigration enforcement. | |
2. Mandate the use of E-Verify for anyone doing business with | |
the government. | |
— 151 — | |
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5. Mandate that ICE use all detention space in full compliance with | |
Section 235 of the INA, issue weekly reports on detention capacity, and | |
provide authority for low-level temporary capacity (for example, tents) | |
once permanent space is full. | |
Mandate for Leadership: The Conservative Promise | |
3. Designate USCIS as Intelligence Community–adjacent, ensuring that it | |
has access to national security and law enforcement databases. | |
4. Rescind all memoranda limiting enforcement of immigration laws | |
including those identifying sensitive zones. | |
5. End ICE’s widespread use of termination and administrative closure of | |
cases in immigration court. | |
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Averting or curtailing a mass migration event | |
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1. | |
Provide that whenever the Secretary of Homeland Security determines | |
that an actual or anticipated mass migration of aliens en route to or | |
arriving off the coast of the U.S. presents urgent circumstances requiring | |
an immediate federal response, the Secretary may make, subject to the | |
approval of the President, rules and regulations prohibiting in whole or | |
in part the introduction of persons from such countries or places as he | |
or she shall designate in order to avert or curtail such mass migration | |
and for such period of time as is deemed necessary, including through | |
the expulsion of such aliens. Such rule and regulation making shall not | |
be subject to the requirements of the Administrative Procedures Act. | |
2. Provide that notwithstanding any other provision of law, when the | |
Secretary makes such a determination and then promulgates, subject to | |
the approval of the President, such rules and regulations, the Secretary | |
shall have the authority to waive all legal requirements of Title 8 that | |
the Secretary, in his or her sole discretion, determines are necessary to | |
avert or curtail the mass migration. | |
Subregulatory Matters | |
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USCIS priorities/structural changes | |
1. | |
Ensure that focus is returned to vetting, base eligibility of applicants, | |
and fraud detection. | |
2. Realign the Fraud Detection and National Security Directorate (FDNS) | |
to ensure agencywide consistency on implementation of fraud detection | |
and vetting policies. | |
3. Review and repeal any internal agency memo that is inconsistent with | |
the priorities described in this chapter. | |
— 152 — | |
Department of Homeland Security | |
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287(g) program. Issue a memo prohibiting any jurisdiction that applies | |
from being denied access to the program unless good cause is shown. | |
Homeland Security Investigations (HSI) priorities. Issue Department | |
Management Directive (and ICE companion Directive) to refocus HSI | |
on immigration offenses and criminal offenses typically associated with | |
immigration (for example, human trafficking). All criminal investigative | |
work without a clear nexus to the border or otherwise to Title 8 should be | |
turned over to the appropriate federal agency. | |
Blackie’s Warrants. ICE OPLA, ERO, and HSI should issue a joint internal | |
memo on operationalizing Blackie’s Warrants for immediate use on | |
worksite enforcement and other appropriate investigations and operations. | |
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) | |
Needed Reforms | |
— 153 — | |
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FEMA is the lead federal agency in preparing for and responding to disasters, | |
but it is overtasked, overcompensates for the lack of state and local preparedness | |
and response, and is regularly in deep debt. After passage of the 1988 Stafford Act,12 | |
the number of declared federal disasters rose dramatically as most disaster costs | |
were shifted from states and local governments to the federal government. In | |
addition, state-friendly FEMA regulations, such as a “per capita indicator,” failed | |
to maintain the pace of inflation and made it easy to meet disaster declaration | |
thresholds. This combination has left FEMA unprepared in both readiness and | |
funding for the truly catastrophic disasters in which its services are most needed. | |
Reform of FEMA requires a greater emphasis on federalism and state and local | |
preparedness, leaving FEMA to focus on large, widespread disasters. | |
Under the Stafford Act, FEMA has the authority to adjust the per capita indicator for damages, which creates a threshold under which states and localities are | |
not eligible for public assistance. FEMA should raise the threshold because the per | |
capita indicator has not kept pace with inflation, and this over time has effectively | |
lowered the threshold for public assistance and caused FEMA’s resources to be | |
stretched perilously thin. Alternatively, applying a deductible could accomplish | |
a similar outcome while also incentivizing states to take a more proactive role in | |
their own preparedness and response capabilities. In addition, Congress should | |
change the cost-share arrangement so that the federal government covers 25 percent of the costs for small disasters with the cost share reaching a maximum of 75 | |
percent for truly catastrophic disasters. | |
FEMA is also responsible for the National Flood Insurance Program (NFIP), | |
nearly all of which is issued by the federal government. Washington provides | |
Mandate for Leadership: The Conservative Promise | |
insurance at prices lower than the actuarially fair rate, thereby subsidizing flood | |
insurance. Then, when flood costs exceed NFIP’s revenue, FEMA seeks taxpayer-funded bailouts. Current NFIP debt is $20.5 billion, and in 2017, Congress | |
canceled $16 billion in debt when FEMA reached its borrowing authority limit. | |
These subsidies and bailouts only encourage more development in flood zones, | |
increasing the potential losses to both NFIP and the taxpayer. The NFIP should | |
be wound down and replaced with private insurance starting with the least risky | |
areas currently identified by the program. | |
| |
Budget Issues | |
FEMA manages all grants for DHS, and these grants have become pork for states, | |
localities, and special-interest groups. Since 2002, DHS/FEMA have provided | |
more than $56 billion in preparedness grants for state, local, tribal, and territorial | |
governments. For FY 2023, President Biden requested more than $3.5 billion for | |
federal assistance grants.13 Funds provided under these programs do not provide | |
measurable gains for preparedness or resiliency. Rather, more than any objective | |
needs, political interests appear to direct the flow of nondisaster funds. | |
The principles of federalism should be upheld; these indicate that states better | |
understand their unique needs and should bear the costs of their particularized | |
programs. FEMA employees in Washington, D.C., should not determine how billions of federal tax dollars should be awarded to train local law enforcement officers | |
in Texas, harden cybersecurity infrastructure in Utah, or supplement migrant | |
shelters in Arizona. DHS should not be in the business of handing out federal tax | |
dollars: These grants should be terminated. Accomplishing this, however, will | |
require action by Members of Congress who repeatedly vote to fund grants for | |
political reasons. The transition should focus on building resilience and return | |
on investment in line with real threats. | |
Personnel | |
FEMA currently has four Senate-confirmed positions. Only the Administrator | |
should be confirmed by the Senate; other political leadership need not be confirmed by the Senate. Additionally, FEMA’s “springing Cabinet position” should be | |
eliminated, as this creates significant unnecessary challenges to the functioning of | |
the whole of DHS at points in time when coordinated responses are most needed. | |
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA) | |
Needed Reforms | |
CISA is supposed to have two key roles: (1) protection of the federal civilian | |
government networks (.gov) while coordinating the execution of national cyber | |
defense and sharing information with non-federal and private-sector partners | |
— 154 — | |
Department of Homeland Security | |
U.S. COAST GUARD (USCG) | |
Needed Reforms | |
The U.S. Coast Guard fleet should be sized to the needs of great-power competition, specifically focusing efforts and investment on protecting U.S. waters, all | |
while seeking to find (where feasible) more economical ways to perform USCG | |
missions. The scope of the Coast Guard’s mission needs to be focused on protecting | |
U.S. resources and interests in its home waters, specifically its Exclusive Economic | |
Zone (200 miles from shore). USCG’s budget should address the growing demand | |
for it to address the increasing threat from the Chinese fishing fleet in home waters | |
as well as narcotics and migrant flows in the Caribbean and Eastern Pacific. Doing | |
this will require reversing years of shortfalls in shipbuilding, maintenance, and | |
upgrades of shore facilities as well as seeking more cost-effective ship and facility | |
designs. In wartime, the USCG supports the Navy, but it has limited capability and | |
capacity to support wartime missions outside home waters. | |
— 155 — | |
| |
and (2) national coordination of critical infrastructure security and resilience. Yet | |
CISA has rapidly expanded its scope into lanes where it does not belong, the most | |
recent and most glaring example being censorship of so-called misinformation | |
and disinformation. | |
CISA’s funding and resources should align narrowly with the foregoing two | |
mission requirements. The component’s emergency communications and Chemical Facility Anti-Terrorism Standards (CFATS) roles should be moved to FEMA; | |
its school security functions should be transferred to state homeland security | |
offices; and CISA should refrain from duplicating cybersecurity functions done | |
elsewhere at the Department of Defense, FBI, National Security Agency, and U.S. | |
Secret Service. | |
Of the utmost urgency is immediately ending CISA’s counter-mis/disinformation efforts. The federal government cannot be the arbiter of truth. CISA began | |
this work because of alleged Russian misinformation in the 2016 election, which | |
in fact turned out to be a Clinton campaign “dirty trick.” The Intelligence Community, including the NSA or DOD, should counter foreign actors. At the time of this | |
writing, release of the Twitter Files has demonstrated that CISA has devolved into | |
an unconstitutional censoring and election engineering apparatus of the political | |
Left. In any event, the entirety of the CISA Cybersecurity Advisory Committee | |
should be dismissed on Day One. | |
For election security, CISA should help states and localities assess whether | |
they have good cyber hygiene in their hardware and software in preparation for | |
an election—but nothing more. This is of value to smaller localities, particularly by | |
flagging who is attacking their websites. CISA should not be significantly involved | |
closer to an election. Nor should it participate in messaging or propaganda. | |
Mandate for Leadership: The Conservative Promise | |
| |
New Policies | |
The Coast Guard’s mission set should be scaled down to match congressional budgeting in the long term, with any increased funding going to acquisitions | |
based on an updated Fleet Mix Analysis. The current shipbuilding plan is insufficient based on USCG analysis, and the necessary numbers of planned Offshore | |
Patrol Cutters and National Security Cutters are not supported by congressional | |
budgets. The Coast Guard should be required to submit to Congress a long-range | |
shipbuilding plan modeled on the Navy’s 30-Year Shipbuilding Plan. Ideally this | |
should become part of the Navy plan in a new comprehensive naval long-range | |
shipbuilding plan to ensure better coherency in the services’ requirements. | |
Outside of home waters, and following the Caribbean and Eastern Pacific, the | |
Coast Guard should prioritize limited resources to the nation’s expansive Pacific | |
waters to counter growing Chinese influence and encroachment. Expansion of | |
facilities in American Samoa and basing of cutters there is one clear step in this | |
direction and should be accelerated; looking to free association states (Palau, the | |
Federated States of Micronesia, and the Republic of the Marshall Islands) for | |
enhanced and persistent presence, assuming adequate congressional funding, is | |
another such step. | |
The Secretary of the Navy should convene a naval board to review and reset | |
requirements for Coast Guard wartime mission support. To inform and validate | |
these updated requirements, the Chief of Naval Operations and the Coast Guard | |
Commandant should execute dedicated annual joint wartime drills focused on | |
USCG’s wartime missions in the Pacific (the money for these activities should be | |
allocated from DOD). An interagency maritime coordination office focused on | |
developing and overseeing comprehensive efforts to advance the nation’s maritime interests and increase its military and commercial competitiveness should | |
be established. | |
Given the USCG’s history of underfunded missions, if the Coast Guard is to continue to maintain the Arctic mission, money to do so adequately will be required | |
over and above current funding levels. Consideration should be given to shifting | |
the Arctic mission to the Navy. Either way, the Arctic mission should be closely | |
coordinated with our Canadian, Danish, and other allies. | |
Personnel | |
USCG is facing recruitment challenges similar to those faced by the military | |
services. The Administration should stop the messaging on wokeness and diversity | |
and focus instead on attracting the best talent for USCG. Simultaneously, consistent with the Department of Defense, USCG should also make a serious effort to | |
re-vet any promotions and hiring that occurred on the Biden Administration’s | |
watch while also re-onboarding any USCG personnel who were dismissed from | |
service for refusing to take the COVID-19 “vaccine,” with time in service credited | |
— 156 — | |
Department of Homeland Security | |
to such returnees. These two steps could be foundational for any improvements | |
in the recruiting process. | |
U.S. SECRET SERVICE (USSS) | |
Needed Reforms | |
New Policies | |
USSS should transfer to the Department of Justice and Department of the | |
Treasury all investigations that are not related to its protective function. It should | |
begin the logistical operation of closing all field offices throughout the country and | |
internationally to the extent they are not taken over by Treasury or Justice. USSS | |
agents stationed outside of Washington, D.C., should be transferred to work in | |
Immigration and Customs Enforcement field offices where they would continue to | |
be the “boots on the ground” to follow up on threat reports throughout the country | |
and liaise with local law enforcement for visits by protectees. | |
— 157 — | |
| |
The U.S. Secret Service must be the world’s best protective agency. Currently, the | |
agency is distracted by its dual mission of protection and financial investigations. | |
The result has been a long series of high-profile embarrassments and security failures, perhaps most notably its allowing of then-Vice President-elect Kamala Harris | |
to be inside the Democratic National Committee office on January 6, 2021, while | |
a pipe bomb was outside. Despite the great size and scope of the January 6 investigation, this high-profile incident of danger to a protectee remains unresolved. | |
The failures of the USSS protective mission are too numerous to list here. A | |
December 2015 bipartisan report from the House Oversight Committee listed | |
dozens of such incidents as well as needed recommendations for reform.14 This | |
chapter adopts those findings and recommendations in whole, especially the | |
finding that USSS’s dual-mission structure detracts from the agency’s protective | |
capabilities. | |
At the time of that report, USSS agents spent only one-third of their work hours | |
on protection-related activities as opposed to investigative activities. USSS was | |
established initially to investigate counterfeit currency, but its mission has evolved | |
over the decades to prioritize electronic financial crimes. For example, as this chapter was being written, all 15 of the USSS’s most wanted individuals were wanted | |
for financial crimes, many of them international in nature. | |
Notably, the last head of the agency left not for a protection-related job, but to be | |
the Chief Security Officer of social media company SnapChat. This is a pattern that | |
has developed over the years, with agents seeking to burnish their online financial | |
crimes credentials to secure corporate security jobs. Coupled with some of the | |
lowest morale in the federal government, the agency has completely lost sight of | |
the primacy of its protective mission. | |
Mandate for Leadership: The Conservative Promise | |
The only investigations not related to USSS’s protective function that agents | |
should pursue would be directed by HSI and relate to tracking the financial crimes | |
associated with illegal immigration. This should include tracing remittances, any | |
funds that are used to pay coyotes or the cartels, and payments by businesses to | |
illegal aliens and all other crimes associated with illegal immigration. | |
USSS should keep visitor logs for all facilities where the President works or | |
resides. The Biden Administration has evaded such transparency with President | |
Biden spending a historic amount of time for a President at his Delaware residence. | |
This has left the American people in the dark as to who is influencing the highest | |
levels of their own government. | |
Budget | |
The suggested reforms would result in a significant USSS budget reduction, | |
primarily because the agency would relinquish dozens of physical offices throughout the U.S. and internationally. Some amount of savings should be used to fix the | |
personnel problems and for recruitment initiatives aimed at individuals who are | |
inclined to join a protection-focused agency. | |
| |
Personnel | |
As documented extensively in the above-referenced 2015 bipartisan congressional report, low morale and high turnover are key drivers of USSS problems. With | |
their mission focused on protection, agents would no longer spend the bulk of | |
their time developing unrelated skillsets. Instead, USSS agents could hone their | |
protection skills and pursue a protection career path in the agency rather than | |
quickly leaving USSS for high-paying corporate security jobs. | |
The Uniform Division (UD) of USSS requires a significant staffing increase. | |
As documented in the bipartisan report, understaffing results in unpredictable | |
and long hours, which in turn result in high turnover, which only compounds | |
the problem. | |
Another key issue is that UD officers lack the ability to enforce criminal laws | |
outside the immediate vicinity of the White House. As the District of Columbia | |
is a federal jurisdiction and currently is beholden to the trend of progressive procrime policies, UD officers should enforce all applicable laws. The result would | |
be to allow UD officers to gain more law enforcement experience—an attractive | |
credential that would improve morale. | |
TRANSPORTATION SECURITY ADMINISTRATION (TSA) | |
The TSA model is costly and unwisely makes TSA both the regulator and the | |
regulated organization responsible for screening operations. As part of an effort | |
to shrink federal bureaucracies and bring private-sector know-how to government programs, TSA is ripe for reform. The U.S. should look to the Canadian and | |
— 158 — | |
Department of Homeland Security | |
European private models of providing aviation screening manpower to lower TSA | |
costs while maintaining security. Until it is privatized, TSA should be treated as a | |
national security provider, and its workforce should be deunionized immediately. | |
TSA could privatize the screening function by expanding the current Screening | |
Partnership Program (SPP) to all airports. TSA would turn screening operations | |
over to airports that would choose security contractors that meet TSA regulations | |
and would oversee and test airports for compliance. Alternatively, it could adopt | |
a Canadian-style system, turning over screening operations to a new government | |
corporation that contracts screening service to private contractors. Contractors | |
would bid to provide their services to a set of airports in a particular region, likely | |
with around 10 regions nationally. TSA would continue to set security regulations | |
and test airports for compliance, and the new corporation would establish any operating procedures or customer service standards. With either model, the intelligence | |
function for domestic travel patterns should remain with the U.S. government. | |
The federal government could expect to save 15 percent–20 percent from the | |
existing aviation screening budget, but savings could be significantly larger. Service | |
to travelers should also improve. | |
MANAGEMENT DIRECTORATE (MGMT) | |
— 159 — | |
| |
The Management Directorate is unnecessarily large because each individual | |
component also maintains its own respective management office. Too much overlap and red tape exist between headquarters (HQ) and components with regard | |
to such functions as hiring, information technology, and procurement. Finance | |
is unique given that HQ needs to address reprogramming, and component budgets need to roll up into all-department budgets. The Directorate requires intense | |
reform, the specifics of which should be further assessed given its expansive nature. | |
Front Office (FO). Immediately place a small team of advisers with a deep | |
understanding of operational management—but who have some experience in | |
government because they will need to understand the nuance of Reduction in Force | |
(RIF), appropriations hurdles when dealing with U.S. government reorganization, | |
etc.—to sit in the MGMT FO (reporting to the Secretary, ultimately either S1 or S2). | |
One of these advisers should understand U.S. government employment law and | |
be prepared to relocate personnel and downsize offices accordingly. This includes | |
reverting to the original understanding of the function of individuals appointed | |
to the Senior Executive Service: competent managers who can work capably with | |
any subject matter and in any location. | |
Over the first few months of the Administration, the advisers’ role should be | |
to assess what structural and procedural changes are appropriate. They should | |
dissect the current standing Management Directives and the approval processes | |
in place to implement and/or change them; Office of the Chief Human Capital | |
Officer’s processes and procedures; hurdles to the Office of Chief Procurement | |
| |
Mandate for Leadership: The Conservative Promise | |
Officer’s procurement of innovative technology; and the facilities plan, including | |
the consolidation into the St. Elizabeth’s campus. They should also be prepared | |
to help implement any end to unionization of DHS components in response to an | |
executive order pursuant to 5 U.S.C. 7103.15 | |
Office of the Chief Financial Officer (OCFO). DHS responsibilities to work with | |
Congress have been split between the Office of Legislative Affairs (OLA) and OCFO. | |
OLA deals with the authorizing committees on policy issues, and OCFO works with | |
the appropriations committees on budget planning, execution, and reprogramming. | |
This split creates communication and visibility issues within DHS and inconsistency in | |
answers to Congress. This is an issue not only within the HQ model, but also throughout the components. Either appropriations personnel should be moved to OLA and | |
there should be a “dotted line” reporting structure to OCFO, or a policy that OLA personnel must be included on communications to Congress should be implemented. | |
To avoid “answer shopping” by congressional staff, particularly appropriations | |
staff, all budget communications from the OCFO, including from the CFO him/ | |
herself, should first be provided to the Director of OLA to ensure consistency of | |
information, messaging, and answers. This may be deemed awkward given that the | |
OCFO is a Senate-confirmed position, but it is necessary to avoid inaccuracies and | |
inconsistencies in messaging. | |
Federal Protective Service (FPS). FPS needs federal agents to develop, share, | |
and receive operational information and maintain direct contact with the Secretary | |
in the midst of heightened threats. Before the summer 2020 civil unrest, positioning FPS under MGMT was justified, but given the current climate, they should not | |
be reporting through MGMT. This may be especially problematic if a Management | |
Directorate Under Secretary lacking law enforcement or military experience is in place | |
when a situation like summer 2020 arises. FPS should report to the Secretary as other | |
components (e.g., FLETC) do. This would add little to the Secretary’s current burden | |
unless or until civil unrest arises, at which point reporting to the Secretary creates a | |
direct line between the primary DHS decision-maker (S1 or S2) and the FPS Director. | |
Regarding operational communication, there should be information-sharing | |
mandates (MOAs)—which are applicable under specific circumstances where federal facilities are involved—between FPS and the U.S. Marshals, U.S. Park Police, | |
and FBI. Agreements with U.S. Capitol Police and Supreme Court Police should | |
also be considered, but it is noteworthy that those entities are jurisdictionally outside of the executive branch. | |
OFFICE OF STRATEGY, POLICY, AND PLANS (PLCY) | |
Department-Level Reforms. PLCY should perform a complete inventory, | |
analysis, and reevaluation of the department’s domestic terrorism lines of effort | |
to ensure that they are consistent with the President’s priorities, congressional | |
authorization, and Americans’ constitutional rights. | |
— 160 — | |
Department of Homeland Security | |
OFFICE OF INTELLIGENCE AND ANALYSIS (I&A) | |
The Office of Intelligence and Analysis should be eliminated both because | |
it has not added value and because it has been weaponized for domestic political purposes. | |
The Intelligence Community (IC) already provides raw intelligence to DHS | |
components. In addition, the FBI, National Counter Terrorism Center, and other | |
agencies where necessary already provide holistic threat assessment products to | |
federal, state, local, tribal, and territorial governments as well as to private-sector | |
entities at both the classified and unclassified levels where appropriate. I&A’s work | |
as an interlocuter between the IC and DHS components’ individual intelligence | |
operations on the one hand and government and the private sector on the other, | |
as well as between the IC and the components, is at best duplicative. At worst, it | |
is used and discussed in the media as a political tool, resulting in more harm than | |
good to the U.S. government and IC writ large. | |
The Cybersecurity and Infrastructure Security Agency, which is not a member | |
of the IC, should create cyber intelligence products in a collaborative fashion with | |
the National Security Agency and U.S. Cyber Command. Such efforts would lead | |
to timelier usable classified and unclassified products for stakeholders that exceed | |
the quality and capability of I&A’s efforts. This same principle applies to other | |
— 161 — | |
| |
PLCY should likewise do a complete inventory, analysis, and evaluation of any | |
of the department’s work, in coordination with social media outlets, to censor or | |
otherwise change or affect Americans’ speech. PLCY should comprehensively | |
report on and publish this history in full so that the American people can know | |
the facts. The department should remove all personnel who participated in any | |
of this activity. | |
The department has significant authority and budget to provide grants for various purposes. This effort is diffused across components and lacks central policy | |
thought and coordination. PLCY should set a departmentwide policy that establishes how granting choices are to be made and is consistent with the President’s | |
priorities. PLCY should clear all granting decisions to ensure that they are consistent with the new policy. | |
PLCY-Wide Reforms. PLCY should work with Congress to streamline the | |
department’s reporting requirements. Because there has not been a departmental reauthorization bill and these requirements have been added piecemeal over | |
two decades, they significantly overlap and even conflict—wasting resources and | |
distracting from the department’s mission. PLCY should seek the elimination of | |
the Quadrennial Homeland Security Review. | |
Issue-Area Reforms. PLCY should bolster its Immigration Statistics program | |
and make it the one-stop shop for the timely production of all department immigration statistics and analysis. | |
Mandate for Leadership: The Conservative Promise | |
components as well: CBP, TSA, etc. all have their own intelligence operations and | |
are better situated with their subject-matter experts to make their own assessments. | |
The National Operations Center (NOC) within the Office of Operations Coordination (OPS) should absorb those select I&A functions and tactically proficient | |
personnel that need to be maintained (for example, technical support to the | |
National Vetting Center). The remainder of I&A should be eliminated. The OPS | |
entity should maintain IC status, and the only intelligence mission set should be | |
to provide situational awareness and the dissemination of operational information | |
or raw intelligence (no analysis or products) at classified and unclassified levels to | |
executive leadership across the department, not outside of DHS. | |
OFFICE OF THE GENERAL COUNSEL (OGC) | |
| |
Needed Reforms | |
OGC should advise principals as to how DHS can execute its missions within | |
the law instead of advising principals as to why they cannot execute regulations, | |
policies, and programs. | |
Instead of each component’s chief counsel reporting to the Headquarters General Counsel (with a solid line) and indirectly to his or her component head (with | |
a dotted line), the accountability should be reversed. Due to the different missions | |
throughout the department, the components can better manage the legal issues | |
of their specific mission than headquarters can. Thus, the chief counsel (or equivalent) of each component should report directly to the component head, report | |
indirectly to the DHS General Counsel, and be accountable to the component head. | |
The report to the General Counsel is to ensure consistency of advice across DHS. | |
OGC should hire significantly more Schedule C/political appointees who in | |
turn supervise career staff and manage their output. DHS’s mission is politically | |
charged, and the legal function cannot be allowed to thwart the Administration’s | |
agenda by providing stilted or erroneous legal positions and decision-making. | |
OGC should serve as the center of the response to the legal challenges facing the | |
department to ensure a streamlined, consistent response to a litany of issues facing | |
the department. It is important to ensure consistency across all potential legal | |
positions taken by the department, including those arising in litigation, congressional oversight, and inquiries received from the Inspector General, U.S. Government | |
Accountability Office (GAO), and Congressional Research Service and pursuant to | |
the Freedom of Information Act. | |
OGC should invest in e-discovery software and contract with a vendor to manage | |
the department’s e-discovery. This would be beneficial both in litigation and in | |
responding to congressional oversight. Removing delays in e-discovery processing | |
would also reduce the issuance of subpoenas to the department and the generation | |
of negative press for the Administration that comes from delayed responses. | |
— 162 — | |
Department of Homeland Security | |
The old practice of relying on Executive Secretary taskings to pull documents for | |
congressional requests does not work: It is slow, the metrics for what documents | |
are gathered and how are unclear, and the components do not gather responsive | |
material in an efficient manner. Document gathering should come from the Office | |
of the Chief Information Officer or a relevant technological element within the | |
department that can pull responsive communications quickly. | |
OFFICE OF LEGISLATIVE AFFAIRS (OLA); OFFICE | |
OF PUBLIC AFFAIRS (OPA); AND OFFICE OF | |
PARTNERSHIP AND ENGAGEMENT (OPE) | |
— 163 — | |
| |
DHS’s external communications function should be consolidated and reformed | |
so that the President’s agenda can be implemented more effectively. The Office of | |
Partnership and Engagement should be merged into the Office of Public Affairs. | |
In many Cabinet agencies, outreach to companies and partner organizations is | |
similarly performed by the Office of Public Affairs. This would also accomplish a | |
needed DHS organizational and management reform to decrease the number of | |
direct reports to the Secretary. | |
Both public and legislative affairs staff in the components should report directly | |
to their respective headquarters equivalent. This would help to avoid a failure by | |
the department to speak with one voice. It would also allow the component staff to | |
perform more efficiently, overseen by expert managers in their trade. This would | |
also allow DHS to respond to crises effectively by shifting staff as needed to the | |
most pressing issues and better use underutilized staff at less active components. | |
Only political appointees in OLA should interact directly with congressional staff | |
on all inquiries, including budget and appropriations matters. To prevent congressional staff from answer shopping among HQ OLA, the DHS OCFO, and components, | |
DHS legislative affairs appropriations staff should be moved from MGMT OCFO | |
into OLA. Regarding components, budget/appropriations staff should move from | |
component budget offices into component legislative affairs offices. | |
Because dozens of congressional committees and subcommittees either have or | |
claim to have jurisdiction over some DHS function, DHS staff from the Secretary | |
on down spend so much time responding to congressional hearing and briefing | |
requests, letters, and questions for the record that they are left with little time | |
to do their assigned job of protecting the homeland. The next President should | |
reach an agreement with congressional leadership to limit committee jurisdiction | |
to one authorizing committee and one appropriations committee in each chamber. If congressional leadership will not limit their committees’ jurisdiction over | |
DHS, DHS should identify one authorizing and appropriations committee in each | |
chamber and answer only to it. | |
To focus more precisely on the DHS mission, OLA staff should also identify | |
outdated and needless congressional reporting requirements and notify Congress | |
Mandate for Leadership: The Conservative Promise | |
that DHS will cease reporting on such matters. For other congressional reports, | |
OLA should implement a sunset date so that Congress must regularly demonstrate | |
the need for specific data. | |
In both OPA and OLA, a change in mission and culture is needed. The clients | |
of both components are the President and the Secretary, not the media, external | |
organizations, or Congress. OPA and OLA should change from being compliance | |
correspondents for outside entities airing grievances to serving as messengers and | |
advocates for the President and the Secretary. | |
| |
OFFICE OF OPERATIONS COORDINATION (OPS) | |
OPS was originally conceived by then-Secretary Jeh Johnson as an entity tasked | |
with coordinating cross-DHS assets on an as-needed basis using a joint operations | |
approach. This role is particularly challenging because of the disparate nature of | |
mission sets across DHS. | |
OPS should absorb a very small number of tactical intelligence professionals from | |
I&A as the rest of I&A is shut down. Such intelligence officers would be a subordinate | |
element within OPS placed within the National Operations Center. The intelligence | |
officers would provide tactical intelligence support for upcoming or ongoing operations in addition to liaising with their agency/component counterparts. There would | |
be no strategic intelligence analysis done as part of OPS or its new I&A sub-element. | |
In addition to facilitating all-of-DHS coordination on a task-by-task basis, OPS | |
would be responsible for ongoing situational awareness for the Secretary and | |
Deputy Secretary. | |
In addition to long-term staffing, OPS would have cycling billets from each of | |
the major agencies and components to facilitate its most effective working relationships across DHS. | |
OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES | |
(CRCL) AND PRIVACY OFFICE (PRIV) | |
The Homeland Security Act established only an Officer of CRCL, not an office. | |
The only substantive function Congress then assigned to the officer was to review | |
and assess information alleging abuses of civil rights. Since then, Congress and | |
CRCL itself have significantly expanded CRCL’s scope and size well beyond its | |
original intent or helpful purpose. CRCL now operates and views itself as a quasi- | |
DHS Office of Inspector General. This results in a considerable waste of limited | |
component resources, which are routinely tasked to address redundant, overly | |
burdensome, and uninformed demands from CRCL. It is therefore important to | |
recalibrate CRCL’s scope and reach. | |
The organizational structure of both CRCL and the Privacy Office should be | |
changed to ensure proper alignment with the department’s mission. The Office | |
of General Counsel should absorb both CRCL’s and PRIV’s necessary functions | |
— 164 — | |
Department of Homeland Security | |
OFFICE OF THE IMMIGRATION DETENTION OMBUDSMAN | |
(OIDO) AND OFFICE OF THE CITIZENSHIP AND | |
IMMIGRATION SERVICES OMBUDSMAN (CISOMB) | |
OIDO. The Office of the Immigration Detention Ombudsman should be | |
eliminated. This requires a statutory change in Section 106 of the Consolidated | |
Appropriations Act of 2020.18 | |
OIDO was designed to create another impediment to detention through an | |
additional layer of so-called oversight. Several agencies already perform detention | |
oversight. ICE conducts internal audits of facilities and investigates complaints | |
against ICE agents through the Office of Professional Responsibility. Similarly, CBP | |
accepts individual complaints regarding facilities through the Joint Intake Center | |
— 165 — | |
| |
and staff. Although the CRCL Officer and the Freedom of Information Act (FOIA) | |
Officer/Privacy Officer are statutory, their offices are not mandatory. CRCL and | |
PRIV Officers and employees should report to a Deputy General Counsel, who | |
would be a political appointee. | |
The CRCL Officer should focus on equal employment opportunity (EEO) | |
compliance and the civil liberties function and investigate matters only within | |
Headquarters or support components. Operational components’ civil liberties officers should investigate incidents regarding their own agencies. The CRCL Officer | |
should ensure that all civil liberties or civil rights complaints are sent to the Office | |
of Inspector General (OIG) for review. If the OIG chooses not to investigate, the | |
CRCL Officer should only provide supportive information on possible courses of | |
action for complainants. | |
The PRIV Officer and FOIA Officer should focus on FOIA, Privacy Compliance | |
Policy, and Privacy Incident Response. The Deputy General Counsel should provide | |
guidance to DHS leadership regarding Privacy Compliance and Privacy Incident | |
Response. To ensure that only U.S. persons and Lawful Permanent Residents are | |
provided protections as required by the Privacy Act, all DHS issuances should be | |
updated to reflect that DHS protects the privacy of individuals as required by the | |
Privacy Act (U.S. persons and lawful permanent residents);16 the Judicial Redress | |
Act of 2015;17 and any U.S.–European Union Data Protection and Privacy Agreement. | |
Because of the lack of public trust in the Office of Intelligence and Analysis, | |
CRCL and PRIV staff should no longer review intelligence products or provide | |
guidance on any intelligence products or reports. | |
A consistent, clear, and singular message is necessary for DHS’s mission. | |
Therefore, all communications and/or meetings with any federal, state, local, or | |
nongovernment groups should be limited to the Deputy General Counsel. In addition, given the narrower scope of work, OGC should disband the outside advisory | |
boards and the more than 50 working groups in which CRCL and PRIV currently | |
participate. Finally, CRCL and PRIV should no longer issue bulletins or periodicals. | |
| |
Mandate for Leadership: The Conservative Promise | |
and manages complaints against agents through the OPR. In addition, CRCL, OIG, | |
GAO, and Congress all perform detention oversight. These multiple bodies place | |
unmanageable and unreasonable burdens on ICE to manage several sometimes | |
inconsistent audits/inspections at the same time. | |
If OIDO remains a DHS component, the Secretary should immediately issue a directive stripping CRCL of its immigration portfolio. OIDO is in a better position with | |
dedicated resources and immigration experts to perform this function than CRCL is. | |
Allowing both offices to conduct detention oversight is duplicative and wasteful. | |
The Secretary should conduct a thorough review of the effectiveness of Directive 0810.1,19 which is widely interpreted as requiring a wholesale referral of cases | |
to OIG. In reality, OIG investigates only a small fraction of them and often sits on | |
cases for longer than the five-day window specified in the directive. Meanwhile, | |
the other agencies wait in limbo to execute their duties. | |
CISOMB. The Office of the Citizenship and Immigration Services Ombudsman | |
should be eliminated. The DHS bureaucracy is too large, and the Secretary has too | |
many direct reports. CISOMB’s policy functions can be performed (and sometimes | |
already are) by OIG and GAO. The specialized case work can be moved into USCIS | |
as a special unit, much like the IRS Taxpayer Advocate. This would require a statutory change to Section 452 of the Homeland Security Act of 2002.20 | |
If CISOMB continues as a DHS component, a policy should be issued that | |
prohibits CISOMB from assisting illegal aliens to obtain benefits. Currently, | |
approximately 15 percent–20 percent of CISOMB’s workload consists of helping | |
DACA applicants obtain and renew benefits, including work authorization. This | |
is not the role of an ombudsman. In addition, the government should be a neutral | |
adjudicator, not an advocate for illegal aliens. | |
AGENCY RELATIONSHIPS | |
It is critical to the achievement of the President’s policy objectives that all agencies and departments touching immigration policy work in sync with one another. | |
While there are numerous areas in which such cooperation is critical, immigration | |
has proven to be the most difficult. Accordingly, several objectives will be necessary | |
for each of the following departments. | |
l | |
l | |
Department of Health and Human Services: Agree to move the Office | |
of Refugee Resettlement (ORR) to DHS or, alternatively, implement an | |
aggressive and regular effort by the Secretary of HHS to ensure that ORR is | |
fully pursuing presidential objectives in support of DHS. | |
Department of Defense: Assist in aggressively building the border wall | |
system on America’s southern border. Additionally, explicitly acknowledge | |
and adjust personnel and priorities to participate actively in the defense | |
— 166 — | |
Department of Homeland Security | |
of America’s borders, including using military personnel and hardware to | |
prevent illegal crossings between ports of entry and channel all cross-border | |
traffic to legal ports of entry. | |
l | |
l | |
l | |
Department of Justice: Agree to move the Executive Office for | |
Immigration Review and the Office of Immigration Litigation to DHS | |
and/or, alternatively, to treat the administrative law judges (immigration | |
judges and Board of Immigration Appeals) as national security personnel, | |
decertify their union, and move to increase hiring significantly to enable the | |
processing of more immigration cases. | |
Department of State: Allow DHS to lead international engagement in | |
the Western Hemisphere on issues of security and migration. Additionally, | |
quickly and aggressively address recalcitrant countries’ failure to accept | |
deportees by imposing stiff sanctions until deportees are in fact accepted for | |
return (not just promised to be taken). | |
Department of Housing and Urban Development: Ensure that only | |
U.S. citizens and lawful permanent residents utilize or occupy federally | |
subsidized housing. | |
| |
l | |
l | |
l | |
l | |
Department of Education: Deny loan access to those who are not U.S. | |
citizens or lawful permanent residents, and deny loan access to students at | |
schools that provide in-state tuition to illegal aliens. | |
Department of Labor: Eliminate the two (of four) lowest wage levels for | |
foreign workers. | |
Department of the Treasury: Implement all necessary regulations both to | |
equalize taxes between American citizens and working visa holders and to | |
provide DHS with all tax information of illegal aliens as expeditiously as possible. | |
Intelligence Community: Cooperate in the shrinking or elimination | |
of the I&A role in the IC while replacing it with CBP and HSI | |
representation to the IC. | |
AUTHOR’S NOTE: I had the honor of coordinating the efforts of the experts listed as contributors to this | |
book, nearly all of whom have spent more time inside or interacting with the Department of Homeland Security | |
than myself. I wrote only a small portion of the chapter and relied on the contributors’ experience and expertise | |
to give the chapter both its depth and policy impact. No views expressed herein should be attributed to any | |
single contributor. | |
— 167 — | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
| |
8. | |
9. | |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
16. | |
17. | |
18. | |
H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, § | |
101(b)(1), https://www.congress.gov/107/plaws/publ296/PLAW-107publ296.pdf (accessed March 14, 2023). | |
See, for example, “Elon Musk Slams CISA Censorship Network as ‘Propaganda Platform,’” Kanekoa News, | |
December 28, 2022, https://kanekoa.substack.com/p/elon-musk-slams-cisa-censorship-network (accessed | |
March 14, 2023). | |
H.R. 2680, An Act to Amend the Immigration and Nationality Act, and for Other Purposes, Public Law No. | |
89-236, 89th Congress, October 3, 1965, https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79Pg911.pdf (accessed March 14, 2023). | |
Added to the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant | |
Responsibility Act of 1996. See H.R. 3610, Omnibus Consolidated Appropriations Act, 1997, Public Law No. | |
104-208, 104th Congress, September 30, 1996, Division C, https://www.congress.gov/104/plaws/publ208/ | |
PLAW-104publ208.pdf (accessed March 14, 2023). | |
8 U.S. Code, https://www.law.cornell.edu/uscode/text/8 (accessed March 14, 2023). | |
18 U.S. Code, https://www.law.cornell.edu/uscode/text/18 (accessed March 14, 2023). | |
5 U.S. Code §§ 551–559, https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5/subchapter-II (accessed | |
March 14, 2023). | |
Table, “United States Citizenship and Immigration Services Budget Comparison and Adjustments | |
Appropriation and PPA Summary,” in U.S. Department of Homeland Security, United States Citizenship | |
and Immigration Services, Department of Homeland Security, United States Citizenship and Immigration | |
Services, Budget Overview, Fiscal Year 2023 Congressional Justification, p. CIS-4, https://www.uscis.gov/ | |
sites/default/files/document/reports/U.S._Citizenship_and_Immigration_Services%E2%80%99_Budget_ | |
Overview_Document_for%20Fiscal_Year_2023.pdf#:~:text=The%20FY%202023%20Budget%20includes%20 | |
%24913.6M%2C%204%2C001%20positions%3B,of%20%24444.1M%20above%20the%20FY%202022%20 | |
President%E2%80%99s%20Budget (accessed March 14, 2023), and Table, “United States Citizenship and | |
Immigration Services Comparison of Budget Authority and Request,” in ibid., p. CIS-5. | |
H.R. 7311, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law No. | |
110-457, 110th Congress, December 23, 2008, § 235, https://www.congress.gov/110/plaws/publ457/PLAW110publ457.pdf (accessed March 15, 2023). | |
Matter of A-B-, Respondent, 27 I&N Dec. 316 (A.G. 2018), https://www.justice.gov/eoir/page/file/1070866/ | |
download (accessed January 18, 2023). | |
Arizona v. United States, 567 U.S. 387 (2012), https://supreme.justia.com/cases/federal/us/567/387/ (accessed | |
January 18, 2023). | |
Robert T. Stafford Disaster Relief and Emergency Assistance Act [Public Law 93–288; Approved May 22, 1974] | |
[As Amended Through P.L. 117–328, Enacted December 29, 2022], https://www.govinfo.gov/content/pkg/ | |
COMPS-2977/pdf/COMPS-2977.pdf (accessed March 15, 2023). | |
U.S. Department of Homeland Security, Federal Emergency Management Agency, Department of Homeland | |
Security, Federal Emergency Management Agency, Budget Overview, Fiscal Year 2023 Congressional | |
Justification, p. FEMA-24, https://www.dhs.gov/sites/default/files/2022-03/Federal%20Emergency%20 | |
Management%20Agency_Remediated.pdf (accessed March 15, 2023). | |
Report, United States Secret Service: An Agency in Crisis, Committee on Oversight and Government Reform, | |
U.S. House of Representatives, 114th Congress, December 9, 2015, https://republicans-oversight.house.gov/ | |
wp-content/uploads/2015/12/Oversight-USSS-Report.pdf (accessed January 18, 2023). | |
5 U.S. Code § 7103, https://www.law.cornell.edu/uscode/text/5/7103 (accessed March 15, 2023). | |
S. 3418, Privacy Act of 1974, Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.govinfo. | |
gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1896.pdf (accessed March 15, 2023). | |
H.R. 1428, Judicial Redress Act of 2015, Public Law No. 114-126, 114th Congress, February 24, 2016, https://www. | |
congress.gov/114/plaws/publ126/PLAW-114publ126.pdf (accessed March 15, 2023). | |
H.R. 1158, Consolidated Appropriations Act, 2020, Public Law No. 116-93, 116th Congress, December 20, 2019, | |
https://www.congress.gov/bill/116th-congress/house-bill/1158 (accessed January 18, 2023). | |
— 168 — | |
Department of Homeland Security | |
19. U.S. Department of Homeland Security, Office of Inspector General, Management Directive No. 0810.1, June 10, | |
2004, https://www.dhs.gov/xlibrary/assets/foia/mgmt_directive_0810_1_the_office_of_inspector_general. | |
pdf (accessed March 15, 2023). | |
20. H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, | |
https://www.congress.gov/bill/107th-congress/house-bill/5005 (accessed January 18, 2023). | |
| |
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6 | |
DEPARTMENT OF STATE | |
Kiron K. Skinner | |
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| |
T | |
he U.S. Department of State’s mission is to bilaterally, multilaterally, and | |
regionally implement the President’s foreign policy priorities; to serve U.S. | |
citizens abroad; and to advance the economic, foreign policy, and national | |
security interests of the United States. | |
Since the U.S. Founding, the Department of State has been the American government’s designated tool of engagement with foreign governments and peoples | |
throughout the world. Country names, borders, leaders, technology, and people | |
have changed in the more than two centuries since the Founding, but the basics of | |
diplomacy remain the same. Although the Department has also evolved throughout | |
the years, at least in the modern era, there is one significant problem that the next | |
President must address to be successful. | |
There are scores of fine diplomats who serve the President’s agenda, often | |
helping to shape and interpret that agenda. At the same time, however, in all | |
Administrations, there is a tug-of-war between Presidents and bureaucracies— | |
and that resistance is much starker under conservative Presidents, due | |
largely to the fact that large swaths of the State Department’s workforce are | |
left-wing and predisposed to disagree with a conservative President’s policy | |
agenda and vision. | |
It should not and cannot be this way: The American people need and deserve | |
a diplomatic machine fully focused on the national interest as defined through | |
the election of a President who sets the domestic and international agenda for | |
the nation. The next Administration must take swift and decisive steps to reforge | |
the department into a lean and functional diplomatic machine that serves the | |
Mandate for Leadership: The Conservative Promise | |
President and, thereby, the American people. Below is the basic but essential roadmap for achieving these repairs. | |
| |
HISTORY AND CONTEXT | |
Founded in 1789, the Department of State was one of the first Cabinet-level | |
agencies in the new American government. The first Secretary of State, Thomas | |
Jefferson, oversaw a small staff, diplomatic posts in London and Paris, and 10 consular posts.1 Today, the Department of State has almost 80,000 total employees | |
(including 13,517 foreign service employees and 11,683 civil service employees) in | |
275 embassies, consulates, and other posts around the world.2 | |
In theory, the State Department is the principal agency responsible for carrying | |
out the President’s foreign policy and representing the United States in other nations | |
and international organizations. To the extent consistent with presidential policy and | |
federal law, the department also supports U.S. citizens and businesses in other nations | |
and vets foreign nationals seeking temporary or permanent entrance to the United | |
States. The State Department also provides humanitarian, security, and other assistance | |
to non-U.S. populations in need, and otherwise advances and supports U.S. national | |
interests abroad. Properly led, the State Department can be instrumental for communicating and implementing a foreign policy vision that best serves American citizens. | |
As the U.S. Commission on National Security/21st Century (the Hart–Rudman | |
Commission) observed more than 20 years ago, the State Department is a “crippled institution” suffering from “an ineffective organizational structure in which | |
regional and functional policies do not serve integrated goals, and in which sound | |
management, accountability, and leadership are lacking.”3 Unfortunately, this | |
critique remains accurate. | |
The State Department’s failures are not due to a lack of resources. As one | |
expert has observed, the department “has significantly more at its disposal than | |
was the case at the end of the Cold War, in the mid-1990s, and at the height of the | |
Iraq and Afghanistan wars.”4 A major source, if not the major source, of the State | |
Department’s ineffectiveness lies in its institutional belief that it is an independent | |
institution that knows what is best for the United States, sets its own foreign policy, | |
and does not need direction from an elected President. | |
The next President can make the State Department more effective by providing | |
a clear foreign policy vision, selecting political officials and career diplomats that | |
will enthusiastically turn that vision into a policy agenda, and firmly supporting | |
the State Department as it makes the necessary institutional adjustments. | |
POLITICAL LEADERSHIP AND BUREAUCRATIC | |
LEADERSHIP AND SUPPORT | |
Focusing the State Department on the needs and goals of the next President | |
will require the President’s handpicked political leadership—as well as foreign | |
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Department of State | |
— 173 — | |
| |
service and civil service personnel who share the President’s vision and policy | |
agendas—to run the department. This can be done by taking these steps at the | |
outset of the next Administration. | |
Exert Leverage During the Confirmation Process. Notwithstanding the | |
challenges and slowness of the modern U.S. Senate confirmation process, the next | |
President can exert leverage on the Senate if he or she is willing to place State | |
Department appointees directly into those roles, pending confirmation. Doing so | |
would both ensure that the department has immediate senior political leadership | |
and would force the Senate to act on nominees’ appointments instead of being | |
allowed to engage in dilatory tactics that cripple the State Department’s functionality for weeks, months, or even years. | |
Assert Leadership in the Appointment Process. The next Administration | |
should assert leadership over, and guidance to, the State Department by placing | |
political appointees in positions that do not require Senate confirmation, including | |
senior advisors, Principal Deputy Assistant Secretaries, and Deputy Assistant Secretaries. Given the department’s size, the next Administration should also increase | |
the number of political appointees to manage it. | |
To the extent possible, all non-confirmed senior appointees should be selected | |
by the President-elect’s transition team or the new President’s Office of Presidential Personnel (depending on the timing of selection) and be in place the first day | |
of the Administration. No one in a leadership position on the morning of January | |
20 should hold that position at the end of the day. These recommendations do not | |
imply that foreign service and civil service officials should be excluded from key | |
roles: It is hard to imagine a scenario in which they are not immediately relevant to | |
the transition of power. The main suggestion here is that as many political appointees as possible should be in place at the start of a new Administration. | |
Support and Train Political Appointees. The Secretary of State should use | |
his or her office and its resources to ensure regular coordination among all political | |
appointees, which should take the form of strategy meetings, trainings, and other | |
events. The secretary should also take reasonable steps to ensure that the State | |
Department’s political appointees are connected to other departments’ political | |
appointees, which is critical for cross-agency effectiveness and morale. The secretary should capitalize on the more experienced political appointees by using | |
them as the foundation for a mentorship program for less experienced political | |
appointees. The interaction of political appointees must be routine and operational | |
rather than incidental or occasional, and it must be treated as a crucial dimension | |
for the next Administration’s success. | |
Maximize the Value of Career Officials. Career foreign service and civil | |
service personnel can and must be leveraged for their expertise and commitment to the President’s mission. Indeed, the State Department has thousands of | |
employees with unparalleled linguistic, cultural, policy, and administrative skills, | |
| |
Mandate for Leadership: The Conservative Promise | |
and large numbers of them have been an enormous resource to the Secretaries of | |
State under which they have served. The secretary must find a way to make clear | |
to career officials that despite prior history and modes of operation, they need | |
not be adversaries of a conservative President, Secretary of State, or the team of | |
political appointees. | |
Reboot Ambassadors Worldwide. All ambassadors are required to submit | |
letters of resignation at the start of a new Administration. Previous Republican | |
Administrations have accepted the resignations of only the political ambassadors | |
and allowed the foreign service ambassadors to retain their posts, sometimes for | |
months or years into a new Administration.5 The next Administration must go | |
further: It should both accept the resignations of all political ambassadors and | |
quickly review and reassess all career ambassadors. This review should commence | |
well before the new Administration’s first day. | |
Ambassadors in countries where U.S. policy or posture would substantially | |
change under the new Administration, as well as any who have evinced hostility | |
toward the incoming Administration or its agenda, should be recalled immediately. | |
The priority should be to put in place new ambassadors who support the President’s agenda among political appointees, foreign service officers, and civil service | |
personnel, with no predetermined percentage among these categories. Political | |
ambassadors with strong personal relationships with the President should be prioritized for key strategic posts such as Australia, Japan, the United Kingdom, the | |
United Nations, and the North Atlantic Treaty Organization (NATO). | |
RIGHTING THE SHIP | |
Ensuring the State Department is accountable for serving American citizens first will require—at a minimum—that the following steps be implemented | |
immediately: | |
Review Retroactively. Before inauguration, the President-elect’s department | |
transition team should assess every aspect of State Department negotiations and | |
funding commitments. Upon inauguration, the Secretary of State should order an | |
immediate freeze on all efforts to implement unratified treaties and international | |
agreements, allocation of resources, foreign assistance disbursements, domestic | |
and international contracts and payments, hiring and recruiting decisions, etc., | |
pending a political appointee-driven review to ensure that such efforts comport | |
with the new Administration’s policies. The quality of this review is more important than speed. The posture of the department during this review should be an | |
unwavering desire to prioritize the American people—including a recognition that | |
the federal government must be a diligent steward of taxpayer dollars. | |
Implement Repair. The State Department must change its handling of | |
international agreements to restore constitutional governance. Under prior | |
Administrations, unnecessary institutional factors in the department caused | |
— 174 — | |
Department of State | |
— 175 — | |
| |
numerous logistical challenges in negotiating, approving, and implementing treaties and agreements. This is particularly true under the Biden Administration. For | |
example, under the Biden Administration, the State Department was considered | |
sufficiently unreliable in terms of alignment and effectiveness such that its political | |
leadership invoked its Circular 175 (C-175) authority to delegate its diplomatic | |
capacity to other agencies such as the Department of Homeland Security. | |
At time of publication, the State Department is negotiating (or seeking to negotiate) large-scale, sovereignty-eroding agreements that could come at considerable | |
economic and other costs to the American people. Although such agreements | |
should be evaluated and approved as are treaties, the Biden Administration is | |
likely to simply call them “agreements.” The Biden State Department not only | |
approves but also enforces treaties that have not been ratified by the U.S. Senate. | |
This practice must be thoroughly reviewed—and most likely jettisoned. | |
The next President should recalibrate how the State Department handles treaties and agreements, primarily by restoring constitutionality to these processes. | |
He or she should direct the Secretary of State to freeze any ongoing treaty or international agreement negotiations and assess whether those efforts align with the | |
new President’s foreign policy direction. The next Administration should also | |
direct the secretary to order an immediate stand-down on enforcement of any | |
treaties that have not been ratified by the Senate, and order a thorough review of | |
the degree to which such enforcement has impacted the department’s functions, | |
policies, and use of resources. | |
The Secretary of State, in cooperation with the Office of the Attorney General | |
and the White House Counsel’s Office, should also conduct a review to identify | |
“agreements” that are really treaty commitments within the ordinary public meaning of the Constitution,6 and suspend compliance pending presidential transmittal | |
of those agreements to the Senate for advice and consent. The next Administration | |
should also move to withdraw from treaties that have been under Senate consideration for 20 years or more, with the understanding that those treaties are unlikely | |
to be ratified. Under circumstances in which ratification of a stale treaty before | |
the Senate still serves national interests, the treaty letter of transmittal and submission should be updated for current circumstances. The Secretary of State must | |
revoke most outstanding C-175 authorities that have been granted to other agencies during previous Administrations, although such revocations should be closely | |
coordinated with the White House for logistical reasons. | |
Coordinate with Other Agencies. Interagency engagement in this new | |
environment must be similarly adjusted to mirror presidential direction. Indeed, | |
coordination among federal agencies is challenging even in the most well-oiled | |
Administrations. Although such coordination is inescapable and sometimes productive, agencies tend to leverage each other’s resources in ways that occasionally have | |
off-mission consequences for the agency or agencies with the resources. Ideally, the | |
| |
Mandate for Leadership: The Conservative Promise | |
Secretary of State should work as part of an agile foreign policy team along with the | |
National Security Advisor, the Secretary of Defense, and other agency heads to flesh | |
out and advance the President’s foreign policy. Bureaucratic stovepipes of the past | |
should be less important than commitment to, and achievement of, the President’s | |
foreign policy agenda. The State Department’s role in these interagency discussions | |
must reflect the President’s clear direction and disallow resources and tools to be | |
used in any way that detracts from the presidentially directed mission. | |
Coordinate with Congress. Congress has both the statutory and appropriations authority to impact the State Department’s operations and has a strong | |
interest in key aspects of American foreign policy. The department must therefore | |
take particular care in its interaction with Congress, since poor interactions with | |
Congress, regardless of intentions, could trigger congressional pushback or have | |
other negative impacts on the President’s agenda. | |
This will require particularly strong leadership of the Department of State’s | |
Bureau of Legislative Affairs. The Secretary of State and political leadership should | |
ensure full coordination with the White House regarding congressional engagement on any State Department responsibility. This may lead to, for example, the | |
President authorizing the State Department to engage with Members of Congress | |
and relevant committees on certain issues (including statutorily designated congressional consultations), but to remain “radio silent” on volatile or designated | |
issues on which the White House wants to be the primary or only voice. All such | |
authorized department engagements with Congress must be driven and handled | |
by political appointees in conjunction with career officials who have the relevant | |
expertise and are willing to work in concert with the President’s political appointees on particularly sensitive matters. | |
Respond Vigorously to the Chinese Threat. The State Department recently | |
opened the Office of China Coordination, or “China House.” This office is intended | |
to bring together experts inside and outside the State Department to coordinate | |
U.S. government relations with China “and advance our vision for an open, inclusive international system.”7 Whether China House will streamline U.S. government | |
communication, consensus, and action on China policy—given the presence of | |
other agencies with strong competing or adverse interests—remains to be seen. | |
The unit is dependent on adequate and competent staff being assigned by other | |
bureaus within the State Department. | |
Nonetheless, the concept is one a Republican Administration should support | |
mutatis mutandis. The Chinese Communist Party (CCP) has been “at war” with | |
the U.S. for decades. Now that this reality has been accepted throughout the government, the State Department must be prepared to lead the U.S. diplomatic effort | |
accordingly. The centralization of efforts in one place is critical to this end. | |
Review Immigration and Domestic Security Requirements. Arguably, the | |
department’s most noteworthy challenge on the global stage has been its handling | |
— 176 — | |
Department of State | |
of immigration and domestic security issues, which are inextricably related. The | |
State Department’s apparent posture toward these two issues, which are of paramount importance to the American people, has historically been that they are of | |
lesser importance than other issues and that they can be treated as concessions in | |
broader diplomatic engagements. In other instances in which access to the U.S. in | |
the form of immigrant (permanent) and nonimmigrant (temporary) visas could | |
potentially serve as diplomatic leverage, it is almost never used. To some degree, | |
the State Department and many of its personnel appear to view the U.S. immigration system less as a tool for strengthening the United States and more as a global | |
welfare program. | |
To ensure the safety, security, and prosperity of all Americans, this must change. | |
Below are several key areas in which the department’s formal and informal postures | |
must adjust to reflect the current immigration and domestic security environment: | |
l | |
l | |
Section 243(d) visa sanctions. Visa sanctions under section 243(d) of | |
the Immigration and Nationality Act (INA),8 enacted into law to motivate | |
countries to accept the return of any nationals who have been ordered | |
removed from the U.S., should be quickly and fully enforced. Recalcitrant | |
countries that do not accept receipt of their returned nationals will risk the | |
suspension of issuance of all immigrant visas, all nonimmigrant visas, or | |
all visas. These country-specific sanctions should remain in place until the | |
sanctioned country accepts the return of all its removal-pending nationals | |
and formally commits to future, regular acceptance of its nationals. Blackletter implementation of this law will demonstrate a heretofore lacking | |
seriousness to the international community that other nations must respect | |
U.S. immigration laws and work with federal authorities to accept returning | |
nationals—or lose access to the United States. | |
Rightsizing refugee admissions. The Biden Administration has | |
engineered what is nothing short of a collapse of U.S. border security and | |
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| |
l | |
Visa reciprocity. The United States should strictly enforce the doctrine | |
of reciprocity when issuing visas to all foreign nationals. For too long, the | |
U.S. has provided virtually unfettered access to foreign nationals from | |
countries that do not respond in kind—including countries that are actively | |
hostile to U.S. interests and nationals. Mandatory reciprocity will convey | |
the necessary reality that other countries do not have an unfettered right | |
to U.S. access and must reciprocally offer favorable visa-based access to U.S. | |
nationals. The State Department’s reaction time to other countries’ changes | |
in visa policies with respect to the U.S. must be streamlined to ensure it can | |
be updated in real time. | |
Mandate for Leadership: The Conservative Promise | |
interior immigration enforcement. This Administration’s humanitarian | |
crisis—which is arguably the greatest humanitarian crisis in the modern | |
era, one which has harmed Americans and foreign nationals alike—will | |
take many years and billions of dollars to fully address. One casualty of the | |
Biden Administration’s behavior will be the current form of the U.S. Refugee | |
Admission Program (USRAP). | |
The federal government’s obligation to shift national security–essential | |
screening and vetting resources to the forged border crisis will necessitate | |
an indefinite curtailment of the number of USRAP refugee admissions. The | |
State Department’s Bureau of Population, Refugees, and Migration, which | |
administers USRAP, must shift its resources to challenges stemming from | |
the current immigration situation until the crisis can be contained and | |
refugee-focused screening and vetting capacity can reasonably be restored. | |
| |
l | |
l | |
Strengthening bilateral and multilateral immigration-focused | |
agreements. Restoration of both domestic security and the integrity of | |
the U.S. immigration system should start with rapid reactivation of several | |
key initiatives in effect at the conclusion of the Trump Administration. | |
Reimplementation of the Remain in Mexico policy, safe third-country | |
agreements, and other measures to address the influx of non-Mexican | |
asylum applicants at the United States–Mexico border must be Day | |
One priorities. Although the State Department must rein in the C-175 | |
authorities of other agencies, the Department of Homeland Security should | |
retain (or regain) C-175 authorities for negotiating bilateral and multilateral | |
security agreements. | |
Evaluation of national security–vulnerable visa programs. To protect | |
the American people, the State Department, in coordination with the White | |
House and other security-focused agencies, should evaluate several key | |
security-sensitive visa programs that it manages. Key programs include, but | |
should not be limited to, the Diversity Visa program, the F (student) visa | |
program, and J (exchange visitor) visa program. The State Department’s | |
evaluation must ensure that these programs are not only consistent with | |
White House immigration policy, but also align with its national security | |
obligations and resource limitations. | |
PIVOTING ABROAD | |
Personnel and management adjustments are crucial preludes to refocus the | |
State Department’s mission, which is implementing the President’s foreign policy | |
agenda and, in so doing, ensuring that the interests of American citizens are given | |
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Department of State | |
priority. That said, the next President must significantly reorient the U.S. government’s posture toward friends and adversaries alike—which will include much | |
more honest assessments about who are friends and who are not. This reorientation could represent the most significant shift in core foreign policy principles | |
and corresponding action since the end of the Cold War. | |
Although not every country or issue area can be discussed in this chapter, below | |
are examples of several areas in which a shift in U. S. foreign policy is not only important, but arguably existential. The point is not to assert that everyone in the evolving | |
conservative movement, or, in some cases, the growing bipartisan consensus, will | |
agree with the details of this assessment. Rather, what is presented below demonstrates the urgency of these issues and provides a general roadmap for analysis. | |
In a world on fire, a handful of nations require heightened attention. Some represent existential threats to the safety and security of the American people; others | |
threaten to hurt the U.S. economy; and others are wild cards, whose full threat | |
scope is unknown but nevertheless unsettling. The five countries on which the next | |
Administration should focus its attention and energy are China, Iran, Venezuela, | |
Russia, and North Korea. | |
The People’s Republic of China | |
— 179 — | |
| |
The designs of the People’s Republic of China (PRC) and the Chinese Communist Party, which runs the PRC, are serious and dangerous.9 This tyrannical | |
country with a population of more than 1 billion people has the vision, resources, | |
and patience to achieve its objectives. Protecting the United States from the PRC’s | |
designs requires an unambiguous offensive-defensive mix, including protecting | |
American citizens and their interests, as well as U.S. allies, from PRC attacks and | |
abuse that undermine U.S. competitiveness, security, and prosperity. | |
The United States must have a cost-imposing strategic response to make Beijing’s aggression unaffordable, even as the American economy and U.S. power grow. | |
This stance will require real, sustained, near-unprecedented U.S. growth; stronger | |
partnerships; synchronized economic and security policies; and American energy | |
independence—but above all, it will require a very honest perspective about the | |
nature and designs of the PRC as more of a threat than a competitor.10 The next | |
President should use the State Department and its array of resources to reassess | |
and lead this effort, just as it did during the Cold War. The U.S. government needs | |
an Article X for China,11 and it should be a presidential mandate. Along with the | |
National Security Council, the State Department should draft an Article X, which | |
should be a deeply philosophical look at the China challenge. | |
Many foreign policy professionals and national leaders, both in government and | |
the private sector, are reluctant to take decisive action regarding China. Many are | |
vested in an unshakable faith in the international system and global norms. They | |
are so enamored with them they cannot brook any criticisms or reforms, let alone | |
| |
Mandate for Leadership: The Conservative Promise | |
acknowledge their potential for being abused by the PRC. Others refuse to acknowledge Beijing’s malign activities and often pass off criticism as conspiracy theories. | |
For instance, many were quick to dismiss even the possibility that COVID-19 | |
escaped from a Chinese research laboratory. The reality, however, is that the PRC’s | |
actions often do sound like conspiracy theories—because they are conspiracies. In | |
addition, some knowingly or not parrot the Communist line: Global leaders including President Joe Biden, have tried to normalize or even laud Chinese behavior. | |
In some cases, these voices, like the global corporate giants BlackRock and Disney, | |
directly benefit from doing business with Beijing. | |
On the other hand, others acknowledge the dangers posed by the PRC, but | |
believe in a moderating approach to accommodate its rise, a policy of “compete | |
where we must, but cooperate where we can,” including on issues like climate | |
change. This strategy has demonstrably failed. | |
As with all global struggles with Communist and other tyrannical regimes, the | |
issue should never be with the Chinese people but with the Communist dictatorship that oppresses them and threatens the well-being of nations across the globe.12 | |
That said, the nature of Chinese power today is the product of history, ideology, | |
and the institutions that have governed China during the course of five millennia, | |
inherited by the present Chinese leaders from the preceding generations of the | |
CCP.13 In short, the PRC challenge is rooted in China’s strategic culture and not | |
just the Marxism–Leninism of the CCP, meaning that internal culture and civil | |
society will never deliver a more normative nation. The PRC’s aggressive behavior | |
can only be curbed through external pressure. | |
The Islamic Republic of Iran | |
The ongoing protests in the Islamic Republic of Iran (Iran), which are widely | |
viewed as a new revolution, have shown that the Islamic regime, which has been | |
in power since 1979 when Ayatollah Khomeini became the leader, is at its weakest | |
state in its history and is at odds not only with its own people but also its regional | |
neighbors. Iran is home to a proud and ancient culture, yet its people have struggled to achieve democracy and have had to endure a hostile theocratic regime that | |
vehemently opposes freedom. The time may be right to press harder on the Iranian | |
theocracy, support the Iranian people, and take other steps to draw Iran into the | |
community of free and modern nations. | |
Unfortunately, the Obama and Biden Administrations have propped up the | |
brutal Islamist theocracy that has hurt the Iranian people and threatened nuclear | |
war. For example, the Obama Administration’s 2015 Joint Comprehensive Plan of | |
Action, commonly referred to as the Iran nuclear deal, gave the Islamic regime a | |
crucial monetary lifeline after the Green Movement protests in 2009, which, while | |
ultimately unsuccessful, did succeed in weakening the regime and showing the | |
world that younger Iranians want freedom. | |
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Department of State | |
Instead of pressuring the Iranian theocracy to move toward democracy, the | |
Obama Administration threw the brutal regime an economic lifeline by giving | |
hundreds of billions of dollars to the Iranian government and providing other sanctions relief. This economic relief did not moderate the regime, but emboldened its | |
brutality, its efforts to expand its nuclear weapons programs, and its support for | |
global terrorism. Former President Obama has admitted his lack of support for the | |
Green Movement during his Administration was an error and blamed it on poor | |
advisors—yet those same advisors are involved with the Biden Administration’s | |
insistence on reducing pressure on the theocracy and resurrecting a nuclear deal. | |
The next Administration should neither preserve nor repeat the mistakes of | |
the Obama and Biden Administrations. The correct future policy for Iran is one | |
that acknowledges that it is in U.S. national security interests, the Iranian people’s | |
human rights interests, and a broader global interest in peace and stability for the | |
Iranian people to have the democratic government they demand. This decision | |
to be free of the country’s abusive leaders must of course be made by the Iranian | |
people, but the United States can utilize its own and others’ economic and diplomatic tools to ease the path toward a free Iran and a renewed relationship with | |
the Iranian people. | |
The Bolivarian Republic of Venezuela | |
Russia | |
One issue today that starkly divides conservatives is the Russia–Ukraine conflict. The common ground seems to be recognition that presidential leadership | |
in 2025 must chart the course. | |
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Once a model of democracy and a true U.S. ally, the Bolivarian Republic of Venezuela (Venezuela) has all but collapsed under the Communist regimes of the late | |
Hugo Chavez and Nicolas Maduro. In the 24 years since Hugo Chavez was first | |
elected Venezuelan president in 1999, the country has violently cracked down on | |
pro-democracy citizens and organizations, shattered its once oil-rich economy, | |
empowered domestic criminal cartels, and helped fuel a hemispheric refugee crisis. | |
Venezuela has swung from being one of the most prosperous, if not the most | |
prosperous, country in South America to being one of the poorest. Its Communist | |
leadership has also drawn closer to some of the United States’ greatest international foes, including the PRC and Iran, which have long sought a foothold in the | |
Americas. Indeed, Venezuela serves as a reminder of just how fragile democratic | |
institutions that are not maintained can be. To contain Venezuela’s Communism | |
and aid international partners, the next Administration must take important steps | |
to put Venezuela’s Communist abusers on notice while making strides to help the | |
Venezuelan people. The next Administration must work to unite the hemisphere | |
against this significant but underestimated threat in the Southern Hemisphere. | |
Mandate for Leadership: The Conservative Promise | |
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One school of conservative thought holds that as Moscow’s illegal war of | |
aggression against Ukraine drags on, Russia presents major challenges to | |
U.S. interests, as well as to peace, stability, and the post-Cold War security | |
order in Europe. This viewpoint argues for continued U.S. involvement | |
including military aid, economic aid, and the presence of NATO and U.S. | |
troops if necessary. The end goal of the conflict must be the defeat of | |
Russian President Vladimir Putin and a return to pre-invasion border lines. | |
Another school of conservative thought denies that U.S. Ukrainian support | |
is in the national security interest of America at all. Ukraine is not a member | |
of the NATO alliance and is one of the most corrupt nations in the region. | |
European nations directly affected by the conflict should aid in the defense | |
of Ukraine, but the U.S. should not continue its involvement. This viewpoint | |
desires a swift end to the conflict through a negotiated settlement between | |
Ukraine and Russia. | |
The tension between these competing positions has given rise to a third | |
approach. This conservative viewpoint eschews both isolationism and | |
interventionism. Rather, each foreign policy decision must first ask the | |
question: What is in the interest of the American people? U.S. military | |
engagement must clearly fall within U.S. interests; be fiscally responsible; | |
and protect American freedom, liberty, and sovereignty, all while recognizing | |
Communist China as the greatest threat to U.S. interests. Thus, with respect to | |
Ukraine, continued U.S. involvement must be fully paid for; limited to military | |
aid (while European allies address Ukraine’s economic needs); and have a | |
clearly defined national security strategy that does not risk American lives. | |
Regardless of viewpoints, all sides agree that Putin’s invasion of Ukraine | |
is unjust and that the Ukrainian people have a right to defend their homeland. | |
Furthermore, the conflict has severely weakened Putin’s military strength and | |
provided a boost to NATO unity and its importance to European nations. | |
The next conservative President has a generational opportunity to bring resolution to the foreign policy tensions within the movement and chart a new path | |
forward that recognizes Communist China as the defining threat to U.S. interests | |
in the 21st century. | |
The Democratic People’s Republic of Korea | |
Peace and stability in Northeast Asia are vital interests of the United States. The | |
Republic of Korea (South Korea) and Japan are critical allies for ensuring a free | |
and open Indo–Pacific. They are indispensable military, economic, diplomatic, and | |
technology partners. The Democratic People’s Republic of Korea (DPRK, or North | |
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Department of State | |
Korea) must be deterred from military conflict. The United States cannot permit | |
the DPRK to remain a de facto nuclear power with the capacity to threaten the | |
United States or its allies. This interest is both critical to the defense of the American homeland and the future of global nonproliferation. The DPRK must not be | |
permitted to profit from its blatant violations of international commitments or to | |
threaten other nations with nuclear blackmail. Both interests can only be served | |
if the U.S. disallows the DPRK’s rogue regime behavior. | |
OTHER INTERNATIONAL ENGAGEMENTS | |
Western Hemisphere | |
The United States has a vested interest in a relatively united and economically | |
prosperous Western Hemisphere. Nonetheless, the region now has an overwhelming number of socialist or progressive regimes, which are at odds with the freedom | |
and growth-oriented policies of the U.S. and other neighbors and who increasingly | |
pose hemispheric security threats. A new approach is therefore needed, one that | |
simultaneously allows the U.S. to re-posture in its best interests and helps regional | |
partners enter a new century of growth and opportunity. | |
The following core policies must be part of this new direction: | |
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A “sovereign Mexico” policy. Mexico is currently a national security | |
disaster. Bluntly stated, Mexico can no longer qualify as a first-world nation; | |
it has functionally lost its sovereignty to muscular criminal cartels that | |
effectively run the country. The current dynamic is not good for either | |
U.S. citizens or Mexicans, and the perfect storm created by this cartel state | |
has negative effects that are damaging the entire hemisphere. The next | |
Administration must both adopt a posture that calls for a fully sovereign | |
Mexico and take all steps at its disposal to support that result in as rapid a | |
fashion as possible. | |
A fentanyl-free frontier. The same cartels that parasitically run Mexico | |
are also working with the PRC to fuel the largest drug crisis in the history | |
of North America. These Mexican cartels are working closely with Chinese | |
fentanyl precursor chemical manufacturers, importing those precursor | |
chemicals into Mexico, manufacturing fentanyl on Mexican soil, and | |
shipping it into the United States and elsewhere. The highly potent narcotic | |
is having an unprecedented lethal impact on the American citizenry. The | |
next Administration must leverage its new insistence on a sovereign Mexico | |
and work with other Western Hemisphere partners to halt the fentanyl | |
crisis and put a decisive end to this unprecedented public health threat. | |
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A hemisphere-centered approach to industry and energy. The | |
next Administration has a golden opportunity to make key economic | |
changes that will not only provide tremendous economic opportunities | |
for Americans but will also serve as an economic boon to the entire | |
Western Hemisphere. | |
First, the United States must do everything possible, with both resources | |
and messaging, to shift global manufacturing and industry from more | |
distant points around the globe (especially from the increasingly hostile | |
and human rights-abusing PRC) to Central and South American countries. | |
“Re-hemisphering” manufacturing and industry closer to home will not only | |
eliminate some of the more recent supply-chain issues that damaged the U.S. | |
economy but will also represent a significant economic improvement for | |
parts of the Americas in need of growth and stabilization. | |
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Similarly, the United States must work with Mexico, Canada, and other | |
countries to develop a hemisphere-focused energy policy that will reduce | |
reliance on distant and manipulable sources of fossil fuels, restore the free | |
flow of energy among the hemisphere’s largest producers, and work together | |
to increase energy production, including for nations that are looking for | |
dramatic economic expansion. | |
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A “local” approach to security threats. Western Hemisphere nations, | |
including those in the Caribbean, arguably have stronger cultural and | |
historical ties to the United States than most other countries and regions | |
in the world. Yet Central and South America are moving rapidly into the | |
sphere of anti-American, external state actors, including the PRC, Iran, and | |
Russia. Specific countries in the Americas, such as Venezuela, Colombia, | |
Guyana, and Ecuador, are either increasingly regional security threats | |
in their own rights or are vulnerable to hostile extra-continental powers. | |
The U.S. has an opportunity to lead these democratic neighbors to fight | |
against the external pressure of threats from abroad and address local | |
regional security concerns. This leadership and collaboration must span all | |
tools at the disposal of U.S. allies and partners, including security-focused | |
cooperation. | |
Middle East and North Africa | |
The next Administration must re-engage with Middle Eastern and North African nations and not abandon the region. Without U.S. leadership, the region may | |
tumble further into chaos or fall prey to American adversaries. This recommendation requires a multi-dimensional strategy. | |
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Second, the next Administration should build on the Trump | |
Administration’s diplomatic successes by encouraging other Arab states, | |
including Saudi Arabia, to enter the Abraham Accords. Related policies | |
should include reversing, as appropriate, the Biden Administration’s | |
degradation of the long-standing partnership with Saudi Arabia. The | |
Palestinian Authority should be defunded. A further key priority is keeping | |
Türkiye in the Western fold and a NATO ally. This includes a vigorous | |
outreach to Türkiye to dissuade it from “hedging” toward Russia or China, | |
which is likely to require a rethinking of U.S. support for YPG/PKK [People’s | |
Protection Units/Kurdistan Worker’s Party] Kurdish forces, which Ankara | |
believes are an existential threat to its security. For the foreseeable future— | |
and much longer than one new Administration—Middle Eastern oil will | |
play a key role in the world economy. Therefore, the U.S. must continue | |
to support its allies and compete with its economic adversaries, including | |
China. Relations with Saudi Arabia should be strengthened in a way that | |
seriously curtails Chinese influence in Riyadh. | |
Third, it is in the U.S. national interest to build a Middle East security | |
pact that includes Israel, Egypt, the Gulf states, and potentially India, as a | |
second “Quad” arrangement. Protecting freedom of navigation in the Gulf | |
and in the Red Sea/Suez Canal is vital to the world economy and therefore | |
to U.S. prosperity as well. In North Africa, security cooperation with | |
European allies, especially France, will be vital to limit growing Islamist | |
threats and the incursion of Russian influence through positionings of the | |
Wagner Group. | |
The U.S. cannot neglect a concern for human rights and minority rights, | |
which must be balanced with strategic and security considerations. Special | |
attention must be paid to challenges of religious freedom, especially the | |
status of Middle Eastern Christians and other religious minorities, as well as | |
the human trafficking endemic to the region. | |
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First, the U.S. must prevent Iran from acquiring nuclear technology and | |
delivery capabilities and more broadly block Iranian ambitions. This means, | |
inter alia, reinstituting and expanding Trump Administration sanctions; | |
providing security assistance for regional partners; supporting, through | |
public diplomacy and otherwise, freedom-seeking Iranian people in | |
their revolt against the mullahs; and ensuring Israel has both the military | |
means and the political support and flexibility to take what it deems to be | |
appropriate measures to defend itself against the Iranian regime and its | |
regional proxies Hamas, Hezbollah, and Palestinian Islamic Jihad. | |
Mandate for Leadership: The Conservative Promise | |
Sub-Saharan Africa | |
Africa’s importance to U.S. foreign policy and strategic interests is rising and | |
will only continue to grow. Its explosive population growth, large reserves of | |
industry-dependent minerals, proximity to key maritime shipping routes, and its | |
collective diplomatic power ensure the continent’s global importance. Yet as Africa’s strategic significance has grown, the U.S.’s relative influence there has declined. | |
Terrorist activity on the continent has increased, while America’s competitors are | |
making significant gains for their own national interests. The PRC’s companies | |
dominate the African supply chain for certain minerals critical to emerging technologies. African nations comprise major country-bloc elements that shield the | |
PRC and Russia from international isolation for their human rights abuses—and | |
African nations staunchly support PRC foreign policy goals on issues such as Hong | |
Kong occupation, South China Seas dispute arbitration, and Taiwan. | |
The new Administration can correct this strategic failing of existing policy by | |
prioritizing Africa and by undertaking fundamental changes in how the United | |
States works with African nations. | |
At a bare minimum, the next Administration should: | |
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Shift strategic focus from assistance to growth. Reorient the focus of | |
U.S. overseas development assistance away from stand-alone humanitarian | |
development aid and toward fostering free market systems in African | |
countries by incentivizing and facilitating U.S. private sector engagement | |
in these countries. Development aid alone does little to develop countries | |
and can fuel corruption and violent conflict. While the United States should | |
always be willing to offer emergency and humanitarian relief, both U.S. and | |
African long-term interests are better served by a free market-based, private | |
growth-focused strategy to Africa’s economic challenges. | |
Counter malign Chinese activity on the continent. This should include | |
the development of powerful public diplomacy efforts to counter Chinese | |
influence campaigns with commitments to freedom of speech and the free | |
flow of information; the creation of a template “digital hygiene” program | |
that African countries can access to sanitize and protect their sensitive | |
communications networks from espionage by the PRC and other hostile | |
actors; the recognition of Somaliland statehood as a hedge against the U.S.’s | |
deteriorating position in Djibouti; and a focus on supporting American | |
companies involved in industries important to U.S. national interests or that | |
have a competitive advantage in Africa. | |
Counter the furtherance of terrorism. African country-based terrorist | |
groups like Boko Haram may currently lack the capability to attack the | |
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Department of State | |
United States, but at least some of them would eventually try if allowed to | |
consolidate their operations and plan such attacks. The immediate threat | |
they pose lies in their abilities and willingness to strike American targets in | |
their regions of operation or to harm U.S. interests in other ways. The U.S. | |
should support capable African military and security operations through | |
the State Department and other federal agencies responsible for granting | |
foreign military education, training, and security assistance. | |
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Build a coalition of the cooperative. Rather than thinning limited federal | |
resources by spreading funds across all countries (including some that are | |
unsupportive or even hostile to the United States,) the next Administration | |
should focus on those countries with which the U.S. can expect a mutually | |
beneficial relationship. After being designated focus countries by the | |
State Department, such nations should receive a full suite of American | |
engagement. That said, the next Administration should still maintain a | |
baseline level of contact even with those countries with which it has lessthan-fruitful relationships in order to encourage positive developments and | |
to be in position to seize unexpected diplomatic opportunities as they arise. | |
Europe | |
American foreign policy has long benefited from cooperation with the countries | |
of Europe (generally, the EU), and any conservative Administration should build | |
on this resource. Yet the transatlantic relationship is complex, with security, trade, | |
and political dimensions. | |
First, the Europe, Eurasia, and Russia region is made up of relatively wealthy | |
and technologically advanced societies that should be expected to bear a fair share | |
of both security needs and global security architecture: The United States cannot | |
be expected to provide a defense umbrella for countries unwilling to contribute | |
appropriately. At stake after 2024 will be examining the status of the Wales Pledge | |
of 2 percent of gross domestic product toward defense by NATO members. The | |
new Administration will also want to encourage nations to exceed that pledge. | |
Second, transatlantic trade is a significant part of the global economy, and it is | |
in the U.S. national interest to amplify it, especially because this means weaning | |
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Focus on core diplomatic activities, and stop promoting policies | |
birthed in the American culture wars. African nations are particularly | |
(and reasonably) non-receptive to the U.S. social policies such as abortion | |
and pro-LGBT initiatives being imposed on them. The United States should | |
focus on core security, economic, and human rights engagement with | |
African partners and reject the promotion of divisive policies that hurt the | |
deepening of shared goals between the U.S. and its African partners. | |
Mandate for Leadership: The Conservative Promise | |
Europe of its dependence on China. However, there are also transatlantic trade | |
tensions that disturb the U.S.–EU relationship and that have been evident across | |
Administrations. The U.S. must undertake a comprehensive review of trade | |
arrangements between the EU and the United States to assure that U.S. businesses | |
are treated fairly and to build productive reciprocity. Outside the EU, trade with | |
the post-Brexit U.K. needs urgent development before London slips back into the | |
orbit of the EU. | |
Third, in the wake of Brexit, EU foreign policy now takes place without U.K. | |
input, which disadvantages the United States, given that the U.K. has historically | |
been aligned with many U.S. positions. Therefore, U.S. diplomacy must be more | |
attentive to inner-EU developments, while also developing new allies inside the | |
EU—especially the Central European countries on the eastern flank of the EU, | |
which are most vulnerable to Russian aggression. | |
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South and Central Asia | |
Many key American interests and responsibilities are found in South and | |
Central Asia. Specifically, continuing to advance the bilateral relationship with | |
India to mutual benefit is a crucial objective for U.S. policy. India plays a crucial | |
role in countering the Chinese threat and securing a free and open Indo–Pacific. | |
It is a critical security guarantor for the key routes of air and sea travel linking | |
East and West and an important emerging U.S. economic partner. For instance, | |
the 2019 Department of Defense Indo–Pacific Strategy Report noted that the | |
Indian Ocean area “is at the nexus of global trade and commerce, with nearly | |
half of the world’s 90,000 commercial vessels and two thirds of global oil trade | |
traveling through its sea lanes. The region boasts some of the fastest-growing | |
economies on Earth.”14 | |
Meanwhile, the threat of transnational terrorism remains acute. The humiliating withdrawal of U.S. troops from Afghanistan after a 20-year military campaign | |
has created new challenges. It has provided an opportunity to reset the deeply | |
troubled U.S.–Pakistan relationship and reassess U.S. counterterrorism strategy | |
in the region. The long-standing India–Pakistan rivalry and tensions regarding the | |
disputed territory of Kashmir continue to pose risks to regional stability, especially | |
because both countries are nuclear powers. | |
The State Department’s role in strengthening the regional security and economic framework linking the U.S and India is crucial. In addition, the department | |
has important functional responsibilities in dealing with a range of threats from | |
nuclear proliferation to transnational proliferation. While American statecraft | |
should also seek to improve bilateral relations throughout the region, U.S. policy | |
must be clear-eyed and realistic about the perfidiousness of the Taliban regime in | |
Afghanistan and the military–political rule in Pakistan. There can be no expectation of normal relations with either. | |
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Department of State | |
The priority for statecraft is advancing the U.S.–Indian role as a cornerstone | |
of the Quad, a cooperative framework including the U.S., India, Japan, and Australia. The Quad is comprised of the key nations in coordinating efforts for a free | |
and open Indo–Pacific. It is an overarching group that nests the key U.S. bilateral | |
and trilateral cooperative efforts that facilitate U.S. collaborative efforts across | |
the Indo–Pacific. The State Department should also encourage the “Quad-Plus” | |
concept that allows other regional powers to participate in Quad coordination on | |
issues of mutual interest. Further, the State Department must support an integrated federal effort to deliver a revamped regional strategy for South Asia, as well | |
as leading the execution of key tasks to implement the strategy.15 | |
The Arctic | |
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Because of Alaska, the U.S. is an Arctic nation. The Arctic is a vast expanse of | |
land and sea rich in resources including fish, minerals, and energy. For example, | |
the region is estimated to contain 90 million barrels of oil and one-quarter of the | |
world’s undiscovered natural gas reserves.16 The Arctic is lightly populated: Only | |
4 million people in the world live above the Arctic Circle, with more than half of | |
those living in Russia. Only around 68,000 people in Alaska live above the Arctic | |
Circle.17 However, the sheer immensity of the Alaskan Arctic means its population | |
density is less than one person per square mile.18 | |
The United States has several strong interests in the Arctic region. The rate of | |
melting ice during summer months has led to increased interest not only from | |
shipping and tourism sectors, but also from America’s global competitors, who | |
are interested in exploiting the region’s strategic importance and accessing its | |
bounty of natural resources. | |
In the not-too-distant future, there will be a growing interest in the Arctic from | |
both state and non-state actors alike. China has been open about its interest in | |
the region, primarily as a highway for trade but also for its rich natural resources. | |
While the PRC’s increasing intervention in Arctic affairs is a bit strained because | |
it does not have an Arctic coastline, Russia does—and Russia has made no secret | |
of its view that the Arctic is vital for economic and military reasons. Russia has | |
invested heavily in new and refurbished Arctic bases and cold-weather equipment | |
and capabilities. The north star of U.S. Arctic policy should remain national sovereignty, safeguarded through robust capabilities as well as through diplomatic, | |
economic, and legal attentiveness. | |
The next Administration should embrace the view that NATO must acknowledge that it is, in part, an Arctic alliance. With the likely accession of Finland and | |
Sweden to NATO, every Arctic nation except for Russia will be a NATO member | |
state. NATO has been slow to appreciate that the Arctic is a theater that it must | |
defend, especially considering Russia’s brazen aggression against Ukraine. NATO | |
must develop and implement an Arctic strategy that recognizes the importance of | |
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Mandate for Leadership: The Conservative Promise | |
the region and ensures that Russian use of Arctic waters and resources does not | |
exceed a reasonable footprint. | |
The U.S. should unapologetically pursue American interests in the Arctic by | |
promoting economic freedom in the region. Economic freedom spurs prosperity, | |
innovation, respect for the rule of law, jobs, and sustainability. Most important, | |
economic freedom can help to keep the Arctic stable and secure. | |
The U.S. should work to ensure that shipping lanes in the Arctic remain available to all global commercial traffic and free of onerous fees and burdensome | |
administrative, regulatory, and military requirements. While this should be the | |
next Administration’s policy with respect to all countries that might seek to block | |
free-flowing commercial traffic, the next Administration will clearly have to exert | |
substantial attention toward Russia. | |
Both the U.S. Coast Guard and the U.S. Navy are vital tools to ensure an unmonopolized Arctic. It is imperative that the Navy and Coast Guard continue to | |
expand their fleets, including planned icebreaker acquisitions, to assure Arctic | |
access for the United States and other friendly actors. The remote and harsh conditions of the Arctic also make unmanned system investment and use particularly | |
appealing for providing additional situational awareness, intelligence, surveillance, | |
and reconnaissance. The Coast Guard should also consider upgrading facilities, | |
such as its Barrow station, to reinforce its Arctic capabilities and demonstrate a | |
greater commitment to the region. | |
The People’s Republic of China has declared itself a “near-Arctic state,” which | |
is an imaginary term non-existent in international discourse. The United States | |
should work with like-minded Arctic nations, including Russia, to raise legitimate | |
concerns about the PRC’s so-called Polar Silk-Road ambitions. | |
Concerning Greenland, the opening of a U.S. consulate in Nuuk is welcome. A | |
formal year-round diplomatic presence is an effective way for the U.S. to better | |
understand local political and economic dynamics. Furthermore, given Greenland’s geographic proximity and its rising potential as a commercial and tourist | |
location, the next Administration should pursue policies that enhance economic | |
ties between the U.S. and Greenland. | |
INTERNATIONAL ORGANIZATIONS | |
Defending and protecting the American people and advancing their interests | |
requires the United States to engage in a broad spectrum of bilateral and multilateral | |
relationships, including participating in international organizations. Working with | |
other governments through international organizations like the United Nations | |
(U.N.) can be tremendously useful—but membership in these organizations must | |
always be understood as a means to attain defined goals rather than an end in itself. | |
Engagement with international organizations is one relatively easy way for the | |
U.S. to defend its interests and to seek to address problems in concert with other | |
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nations, but it is not the only option—and American diplomats should be cleareyed about international organizations’ strengths and weaknesses. When such | |
institutions act against U.S. interests, the United States must be prepared to take | |
appropriate steps in response, up to and including withdrawal. The manifest failure | |
and corruption of the World Health Organization (WHO) during the COVID-19 | |
pandemic is an example of the danger that international organizations pose to U.S. | |
citizens and interests. | |
The next Administration must end blind support for international organizations. If an international organization is effective and advances American | |
interests, the United States should support it. If an international organization | |
is ineffective or does not support American interests, the United States should | |
not support it. Those that are effective will still require constant pressure from | |
U.S. officials to ensure that they remain effective. Serious consideration should | |
also be given to withdrawal from organizations that no longer have value, quietly | |
undermine U.S. interests or goals, or disproportionately rely on U.S. financial contributions to survive. | |
The Trump Administration’s “tough love” approach to international organizations served American interests. For example, the Trump Administration withdrew | |
from, or terminated funding for, the United Nations Human Rights Council, the | |
United Nations Educational, Scientific and Cultural Organization, the United | |
Nations Relief and Works Agency, and the WHO. The results were redeployment | |
of taxpayer dollars to better uses—and other organizations “getting the message” | |
that the United States will not allow itself and its money to be used to undermine | |
its own interests. | |
The Biden Administration reversed many of these decisions. Currently, U.S. | |
funding for international organizations is more than $16 billion in fiscal year | |
2021—a sharp increase from $10.8 billion in fiscal year 2015.19 Millions of American | |
taxpayer dollars go to support policies and initiatives that hurt the United States | |
and American citizens. | |
The next Administration should direct the Secretary of State to initiate a | |
comprehensive cost-benefit analysis of U.S. participation in all international | |
organizations. This review should take into account long-standing provisions in | |
federal law that prohibit the use of taxpayer dollars to promote abortion, population control, and terrorist activities, as well as other applicable restrictions on | |
funding for international organizations and agencies with a view to withholding | |
U.S. funds in cases of abuses. | |
International organizations should not be used to promote radical social policies as if they were human rights priorities. Doing so undermines actual human | |
rights and weakens U.S. credibility abroad. The next Administration should use | |
its voice, influence, votes, and funding in international organizations to promote authentic human rights and respect for sovereignty based on the binding | |
| |
Mandate for Leadership: The Conservative Promise | |
international obligations contained in treaties that have been constitutionally | |
ratified by the U.S. government. It must promote a strict text-based interpretation of treaty obligations that does not consider human rights treaties as “living | |
instruments” both within the State Department and within international organizations that receive U.S. funding, including by making respect for sovereignty and | |
authentic human rights a litmus test of personnel decisions and elections processes | |
within international organizations. | |
The U.S. Commission on Unalienable Human Rights focused on the primacy | |
of civil and political rights in its inaugural report, which remains an important | |
guidepost for bilateral and multilateral engagements on human rights. The commission’s report is a roadmap for revamping and reenergizing U.S. human rights | |
policy and should be the basis for both structural and policy changes throughout | |
the State Department.20 All U.S. multilateral engagements must be reevaluated | |
in light of the work of the commission, and initiatives that promote controversial | |
policies must be halted and rolled back. | |
It is paramount to create a healthy culture of respect for life, the family, sovereignty, and authentic human rights in international organizations and agencies. To | |
support this goal, the U.S. led an effort during the Trump Administration to forge a | |
consensus among like-minded countries in support of human life, women’s health, | |
support of the family as the basic unit of human society, and defense of national | |
sovereignty. The result was the Geneva Consensus Declaration on Women’s Health | |
and Protection of the Family.21 All U.S. foreign policy engagements that were produced and expanded under the Obama and Biden Administrations must be aligned | |
with the Geneva Consensus Declaration and the work of the U.S. Commission on | |
Unalienable Human Rights. | |
The U.S. government should not and cannot promote or fund abortion in international programs or multilateral organizations. Technically, the United States can | |
prevent its international funding from going toward abortions, but the U.S. will | |
have a greater impact by including like-minded nations and building on the coalition launched through the Geneva Consensus Declaration, with a view to shaping | |
the work of international agencies by functioning as a united front. | |
The COVID-19 pandemic made it painfully clear that both international organizations—and some countries—are only too willing to trample human rights in the | |
name of public health. For example, the WHO was, and remains, willing to support | |
the suppression of basic human rights, partially because of its close relationship | |
with human rights abusers like the PRC. | |
The next Administration should unequivocally embrace the premise that | |
humanity and the international community can simultaneously tackle pandemics and other emergent health threats without impeding the rights of people. It | |
must also become a vocal surrogate for people in countries where rights are being | |
suppressed in the name of health. This will likely require greater restrictions on | |
— 192 — | |
Department of State | |
the supply of federal dollars to the WHO and other health-focused international | |
organizations pending adjustment of their policies. | |
The United States must return to treating international organizations as vehicles for promoting American interests—or take steps to extract itself from those | |
organizations. | |
SHAPING THE FUTURE | |
l | |
Develop a reorganization strategy. Despite periodic attempts by | |
previous Administrations (including the Trump Administration) to make | |
more than cosmetic changes to the State Department, its structure has | |
remained largely unchanged since the 20th century.23 The State Department | |
will better serve future Administrations, regardless of party, if it were to | |
be meaningfully streamlined. The next Administration should develop | |
a complete hypothetical reorganization of the department—one which | |
would tighten accountability to political leadership, reduce overhead, | |
eliminate redundancy, waste fewer taxpayer resources, and recommend | |
additional personnel-related changes for improvement of function. | |
Such reorganization could be creative, but also carefully review specific | |
structure-related problems that have been documented over the years. | |
This reorganization effort would necessarily assess what office closures | |
— 193 — | |
| |
Development of a grand foreign policy strategy is key to the next Administration’s success, but without addressing structural and related issues of the State | |
Department, this strategy will be at risk. The Hart–Rudman Commission called for | |
a significant restructuring of the State Department specifically and foreign assistance programs generally, stating that funding increases could only be justified if | |
there was greater confidence that institutions would use their funding effectively.22 | |
Sadly, the exact opposite has occurred. The State Department has metastasized in | |
structure and resources, but neither the function of the department nor the use of | |
taxpayer dollars has improved. The next Administration can take steps to remedy | |
these deficiencies. | |
The State Department’s greatest problem is certainly not an absence of | |
resources. As noted, the department boasts tens of thousands of employees and | |
billions of dollars of funding—including significant amounts of discretionary funding. It also exists among a broader array of federal agencies that are duplicative, | |
particularly when it comes to the provision of direct and indirect foreign assistance. | |
Realistically, meaningful reform of the State Department will require significant | |
streamlining. | |
Below are some key structural and operational recommendations that will be | |
essential for the next Administration’s success, and which will lay crucial foundations for other necessary reforms. | |
Mandate for Leadership: The Conservative Promise | |
can be carried out with and without congressional approval. Timelines for | |
action on these fronts should be developed accordingly, but speed should | |
be a priority. | |
l | |
Consolidate foreign assistance authorities. Foreign assistance is a | |
critical foreign policy tool that is too often disconnected from the federal | |
government’s practice of foreign policy. Bureaucrats spend significant | |
energy resisting the use of non-emergency foreign assistance to leverage | |
positive results for the United States, even though it is a perfectly | |
reasonable proposition. The coordination of foreign assistance dollars is | |
also difficult because the foreign assistance budget and foreign loan issuance | |
authorities are divided across numerous Cabinet departments, smaller | |
agencies, and other offices. | |
| |
The next Administration should take steps to ensure that future foreign | |
assistance clearly and unambiguously supports the President’s foreign | |
policy agenda. For example, the next administrator of the U.S. Agency | |
for International Development, which is technically subordinate to the | |
State Department, should be authorized to take on the additional role | |
of Director of Foreign Assistance with the rank of Deputy Secretary and | |
oversee all foreign assistance. This role—which existed briefly during | |
the George W. Bush Administration before it was eliminated by the | |
Obama Administration—would empower the dual-hatted official to better | |
align and coordinate with the manifold foreign assistance programs | |
across the federal government. The next Administration should also | |
evaluate whether these multiple sources of foreign assistance are in | |
the national interest and, if not, develop a plan to consolidate foreign | |
assistance authorities. | |
l | |
Make public diplomacy and international broadcasting serve | |
American interests. A key part of U.S. foreign policy is the ability to | |
communicate with not only governments but with the peoples of the world. | |
Indeed, in some ways, communicating directly with the public is more | |
important than communicating with governments, particularly in times of | |
governmental conflict or disagreement. Public diplomacy has historically | |
been, and remains, vital to American foreign policy success. Unfortunately, | |
U.S. public diplomacy, which largely relies on taxpayer-funded international | |
broadcasting outlets, has been deeply ineffective in recent years. | |
The U.S. government’s first foray into international broadcasting started | |
with the Voice of America radio broadcast in 1942, which was intended as | |
— 194 — | |
Department of State | |
a tool to communicate directly with the people of Europe during World | |
War II. During the next half-century, America’s international broadcasting | |
efforts both expanded and increased in sophistication as the United States | |
shifted out of its “hot” war in Europe and into the Cold War with the | |
Soviet Union. U.S. international broadcasting prowess, and the confident | |
willingness to communicate the correctness of American ideals in the face | |
of global resistance, arguably hit its peak near the conclusion of the Cold | |
War in the late 1980s. | |
Since the fall of the Berlin Wall in 1989 and the subsequent collapse | |
of Soviet and Eastern Bloc Communism, factors including the false | |
appeal of a so-called peace dividend triggered a slide in the U.S. ability to | |
communicate a pro-freedom message to the rest of the world and in its | |
commitment to do so. Ironically, this slide accompanied the rise of the | |
Internet and mobile phone technologies, which arguably facilitated the | |
most significant revolution in human communication since the invention of | |
the printing press. | |
l | |
Engage in cyber diplomacy. Cyberspace has become an arena for | |
competition between the U.S. and nations that seek and export digital | |
authoritarianism. Cyberspace protection is critical to national security and | |
deserving of commensurate diplomatic resources. Defined as “the use of | |
diplomatic tools to address issues arising in and through cyberspace,” cyber | |
diplomacy is a key part of the U.S. government’s toolkit for preventing and | |
addressing cyber threats.24 | |
The model for cyberspace that the U.S. espouses is based on democracy | |
and freedom of information. It is “an open, interoperable, secure, reliable, | |
market-drive, domain that reflects democratic values and protects privacy.”25 | |
Russia and China, meanwhile, are authoritarian regimes that use the | |
Internet to limit public opposition and control information. They have | |
created technological tools to enforce dominance over their peoples, and | |
at the U.N. and international organizations dealing with cyberspace, they | |
strive to push standards that assist their totalitarian efforts and undermine | |
Western nations. | |
— 195 — | |
| |
The United States must reassert its public diplomacy obligations by | |
restoring its international broadcasting infrastructure as part of the broader | |
U.S. foreign policy framework, consolidating broadcasting resources and | |
recommitting to people-focused and pro-freedom messaging and content. | |
Mandate for Leadership: The Conservative Promise | |
Simultaneously, Russia, China, and lesser adversaries exploit the more | |
open networks of countries like the U.S. to undermine democracy through | |
disinformation and propaganda. They have attempted to influence U.S. | |
elections; enabled or encouraged actors to exploit cyber vulnerabilities | |
to commit theft of real or intellectual property; and have challenged | |
U.S. governmental, military, and critical infrastructure networks with | |
targeted malware. | |
| |
In short, the cyberspace era has gradually evolved from one of exploration, | |
innovation, and cooperation to one that retains these features but is also | |
marked by aggressive competition and persistent threats. To meet this | |
reality, the State Department must move beyond its traditional model of | |
attempting to establish non-binding, informal world standards of acceptable | |
cyberspace behavior. The State Department should work with allies to | |
establish a clear framework of enforceable norms for actions in cyberspace, | |
moving beyond the voluntary norms of the United Nations Group of | |
Governmental Experts.26 | |
The State Department should also assist the Department of Defense to go | |
“on offence” against adversaries. “Deterrence as a strategic approach has not | |
stemmed the onslaught of cyber aggression below the level of armed conflict.”27 | |
The traditional U.S. defensive approach based on deterrence followed by | |
reaction to crossed “red lines” is no longer effective. Adversaries can evade | |
this strategy through multiple tactical lines of action below the level of | |
armed conflict, and such actions have a cumulative strategic effect. The State | |
Department’s role should be to work with allies and engage with adversaries | |
when necessary to draw clear lines of unacceptable conduct. Global financial | |
infrastructure, nuclear controls, and public health are particularly important | |
areas in which consensus may even be found across ideological lines. | |
These mission-essential institutional initiatives should be joined with others | |
to establish a presidentially directed and durable U.S. foreign policy. | |
CONCLUSION | |
The next conservative President has the opportunity and the duty to restructure | |
the creation and execution of U.S. foreign policy so that it is focused on his or her | |
vision for the nation's role in the world. The policy ideas and reform recommendations outlined in this chapter provide guidance about how the State Department | |
can contribute to this objective. | |
In the main, this chapter refocuses attention away from the special interests | |
and social experiments that are used in some quarters to capture U.S. foreign policy. | |
— 196 — | |
Department of State | |
The ideas and recommendations herein are premised on the belief that a rigorous | |
adherence to the national interest is the most enduring foundation for U.S. grand | |
strategy in the 21st century. | |
| |
AUTHOR’S NOTE: Thanks to the entire State Department chapter team, the leaders and staff of the 2025 | |
Presidential Transition Project, and my colleagues at The Heritage Foundation’s Davis Center. In particular, I would | |
like to acknowledge the following colleagues: Russell Berman, Sarah Calvis, James Carafano, Spencer Chretien, | |
Wesley Coopersmith, Paul Dans, Steven Groves, Simon Hankinson, Joseph Humire, Michael Pillsbury, Max Primorac, | |
Reed Rubenstein, Brett Schaefer, Jeff Smith, Hillary Tanoff, Erin Walsh, and John Zadrozny. | |
— 197 — | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
9. | |
| |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
16. | |
17. | |
18. | |
19. | |
20. | |
U.S. Department of State, “About the U.S. Department of State: Our History,” https://www.state.gov/about/ | |
(accessed March 9, 2023). | |
The balance of employment is 2,149 eligible family members and 50,223 locally employed staff. U.S. | |
Department of State, “GTM Fact Sheet: Facts About Our Most Valuable Asset—Our People,” Global Talent | |
Management, December 31, 2022, https://www.state.gov/wp-content/uploads/2023/01/GTM_Factsheet1222. | |
pdf (accessed March 9, 2023). | |
U.S. Commission on National Security, Road Map for National Security: Imperative for Change, Phase III Report, | |
February 15, 2001, p. x, http://govinfo.library.unt.edu/nssg/PhaseIIIFR.pdf (accessed March 9, 2023). | |
See Brett D. Schaefer, “How to Make the State Department More Effective at Implementing U.S. Foreign | |
Policy,” Heritage Foundation Backgrounder No. 3115, April 20, 2016, https://www.heritage.org/politicalprocess/report/how-make-the-state-department-more-effective-implementing-us-foreign. | |
Historically, roughly one-third of ambassadorial appointments have been political appointments, although | |
Republican Administrations have generally had a higher ratio of political appointments than Democratic | |
Administrations. | |
U.S. Constitution, art. 2, sec. 2, cl. 2. | |
News release, “Secretary Blinken Launches the Office of China Coordination,” U.S. Department of State, | |
December 16, 2022, https://www.state.gov/secretary-blinken-launches-the-office-of-china-coordination/ | |
(accessed March 9, 2023). | |
Immigration and Nationality Act, 8 U.S. Code § 1101 et seq., § 1253. | |
See Michael Pillsbury, The Hundred Year Marathon: China’s Secret Strategy to Replace the United States as a | |
Global Superpower (NY: St. Martin’s Griffin, 2016). | |
For additional context regarding how countering China fits in a more robust U.S. strategy, see James Jay | |
Carafano et al., “Foreign Policy: Strategy for a Post-Biden Era,” Heritage Foundation Backgrounder No. 3715, | |
July 21, 2022, https://www.heritage.org/defense/report/foreign-policy-strategy-post-biden-era. | |
The Article X for China would follow George Kennan’s Article X for U.S.–Soviet competition. See George F. | |
Kennan, “The Sources of Soviet Conduct,” Foreign Affairs, July 1947, https://www.foreignaffairs.com/articles/ | |
russian-federation/1947-07-01/sources-soviet-conduct (accessed March 22, 2023). | |
Dean Cheng et al., “Assessing Beijing’s Power: A Blueprint for the U.S. Response to China Over the Next | |
Decades,” Heritage Foundation Special Report No. 221, February 20, 2010, https://www.heritage.org/asia/ | |
report/assessing-beijings-power-blueprint-the-us-response-china-over-the-next-decades. | |
Eric W. Orts, “The Rule of Law in China,” Vanderbilt Journal of Transnational Law, Vol. 34, No. 1 (January 2001), | |
https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1686&context=vjtl (accessed March 9, 2023). | |
U.S. Department of Defense, Indo–Pacific Strategy Report: Preparedness, Partnerships, and Promoting a | |
Networked Region, June 1, 2019, https://media.defense.gov/2019/Jul/01/2002152311/-1/-1/1/DEPARTMENT-OFDEFENSE-INDO-PACIFIC-STRATEGY-REPORT-2019.PDF (accessed July 28, 2022). | |
See Jeff Smith, “South Asia: A New Strategy,” Heritage Foundation Backgrounder No. 3721, August 29, 2022, | |
https://www.heritage.org/asia/report/south-asia-new-strategy. | |
Emma Bryce, “Why Is There So Much Oil in the Arctic?” Live Science, August 3, 2019, https://www.livescience. | |
com/66008-why-oil-in-arctic.html (accessed February 9, 2023). | |
“Changes in the Arctic: Background and Issues for Congress,” Congressional Research Service Report for | |
Congress, updated January 26, 2021, p. 6, https://crsreports.congress.gov/product/pdf/R/R41153/177 (accessed | |
March 9, 2023). | |
U.S. Department of Homeland Security, Science and Technology, “Snapshot: Overcoming the Tyranny of | |
Distance in the Arctic,” April 20, 2020, https://www.dhs.gov/science-and-technology/news/2020/04/20/ | |
snapshot-overcoming-tyranny-distance-arctic (accessed February 9, 2023). | |
U.S. Department of State, “U.S. Contributions to International Organizations, 2021,” September 20, 2022, | |
https://www.state.gov/u-s-contributions-to-international-organizations-2021/ (accessed March 9, 2023), and | |
U.S. Department of State, “U.S. Contributions to International Organizations, 2015,” November 1, 2016, https:// | |
www.state.gov/u-s-contributions-to-international-organizations-2015/ (accessed March 9, 2023). | |
U.S. Department of State, Report on the Commission of Inalienable Rights, https://www.state.gov/wp-content/ | |
uploads/2020/07/Draft-Report-of-the-Commission-on-Unalienable-Rights.pdf (accessed March 9, 2023). | |
— 198 — | |
Department of State | |
21. “Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family,” October | |
22, 2021, https://www.theiwh.org/wp-content/uploads/2022/02/GCD-Declaration-2021-2.pdf (accessed | |
March 13, 2023). | |
22. U.S. Commission on National Security, Road Map for National Security. | |
23. U.S. Department of State, “Organization Chart,” November 2004, https://2009-2017.state.gov/s/d/rm/rls/ | |
perfrpt/2004/html/39764.htm (accessed March 9, 2023); U.S. Department of State, “Organization Chart,” | |
November 2016, https://2009-2017.state.gov/documents/organization/263637.pdf (accessed March 9, 2023); | |
U.S. Department of State, “Organization Chart,” February 2020, https://2017-2021.state.gov/wp-content/ | |
uploads/2021/01/Dept-Org-Chart-Feb-2020-508.pdf (accessed March 9, 2023); U.S. Department of State, | |
“DOS Org Chart August 2021,” August 2021, https://www.state.gov/department-of-state-organization-chart/ | |
dos-org-chart-august-2021/ (accessed March 9, 2023); and U.S. Department of State, “Organization Chart,” | |
May 2022, https://www.state.gov/wp-content/uploads/2022/05/DOS-Org-Chart-5052022-Non-Accessible. | |
pdf (accessed March 9, 2023). | |
24. Emily O. Goldman, “Cyber Diplomacy for Strategic Competition: Fresh Thinking and New Approaches | |
Are Needed on Diplomacy’s Newest Frontier,” Foreign Service Journal, June 2021, http://afsa.org/cyberdiplomacy-strategic-competition (accessed March 9, 2023). | |
25. Emily Goldman, “From Reaction to Action: Adopting a Competitive Posture in Cyber Diplomacy,” Texas | |
National Security Review, Vol. 3, No. 4 (Fall 2020), https://tnsr.org/wp-content/uploads/2020/09/TNSR-Vol3Iss4-Goldman.pdf (accessed March 9, 2023). | |
26. United Nations General Assembly, “Group of Government Experts on Advancing Responsible State Behaviour | |
in Cyberspace in the Context of International Security,” A/76/135, July 14, 2021, https://front.un-arm.org/wpcontent/uploads/2021/08/A_76_135-2104030E-1.pdf (accessed March 10, 2023). | |
27. Goldman, “Cyber Diplomacy.” | |
| |
— 199 — | |
| |
7 | |
INTELLIGENCE | |
COMMUNITY | |
Dustin J. Carmack | |
MISSION STATEMENT | |
OVERVIEW | |
The United States Intelligence Community (IC) is a vast, intricate bureaucracy | |
spread throughout 18 independent and Cabinet subagencies.1 According to the | |
Office of the Director of National Intelligence (ODNI), the IC’s mission is “to collect, analyze, and deliver foreign intelligence and counterintelligence information | |
to America’s leaders so they can make sound decisions to protect our country.”2 | |
An incoming conservative President needs to use these intelligence authorities | |
aggressively to anticipate and thwart our adversaries, including Russia, Iran, North | |
Korea, and especially China, while maintaining counterterrorism tools that have | |
demonstrated their effectiveness. This means empowering the right personnel | |
to manage, build, and effectively execute actions dispersed throughout the IC to | |
deliver intelligence in an ever-challenging world. It also means removing redundancies, mission creep, and IC infighting that could prevent these collection tools | |
from providing objective, apolitical, and empirically backed intelligence to the IC’s | |
premier customer: the President of the United States. | |
Today, as Abraham Lincoln famously said, “The occasion is piled high with | |
difficulty, and we must rise with the occasion…. [W]e must think anew, and act | |
— 201 — | |
| |
To arm a future incoming conservative President with the knowledge and tools | |
necessary to fortify the United States Intelligence Community; to defend against | |
all foreign enemies and ensure the security and prosperity of our sovereign nation, | |
devoid of all political motivations; and to maintain constitutional civil liberties. | |
| |
Mandate for Leadership: The Conservative Promise | |
anew.”3 The Intelligence Community maintains an incredible capacity to achieve | |
its mission, but both the IC and the somewhat antiquated infrastructure that supports it often place too high a priority on yesterday’s threats and methodologies | |
instead of trying to identify possible future threats or the methodologies that | |
might be needed to combat them. The IC also often spends too much time overcorrecting for past mistakes. The unintended consequences include hesitancy, | |
groupthink, and an overly cautious approach that allows personal incentives to | |
drive preset courses. | |
The IC must be perceived as a depoliticized protector of America’s civil rights | |
and security. The American people are understandably frustrated by the fact that | |
those who abuse power are rarely held to account for their actions. This must | |
change, beginning with leadership that is both committed to ensuring that these | |
agencies faithfully execute the laws of the land under the Constitution and resolved | |
to punish and remove any officials who have abused the public trust. | |
The IC must also start to look forward, not backward. A concerted, disciplined, | |
leadership-led initiative must be undertaken to refocus and shift IC prioritization, | |
funding, and authorities to new and emerging threats, technologies, and methodologies if the United States is to prevail against its global adversaries.4 Unfortunately, | |
America’s major strategic threat is a nation-state peer and possibly ahead of the | |
U.S. in strategic areas. An incoming President must understand that today’s intelligence competition could well require analyzing technologies the U.S. does not | |
have or compartmentalizing certain information as was done during the Cold | |
War because of intelligence penetration. A future President’s ability to drive the | |
resources needed to defeat another nation-state giant should therefore be the | |
focus of near-term IC reforms. | |
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (ODNI) | |
The ODNI was established in the aftermath of the attacks on 9/11 and intelligence failures leading up to the 2003 U.S. war in Iraq. The office and its functions | |
stem from authorities established under executive orders promulgated by | |
President George W. Bush in 2004, followed by statutory authorizations in the | |
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA).5 | |
Proponents of an ODNI hoped to establish reforms similar to the Goldwater– | |
Nichols Department of Defense (DOD) reforms of the 1980s, which identified | |
recurring problems within DOD’s command-and-control architecture and led to | |
unified Combatant Commands with the Chairman of the Joint Chiefs of Staff as | |
the senior ranking member of the armed forces and principal military adviser to | |
the President. The ODNI was envisioned as a small but powerful IC coordinating | |
agency led by a Director of National Intelligence (DNI). As the President’s principal | |
intelligence adviser, the DNI would lead and provide oversight of the President’s | |
intelligence authorities while wielding a cudgel—budget and appointment | |
— 202 — | |
Intelligence Community | |
Prior DNIs were the head of the IC only on paper and were routinely | |
accustomed to yielding IC actions and decisions to the preferences of the | |
CIA and other agencies. My ability to begin reversing that capitulation was | |
accomplished solely because President Trump made it repeatedly clear to the | |
entire national security apparatus that he expected all intelligence matters to | |
go through the DNI.9 | |
— 203 — | |
| |
authorities—to break institutional silos that had caused past intelligence integration failures. | |
Originally envisioned by the 9/11 Commission as a strengthened, authoritative | |
position, the final congressionally negotiated product signed by President Bush | |
has led to ambiguous and vague authorities that are dependent on who is selected | |
as DNI and Central Intelligence Agency (CIA) Director and their level of support | |
from the White House and National Security Council (NSC). 9/11 Commission | |
Executive Director Philip Zelikow warned in a 2004 hearing that creating a new | |
agency “lacking any existing institutional base…would require authorities at least | |
as strong as those we have proposed or else it would create a bureaucratic fifth | |
wheel that would make the present situation even worse.”6 The ODNI has become | |
that bureaucratic fifth wheel about which Zelikow warned. | |
For example, under the Bush Administration’s initial legislative proposal, the | |
CIA Director would have been under the “authority, direction, and control” of the | |
DNI and no longer the head of an autonomous agency. Additional mechanisms | |
envisioned full budget authority for the DNI, including within DOD’s intelligence | |
components, as opposed to coordinating authority. Through arduous “sausage-making” and relatively quick negotiations, lawmakers produced statutorily | |
vague authorities that traded away the DNI’s ability to direct budgetary authority | |
across the entire IC, including DOD, and left the CIA a subordinate but independent agency with duties to report to the DNI without explicit directing authority. | |
These statutory developments were what led President Bush’s first choice to | |
serve as DNI, Robert Gates, to turn down the position. In discussions with the | |
White House over the post, Gates noted that the “legislation weakened the leadership of the community” and that “instead of a stronger person, you ended up | |
with a weaker person because the DNI had no troops and no additional powers | |
really on the budget, hiring, and firing.”7 Gates noted that success would require | |
the President to “make explicit publicly that the DNI is head of the Intelligence | |
Community, not some budgeter or coordinator,” and that “[t]he position’s only | |
prayer of success is for the president to say plainly…how he sees the job. Without | |
his explicit mandate…the endeavor is doomed to fail.”8 | |
One of the two DNIs confirmed by the Senate during the Trump Administration, John Ratcliffe, acknowledged that Gates’s theoretical concerns became the | |
practical reality that he inherited: | |
| |
Mandate for Leadership: The Conservative Promise | |
To help further the legislative intent behind IRTPA, DNI Ratcliffe advised | |
during the transition of incoming Biden DNI Avril Haines that the DNI should | |
be the only Cabinet-level intelligence official.10 While his recommendation was | |
adopted and has corrected the previously allowed imbalance by making the DNI | |
the only Cabinet official and head of the IC at the table, the ODNI’s effectiveness | |
and direction leave much to be desired. | |
A conservative President must decide how to empower an individual to oversee | |
and manage the Intelligence Community effectively. To be successful, the DNI | |
and ODNI must be able to lead the IC and implement the President’s intelligence | |
priorities. This includes being able to exercise both budget and personnel authority | |
and being able to rely on timely, useful feedback from subordinate components of | |
the IC, many of which are located within other Cabinet agencies. | |
The ODNI needs to direct, not replicate in-house, the other IC agencies’ analytic, | |
operational, and management functions. Considerations like mismanagement | |
of human resources, joint-duty assignments, and accelerated growth in senior | |
personnel can cause a President to dictate to his incoming DNI a desire to slash | |
redundant positions and expenditures while simultaneously giving the DNI the | |
authority to drive necessary changes throughout the IC to deal with the nation’s | |
most compelling threats, including those emanating from China. As John Ratcliffe | |
has noted, “These are essential to the DNI having the abilities and authorities to | |
effectively direct, coordinate, and tackle the immense national security challenges | |
ahead for the Intelligence Community as intended under IRTPA.”11 | |
Otherwise, other Cabinet and subordinate IC agencies will continue to regard | |
the ODNI as an annoyance and not as a positive contributor to the National Intelligence Program (NIP) budget. They will continue to work around or circumvent | |
ODNI leadership decisions with appropriators and the Office of Management and | |
Budget (OMB) or seek to wait out an Administration or DNI to prevent a policy or | |
intelligence priority from reaching fruition. | |
Intelligence and interagency coordination has improved significantly since | |
9/11. Nevertheless, interagency rivalries and festering issues continue to cause | |
duplication of effort on intelligence analysis and technology purchases as well as | |
overclassification and ever-increasing compartmentalization. Additional issues | |
include the abuse of mandated onboarding approval and reciprocity timelines by | |
some agencies, recruitment and retention failures, and a lack of will to remove | |
underperforming or timely adjudicate the misconduct of senior managers and | |
other employees. | |
Finally, future IC leadership must address the widely promoted “woke” culture that has spread throughout the federal government with identity politics and | |
“social justice” advocacy replacing such traditional American values as patriotism, | |
colorblindness, and even workplace competence. | |
— 204 — | |
Intelligence Community | |
EXECUTIVE ORDER 12333 | |
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Address the threats to the United States and its allies in cyberspace. | |
These threats range from cyberwarfare to information operations. The | |
amended order should clearly delineate the roles and responsibilities of | |
the various U.S. government cyber missions, including the recently created | |
National Cyber Director’s Office and power centers at the NSC, while | |
protecting the privacy and civil liberties of U.S. citizens. | |
Under the DNI’s direction, the cyber mission should explicitly identify | |
how information in the cyber domain will be shared promptly with the | |
warfighters, from law enforcement agencies to the broader IC and state, | |
— 205 — | |
| |
IRTPA was passed in the aftermath of the 9/11 attacks against the homeland. It | |
was intended to improve the sharing of information among the elements of the | |
IC, recognizing that the nature of the threats we now face blurs the lines between | |
foreign and domestic intelligence in detecting and countering national security | |
threats against the homeland. An equally important objective in passing the most | |
significant intelligence reform since the National Security Act of 194712 was creation of the position of DNI, charged with assuming two of the three principal roles | |
that formerly belonged to the Director of Central Intelligence (DCI): serving as | |
principal intelligence adviser to the President and leading the IC as an enterprise. | |
Nearly two decades later, the DNI’s record of effectiveness in improving the | |
sharing of information and operating the IC as an enterprise is mixed. Implementation of the DNI’s roles as leader of the IC and principal intelligence adviser to | |
the President has been challenging. However, despite flaws in the legislation and | |
intelligence agencies’ bureaucratic jockeying that undermine the DNI, it is impossible to know what would emerge if Congress were to revisit the act. Seeking a | |
legislative solution therefore might carry with it more risks than benefits. Instead, | |
an incoming conservative President’s immediate focus should be on modifying | |
Executive Order 12333, the President’s direction for implementing IRTPA.13 | |
Executive Order 12333 was last amended on July 30, 2008, by President George | |
W. Bush.14 The revisions were aligned with IRTPA with significant emphasis on | |
having the IC address the threats to the homeland from international terrorism | |
and the proliferation of weapons of mass destruction. There is scant mention of | |
cyber threats and the evolving national security challenges posed by China, Russia, | |
and other U.S. adversaries. By extension, the revised order fell short of stipulating how the DNI would execute his authority to organize the IC in a manner that | |
improves the delivery of timely intelligence to a wide array of customers. | |
Executive Order 12333 should be amended to take account of the changing | |
landscape of threats and improve the functional aspects of America’s intelligence | |
enterprise. To that end, a revised order should: | |
Mandate for Leadership: The Conservative Promise | |
local, and tribal elements. The order should consider stipulating what to | |
do with DOD cyber agencies, most notably the NSA, in terms of strategic | |
(for example, the President and the DNI) vs. tactical support (for example, | |
support for the warfighter) in conjunction with ongoing congressionally | |
mandated reviews of the future dual-hatted relationship. | |
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Enhance the DNI’s role in overseeing execution of the National | |
Intelligence Program budget under the President’s authority. This | |
should be done in a manner that is consistent with Congress’s intent as | |
embodied in IRTPA. Under the executive order as written today, the DNI | |
“shall oversee and direct the implementation of the National Intelligence | |
Program.” In practice, the DNI’s authority to oversee execution of the IC’s | |
budget remains constrained by an inability to address changing intelligence | |
priorities and mandate the implementation of appropriated NIP funding to | |
higher intelligence priorities. | |
| |
The DNI should have the President’s direction to address emerging but | |
catastrophic threats such as those posed by bioweapons. Clarifying how | |
much budget authority the DNI has in conjunction (within the limits of | |
congressional appropriations) with OMB and IC-member Cabinet officials | |
to move around money and personnel is crucial, but positions will not | |
always be fungible. It will probably be necessary to hold IC leadership | |
accountable at intransigent agencies and to restructure areas through | |
executive orders in close conjunction with OMB, as needed. | |
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Clarify the DNI’s role as leader of the IC as an enterprise in building the | |
IC’s capabilities around its open-source collection and analytic missions. | |
The exponential growth in open-source information, often called OSINT, is not | |
disputed. In the IC, the use of publicly available information, notwithstanding | |
the authorities within IRTPA for the DNI to manage OSINT, remains | |
disaggregated. The explosion of private-sector intelligence products and | |
expertise should signal to IC leadership that duplicative efforts are unnecessary | |
and that limited resources should be focused on problematic collection tasks. | |
The IC should avoid duplication of what is already being done well in | |
the private sector and focus instead on complex questions that cannot | |
be answered by conventional and frequently increasing numbers of | |
commercial tools and capabilities. If necessary, for lack of results from the | |
National Open Source Committee, the DNI should appoint the Principal | |
Deputy Director of National Intelligence (PDDNI) as chairman to prioritize | |
and promote accountability for the IC’s 18 agencies toward this effort. | |
— 206 — | |
Intelligence Community | |
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Prioritize security clearance reform. Security clearance reform has | |
made significant progress under Trusted Workforce 2.0, a governmentwide | |
background investigation reform that was implemented beginning in 2018 | |
with the goal of creating one system with reciprocity across organizations. | |
This included allowing movement from periodic reinvestigations toward | |
a Continuous Vetting (CV) program with automated records checks, | |
adjudication of flags, the “mitigat[ion of ] personnel security situations | |
before they become a larger problem,” or the suspension or revocation of | |
clearances.15 However, human resources onboarding operations in major | |
agencies such as the CIA, FBI, and NSA remain to be resolved. | |
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Ensure the DNI’s authority. The DNI’s authority should be similar to an | |
orchestra conductor’s. An incoming conservative President will appoint | |
whomever he chooses as DNI, but there should be agreement between the | |
incoming DNI and President with advice and counsel from the Presidential | |
Personnel Office on selecting positions overseen by the DNI throughout | |
subordinate agencies, as well as concurrence by relevant Cabinet officials | |
and the CIA. This exists by executive order, but many Presidents, PPOs, and | |
Cabinet agency heads do not follow executive order guidance and necessary | |
norms. The importance of trust, character, and the ability to work together | |
to achieve a joint set of intelligence goals established by the President | |
cannot be overstated: It is a mission that can be accomplished only with the | |
conductor and his orchestra playing in sync. | |
Provide additional support for such economic and supply chain– | |
focused agencies as the Department of Commerce. Information sharing | |
and feedback can help subagencies like the Commerce Department’s | |
Bureau of Industry and Security to improve their understanding of the | |
— 207 — | |
| |
As executive agent for security clearances, the DNI must require results | |
from agencies that resist implementation, enforce the 48-hour reciprocity | |
guidance, and target human resources operations that fail to attract and | |
expediently onboard qualified personnel. Additional “carrots and sticks” | |
from executive order reform language, including moving the Security | |
Services Directorate from NCSC to ODNI with elevated status, may be | |
necessary. It is unacceptable for agencies to hinder opportunities for crossagency assignments, use public–private partnerships inefficiently because | |
of constraints on the transferability of security clearances, and lose future | |
talent because of extraordinary delays in backend operations. Proper vetting | |
to speed the onboarding of personnel with much-needed expertise is vital to | |
the IC’s future. | |
Mandate for Leadership: The Conservative Promise | |
threat from China and thereby counter it more effectively. They can also | |
aid the development of export control mechanisms and potential outbound | |
investment screening where necessary. Brief, specific governance language | |
should be considered that would apply counterterrorist authority models to | |
the broader functions of the U.S. government insofar as they are needed to | |
counter 21st century nation-state threats. | |
The success of any DNI rests with support from the President. Any revised | |
Executive Order 12333 must serve to express unequivocal support for the DNI in | |
executing the mandates that an amended order would provide. | |
| |
CENTRAL INTELLIGENCE AGENCY (CIA) | |
The CIA is a foreign intelligence collection service tasked with collecting human | |
intelligence (HUMINT), providing all-source intelligence analysis and reporting, and conducting covert action when required to do so by the President. The | |
CIA has its roots in the Office of Strategic Services (OSS), which the United States | |
established during World War II as a paramilitary and intelligence collection organization. After World War II, President Harry Truman disbanded the OSS, and the | |
CIA was established in law by the National Security Act of 1947. | |
As with every agency in government, the President's election sets a new agenda | |
for the country. Public servants must be mindful that they are required to help | |
the President implement that agenda while remaining apolitical, upholding the | |
Constitution and laws of the United States, and earning the public trust. The President requires a CIA that provides unbiased and apolitical foreign intelligence | |
information and, when necessary, can act capably and effectively on any covert | |
action findings. | |
Executing the Mission. The CIA’s success depends on firm direction from the | |
President and solid internal CIA Director–appointed leadership. Decisive senior | |
leaders must commit to carrying out the President’s agenda and be willing to take | |
calculated risks. Therefore: | |
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The next President-Elect and incoming Presidential Personnel Office | |
should identify a Director nominee who can foster a mission-driven culture | |
by making necessary personnel and structural changes. | |
The President-Elect should choose a Deputy Director who, without | |
needing Senate confirmation, can immediately begin to implement the | |
President’s agenda. This includes halting all current hiring to prevent | |
the “burrowing in” of outgoing political personnel. Additional appointees | |
should be placed within the agency as needed to assist the Director in | |
supervising its functioning. | |
— 208 — | |
Intelligence Community | |
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The Director and Deputy Director should request briefings on all CIA | |
activities and presence overseas, as well as any CIA-controlled access | |
programs and existing covert action findings, without exception. | |
The Director and Deputy Director should meet with all directorates and | |
mission centers, prioritizing those that are aligned most closely with the | |
President’s priorities and calibrating collection and operations based on | |
the President’s intelligence requirements. This includes any areas where | |
the CIA might be conducting its own diplomacy parallel to official State | |
Department policy. It must be clear that the CIA’s liaison relationships | |
overseas must follow and not contradict those set at the policy level by the | |
President through the State Department. | |
— 209 — | |
| |
The other principal offices responsible for executing the CIA’s mission include | |
the Directorate of Operations, Directorate of Analysis, Directorate of Science and | |
Technology, Directorate of Support, and Directorate of Digital Innovation. If senior | |
leadership finds any program or operation to be inconsistent with the President’s | |
agenda, the Director should immediately halt that program or operation. | |
Reining in Bureaucracy. The CIA’s bureaucracy continues to grow. Because | |
mid-level managers lack accountability, there are areas in which personnel are not | |
responsive to any authority, including the President. The President should instruct | |
the Director to hire or promote new individuals to lead the various directorates | |
and mission centers. This new crop of mid-level leaders should carry out clear | |
directives from senior CIA leadership, which means more accountability and new | |
ways of thinking to benefit the mission. | |
In addition, the President should task the Director with significantly broadening | |
recruitment, expediting onboarding practices, and shifting resources away from | |
headquarters, including terminal generalist GS-15s when OPM buyouts, forced | |
rotations, or up-and-out personnel policies are set for particular positions. The | |
CIA must find creative ways to align mission requirements with hiring needs, | |
recruit diverse sets of individuals with unique backgrounds, and become more | |
open to hiring private-sector experts directly into senior positions. In addition, | |
the Director should break the cabal of bureaucrats in D.C. by permanently moving | |
various directorates, such as Support and Science and Technology, out of Virginia | |
and possibly open campuses outside of D.C. where analysts and other experts could | |
contribute virtually. | |
Redirecting Resources. Certain CIA employees and offices have focused on | |
promoting divisive ideological or cultural agendas and fostering a damaging culture of risk aversion and complacency. As soon as possible, the Director should | |
divert resources from any activities that promote unnecessary and distracting | |
social engineering. The Director should implement changes in promotion criteria | |
Mandate for Leadership: The Conservative Promise | |
that reward individuals for creative thinking and quality of recruitments and products rather than numeric metrics or the achievement of benchmarks that are not | |
essential to the mission. | |
Not all careers in espionage are created equal, and the Director should incentivize and reward applicants who are willing to accept high risks over those who are | |
climbing the ranks simply by doing business as usual. The Director should refocus | |
the CIA to an OSS-like culture and mandate that all CIA employees acquire, as a | |
condition of securing senior (GS-14+) rank, additional or enhanced language skills, | |
technical or cyber expertise, or field training or serve in overseas assignments. | |
| |
COVERT ACTION | |
Covert action can be a valuable tool in helping further the President’s foreign | |
policy agenda if implemented in concert with other forms of government power. | |
As codified in the U.S. Code, “the term ‘covert action’ means an activity or activities | |
of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government | |
will not be apparent or acknowledged publicly….”16 | |
The President initiates a covert action with a written finding that explains why | |
“such an action is necessary to support identifiable foreign policy objectives of the | |
United States and is important to the national security of the United States.”17 The | |
statute assumes the President will use the CIA as the principal action element to | |
achieve the objectives of covert action findings; however, the President need not | |
feel constrained to utilize only the CIA: “[E]ach finding shall specify each department, agency, or entity of the United States Government authorized to fund or | |
otherwise participate in any significant way in such action.”18 | |
For example, the Department of Defense maintains certain clandestine capabilities under Title 10 authorities that may resemble but far exceed in scale similar | |
capabilities outside of DOD. Generally, such DOD capabilities can be employed | |
outside a combat theater only if they are determined to be traditional military | |
activities. In practical terms, this means that many DOD capabilities, including | |
those in the space and cyber domains, can be employed only after the initiation of | |
armed conflict.19 Given the range of global threats the United States faces today, | |
the President should consider whether DOD’s complete set of capabilities should | |
be used to support potential covert actions. | |
The problem, unfortunately, is that certain elements in the State Department, | |
IC, and DOD trade on risk aversion or political bureaucracy to delay execution | |
of the President’s foreign policy goals. A future conservative President should | |
therefore identify individuals on the transition team who are familiar with the | |
implementation of covert action with a view to placing them in key NSC, CIA, | |
ODNI, and DOD positions. These knowledgeable teams can assist in any review | |
of current covert actions and, potentially, planning for new actions. | |
— 210 — | |
Intelligence Community | |
Immediately after the inauguration, the President should task the NSC’s Senior | |
Director for Intelligence Programs with conducting a 60-day review of any current | |
covert action findings, including their effectiveness; evaluating new covert actions | |
that might be needed to implement the President’s foreign policy goals; and reporting back to the President. Such an assessment should be conducted independently | |
of the agencies responsible for the actions under review. As part of the review, the | |
Senior Director for Intelligence Programs should identify which departments or | |
agencies, such as the CIA or DOD, are best equipped to achieve the objectives set | |
out in new and existing findings. | |
After the 60-day review, the President should demand creative thinking and a | |
clear strategy as to how covert action fits within the President’s broader foreign | |
policy strategy, to include possibly modifying or rescinding any current findings, | |
drafting new findings, and streamlining or eliminating needless bureaucracy, particularly at State, to facilitate more expeditious decisions on tactical covert action. | |
Careful thought should be given to the metrics by which the effectiveness of covert | |
action programs will be measured to ensure the appropriate use of government | |
resources and to guard against the possibility of covert action’s being used with | |
little scrutiny in ways that are inconsistent with overt foreign policy goals. | |
ODNI AND CIA ORGANIZATIONAL RECOMMENDATIONS | |
— 211 — | |
| |
The ODNI and CIA operate under authority provided by the Central Intelligence Agency Act of 1949,20 which means they have greater latitude than the rest | |
of the federal government with respect to the hiring and firing of personnel. Both | |
organizations and other areas of the IC have struggled from a human resources | |
and talent management standpoint to recruit, onboard, and maintain personnel | |
in a timely fashion to fill the IC’s ever-changing needs. At a time when the Intelligence Community needs significantly more personnel with the proper technical, | |
language-capable, and diverse backgrounds, including applicants from elements | |
of the business community, the incoming Directors of both agencies need to make | |
this effort a top priority. | |
Past DNIs’ Chiefs of Staff and additional front-office staff historically have come | |
from outside the IC, commonly under a misconstrued “staff-reserve” structure | |
that is intended to avoid a Schedule C designation within the IC. The Director | |
should handpick qualified, properly cleared personnel for front-office and managerial leadership positions, such as the DNI’s Chief of Staff and heads of Legislative | |
Affairs and Strategic Communications, to oversee those divisions with career IC | |
staff reporting to them. | |
The incoming DNI and CIA Director should also consider changes in the Senior | |
National Intelligence Service (SNIS)/Senior Intelligence Services (SIS). Senior | |
officers should be required to sign mobility agreements that allow ODNI and CIA | |
leadership to move them within the IC every two years if necessary. Many qualified | |
| |
Mandate for Leadership: The Conservative Promise | |
and distinguished senior officers serve throughout the IC, but some long-serving | |
generalist officers no longer perform at a high capacity, are management-driven, | |
do not serve the IC’s changing needs, and limit junior officers’ prospects for growth | |
and advancement. An incoming Administration should consider studying and | |
implementing additional requirements as a condition for promotion to GS-15/ | |
SNIS/SIS and explore concepts such as “Up and Out” beginning at the GS-14/15 | |
levels and above for some fields. | |
The IC should evaluate areas of bloat and underperforming cadre and work | |
with OPM on authority for voluntary separation buyouts. Allowing ODNI and CIA | |
leadership to shrink size and reduce duplication of effort while promoting healthy | |
turnover within their senior ranks would encourage new ideas and perspectives | |
from mid-career officers and, potentially, from employees hired from outside | |
their agencies. The ODNI and CIA should maximize their direct-hire and incentive-building authorities to bring in talented and properly cleared individuals to | |
serve in positions requiring technical, language, and cyber expertise. | |
Finally, the human resources and talent management systems for onboarding | |
purposes at the ODNI, CIA, and some other elements of the IC are fundamentally | |
broken. For example, according to current CIA Director William Burns, it recently | |
took more than 600 days, on average, for a CIA applicant to receive his or her | |
necessary security clearance.21 Although security clearance procedures have been | |
somewhat improved in recent years and Burns has committed CIA to reducing that | |
to no more than 180 days, degradation in other areas of the process has limited the | |
IC’s capacity to attract qualified and needed expertise. | |
PREVENTING THE ABUSE OF INTELLIGENCE | |
FOR PARTISAN PURPOSES | |
The intelligence function must be protected from bottom-up and top-down | |
politicization if it is to play its proper role in our national security decision-making process. Unfortunately, both types of politicization have occurred recently to | |
the detriment of the Intelligence Community’s reputation and credibility. More | |
important, the politicization of intelligence risks contributing to policy failures (as we saw with the Iraq War) or even undermining our democratic system | |
here at home. | |
In particular, the IC must restore confidence in its political neutrality to rectify | |
the damage done by the actions of former IC leaders and personnel regarding the | |
claims of Trump–Russia collusion following the 2016 election and the suppression | |
of the Hunter Biden laptop investigation and media revelations of its existence | |
during the 2020 election. But the problem is not confined to the executive branch | |
struggle between the IC and policymakers; it also relates to the IC’s relationship | |
with Congress as evinced by DNI James Clapper’s failure to answer honestly in | |
response to congressional questions about government surveillance programs. | |
— 212 — | |
Intelligence Community | |
The ODNI and CIA are undergoing a crisis of confidence based on several factors. | |
First, President Barack Obama’s CIA Director, John Brennan, gravely damaged the | |
CIA by minimizing the Directorate of Operations and exploiting intelligence analysis as a political weapon after he left office. Brennan's role in the letter signed by 51 | |
former intelligence officials before the 2020 election is unclear, but in dismissing | |
the Hunter Biden laptop as “Russian disinformation,” the CIA was discredited, and | |
the shocking extent of politicization among some former IC officials was revealed. | |
Restoring respect for the IC as an independent provider of information and | |
analysis while also ensuring that it is responsive to the legitimate needs of policymakers will require reinforcing essential norms and institutions. However, we | |
should also recognize that achieving the perfect balance that avoids the pathologies | |
of too much distance or too much closeness and responsiveness to policymakers | |
is not only difficult, but probably impossible.22 Thus, given the very nature of the | |
business and the political process, much will depend on the promotion of certain | |
norms or virtues on both sides of the principal–agent relationship. Specifically: | |
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The President should direct the DNI and the Attorney General, by direction | |
of the respective Inspectors General and IC Analytic Ombudsman, to | |
conduct a further audit of all IC equities of past politicization and abuses | |
of intelligence information. For example, a recent IC ombudsman analysis | |
during the 2020 election cycle noted, “If our political leaders in the White | |
House and Congress believe we are withholding intelligence because of | |
organizational turf wars or political considerations, the legitimacy of the | |
Intelligence Community’s work is lost.”23 | |
The President should immediately revoke the security clearances of any | |
former Directors, Deputy Directors, or other senior intelligence officials | |
who discuss their work in the press or on social media without prior | |
clearance from the current Director. IC agencies, including the CIA, should | |
minimize their public presence and vigorously investigate any and all leaks | |
— 213 — | |
| |
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The DNI and CIA Director should use their authority under the National | |
Security Act of 1947 to expedite the clearance of personnel to meet mission | |
needs and remove IC employees who have abused their positions of trust. | |
An area of particular concern is that personnel under investigation for | |
improprieties have been allowed to retire before internal investigations | |
have been completed. Directors of both agencies must instill further | |
confidence in their workforces, Congress, and the American people that | |
they can and will deal effectively with personnel that fail to live up to their | |
oath to the Constitution, adhere to ethical and moral standards as expected | |
by America’s taxpayers, and faithfully execute the law. | |
Mandate for Leadership: The Conservative Promise | |
of information, classified or otherwise. The ODNI and CIA should fire or | |
refer for prosecution any employee who is suspected of leaking information, | |
and penalties should include the removal of pension benefits for those who | |
are found guilty. Additional tools are needed to prevent leaked intelligence | |
from being used as a weapon in policy debates by IC leaders or decisionmakers in the executive branch or Congress. | |
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Military and civilian IC training should include stronger emphasis | |
on the norm of political neutrality, including a mandatory course on | |
professionalism and repercussions for abuse in the execution of duties in all | |
degree programs at the National Intelligence University. | |
| |
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In addition, the Department of Justice should use all of the tools at its | |
disposal to investigate leaks and should rescind damaging guidance by | |
Attorney General Merrick Garland that limits investigators’ ability to | |
identify records of unauthorized disclosures of classified information to | |
the media. Personnel have sufficient access to legitimate whistleblower | |
claims under protections provided by Inspectors General and Congress. The | |
Director and IC must prioritize hiring additional counterintelligence and | |
security personnel to assist in this effort. | |
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Intelligence leaders need to model norms of neutrality and respect for the | |
decision-making authority of the President, appointed officials, and Congress. | |
This includes building trust with key decision-makers by not using their | |
positions and privileged access to information to influence policymaking | |
indirectly or directly in an inappropriate fashion (especially by engaging in | |
threat inflation). IC leaders should practice extreme restraint in engaging | |
with the public and the media. They should seek to work in the shadows | |
rather than in the limelight. Potential restrictions on such appearances could | |
supplement this norm, preventing political leaders from using IC officials to | |
support an Administration position as they do with military leaders. | |
Retired IC leaders should similarly support the neutrality norm by not | |
becoming public figures. | |
Congress should not use IC leaders as pawns in policy struggles with the | |
President or the other party during their appearances before committees of | |
the House and Senate. While Congress has a proper oversight role, it should | |
distinguish between information that needs to be public and information | |
that should be discussed in private with members of the IC. A DNI should | |
call “balls and strikes” to those on both sides of the aisle on Capitol | |
— 214 — | |
Intelligence Community | |
Hill who attempt to weaponize the use of selective intelligence to feed | |
political narratives. | |
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Political leaders should avoid “manipulation-by-appointment,” a practice | |
by which intelligence leaders are selected for their policy views or political | |
loyalties instead of their skilled expertise.24 Presidents should also avoid | |
public rebukes and pressure from the intelligence profession, which can | |
include intimidation and bullying, to shape IC analysis. This will be easier if | |
IC leaders live by the norms of neutrality and thus are not seen as political | |
actors, for whom political responses are deemed necessary. | |
Intelligence leaders and professionals should never “cook the books” for | |
Presidents or change or shape their analysis to preserve access or status.25 | |
FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) | |
— 215 — | |
| |
A future President should understand the importance of FISA26 while also seeking reforms and accountability for any abuses of its authorities. When discussing | |
FISA and what changes may need to be made, it is important to note and recognize | |
that there are stark differences among the individual FISA authorities. | |
Section 702 of FISA, for example, allows the IC to target foreign terrorists, spies, | |
cyber hackers, and other bad actors (but only if they are non-U.S. persons) when | |
their communications pass through the United States. While this authority may | |
lapse if Congress does not resolve the issue by the end of 2023, Section 702 should | |
be understood as an essential tool in the fight against terrorism, malicious cyber | |
actors, and Chinese espionage. These are two major national security priorities | |
for an incoming President, and it is imperative that the need to use properly maintained and accountable authorities to counter these challenges be recognized. | |
Section 702 is a vital program that often provides the lion’s share of intelligence | |
used in the President’s Daily Brief (PDB).27 An independent review by the Privacy | |
and Civil Liberties Oversight Board (PCLOB) found that it was not abused. Nevertheless, Congress should review the PCLOB’s upcoming 2023 report to help it | |
determine whether any reforms or codification of recent administrative changes | |
in FISA processes are needed. | |
Other authorities in Title I and Title III, often referred to as “traditional” FISA, | |
have elicited valid concerns about the politicization of intelligence collection | |
authority in recent years. When seeking surveillance of Trump campaign adviser | |
Carter Page, for example, the FBI and the Department of Justice concealed vital | |
information from a specialized court and submitted applications that were riddled | |
with errors. An incoming conservative President should consider reforms designed | |
to prevent future partisan abuses of national security authority. A package of strong | |
provisions to protect against such partisanship might include: | |
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Stiffer penalties and mandatory investigations when intelligence leaks are | |
aimed at domestic political targets, | |
Tighter controls on otherwise lawful intercepts that also collect the | |
communications of domestic political figures, | |
An express prohibition on politically motivated use of intelligence | |
authorities, and | |
Reforms to improve the accountability of the Justice Department and the | |
Foreign Intelligence Surveillance Court. | |
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To keep intelligence credentials from being used for partisan purposes, former | |
high-ranking intelligence officials who retain a clearance should remain subject to | |
the Hatch Act after they leave government to deter them from tying their political | |
stands or activism to their continuing privilege of access to classified government | |
information. The IC should be prohibited from monitoring so-called domestic | |
disinformation. Such activity can easily slip into suppression of an opposition | |
party’s speech, is corrosive of First Amendment protections, and raises questions | |
about impartiality when the IC chooses not to act. | |
CHINA-FOCUSED CHANGES, REFORMS, AND RESOURCES | |
The term “whole of government” is all too frequently overused, but in | |
responding to the generational threat posed by the Chinese Communist Party, | |
that is exactly the approach that our national security apparatus should adopt. | |
CIA Director William Burns has formally established a China Mission Center | |
focused on these efforts, but it can be successful only if it is given the necessary | |
personnel, cross-community collaboration, and resources. That is uncertain at | |
this point, and just how seriously the organization is taking the staffing of the | |
center is unclear. | |
A critical strategic question for an incoming Administration and IC leaders will be: How, when, and with whom do we share our classified intelligence? | |
Understanding when to pass things to liaisons and for what purpose will be vital | |
to outmaneuvering China in the intelligence sphere. Questions for a President | |
will include: | |
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What is our overarching conception of the adversarial relationship and | |
competition? | |
How does intelligence-sharing fit into that conception? | |
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Some Members of Congress have said that intelligence relationships such as | |
the Five Eyes28 should be expanded to include other allies in the Asia–Pacific in, for | |
example, a “Nine Eyes” framework. This fails to take into account the fact that any | |
blanket expansion would necessarily involve protecting the sources and methods of | |
a larger and quite possibly more diverse group of member countries that might or | |
might not have congruent interests. That being said, however, a future conservative | |
President should consider what resources and information-sharing relationships | |
could be included in an ad hoc or quasi-formal intelligence expansion (for example, | |
with the Quad) among nations trying to counter the threat from China. | |
Significant technology, language skills, and financial intelligence resources | |
are needed to counter China’s capabilities.29 The IC was caught flat-footed by the | |
recent discovery of China’s successful test of a nuclear-capable hypersonic missile. | |
No longer can America’s information and technological dominance be assumed. | |
China’s gains and intense focus on emerging technologies have taken it in some | |
areas from being a near-peer competitor to probably being ahead of the United | |
States. China’s centralized government allocates endless resources (sometimes | |
inefficiently) to its strategic “Made in China 2025” and military apparatuses, which | |
combine government, military, and private-sector activities on quantum information sciences and technologies, artificial intelligence (AI), machine learning, | |
biotechnologies, and advanced robotics. | |
The IC must do more than understand these advancements: It must rally nongovernment and allied partners and inspire unified action to counter them. In | |
addition, to combat China’s economic espionage, authorities and loopholes in the | |
Foreign Agents Registration Act (FARA)30 will have to be examined and addressed | |
in conjunction with the Attorney General. | |
Many issues within the broader government can be tied back to a more general | |
congressional understanding of the threat due to the compartmentalization of | |
committee jurisdictions and the responsibilities of executive agencies to brief on | |
the nature of the threat. Broader committee jurisdictions should receive additional | |
intelligence from IC agencies as necessary to inform China’s unique and more comprehensive threat across layers of the U.S. government bureaucracy and economy. | |
Former DNI John Ratcliffe increased the intelligence budget as it related to | |
China by 20 percent. “When people ask me why I did that,” he explained in an | |
interview, “I say, ‘Because no one would let me increase it by 40%.’ I had an $85 | |
billion combined annual budget for both the national intelligence program and | |
military intelligence program. My perspective was, ‘Whatever we’re spending on | |
countering China, it isn’t enough.’”31 From an intelligence standpoint, the need | |
to understand Chinese motivations, capabilities, and intent will be of paramount | |
importance to a future conservative President. It is therefore also of paramount | |
importance that the “whole of government” be rowing together. | |
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NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER (NCSC) | |
The Senate Select Committee on Intelligence (SSCI) has taken a keen interest in possibly updating the codified language underpinning much of the nation’s | |
counterintelligence apparatus. “Spy vs. spy” threats continue to exist, but the rise | |
of China and (to an extent) Russia’s machinations move beyond the governmental | |
sphere to technological, economic, supply chain, cyber, academic, state, and local | |
espionage threats at a level our country has never seen. The asymmetric threat | |
includes cyber, nontraditional collection, and issues involving legitimate businesses serving as collection platforms. | |
Barring statutory changes that could occur before 2025, a future conservative President should further empower and resource the IC by executive order or | |
through suggested changes in the Counterintelligence Enhancement Act (CEA) | |
of 2002.32 NCSC was given some authority for outreach efforts on behalf of the IC | |
for counterintelligence education, insider threats, and broader U.S. government | |
best practices, but there remain significant deltas between Title 50 and non–Title | |
50 entities’ protections. Primary operational elements should remain at the FBI | |
and CIA, with the Bureau and NCSC collaborating on nongovernmental outreach. | |
While there is no need to create a separate agency, a future President and DNI | |
should amplify NCSC’s authorities and roles with respect to counterintelligence | |
strategy, policy, outreach, and governance, including supporting necessary Joint | |
Duty Assignments (JDA) for FBI and CIA personnel. At the same time, the FBI | |
requires significant additional resources and legal authorities to fulfill its statutory role as the lead operational counterintelligence agency in dealing with the | |
ever-growing threats posed by our adversaries. The CEA should be updated to | |
include foreign espionage efforts aimed at universities. | |
Corporate America, technology companies, research institutions, and academia | |
must be willing, educated partners in this generational fight to protect our national | |
security interests, economic interests, national sovereignty, and intellectual property as well as the broader rules-based order—all while avoiding the tendency | |
to cave to the left-wing activists and investors who ignore the China threat and | |
increasingly dominate the corporate world. Reinstitution of the National Security | |
Higher Education Advisory Board and the National Security Business Alliance | |
Council should be prioritized with leadership from the NCSC, the FBI, or a combination of both entities. | |
When the CCP steals at least $400 billion–$600 billion in intellectual property each year, it is time to devote some strategic thinking to exactly how and to | |
what degree counterintelligence efforts can help to protect America’s commercial | |
endeavors. If Chinese strategic technology gains are happening almost entirely in | |
transnational commercial space, for example, and the private sector is also gathering and analyzing some critical intelligence, these essential data points should | |
assist in national-level counterintelligence efforts. | |
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The NCSC was created in the aftermath of 9/11 as the Terrorist Threat Integration Center (TTIC), which later became the National Counterterrorism Center | |
(NCTC) pursuant to President George W. Bush’s Executive Order 13354.33 The | |
NCTC was an organization of approximately three dozen detainees from across | |
the U.S. government with a mandate to integrate counterterrorism intelligence | |
and missions, including terrorist screening. Eventually: | |
In November 2014 the Director of National Intelligence (DNI) established | |
NCSC by combining [the Office of the National Counterintelligence | |
Executive] with the Center for Security Evaluation, the Special Security | |
Center and the National Insider Threat Task Force, to effectively integrate | |
and align counterintelligence and security mission areas under a single | |
organizational construct. The Director of NCSC serves in support of the DNI’s | |
role as Security Executive Agent (SecEA) to develop, implement, oversee and | |
integrate personnel security initiatives throughout the U.S. Government.34 | |
ADDITIONAL AREAS FOR REFORM | |
Analytical Integrity. The “tradecraft” of intelligence analysis is mostly a collection of lessons learned over decades about what works and does not work in a | |
profession whose high-stakes work is performed by thousands but that also bears | |
little outside scrutiny and provides few metrics by which to gauge success or failure | |
on a regular basis. These lessons have accumulated from: | |
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The perceived misuse of intelligence by consumers as was the case with | |
respect to war-related assessments in the Johnson and Bush Administrations; | |
Failures such as the failures to warn of the collapse of the Soviet Union and | |
the specific threat of 9/11; | |
Successes in piecing together tactical and often technical puzzles such as | |
estimates of Iranian nuclear program maturation; and | |
Strategic victories such as anticipating critical geopolitical developments | |
that have been years in the making. | |
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NCSC has added value in such areas as fusing cross-community intelligence for | |
terrorism watchlisting purposes and improving information sharing while carrying | |
roughly half of the overall cadre for the ODNI. An incoming Administration should | |
focus NCTC on integrative tasks, many of which cannot be carried out elsewhere | |
in the IC, but should not use personnel and resources for redundant analyses that | |
duplicate the work of such other IC entities as the FBI and CIA. | |
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Historically, this tradecraft has been passed on in the form of unwritten rules | |
learned on the job and in agency-specific training classes, but increasingly since the | |
intelligence reforms of 2004, they have been codified IC-wide under the direction | |
of the Deputy Director of National Intelligence for Mission Integration. | |
A RAND study of U.S. intelligence tradecraft notes that the “vast majority of | |
intelligence analysts reside outside the Central Intelligence Agency and do work | |
that is tactical, operational, and current.”35 The study goes on to note that the | |
Defense Intelligence Agency (DIA) has as many analysts as the CIA has and that | |
the National Security Agency (NSA) has several times as many analysts, as does | |
the National Geospatial-Intelligence Agency (NGA), indicating both the breadth | |
of the IC’s technical collection and its emphasis both on developing analysts who | |
can interpret secret human or technical intelligence in quick-turnaround pieces | |
and on countering tactical, asymmetric threats like terrorism. | |
During the Cold War, however, there was a more balanced analytic focus with | |
greater emphasis on strategic intelligence issues as a means of outcompeting the | |
Soviet Union. This kind of analysis deals not only in secrets, but also in mysteries—making well-founded but ultimately unknowable predictions about future | |
actions by a competitor or adversary. The tradecraft necessary to succeed in strategic analysis requires substantive regional and topical expertise developed over | |
the years to supplement experience in the daily collection and understanding | |
of secrets. Institutionally, it also requires that agencies’ analytic processes be | |
open to discussion, debate, and dissent because analysts must work together to | |
describe a probable range of future outcomes and warn about unproven current | |
threats rather than using the collection to solve a single puzzle with a definitive answer. | |
Regarding its mission to follow longer-term issues, the IC is falling short in | |
resourcing and in openness to dissenting opinions, which (if taken seriously) can | |
help responsible officials respond more effectively to threats and threat actors. | |
The IC Analytic Ombudsman has expressed concern that hyperpartisanship “has | |
threatened to undermine the foundations of our Republic, penetrating even into | |
the Intelligence Community.”36 | |
For example, the Ombudsman noted in a report on the IC’s handling of election-threat analysis in 2020 that, in his view, CIA officials had deliberately | |
downplayed dissenting views and coordination comments expressed by experts | |
at the National Intelligence Council and elsewhere who felt there was evidence of | |
Beijing’s intent to exert at least some influence on the 2020 election as opposed | |
to the consensus view that Beijing did not interfere in U.S. elections. Senior CIA | |
analysts and leaders made it “difficult to have a healthy analytic conversation in | |
a confrontational environment” while violating multiple official IC tradecraft | |
standards. By not allowing dissents or considering alternatives, the CIA exercised | |
“undue influence on intelligence.”37 Subsequent exposure of China-linked online | |
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influence and the FBI’s warnings about continued efforts through the 2022 midterms highlight the folly of undue certainty without consideration of alternatives. | |
On election influence and other controversial issues, such as the origin of | |
COVID-19, analysts at the most powerful intelligence agencies have increasingly | |
tended to use the leeway they have been given to insert their political views into | |
their work in order to influence (if possibly even control) the analytic process. They | |
do this in ways that attempt to squash dissent and impair the creation of a culture | |
in which entrenched views are challenged and unpopular analytical lines can survive or not according to their merits. | |
To help the United States and its leaders to outcompete China across multifaceted societal, economic, military, and technological threats, the IC’s | |
capability to conduct strategic intelligence analysis that is relevant to policymakers in both parties must be rebuilt and strengthened. Because Beijing may be a | |
peer or even exceed U.S. capabilities in some areas, the post-9/11 analytic focus | |
on quick-turnaround secrets is not good enough. Strategic planning—informed | |
by intelligence—must take place for the United States to stay ahead of whatever | |
new threats China may pose. | |
An incoming conservative President will have the opportunity to signal the | |
demand for such strategic products and prioritize their production through | |
communications to intelligence leaders and formal mechanisms such as shifting | |
priorities within the National Intelligence Priority Framework and structuring the | |
President’s Daily Brief. The incoming DNI should also emphasize implementing | |
the recommendations in the Ombudsman’s report, especially regarding objectivity, the inclusion of dissenting viewpoints, and more serious efforts to hold senior | |
leaders accountable for backchannel attempts to change or suppress analytic views. | |
Accounting for the long history of intelligence failures and surprises, an incoming conservative President must appreciate the ambiguity, complexity, limits, and | |
assumptions inherent in intelligence assessments. Intelligence often deals with the | |
human dimension in complex decision systems within a foreign country or organization, and this makes consistently accurate predictions difficult if not impossible | |
to develop. Seeing something and understanding what you are seeing are two different things, so a President should consistently and patiently press the IC about | |
its potential biases, assumptions, methodology, and sourcing. | |
With regard to election-threat analysis and politically controversial topics, | |
agency leaders should take seriously the Ombudsman’s admonition that we need | |
to maintain tradecraft standards across all countries and topics by ensuring that | |
equitable standards apply across all foreign threat actors. Analysis should be put | |
forward without regard to the domestic political ramifications of intelligence | |
conclusions. | |
“Obligation to Share” and Real-Time Auditing Capability. The federal government has made admirable progress in recent years by being more | |
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forward-leaning in sharing cyber threat intelligence with private-sector partners | |
and the public, emphasizing that the protective nature of such information is of | |
value only if put into the right hands at the right time. Since critical infrastructure | |
and services are overwhelmingly owned, managed, and defended by the private | |
sector in the United States, there has been an increasing emphasis on declassifying intelligence and sharing actionable information with private-sector partners, | |
often through industry-specific Information Sharing and Analysis Centers (ISACs); | |
regional meetings of government and private-sector experts called InfraGard, run | |
by the FBI; direct public notification from the Department of Homeland Security, | |
the FBI, and (increasingly) the NSA; and more discreet one-on-one engagements | |
led by the collecting agencies. | |
These programs properly recognize the private sector’s role in providing cybersecurity for Americans; in practice, however, the intelligence shared by the U.S. | |
government through these venues is too often already known or no longer relevant | |
by the time it makes its way through the downgrade process for sharing. In addition, | |
government-shared information often needs to take advantage of the opportunity | |
to provide contexts, such as attribution, trends, and size of the observed cyber | |
problem. As warranted, additional context should be provided to the private sector | |
as a matter of routine. | |
To continue improving the U.S. government’s ability to defend the country’s | |
most vital networks, the IC must adopt an “obligation to share” policy process, | |
including the capacity for “write to release” intelligence products whereby | |
newly discovered technical indicators, targeting, and other intelligence relevant | |
to cyber defense are automatically provided either to the public or to targeted | |
entities within 48 hours of their collection—which is how counterterrorism intelligence has been managed for years when it comes to a “duty to warn.” Under this | |
policy, agency heads should still have the flexibility to withhold intelligence for | |
operational or counterintelligence reasons but would need to report regularly | |
to Congress on the number of and justification for exceptions. This policy would | |
make sharing intelligence and defending networks the default, as it already is in | |
the rest of the cybersecurity community outside the IC, to improve the quantity, | |
relevance, and timeliness of defensive information while ensuring accountability | |
for top leaders when they must withhold this information. | |
One of the most significant challenges within the IC is presented by the need to | |
share information promptly among the 18 elements of the intelligence enterprise. | |
The only long-term solution to the understandable tension between the need to | |
share information and the need to protect intelligence sources and methods is a | |
robust real-time auditing capability that electronically flags unauthorized access. | |
Under an identity management system with real-time audit, even the most sensitive information acquired by America’s intelligence agencies can be shared, and the | |
access to and use of that information are appropriately monitored. Establishing | |
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a real-time auditing capability is essential to decreasing the risk for the heads of | |
intelligence agencies in meeting their statutory requirements to ensure that they | |
protect sources and methods associated with the classified information their agencies collect. | |
Overclassification. There is broad consensus across the U.S. government and | |
among stakeholders that the system for classifying, declassifying, and otherwise | |
marking and handling sensitive information is at a crossroads. Exorbitant amounts | |
of classified data are created daily, and agency personnel often mistakenly choose | |
classification as the default selection to ensure national security. At the same time, | |
the effectiveness of downgraded and carefully declassified information to support | |
foreign policy efforts has been borne out in, for example, alerting the broader world | |
of Russia’s buildup and likely plans for its invasion of Ukraine. | |
Two executive orders principally govern how the U.S. government handles classified and sensitive information. | |
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Executive Order 13526, “Classified National Security Information,” | |
issued in 2009,38 prescribes the classification levels and procedures for | |
declassification. | |
The current system for declassifying classified national security information | |
(CNSI) is extraordinarily analog, requiring experts’ review of individual records. | |
Declassification policies are based on human review of paper and need to contemplate and handle the proliferation and volume of digital records created by | |
agencies. The U.S. government will soon reach the point at which manual review is | |
impossible. The declassification of CNSI should support key U.S. national security | |
objectives, reflect mission priorities, and not serve solely as a necessary procedural | |
function. Reforms should include: | |
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Tighter definitions and greater specificity for categories of information | |
requiring protection. | |
More stringent policies to effect significant reductions in the number of | |
Original Classification Authorities (OCAs). | |
Stricter accountability measures at the OCA level and more detailed | |
security classification guides. | |
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Executive Order 13556, “Controlled Unclassified Information,” issued in | |
2010,39 aimed to establish a uniform program for managing all unclassified | |
information that requires safeguarding or dissemination controls. | |
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Enhanced metrics for accuracy of classification. | |
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A general simplification of the overall system for the benefit of users. | |
On the back end, an ODNI-run declassification process that is faster, nimbler, | |
default-to-automated, and larger-scale should be a priority. | |
Additionally, investments in IT are required to deal with the growing volumes | |
of CNSI collected and produced in the digital age, along with many years’ worth of | |
existing analog and digital holdings that could provide valuable historical insights. | |
An incoming Administration needs to explore options to prioritize funding for | |
innovation in declassification management: for example, by establishing a budget | |
line item specifically for the modernization of declassification or designating funding for program classification management as a special-interest item. | |
The Administration will also need to transition to using technology, including | |
tools and services for managing Big Data (which provide a robust electronic record | |
repository, making information within and across agencies easier to organize and | |
locate and facilitating more rapid review and release capabilities for records of | |
emerging interest); artificial intelligence/machine learning (which, when incorporated into existing business practices, enables machine interpretation of | |
unstructured text and data, applies decision support technology to enable more | |
consistent classification decisions, and expedites reviews between agencies); and | |
expansion of Commercial Cloud services (which facilitate the rapid testing and | |
deployment of new tools and technologies). | |
However, technology is not a panacea; human expertise in information holdings | |
and routine validation of the technology will always be necessary. With or without machine assistance, agencies will require more people and more varied skill | |
sets to improve their ability to meet the electronic records era’s classification and | |
declassification demands and serve an incoming Administration’s goals. | |
Broader U.S. Government and IC Intelligence Needs. Increasingly, conflicts among U.S. adversaries such as China, Russia, Iran, and North Korea are | |
conducted in the realms of technology and finance.40 This challenge requires new | |
tools, authorities, and technological expertise across the U.S. government, particularly at the Commerce Department’s Bureau of Industry and Security (BIS) | |
and the Committee on Foreign Investment in the United States (CFIUS), which | |
is housed at the Treasury Department. | |
An incoming conservative President should task his DNI and Secretary of | |
Commerce with increasing coordination, the resources needed for BIS and SCIF | |
capacity, and proper and necessary intelligence sharing to counter the activities of | |
multifaceted adversaries such as China. This would include additional work with | |
private-sector expertise, granting clearances to niche sector experts and United | |
States citizen commercial and financial partners as needed. | |
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Cover in the Digital Age. Even in the public domain, it is becoming increasingly clear that protecting the identities of undercover intelligence officers is | |
difficult in the digital age.41 The truth is that as our daily activities are conducted | |
predominantly in the digital domain, our antiquated system for providing cover to | |
undercover officers has lagged woefully behind the threat from foreign adversaries. | |
The DIA, CIA, and FBI are increasingly aware of this threat and are devoting | |
resources to the problem. Their back-office infrastructure, however, is such that | |
they are still using methods for providing cover from decades past that put valuable | |
intelligence officers at unnecessary risk. How intelligence officers and their families are taught to use smartphones and social media, travel, conduct banking, and | |
take and share pictures—even how and when they are paid—can make it difficult | |
to protect identities.42 Legends, fake backstories, and identities are often weak, | |
incomplete, and unable to stand up to a basic Google search.43 Officers operating under nonofficial cover are offered even less protection and training to help | |
them succeed. | |
In addition, ubiquitous technical surveillance (UTS) techniques being refined by | |
technologies emanating from the regimes in China and Russia will continue to be | |
highly challenging for intelligence officers. An incoming Administration will need | |
to double down on resourcing and training so that members of the IC will have the | |
expertise they need to operate clandestinely (and successfully) against hard targets. | |
Privacy Shield. For many years, the European Union (EU) has tried to force U.S. | |
companies operating in Europe to follow its data privacy regulations. Misleading | |
claims in the 2013 Snowden leaks destroyed the initial Safe Harbor Framework44 | |
that allowed American companies to transfer data across the Atlantic; its successor, the Privacy Shield Framework,45 was struck down by European courts on the | |
grounds that it provides insufficient protections for EU citizens against hypothetical U.S. government surveillance. Those same European courts exempted the | |
intelligence services of EU member states from the standards applied to the U.S., | |
suggesting that trade protectionism may be the real motive behind data privacy | |
regulations. | |
In 2022, the Biden Administration negotiated a new agreement, the Trans-Atlantic Data Privacy Framework,46 intended to withstand European legal challenges. | |
Given the fate of its predecessors, it is not certain that it will survive. Executive | |
Order 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,”47 implements this new framework by attempting to align signals intelligence | |
collection practices with European privacy regulations. At most, the executive | |
order’s changes will be helpful support for the framework in future European | |
litigation; at worst, they could throw sand in the gears of important intelligence programs. | |
An incoming conservative President should reset Europe’s expectations. Brussels has always arbitraged the difference between being a military ally against, for | |
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example, Russia and conducting a full-blown trade conflict with the United States. | |
Restrictions on data exports have been part of the trade conflict, but now they could | |
seriously harm our military and intelligence capabilities. Moreover, restrictions | |
on U.S. intelligence collection hurt the Europeans themselves, especially as the | |
United States shares unprecedented amounts of intelligence on Russia’s invasion | |
of Ukraine with Europeans.48 | |
Europe is telling the United States to meet intelligence oversight standards | |
that no European country meets. At the same time, exports of data to China are | |
unexamined and (so far) free from legal challenges. That violates World Trade | |
Organization agreements as an arbitrary and discriminatory data protection standard. It is a betrayal by a nominally allied jurisdiction. European court rulings that | |
struck down prior data privacy frameworks were grounded not in constitutional | |
law but in a treaty among European nations. If the EU accepted an international | |
agreement that data may flow to the United States under a more reasonable standard than the one adopted by the court, that interpretation would be binding, at | |
least as a gloss on the earlier treaty. | |
The United States has never seriously pushed back against the EU; now is the | |
time. An incoming President should ask for an immediate study of the implementation of Executive Order 14086 and suspend any provisions that unduly burden | |
intelligence collection. At the same time, in negotiations with the Europeans, the | |
United States should make clear that the continued sharing of intelligence with | |
EU member states depends on successful resolution of this issue within the first | |
two years of a President’s term. It is time for a real solution, not the 30 years of | |
stopgaps imposed by Brussels. | |
President’s Daily Brief (PDB). An incoming conservative President should | |
make clear what the President’s Daily Brief is and is not. The PDB should be for | |
the President specifically, with a much narrower distribution and addressing areas | |
of strategic concern. During the transition, the future National Security Advisor, | |
along with the DNI, should conduct a review of current PDB recipients and determine which should remain recipients when the President’s term begins. | |
Instead of being used as the statement of record for the agencies, the PDB often | |
misses the areas of interest for Presidents and their senior advisers. The President | |
should want the PDB to focus on providing the information needed for the often | |
imperfect and complex decisions that a President needs to make, which should | |
always be based on the best intelligence that can be gathered. Where consensus | |
and agreement are possible, an IC-coordinated product is excellent, but insights | |
provided by properly channeled dissent can lead a President to ask relevant questions of his DNI and IC. | |
A future DNI determines the PDB briefer based on recommendations made by | |
the Deputy Director of National Intelligence for Mission Integration (MI). Historically, briefers have come from the CIA, but a future President and DNI should | |
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consider a primary briefer or a rotation of briefers from other IC elements. Additionally, the entirety of the PDB staff and production should be located at ODNI. | |
National Intelligence Council (NIC). The National Intelligence Council is | |
the IC’s premier analytic organization and includes more than a dozen National | |
Intelligence Officers (NIOs), each of whom leads the IC’s analysis within a regional | |
(China, Russia, Iran, etc.) or functional (cyber, counterproliferation, economics, | |
etc.) mission area. This includes authoring National Intelligence Estimates on | |
major strategic issues with the entire IC, overseeing and deconflicting the annual | |
analytic plans of each agency, and weighing in on day-to-day major analytical issues, | |
sometimes individually (for example, by writing the NIC’s strategic memos or providing detailed expert briefings to the President before major decisions). | |
Historically part of the CIA, the NIC was reorganized into the ODNI as was | |
the PDB. It retains the CIA’s objective analytic culture and is staffed primarily | |
with CIA officers; however, as many as 25 percent of its NIOs over the decades | |
have come from academia or the private sector, bringing in much-needed outside | |
expertise to collate and understand intelligence with perspective and skills that | |
are not necessarily nurtured within the IC. In recent years, there has been a greater | |
emphasis on encouraging officers from other agencies—particularly the DIA, NSA, | |
and FBI—to serve as NIOs or as their deputies. | |
To encourage greater analytic independence and debate, the incoming Administration should require that non-CIA officers comprise at least 50 percent of the | |
NIC’s membership and that the first-among-equals NIC Chairman is an outsider | |
from one of the three major IC agencies with reporting responsibility to the PDDNI. | |
Opening these senior analytic roles to the best analysts regardless of agency would | |
also encourage the continued maturation of analytic cadres and tradecraft at those | |
agencies and give them an equal voice in interagency analytical disputes, which in | |
turn would give the President access to the best thinking and a variety of sources | |
and perspectives from across the entire IC rather than from the CIA alone. | |
IC Chief Information Officer. The Intelligence Community Chief Information Officer (ICCIO) directs and oversees all aspects of the classified IT budget for | |
all of the IC’s 18 elements. As the DNI’s principal adviser for technology, the ICCIO | |
must be well-versed in technology, acquisitions, operations, and intra-agency cooperation to advance our technical prowess and simultaneously direct a bureaucracy | |
that, left unchecked, will serve each element’s own preferences. To ensure that | |
procured and implemented technology and policy reflect the Administration’s | |
agenda, the ICCIO must have the support of the DNI and possess the ability to | |
command cooperation between and promote interoperability across IC members. | |
Because of the unique responsibilities entrusted to this position, incumbency | |
has seesawed between political appointees and career civilians; due to its congressionally capped salary, the position is often filled by an SES-level member | |
administratively detailed to support the DNI. At times, the ICCIO is incorrectly | |
Mandate for Leadership: The Conservative Promise | |
referred to as the ODNI CIO. By law, and to secure unbiased execution across all of | |
the IC’s 18 elements, the same individual may not serve as ICCIO and ODNI CIO. | |
They are two distinct positions. | |
Critical areas and IC IT portfolio priorities for the ICCIO include but are | |
not limited to: | |
l | |
l | |
l | |
Recognized and uniform security access for people, systems, and capabilities | |
to enable interoperability across IC elements; | |
5G/6G data transmission and network interoperability, which is vital to IC | |
element operations; | |
l | |
Artificial intelligence and machine learning; | |
l | |
Quantum cryptography and post-quantum encryption (PQE); and | |
l | |
| |
Transparent accounting and allocation of IT investments across the IC, | |
including commercial cloud computing and storage (C2E); | |
Cybersecurity infrastructure where Biden Administration changes have | |
realigned and reassigned management oversight and IT architecture | |
responsibilities to NSA and DHS/CISA, conflicting with ICCIOdelineated roles. | |
An incoming Administration should appoint the ICCIO as a primary member | |
of the DNI staff along with the ODNI General Counsel, IC Chief Financial Officer, | |
and ODNI Chief Operating Officer. | |
The President-Elect should require immediate reviews of the progress in implementing post-quantum encryption at a minimum for IC and Defense systems but | |
preferably throughout the government. The President’s National Security Memorandum specifying “the goal of mitigating as much of the quantum risk as is feasible | |
by 2035”49 needs to be revised in light of the magnitude of the threat. Accounting | |
for the investment that will be needed to secure IT systems for national security | |
should be a top priority. | |
ODNI, CIA, and IC Technology Issues. In recent years, the IC has had a | |
mandate from multiple Administrations to advance technology needs for intelligence—needs that have seen massive changes as a result of such threats as China’s | |
advancements in technology and data infrastructure. Many of the projects coming | |
out of ODNI and CIA’s Science and Technology Directorate (S&T) focus on expensive, AI-driven open-source work, but there is likely duplication of effort in areas | |
where the private sector and entrepreneurs are already making progress. | |
— 228 — | |
Intelligence Community | |
l | |
Expand collaboration with partners. For too many decades, the | |
IC and DOD have acquired and operated satellites independently. To | |
improve their ability to meet the threat posed by China and Russia, the IC | |
and DOD should: | |
— 229 — | |
| |
The Intelligence Advanced Research Projects Activity (IARPA) and S&T should | |
focus primarily on challenging technology problems. Avoiding duplication of what | |
is already being done well in the private sector in such areas as practical defense | |
cyber intelligence and artificial intelligence research would help to focus the agencies on the complex shadow tasks at hand while simultaneously freeing limited | |
resources for advancement in other areas. | |
President’s Intelligence Advisory Board and PIAB Intelligence Oversight | |
Board. The President’s Intelligence Advisory Board (PIAB) is charged with providing the President with an independent source of advice on the IC’s effectiveness | |
while offering insights into the IC’s future plans. The Board is meant to have access | |
to all information needed to perform its functions and to have direct access to the | |
President. The Intelligence Oversight Board is a standing committee within the | |
PIAB. These entities should be tasked with giving independent, informed advice | |
and opinion concerning major matters of national security focused on long-term, | |
enduring issues central to advancing and protecting American interests. This | |
should include taking a broader, deeper look at critical trends, developments, and | |
their implications for U.S. national and economic security relying on unclassified | |
and open-source information. | |
The Importance of Space. With China developing increasingly capable space | |
and counterspace technologies and Russia taking more aggressive action in space, | |
space has emerged as the latest warfighting domain. In response, the DNI created the Office of the Space Executive (OSX) in 2018 as an experiment to promote | |
greater integration of IC space activities without incurring excessive overhead. | |
The DNI mandated greater collaboration across the enterprise without adding | |
personnel, altering authorities, and increasing budgets. | |
The Space Executive’s design reflects the original design principles of the ODNI. | |
The ODNI was explicitly not designed to be a departmental headquarters with command and control of the 18 agencies’ vast bureaucracies. Rather, it was designed | |
to be small and lightweight with a mission to coordinate and integrate the critical activities of the IC’s 18 agencies without creating new bureaucracy. That goal | |
should remain in force, and calls by outside entities or Congress to add new centers | |
and layers should be rejected. | |
The Office of the Space Executive has been recognized as an effective governance | |
model and has spawned similar efforts, including the Election Threats Executive, | |
Economic and Threat Finance Executive, and Cyber Executive. With this in mind, | |
the following initiatives should be pursued: | |
Mandate for Leadership: The Conservative Promise | |
1. | |
Explore new methods for better integrating our space assets, | |
2. Examine the possibility of joint programs, and | |
3. Fully utilize unique Title 10 and Title 50 authorities to execute space | |
defense (and offense) strategies jointly. | |
Additionally, the IC should support building international alliances with | |
like-minded partners beyond the Five Eyes intelligence-sharing nations. | |
Increasingly, potential allied nations (and their commercial companies) are | |
developing innovative space capabilities to augment and strengthen the U.S. | |
space defense and intelligence posture. | |
l | |
Refocus space-related intelligence collection. The IC has developed a | |
space threats collection posture predicated on three assumptions: | |
| |
1. | |
The best information on developing space threats comes from collection | |
against the adversaries’ military institutions on Earth, | |
2. There should be a clear dividing line between DOD’s intelligence | |
activities and the IC’s, and | |
3. Only government-developed “exquisite” capabilities can inform threat | |
analysis and decision-making effectively. | |
Developments by our adversaries and the emergence of a vibrant | |
commercial space marketplace over the past decade have rendered all three | |
assumptions false and even dangerous. The IC must therefore refocus and | |
invest in methods that will enable it to characterize accurately the threats | |
that already exist in space, not just on the ground; break down barriers | |
to information sharing and collaboration with the DOD; and embrace | |
commercially derived capabilities that can be adapted to a national security | |
mission—all while emphasizing the need to protect critical supply chains | |
and the cybersecurity needs that result from an increasingly government– | |
commercial low Earth orbit. | |
Our nation’s economic and national security depends on being able to | |
advance America’s leadership position in space, which is eroding in the face | |
of increasing threats from adversaries and our own inaction. | |
— 230 — | |
Intelligence Community | |
AN UNFINISHED EXPERIMENT | |
The Intelligence Community, including specifically the role of the DNI and | |
ODNI, is an unfinished experiment. The envisioned design principle was a conservative one: a small, network-centric model for enterprise coordination as opposed | |
to a large monolithic bureaucracy like DHS. The ODNI, however, has reverted | |
in some ways to a bureaucratic and hierarchical model characterized by limited | |
effectiveness. | |
Historically, the CIA has undercut the DNI and maintains primacy in the IC | |
hierarchy, especially regarding the White House. An incoming conservative President can right the ship and return the IC governance model to first principles | |
by using a limited but empowered leadership and coordination design to serve | |
the nation’s intelligence and national security needs while reclaiming the public | |
trust with fiscal responsibility, political neutrality, personnel accountability, technological prowess, and necessary human capital needed to counter the immense | |
nation-state and asymmetrical threats facing our country. | |
| |
AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in | |
the 2025 Presidential Transition Project. No particular policy statement, reform recommendation, or other view | |
expressed herein should be attributed to any individual contributor or to the author. | |
— 231 — | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
| |
6. | |
7. | |
8. | |
9. | |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
16. | |
17. | |
18. | |
“Two independent agencies—the Office of the Director of National Intelligence (ODNI) and the Central | |
Intelligence Agency (CIA); Nine Department of Defense elements—the Defense Intelligence Agency (DIA), | |
the National Security Agency (NSA), the National Geospatial-Intelligence Agency (NGA), the National | |
Reconnaissance Office (NRO), and intelligence elements of the five DoD services; the Army, Navy, Marine | |
Corps, Air Force, and Space Force. Seven elements of other departments and agencies—the Department of | |
Energy’s Office of Intelligence and Counter-Intelligence; the Department of Homeland Security’s Office of | |
Intelligence and Analysis and U.S. Coast Guard Intelligence; the Department of Justice’s Federal Bureau of | |
Investigation and the Drug Enforcement Agency’s Office of National Security Intelligence; the Department of | |
State’s Bureau of Intelligence and Research; and the Department of the Treasury’s Office of Intelligence and | |
Analysis.” Office of the Director of National Intelligence, “What We Do: Members of the IC,” https://www.dni. | |
gov/index.php/what-we-do/members-of-the-ic (accessed March 8, 2023). | |
Office of the Director of National Intelligence, “Mission,” https://www.intelligence.gov/mission#:~:text=The%20 | |
Intelligence%20Community's%20mission%20is,law%20enforcement%2C%20and%20the%20military | |
(accessed February 24, 2023). | |
Abraham Lincoln, Second Annual Message to Congress, December 1, 1862, https://www.presidency.ucsb.edu/ | |
documents/second-annual-message-9 (accessed March 6, 2023). | |
Christopher Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer | |
to Win the Technology Competition with China,” LinkedIn, March 14, 2023, https://www.linkedin.com/pulse/ | |
seven-questions-next-president-need-intelligence-community-porter/?trackingId=Dl9RF5CnSwWnAO7r9gg | |
HiQ%3D%3D (accessed March 18, 2023). | |
H.R. 2845, Intelligence Reform and Terrorism Prevention Act of 2004, Public Law No. 108-458, 108th Congress, | |
December 17, 2004, https://www.congress.gov/108/plaws/publ458/PLAW-108publ458.pdf (accessed | |
March 6, 2004). | |
Testimony of Philip Zelikow, Executive Director, National Commission on Terrorist Attacks Upon the United | |
States, in hearing, Assessing America’s Counterterrorism’s Capabilities, Committee on Governmental Affairs, | |
U.S. Senate, 108th Congress, 2d Session, August 3, 2004, p. 55, https://ia802906.us.archive.org/31/items/gov. | |
gpo.fdsys.CHRG-108shrg95506/CHRG-108shrg95506.pdf (accessed March 19, 2023). | |
Michael Allen, Blinking Red: Crisis and Compromise in American Intelligence After 9/11 (Dulles, VA: Potomac | |
Books, 2013), p. 155; Interview with Robert Gates, April 19, 2012. | |
Allen, Blinking Red, p. 154; Robert Gates e-mail to Andy Card, January 11, 2005; handwritten note from Robert | |
Gates, January 20, 2005. | |
Interview with John Ratcliffe, December 15, 2022. | |
Ibid. | |
Ibid. | |
S. 258, National Security Act of 1947, Public Law No. 80-253, 80th Congress, July 26, 1947, https://govtrackus. | |
s3.amazonaws.com/legislink/pdf/stat/61/STATUTE-61-Pg495.pdf (accessed March 6, 2023). | |
President Ronald Reagan, Executive Order 12333, “United States Intelligence Activities,” December 4, 1981, in | |
Federal Register, Vol. 46, No. 235 (December 8, 1981), pp. 59941–59954, https://www.govinfo.gov/content/ | |
pkg/FR-1981-12-08/pdf/FR-1981-12-08.pdf (accessed March 6, 2023). | |
President George W. Bush, Executive Order 13470, “Further Amendments to Executive Order 12333, United | |
States Intelligence Activities,” July 30, 2008, in Federal Register, Vol. 73, No. 150 (August 4, 2008), pp. | |
45325–45342, https://www.govinfo.gov/content/pkg/FR-2008-08-04/pdf/E8-17940.pdf (accessed March | |
6, 2023). See also President George W. Bush, Executive Order 13355, “Strengthened Management of | |
the Intelligence Community,” August 27, 2004, in Federal Register, Vol. 69, No. 169 (September 1, 2004), | |
pp. 53593–53597, https://www.govinfo.gov/content/pkg/FR-2004-09-01/pdf/04-20051.pdf (accessed | |
March 6, 2023). | |
U.S. Department of Defense, Defense Counterintelligence and Security Agency, “Trusted Workforce 2.0 and | |
Continuous Vetting,” https://www.dcsa.mil/mc/pv/cv/ (accessed March 9, 2023). | |
50 U.S. Code § 3093(e), https://www.law.cornell.edu/uscode/text/50/3093 (accessed February 24, 2023). | |
50 U.S. Code § 3093(a). | |
50 U.S. Code § 3093(a)(4). | |
— 232 — | |
Intelligence Community | |
— 233 — | |
| |
19. Michael E. DeVine, “Covert Action and Clandestine Activities of the Intelligence Community: Selected | |
Definitions,” Congressional Research Service Report for Members and Committees of Congress No. R45175, | |
updated November 29, 2022, https://sgp.fas.org/crs/intel/R45175.pdf (accessed February 24, 2023). | |
20. H.R. 2663, Central Intelligence Agency Act of 1949, Public Law No. 81-110, 81st Congress, June 20, 1949, https:// | |
govtrackus.s3.amazonaws.com/legislink/pdf/stat/63/STATUTE-63-Pg208.pdf (accessed March 6, 2023). | |
21. Nicole Ogrysko, “Intelligence Community Workforce Is More Diverse, but Still Struggles with Retention and | |
Promotion,” Federal News Network, October 27, 2021, https://federalnewsnetwork.com/workforce/2021/10/ | |
intelligence-community-workforce-is-more-diverse-but-still-struggles-with-retention-and-promotion/ | |
(accessed March 18, 2023). | |
22. See James J. Wirtz, “The Intelligence Policy Nexus,” in Loch K. Johnson, ed., Strategic Intelligence, Volume | |
1: Understanding the Hidden Side of Government (Westport, CT: Prager, 2007), and Richard K. Betts, | |
“Analysis, War, and Decision: Why Intelligence Failures Are Inevitable,” World Politics, Vol. 30, No. 1 (October | |
1978), pp. 61–89. | |
23. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to | |
Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on | |
Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ | |
ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 14, 2023). | |
24. Joshua Rovner, Fixing the Facts: National Security and the Politics of Intelligence (Ithaca, NY: Cornell | |
University Press, 2011), pp. 30–31. | |
25. Joshua Rovner, “Is Politicization Ever a Good Thing?” Intelligence and National Security, Vol. 28, No. 1 | |
(2013), p. 58. | |
26. S. 1566, Foreign Intelligence Surveillance Act of 1978, Public Law No. 95-511, 95th Congress, October | |
25, 1978, https://www.govinfo.gov/content/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf (accessed | |
March 6, 2023). | |
27. The Cipher Brief, “702 Reauthorization: Defending a Key Intelligence Tool,” remarks of Benjamin Powell, | |
former General Counsel to the Director of National Intelligence, stating that FISA 702 provides “between | |
40 and 60 percent” of the intelligence in the PDB, December 18, 2017, https://www.youtube.com/ | |
watch?v=mRJ09GHVRFk&ab_channel=TheCipherBrief (accessed March 18, 2023). | |
28. An intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the United | |
States. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Five | |
Eyes Intelligence Oversight and Review Council (FIORC),” https://www.dni.gov/index.php/ncsc-how-wework/217-about/organization/icig-pages/2660-icig-fiorc (accessed March 10, 2023). | |
29. Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer to Win the | |
Technology Competition with China.” | |
30. H.R. 1591, An Act to Require the Registration of Certain Persons Employed by Agencies to Disseminate | |
Propaganda in the United States and for Other Purposes, Public Law No. 75-583, 75th Congress, June 8, 1938, | |
https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/52/STATUTE-52-Pg631.pdf (accessed March 6, 2023). | |
31. Kristina Wong, “Exclusive: Former DNI John Ratcliffe Pleased CIA Following His Lead on China Threat,” | |
Breitbart, October 13, 2021, https://www.breitbart.com/politics/2021/10/13/exclusive-john-ratcliffe-pleasedcia-following-lead-china-threat/ (accessed March 11, 2023). | |
32. H.R. 4628, Intelligence Authorization Act for Fiscal Year 2003, Public Law No. 107-306, 107th Congress, | |
November 27, 2002, Title IX, https://www.govinfo.gov/content/pkg/STATUTE-116/pdf/STATUTE-116-Pg2383.pdf | |
(accessed March 6, 2023). | |
33. President George W. Bush, Executive Order 13354, “National Counterterrorism Center,” August 27, 2004, in | |
Federal Register, Vol. 69, No. 169 (September 1, 2004), pp. 53589–53592, https://www.govinfo.gov/content/ | |
pkg/FR-2004-09-01/pdf/04-20050.pdf (accessed March 6, 2023). | |
34. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Who | |
We Are: History of NCSC,” https://www.dni.gov/index.php/ncsc-who-we-are/ncsc-history (accessed | |
March 11, 2023). | |
35. Gregory F. Treverton and C. Bryan Gabbard, Assessing the Tradecraft of Intelligence Analysis, RAND | |
Corporation, National Security Research Division Technical Report, 2008, p. 6, https://www.rand.org/pubs/ | |
technical_reports/TR293.html (accessed March 1, 2023). | |
| |
Mandate for Leadership: The Conservative Promise | |
36. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to | |
Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on | |
Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ | |
ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 6, 2023). | |
37. “Independent IC Analytic Ombudsman’s [Report] on Politicization of Intelligence,” attached to January 6, | |
2021, Zulauf letter. | |
38. President Barack Obama, Executive Order 13526, “Classified National Security Information,” December 29, | |
2009, in Federal Register, Vol. 75, No. 2 (January 5, 2010), pp. 707–731, https://www.govinfo.gov/content/pkg/ | |
FR-2010-01-05/pdf/E9-31418.pdf (accessed March 7, 2023). | |
39. President Barack Obama, Executive Order 13556, “Controlled Classified Information,” November 4, 2010, in | |
Federal Register, Vol. 75, No. 216 (November 9, 2010), pp. 68675–68677, https://www.govinfo.gov/content/ | |
pkg/FR-2010-11-09/pdf/2010-28360.pdf (accessed March 7, 2023). | |
40. Agathe Demarais, “How the U.S.–Chinese Technology War Is Changing the World,” Foreign Policy, November | |
19, 2022, https://foreignpolicy.com/2022/11/19/demarais-backfire-sanctions-us-china-technology-warsemiconductors-export-controls-biden/ (accessed February 28, 2023). | |
41. Scott Stewart, “The Risk to Undercover Operatives in the Digital Age,” Stratfor Worldview, October 29, 2015, | |
https://worldview.stratfor.com/article/risk-undercover-operatives-digital-age (accessed February 24, 2023). | |
42. Lauren Pitruzzello, “Human Intelligence: Former CIA Officer Talks About Espionage in the Digital Age, | |
University of Delaware UDaily, March 22, 2012, https://www1.udel.edu/udaily/2012/mar/global-agendagrenier-032212.html (accessed February 24, 2023). | |
43. Jenna McLaughlin and Zach Dorfman, “‘Shattered’: Inside the Secret Battle to Save America’s Undercover | |
Spies in the Digital Age,” Yahoo News, December 30, 2019, https://news.yahoo.com/shattered-insidethe-secret-battle-to-save-americas-undercover-spies-in-the-digital-age-100029026.html (accessed | |
February 24, 2023). | |
44. U.S. Federal Trade Commission, “U.S.–Safe Harbor Framework,” https://www.ftc.gov/business-guidance/ | |
privacy-security/us-eu-safe-harbor-framework (accessed March 11, 2023). | |
45. “Fact Sheet: Overview of the EU–U.S. Privacy Shield Network,” U.S. Department of Commerce, | |
https://2014-2017.commerce.gov/sites/commerce.gov/files/media/files/2016/eu-us_privacy_shield_fact_ | |
sheet.pdf (accessed March 11, 2023). | |
46. “Fact Sheet: United States and European Commission Announce Trans-Atlantic Data Privacy Framework,” The | |
White House, March 25, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/25/ | |
fact-sheet-united-states-and-european-commission-announce-trans-atlantic-data-privacy-framework/ | |
(accessed March 11, 2023). | |
47. President Joseph R. Biden Jr., Executive Order 14086, “Enhancing Safeguards for United States Signals | |
Intelligence Activities,” October 7, 2022, in Federal Register, Vol. 87, No. 198 (October 14, 2022), pp. 62283– | |
62297, (accessed March 7, 2023). | |
48. Warren P. Strobel, “Release of Ukraine Intelligence Represents New Front in U.S. Information War with Russia,” | |
The Wall Street Journal, updated April 4, 2022, https://www.wsj.com/articles/release-of-secrets-representsnew-front-in-u-s-information-war-with-russia-11649070001 (accessed February 24, 2023). | |
49. President Joseph R. Biden Jr., “National Security Memorandum on Promoting United States Leadership in | |
Quantum Computing While Mitigating Risks to Vulnerable Cryptographic Systems,” The White House, May | |
4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/national-securitymemorandum-on-promoting-united-states-leadership-in-quantum-computing-while-mitigating-risksto-vulnerable-cryptographic-systems/#:~:text=To%20mitigate%20this%20risk%2C%20the%20United%20 | |
States%20must,the%20quantum%20risk%20as%20is%20feasible%20by%202035 (accessed March 12, 2023). | |
See also President Joseph R. Biden Jr., Executive Order 14073, “Enhancing the National Quantum Initiative | |
Advisory Committee,” May 4, 2022, in Federal Register, Vol. 87, No. 89 (May 9, 2022), pp. 27909–27911, https:// | |
www.govinfo.gov/content/pkg/FR-2022-05-09/pdf/2022-10076.pdf (accessed March 12, 2023); and “Fact | |
Sheet: President Biden Announces Two Presidential Directives Advancing Quantum Technologies,” The White | |
House, May 4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/factsheet-president-biden-announces-two-presidential-directives-advancing-quantum-technologies/ (accessed | |
March 12, 2023). | |
— 234 — | |
8 | |
MEDIA AGENCIES | |
U.S. AGENCY FOR GLOBAL MEDIA | |
Mora Namdar | |
| |
MISSION STATEMENT | |
The mission of United States Agency for Global Media (USAGM) is to inform, | |
engage, and connect people around the world in support of freedom and democracy.1 However, this mission statement does not reflect the current work of the | |
agency. The mission is noble, but the execution is lacking. To fulfill its mission, | |
USAGM should also aim to present the truth about America and American policy— | |
not parrot America’s adversaries’ propaganda and talking points.2 | |
OVERVIEW | |
Originally formed as the Broadcasting Board of Governors (BBG) in 1994, the BBG | |
changed its name in 2018 to the United States Agency for Global Media. The USAGM is | |
a sub-Cabinet agency of the U.S. government with a budget of just under $1 billion. The | |
agency oversees two government broadcasting networks: the Voice of America (VOA) | |
and the Office of Cuba Broadcasting (OCB). USAGM also oversees 100 percent of the | |
grant funding for several “independent” grantee organizations, including the Middle | |
East Broadcasting Network (MBN), Radio Free Asia (RFA), Radio Free Europe/Radio | |
Liberty (RFE/RL), and the newly formed Open Technology Fund (OTF).3 | |
l | |
The Voice of America provides news and information in 48 languages to | |
a weekly audience of more than 326 million people worldwide. For more | |
— 235 — | |
Mandate for Leadership: The Conservative Promise | |
than 80 years, VOA journalists have supplied news and information about | |
the U.S., audience-specific regions of interest and concern, and the world at | |
large. VOA radio and television signals are broadcast to approximately 3,500 | |
affiliates, and satellite transmissions reach countries where free speech is | |
banned or where civil society is under threat.4 | |
VOA uses digital, web, and mobile media as well, which, while sometimes | |
useful in propagating valuable information globally, has created specific | |
violations of the agency’s prohibition against broadcasting to the domestic | |
U.S. audience—particularly with regard to flagrantly political content, as | |
has been the practice with recent and current VOA content directors and | |
managers.5 The network once had a generally well-received brand value, | |
but it has deteriorated under decades of poor leadership and a loss of its | |
once-prized unbiased reporting. There are bright spots within VOA, but | |
mismanagement and declining production values have diluted its oncegreat reputation as a singular voice in American news broadcasting abroad. | |
| |
l | |
l | |
l | |
The Office of Cuba Broadcasting oversees Radio and Television Martí, a | |
multimedia hub of news, information, and analysis that provides the people | |
of Cuba with programs through satellite television, radio, and digital media. | |
These programs present news and information about Cuba’s oppressive | |
government from the outside world that would otherwise be heavily | |
restricted.6 The OCB remains a critical avenue of truth to the Cuban people | |
but has been threatened with crippling budget and operational constraints, | |
including empathetic attitudes toward Communist Cuban leadership | |
coupled with organizational hostility toward the OCB by certain elements | |
of USAGM leadership. During the Biden Administration, the OCB has been | |
threatened with closure, while also suffering chilling reductions in force.7 | |
The Middle East Broadcasting Network is an Arabic-language news | |
organization with a weekly audience of 27.4 million people in 22 countries | |
in the Middle East and North Africa. The MBN consists of two television | |
networks, radio, websites, and social media platforms. Together, they deliver | |
news and analysis on the region, American policies, and Americana. The | |
MBN has correspondents throughout the Middle East and North Africa.8 | |
Radio Free Europe/Radio Liberty is a private, nonprofit, multimedia | |
broadcasting corporation that serves as a surrogate media source in 27 | |
languages and 23 countries, including Afghanistan, Iran, Pakistan, Russia, | |
and Ukraine. | |
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Founded in the early days of the Cold War (Radio Free Europe in 1949 | |
and Radio Liberty in 1953) and merged in 1976, Radio Free Europe and | |
Radio Liberty were intended to execute edgy and daring information | |
operations and unrestricted news reporting deep behind the Iron Curtain. | |
Unfortunately, like other broadcast organizations under USAGM, RFE/RL | |
has surrendered much of its rich history to an approach that favors political | |
trends as opposed to operations that support and represent America abroad. | |
While there are some bright spots within RFE/RL, much of the network has | |
redundant programming with certain VOA language services, often with | |
competing, counterproductive, or dissimilar messaging. | |
The recent addition of RFE/RL’s Hungarian-language service, Szabad | |
Európa, falls outside the intended scope of RFE/RL’s charter by targeting a | |
democratically elected, pro-American European and NATO ally. | |
Not least, RFE/RL has been plagued by several serious espionage-related | |
security risks within its ranks.9 | |
l | |
Several reports from the Office of the Inspector General (OIG) were released | |
showing waste and self-dealing, including security vulnerabilities and RFA leadership awarding insiders millions of dollars of grant funding.11 For example, as | |
the OIG stated in one report, the then-president of RFA “established the Freedom2Connect Foundation (Foundation)” and thereafter “awarded two contracts, | |
totaling $1.2 million” to the foundation she herself founded.12 Furthermore: | |
[The] OIG found that RFA did not comply with Federal procurement | |
requirements for grantees. OIG identified instances in which RFA and | |
its agents did not comply with OMB [Office of Management and Budget] | |
conflict-of-interest procurement requirements for grantees. Specifically, | |
OIG found that RFA entered into 14 contracts, totaling $4.0 million | |
(51 percent of the amount of OTF FYs 2012 and 2013 project-related | |
contracts), with organizations that had some affiliation with either RFA | |
officials or members of OTF Advisory Council.13 | |
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| |
Radio Free Asia is a private, nonprofit multimedia news corporation that | |
brings news and uncensored content to people in six Asian countries that | |
restrict free speech, freedom of the press, and access to reliable information. | |
RFA also provides educational and cultural programming, as well as forums | |
for audiences to engage in open dialogue and freely express opinions. RFA | |
utilizes on-the-ground reporters and networks of in-country sources, citizen | |
journalists, and eyewitnesses who provide leads, tips, images, and video.10 | |
Mandate for Leadership: The Conservative Promise | |
This same leadership proceeded to wastefully form the Open Technology | |
Fund as its own independent grantee with the help of USAGM senior | |
management prior to the tenure of Trump-appointed leadership. | |
| |
l | |
The Open Technology Fund’s goal is to provide funding to support | |
the research, development, and implementation of Internet freedom | |
technologies that circumvent censorship. OTF was formed under dubious | |
circumstances by using consolidation rules to usurp the mission and | |
funding of USAGM’s pre-existing Office of Internet Freedom (OIF), which | |
funded far more diverse technologies with much greater transparency. OTF, | |
however, operates with far less transparency and strictly restricts funding to | |
“open source” technology. OTF does not support any technology with even | |
partially “closed source” code, notwithstanding that such closed-source | |
code would provide more protection against hacking. | |
Although OTF touts large user numbers, this could not be substantiated | |
upon requests for information, and it was discovered by former senior | |
USAGM leadership that OTF makes extremely small, insubstantial | |
donations to much larger messaging applications and technology to bolster | |
its unsubstantiated claims.14 Despite its vibrant self-lobbying and publicity | |
efforts, OTF remains a wasteful and redundant boondoggle. Its grantee | |
status was suspended by Trump-appointed USAGM leadership for a number | |
of reasons, including noncompliance with its grant terms and for actions | |
that resulted in several fraud and waste investigations.15 | |
The OIF, which predates OTF, was historically under USAGM’s Office of | |
Chief Strategy Officer and for years had been performing the same tasks as | |
OTF within USAGM headquarters for the benefit of all USAGM broadcast | |
networks. With much greater transparency, OIF succeeded with fewer staff | |
while simultaneously fielding more diverse and robust technologies. Absent | |
a meaningful organizational impact analysis to justify the wastefulness of | |
the decision-making process, OTF usurped the entire OIF budget and was | |
set up as a new grantee organization. | |
Exacerbating matters, OIF was shut down in order to provide massive | |
grants to the opaque activities of OTF and its founding leadership, who went | |
on a free-spending boondoggle for high-end Washington, D.C., office space, | |
furnishings, and top salaries for its leadership team. Numerous career staff | |
whistleblowers came forward to sound the alarm about OTF to Trumpappointed leadership, citing concerns about the OIG reports, wasteful | |
spending, and other substantive performance matters.16 Nonetheless, the | |
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Biden Administration reinstated OTF to full operational status and ceased | |
all investigations immediately after assuming office. | |
ATTEMPTS AT REFORM | |
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| |
Late in the Trump Administration, following the long-delayed Senate confirmation of Michael Pack as USAGM Chief Executive Officer (CEO),17 agency leadership | |
rapidly initiated long-overdue and necessary reforms,18 including security reforms | |
repeatedly requested by the Office of Personnel Management (OPM) and the Office | |
of the Director of National Intelligence (ODNI) that had been ignored by USAGM | |
leadership.19 Unfortunately, as was the case with the OTF, the Biden Administration | |
immediately reinstated personnel who had been fired for gross security violations, | |
placing the agency back into its previously failed posture—one that poses a danger | |
to national security. | |
The Firewall Saga. The vital error in USAGM’s current organizational/cultural calculus is the agency’s selective application of a journalistic “firewall.” The | |
amorphous interpretation of a firewall shifts, depending on which Administration | |
is in office and who is asking questions. | |
Although a firewall should ensure journalistic independence, it has been used | |
without formal regulation for decades in order to shirk legitimate oversight of | |
everything from promoting adversaries’ propaganda to ignoring journalistic safety. | |
Often, the “firewall” is touted when journalists are either promoting anti-American | |
propaganda that parrots adversarial regime talking points or promoting politically | |
biased viewpoints in opposition to the VOA charter.20 | |
Such weak oversight, alien to any other large media network or news organization—particularly one derivative of U.S. foreign policy and national security | |
goals—was erroneously enshrined in a document known as the Firewall Regulation.21 The Firewall Regulation was entered into the Federal Register on the eve | |
of the Senate confirmation of President Donald Trump’s USAGM CEO, Michael | |
Pack. It was the quintessential “midnight reg” designed to throttle the statutory | |
and executive authority of the agency head. It stipulated that agency management, | |
by standards unknown to most large broadcast companies, was forbidden from | |
engaging in oversight and direction of content in any way—even false content. | |
It ran counter to the law, including the Smith–Mundt Act,22 and it was harmful | |
to the agency itself and to the foreign policy and national security goals of the | |
U.S. government. | |
Even content that went well beyond fair and accurate reporting on U.S. domestic | |
and political problems could not be reined in by front office leadership under the | |
Firewall Regulation. Soon, VOA’s White House correspondent was posting content | |
highly critical of, and personally insulting to, the U.S. President—in contradiction | |
of VOA’s own journalistic standards, policies, and procedures. USAGM career officials considered such content sacrosanct and bravely independent “journalistic” | |
| |
Mandate for Leadership: The Conservative Promise | |
content protected by the “spirit of” the Firewall Regulation—despite ample evidence to the contrary. | |
Late in the Trump Administration, USAGM political leadership, following an | |
intensive U.S. Department of Justice review, revoked the Firewall Regulation over | |
the protests of journalistic organizations—none more vociferous than VOA itself.23 | |
While the abuses of the Firewall Regulation are particularly disconcerting, they | |
encompass just a fraction of similar overreaches of the agency’s journalistic mission. | |
Current and former USAGM/VOA leadership who wanted to maintain virtually | |
zero accountability and oversight waged a campaign of interference, resistance, and | |
disinformation to stifle change at the agency. Perhaps not coincidentally, various | |
media outlets with relationships to former and future USAGM leadership published | |
near-daily criticisms of Trump Administration appointees and also of grantee organization leaders who were appointed by CEO Pack to implement long-overdue reforms.24 | |
Agency Mission Failure. Currently, the USAGM, by and large, is not fulfilling | |
its mission, which remains so ill-defined and ambiguous that it enables the organization to go about its business largely unguided with little to no oversight. Rather | |
than providing news and information in an accurate, reliable way that promotes | |
and supports freedom and democracy, the agency is mismanaged, disorganized, | |
ineffective, and rife with waste and redundancy. | |
These shortfalls are either oriented toward, or directly contribute to, the agency’s media organizations joining the mainstream media’s anti-U.S. chorus and | |
denigrating the American story—all in the name of so-called journalistic independence. Indeed, content during the Trump Administration was rife with typical | |
mainstream media talking points assailing the President and his staff. The few | |
bright spots within VOA and the OCB are often stifled instead of supported. Toplevel talent often leaves the agency or is met with obstacles rather than support.25 | |
Opportunities for modernization and effective strategy are ignored, and wasteful | |
spending and misallocation of resources are the norm in an environment in which | |
nepotism is rampant and political gamesmanship protects bad actors. | |
Amanda Bennett26 was confirmed as USAGM CEO in 2022 after two years | |
of being blocked by several Members of Congress. Legal advocacy organization | |
America First Legal Foundation even wrote to President Joe Biden asking him to | |
withdraw her nomination,27 citing several severe national security failures while | |
she was director of VOA.28 Her tenure as director during the Obama Administration | |
(and her holdover into the beginning of the Trump Administration) was marred | |
with operational failures, security failures, and credibility failures. Those failures | |
are reportedly ongoing during her current tenure as CEO.29 | |
NECESSARY REFORMS | |
Security Issues. The Office of Personnel Management30 and the Office of | |
the Director of National Intelligence flagged severe security failures during four | |
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| |
extensive investigations of the USAGM, each conducted during a 10-year period | |
between 2010 and 2020.31 Security personnel and former agency senior leadership | |
ignored these issues and allowed them to persist.32 | |
In brief, the USAGM is vulnerable to exploitation by foreign spies. During the | |
last six months of the Trump Administration, known foreign intelligence operatives were removed from the OCB and RFE/RL. During the 10-year period between | |
2010 and 2020, both the OPM and the ODNI found that the USAGM’s Office of | |
Security (under the Office of Management) had grossly ignored and flouted many | |
of the federal government’s most critical and long-standing information and personnel security protocols, regulations, and practices.33 | |
During the investigative period—in which the findings were largely, if not | |
wholly, ignored by agency senior leadership—over 1,500 USAGM personnel | |
(nearly 40 percent of its total workforce) were performing their Tier 3 and Tier 5 | |
national-security-sensitive positions with falsified and/or unauthorized suitability-for-employment determinations and with access to sensitive federal buildings | |
and information systems. In many cases, records (including Social Security numbers), were falsified or replaced with notional placeholders, and fingerprints (in | |
many dozens of cases) were never submitted to the Federal Bureau of Investigation | |
for basic background investigations. | |
By the time these issues were addressed by members of the Trump Administration, more than 500 personnel with unauthorized access and clearances had | |
left the USAGM and rolled into other federal agencies with reciprocal clearance | |
authorizations. Many others disappeared into U.S. society. As of January 2021, the | |
USAGM had not yet determined the whereabouts of these individuals.34 | |
The USAGM must never again be entrusted with delegated authority over its | |
personnel security programs and suitability determinations until such time as it | |
can prove that these failures will not happen again. These responsibilities must | |
remain with the Department of Defense and the Office of Personnel Management, | |
to which they were transferred in the final weeks of the Trump Administration. | |
Journalists’ Security. Agency journalists, both on and off American soil, have | |
faced danger,35 yet their superiors have done little to protect them. Whistleblowers | |
and Trump Administration officials found that protection of USAGM American | |
and foreign journalists employed by USAGM networks and grantee organizations | |
was severely lacking. | |
Against often-significant resistance, political appointees forced action to | |
enable broadcasters (who were under verified threats) to broadcast from remote | |
locations while being protected by federal law enforcement officers. Likewise, | |
political appointees met resistance from senior career officials when insisting | |
that foreign-based journalists in high-risk countries make their locations known | |
to the agency in the event they required rescue, extraction, or safe housing. Such | |
safety measures, argued career officials, would somehow represent a violation of | |
| |
Mandate for Leadership: The Conservative Promise | |
journalistic independence. With only rare exceptions, resistance to the most basic | |
journalist safety measures was the knee-jerk response from USAGM career officials. | |
Wasting Taxpayer Dollars. The USAGM’S current operations, properly managed, can be conducted on less than $700 million per year. Prior to the arrival of | |
President Donald Trump’s appointees in June 2020, budgeting, financial responsibility, and spending totaled over $800 million per year, with virtually no oversight | |
or supervision. Waste, unnecessary spending, nepotism for pet projects, redundant | |
programs, and unnecessary hiring abounded. | |
Consolidation and Reduction of Redundant Services. Currently, the USAGM | |
funds numerous redundant services through its own offices, through Voice of America and the Office of Cuba Broadcasting, and through its grantees. For example, VOA | |
has a Mandarin-language service but also funds redundant services through Radio | |
Free Asia. VOA also has a Farsi-language service that duplicates one funded through | |
Radio Free Europe/Radio Liberty. Surplus services in the same languages are often | |
unnecessary and counterproductive. Fiscal responsibility and transparency should | |
return to the USAGM, with consolidation being a cornerstone of the strategy. | |
As noted previously, the Open Technology Fund duplicates activities that | |
already existed at the USAGM in the Office of Internet Freedom. Numerous career | |
whistleblowers came forward to sound the alarm to President Trump’s USAGM | |
political team about OTF’s abuse and overreach.36 Its opaque, expensive, and | |
unnecessary usurpation of an existing USAGM office is an egregious example of | |
government waste and illustrates the general disdain for U.S. taxpayers that is rife | |
within this agency. Full reinstatement of OIF would allow full agency and congressional oversight into how so-called “Internet freedom” money is being spent.37 | |
J-1 Visa Program Abuses. Rather than use the appropriate I visa38 intended | |
for foreign journalists, the USAGM uses the J-1 “cultural exchange” visas to allow | |
foreign nationals to transition easily into jobs that American citizens with cultural and linguistic expertise could satisfy. The J-1 visa is intended for cultural and | |
academic exchange programs, among others—none of which include journalism.39 | |
Additionally, J-1 visas are meant for non-immigrant temporary exchanges. The | |
USAGM’s J-1 visa holders often go on to apply for permanent residency, which | |
violates the intention of this visa. | |
Shortwave Transmission Upgrades and Improvements. Non-web-based | |
technologies that are proven and durable, such as shortwave radio transmission | |
stations, have been grossly deemphasized in budgeting in favor of newer webbased technologies. This move is dangerously short-sighted and puts the U.S. at a | |
perilous strategic disadvantage in the event of a major conflict, particularly with | |
Russia or China. | |
There is great concern about the vulnerability of undersea cable trunks that | |
make up the Internet cloud. The vast majority of global Internet traffic—95 percent—is transmitted through these cables, including news transmissions and | |
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web-based content produced by the USAGM’s broadcast networks. While the | |
robust and popular use of the Internet is ideal during peacetime, during times of | |
major conflict, widespread damage to the undersea cables that carry communications across the globe can reasonably be expected. Long-lasting power outages | |
are also likely, such as those Ukraine experienced in the aftermath of Russia’s | |
2022 invasion. | |
The USAGM’s responsibility for the only U.S. global shortwave radio capability is | |
of critical strategic importance if America is to carry its message to people seeking | |
information and freedom within conflict zones. Shortwave technologies also make | |
it possible to carry broadcasts in areas where Internet traffic is severely restricted, | |
as it is in many authoritarian states today. | |
ORGANIZATIONAL ISSUES | |
Relevant Government Entities | |
l | |
The White House. As an executive branch agency, the USAGM ostensibly | |
should report to the President and coordinate activities with the | |
National Security Council (NSC)—especially given the direct and implied | |
national security aspects of the agency’s messaging globally. However, | |
there currently is no specific office in the White House or NSC liaison | |
for the USAGM. | |
The original network, VOA, functioned under the Office of Coordinator | |
of Information as early as 1941, the War Department’s Office of War | |
Information from 1942 to 1945, the State Department from 1945 to 1953, | |
and the U.S. Information Agency from 1953 until the creation of the | |
independent Broadcasting Board of Governors in 1999. Although some | |
oversight and management functions of the agency are provided by the | |
State Department, the USAGM otherwise has little connectivity to larger | |
departments or agencies and even less to the White House. With the | |
dissolution of the U.S. Information Agency in 1999, the USAGM has virtually | |
been under its own supervision and guidance. The results have been dismal. | |
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| |
Personnel. Personnel is one of the biggest concerns for the USAGM and its | |
grantees. Attracting talented staff who will stay and letting go of poorly performing personnel are hurdles. Additionally, whistleblowers have come forward with | |
numerous credible allegations of illegal nepotism and improper hiring practices.40 Past agency leaders have ignored national security procedures when hiring | |
and have failed to adequately vet staff.41 Government hiring policies and federal | |
law must be followed, and serious policy changes must be implemented to end | |
these practices. | |
Mandate for Leadership: The Conservative Promise | |
l | |
The State Department. VOA was most effective before and during the | |
Cold War when it was under the direct supervision and control of the War | |
and State Departments, respectively. If VOA is not put in the direct chain of | |
command under the NSC, serious consideration should be given to putting | |
VOA under the direct supervision of the Office of Global Public Affairs at the | |
Department of State. The Office of Global Public Affairs was formed during | |
the Trump Administration by consolidation of the State Department’s Bureau | |
of International Information Programs and Bureau of Global Public Affairs. | |
| |
Ensuring that taxpayer-funded TV, radio, and messaging tells America’s | |
story is imperative and should be coordinated with the existing foreignlanguage social media platforms at the State Department. Currently, VOA’s | |
foreign-language TV programming is unreliable in telling America’s story, | |
given its amorphous interpretation of its independence firewall and its | |
waning adherence to certain provisions of the Smith–Mundt Act depending | |
on which political party is in office. | |
The VOA firewall is meant to protect broadcasters from government | |
interference with content; however, USAGM staff have abused the firewall | |
and used it as an offensive measure to block oversight. Additionally, the | |
Smith–Mundt Act stipulates that USAGM services are meant to tell the | |
American story abroad—never to domestic audiences—but the agency has | |
used its taxpayer funding to promote partisan messaging in the U.S. One of | |
the most egregious examples was when, in 2020, it bought ads on its foreignlanguage social media sites to disseminate a Biden campaign ad and targeted | |
it to a major Muslim population in Michigan.42 Moreover, VOA often airs | |
foreign adversaries’ propaganda, which is antithetical to its congressionally | |
mandated core mission. State Department oversight or “command” may be | |
one way to ensure that VOA and the rest of the USAGM returns and adheres | |
to its original mission. | |
Clear lines of command and communications between the USAGM and an | |
appropriate office of the National Security Council are also sorely lacking, | |
as has been any reasonable accountability for USAGM senior leadership | |
and strategy. The State Department’s Assistant Secretary for Global Public | |
Affairs and Undersecretary for Diplomacy and Public Affairs should also | |
be in the accountability loop for agency actions. While the U.S. Secretary of | |
State technically has a seat on the board of the agency, it is a toothless seat | |
that is often deferred to the undersecretary and/or assistant secretaries | |
noted above. This position should be relevant and directive when U.S. | |
foreign policy and strategic communications are at stake. | |
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For example, the years-long delay in confirming the Trump-appointed | |
CEO left disastrous holdover leadership from the previous Administration. | |
Employing effective leadership, even in an acting capacity, while a new CEO is | |
awaiting Senate confirmation is necessary to prevent a repeat of this behavior. | |
l | |
l | |
Congress. The USAGM receives its budget and mandates directly from | |
Congress. Often, changes in major functions at the agency happen because | |
of the lobbying efforts of a few connected individuals—often grantees | |
lobbying for more funds and less accountability. Those changes can and | |
do handcuff leadership from any meaningful oversight. An overhaul of the | |
agency with review from Congress to modernize, streamline, and reduce | |
waste must be done with congressional support. | |
Key nongovernmental stakeholders, allies, and non-allies. These include | |
industry groups, nonprofits, trade associations, foundations, and activist | |
organizations, for example, America First Legal Foundation,43 USAGM | |
Watch,44 BBG-USAGM Watch,45 and Whistleblower Protection Project.46 | |
CONCLUSION | |
AUTHOR’S NOTE: The preparation of this chapter was a collective effort involving many individuals to | |
whom thanks is owed. These individuals include, but are not limited to, Victoria Coates, Michael Pack, Frank | |
Wuco, and several brave whistleblowers who prefer not to be named. Their efforts were integral to the chapter | |
and are greatly appreciated. | |
— 245 — | |
| |
The USAGM is a story of a lost opportunity both to help restore the world’s confidence in the promise and ideals of America and to set a high mark for journalistic | |
integrity and unbiased reporting. These two areas have suffered severely under two | |
decades of USAGM mismanagement and lack of oversight. Finding solutions to | |
these problems and the restoration of the agency’s networks must be the priorities | |
of future agency leadership. | |
To accomplish this, the USAGM must be fully reformed top to bottom with | |
congressional and White House support. The possibility of consolidating not only | |
the agency’s subparts, but bringing the entire agency under the supervision of the | |
NSC, the State Department, or both would dramatically aid that reform. | |
If the de facto aim of the agency simply remains to compete in foreign markets | |
using anti-U.S. talking points that parrot America’s adversaries’ propaganda, then | |
this represents an unacceptable burden to the U.S. taxpayer and a negative return | |
on investment. In that case, the USAGM should be defunded and disestablished. | |
If, however, the agency can be reformed to become an effective tool, it would be | |
one of the greatest tools in America’s arsenal to tell America’s story and promote | |
freedom and democracy around the world. | |
Mandate for Leadership: The Conservative Promise | |
CORPORATION FOR PUBLIC BROADCASTING | |
Mike Gonzalez | |
| |
E | |
very Republican President since Richard Nixon has tried to strip the Corporation for Public Broadcasting (CPB) of taxpayer funding. That is significant not | |
just because it means that for half a century, Republican Presidents have failed to | |
accomplish what they set out to do, but also because Nixon was the first President | |
in office when National Public Radio (NPR) and the Public Broadcasting Service | |
(PBS), which the CPB funds, went on air. | |
In other words, all Republican Presidents have recognized that public funding | |
of domestic broadcasts is a mistake. As a 35-year-old lawyer in the Nixon White | |
House, one Antonin Scalia warned that conservatives were being “confronted with | |
a long-range problem of significant social consequences—that is, the development | |
of a government-funded broadcast system similar to the BBC.”47 | |
All of which means that the next conservative President must finally get | |
this done and do it despite opposition from congressional members of his | |
own party if necessary. To stop public funding is good policy and good politics. | |
The reason is simple: President Lyndon Johnson may have pledged in 1967 | |
that public broadcasting would become “a vital public resource to enrich our | |
homes, educate our families and to provide assistance to our classrooms,”48 | |
but public broadcasting immediately became a liberal forum for public affairs | |
and journalism. | |
Not only is the federal government trillions of dollars in debt and unable to | |
afford the more than half a billion dollars squandered on leftist opinion each year, | |
but the government should not be compelling the conservative half of the country | |
to pay for the suppression of its own views. As Thomas Jefferson put it, “To compel | |
a man to furnish contributions of money for the propagations of opinions which | |
he disbelieves and abhors, is sinful and tyrannical.”49 | |
A DEMONSTRATED PATTERN OF BIAS | |
Conservatives will thus reward a President who eliminates this tyrannical situation. PBS and NPR do not even bother to run programming that would attract | |
conservatives. As Pew Research demonstrated in 2014, 25 percent of PBS’s audience is “mostly liberal,” and 35 percent is “consistently liberal.” That is 60 percent | |
liberal compared to 15 percent conservative (11 percent “mostly conservative” and | |
4 percent “consistently conservative”).50 | |
NPR’s audience is even to the Left of that, with 67 percent liberal (41 percent | |
“consistently liberal” and 26 percent “mostly liberal”), compared with 12 percent | |
conservative (3 percent and 9 percent “consistently conservative” and “mostly conservative,” respectively).51 That may be an acceptable business model for MSNBC | |
or CNN, but not for a taxpayer-subsidized broadcaster. | |
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Media Agencies: Corporation for Public Broadcasting | |
DEFUNDING THROUGH THE BUDGETARY PROCESS | |
PUBLIC INTEREST VS. PRIVILEGE | |
Stripping public funding would, of course, mean that NPR, PBS, Pacifica Radio, | |
and the other leftist broadcasters would be shorn of the presumption that they act | |
in the public interest and receive the privileges that often accompany so acting. | |
They should no longer, for example, be qualified as noncommercial education stations (NCE stations), which they clearly no longer are. NPR, Pacifica, and the other | |
radio ventures have zero claim on an educational function (the original purpose | |
for which they were created by President Johnson), and the percentage of on-air | |
programming that PBS devotes to educational endeavors such as “Sesame Street” | |
(programs that are themselves biased to the Left) is small. | |
Being an NCE comes with benefits. The Federal Communications Commission, for example, reserves the 20 stations at the lower end of the radio frequency | |
(between 88 and 108 MHz on the FM band) for NCEs. The FCC says that “only | |
noncommercial educational radio stations are licensed in the 88–92 MHz ‘reserved’ | |
band,” while both commercial and noncommercial educational stations may | |
— 247 — | |
| |
Cutting off the CPB is logistically easy. The solution lies in the budgetary | |
process. In 2022, the CPB submitted to the Labor, Health and Human Services, | |
Education, and Related Agencies Subcommittees of the House and Senate Appropriations Committees its budget justification for fiscal year (FY) 2023. In it, the | |
CPB requested that Congress give it a $565 million advance appropriation—a $40 | |
million increase compared to its FY 2022 funding.52 Unlike most other agencies, | |
the CPB receives advance appropriations that provide them with funding two years | |
ahead of time, which insulates the agency from Congress’s power of the purse and | |
oversight. This special budgetary treatment is unjustified and should be ended. | |
The 47th President can just tell the Congress—through the budget he proposes | |
and through personal contact—that he will not sign an appropriations spending bill | |
that contains a penny for the CPB. The President may have to use the bully pulpit, | |
as NPR and PBS have teams of lobbyists who have convinced enough Members of | |
Congress to save their bacon every time their taxpayer subsidies have been at risk | |
since the Nixon era. | |
Defunding CPB would by no means cause NPR or PBS—or other public broadcasters that benefit from CPB funding, including the even-further-to-the Left | |
Pacifica Radio and American Public Media—to file for bankruptcy. The membership model that the CPB uses, along with the funding from corporations and | |
foundations that it also receives, would allow these broadcasters to continue to | |
thrive. As George Will wrote, “If ‘Sesame Street’ programming were put up for | |
auction, the danger would be of getting trampled by the stampede of potential | |
bidders.”53 Indeed, “Sesame Street” is on HBO now, which shows its potential as | |
a money earner. | |
Mandate for Leadership: The Conservative Promise | |
| |
operate in the “non-reserved” band.54 This confers advantages, as lower-frequency | |
stations can be heard farther away and are easier to find as they lie on the left end | |
of the radio dial (figuratively as well as ideologically). | |
The FCC also exempts NCE stations from licensing fees. It says that “Noncommercial educational (NCE) FM station licensees and full service NCE television | |
broadcast station licensees are exempt from paying regulatory fees, provided that | |
these stations operate solely on an NCE basis.”55 | |
NPR and PBS stations are in reality no longer noncommercial, as they run ads | |
in everything but name for their sponsors. They are also noneducational. The next | |
President should instruct the FCC to exclude the stations affiliated with PBS and | |
NPR from the NCE denomination and the privileges that come with it. | |
— 248 — | |
Media Agencies | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
9. | |
10. | |
11. | |
15. | |
16. | |
17. | |
18. | |
19. | |
20. | |
21. | |
22. | |
23. | |
24. | |
— 249 — | |
| |
12. | |
13. | |
14. | |
U.S. Agency for Global Media, https://www.usagm.gov/ (accessed March 20, 2023). | |
Ben Weingarten, “Security Failures USG Media Agency Prove Need to Hire Americans First,” Newsweek, | |
August 10, 2020, https://www.newsweek.com/security-failures-usg-media-Agency-prove-need-hireamericans-first-opinion-1523895 (accessed March 20, 2023). | |
U.S. Agency for Global Media, “Who We Are,” https://www.usagm.gov/who-we-are/history/ (accessed | |
March 20, 2023). | |
U.S. Agency for Global Media, “Voice of America,” https://www.usagm.gov/networks/voa/ (accessed | |
March 20, 2023). | |
Daniel Lippman, “Deleted Biden Video Sets Off a Crisis at Voice of America,” Politico July 30, 2020, https:// | |
www.politico.com/news/2020/07/30/deleted-biden-video-sets-off-a-crisis-at-voice-of-america-388571 | |
(accessed March 20, 2023). | |
U.S. Agency for Global Media, “Office of Cuba Broadcasting,” https://www.usagm.gov/networks/ocb/ | |
(accessed March 20, 2023). | |
Rafael Bernal, “Bipartisan Group Asks Office of Cuba Broadcasting to Rescind Layoffs,” September 13, 2022, | |
The Hill, https://thehill.com/latino/3641445-bipartisan-group-asks-office-of-cuba-broadcasting-to-rescindlayoffs/ (accessed March 20, 2023). | |
U.S. Agency for Global Media, “Middle East Broadcasting Networks,” https://www.usagm.gov/networks/mbn/ | |
(accessed March 20, 2023). | |
U.S. Agency for Global Media, Consolidation Report, p. 13, https://docs.house.gov/meetings/FA/ | |
FA00/20210930/114085/HMKP-117-FA00-20210930-SD002.pdf (accessed March 22, 2023). | |
U.S. Agency for Global Media, “Radio Free Asia,” https://www.usagm.gov/networks/rfa/ (accessed | |
March 20, 2023). | |
U.S. Department of State and the Broadcasting Board of Governors, Office of the Inspector General, Audit of | |
Radio Free Asia Expenditures, June 2015, https://www.stateoig.gov/uploads/report/report_pdf_file/aud-fmib-15-24_1.pdf (accessed March 22, 2023). | |
Ibid. | |
Ibid., p. 16. | |
Susan Crabtree, “‘Lax’ Internet Freedom Group Balks at New Pack Oversight,” https://www.realclearpolitics. | |
com/articles/2020/08/24/lax_internet_freedom_group_balks_at_new_pack_oversight_144043.html | |
(accessed March 22, 2023). | |
Ibid. | |
Ibid. | |
Nomination of Michael Pack to the Broadcasting Board of Governors, 116th Cong., 2nd Sess. (2020), https:// | |
www.congress.gov/nomination/116th-congress/1590 (accessed March 20, 2023). | |
James Robbins, “More Rot at America’s Public Diplomacy Mouthpiece,” The Hill, November 7, 2020, https:// | |
thehill.com/opinion/national-security/524924-more-rot-at-americas-public-diplomacy-mouthpiece/ | |
(accessed March 20, 2023). | |
U.S. Office of Personnel Management, Suitability Agency Executive Programs, Follow Up Review of U.S. | |
Agency for Global Media, July 2020, https://bbgwatch.com/wp-content/uploads/2020/08/OPM-SuitEAJuly-2020.pdf (accessed March 20, 203). | |
If the agency were not an extension of U.S. foreign policy and national security goals, then its staffing | |
positions would not be classified in their entirety as Tier 3 and Tier 5 national-security sensitive positions, | |
which they are. See U.S. Agency for Global Media, Consolidation Report, p. 13. | |
Federal Register, Vol. 85, No. 115 (June 15, 2020), pp. 36150–36153. | |
U.S. Information and Educational Exchange Act of 1948 (“Smith–Mundt Act”), Public Law 80–402. | |
Jessica Jerreat, “USAGM CEO Criticized Over Move to Rescind Firewall Regulation,” October 28, 2020, https:// | |
www.voanews.com/a/usa_usagm-ceo-criticized-over-move-rescind-firewall-regulation/6197671.html | |
(accessed March 20, 2023). | |
Byron York, “America’s Lost Voice,” Washington Examiner, February 4, 2021, https://www.washingtonexaminer. | |
com/politics/americas-lost-voice (accessed March 20, 2023). | |
| |
Mandate for Leadership: The Conservative Promise | |
25. Sasha Gong, “VOA Problems: Racism, Xenophobia, Mediocrity, and Nepotism,” BBG-USAGM Watch, December | |
25, 2018, archived at https://web.archive.org/web/20220105101300/https://bbgwatch.com/bbgwatch/voaproblems-racism-xenophobia-mediocrity-and-nepotism/ (accessed March 20, 2023). | |
26. U.S. Agency for Global Media Watch, “Big Mistake in Rewarding Failed Voice of America (VOA) Managers | |
U.S. Agency for Global Media Managers,” November 11, 2022, https://www.usagmwatch.com/big-mistakein-rewarding-failed-voice-of-america-voa-and-u-s-Agency-for-global-media-usagm-managers/ (accessed | |
March 20, 2023). | |
27. America First Legal Foundation,“AFL Asks Biden Administration to Withdraw Nomination of Amanda | |
Bennett Citing National Security and Related Failures,” June 30, 2022, https://aflegal.org/afl-asks-bidenadministration-to-withdraw-nomination-of-amanda-bennett-citing-national-security-and-related-failures/ | |
(accessed March 20, 2023). | |
28. U.S. Agency for Global Media, Consolidation Report, p. 13. | |
29. U.S. Agency for Global Media Watch, “Extraordinary Leadership Dysfunction at USAGM Continues,” October 4, | |
2022, https://www.usagmwatch.com/extraordinary-leadership-dysfunction-at-usagm-continues/ (accessed | |
March 20, 2023). | |
30. U.S. Office of Personnel Management, Follow-Up Review of the U.S. Agency for Global Media | |
Suitability Program. | |
31. Ibid. | |
32. U.S. Agency for Global Media, Consolidation Report, p. 13. | |
33. U.S. Office of Personnel Management, Follow-Up Review of the U.S. Agency for Global Media | |
Suitability Program. | |
34. Robbins, “More Rot at America’s Public Diplomacy Mouthpiece.” | |
35. U.S. Department of Justice, “Manhattan U.S. Attorney Announces Kidnapping Conspiracy Charges Against | |
an Iranian Intelligence Officer And Members Of An Iranian Intelligence Network,” July 13, 2021, https://www. | |
justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-kidnapping-conspiracy-charges-against-iranian | |
(accessed March 20, 2023). | |
36. James Robbins, “The Trouble with the Open Technology Fund,” Newsweek, August 9, 2020, https://www. | |
newsweek.com/trouble-open-technology-fund-opinion-1528998 (accessed March 20, 2023). | |
37. Susan Crabtree, “Lax Internet Freedom Group Balks at New Pack Oversight,” Real Clear Politics, August 24, | |
2020, https://www.realclearpolitics.com/articles/2020/08/24/lax_internet_freedom_group_balks_at_new_ | |
pack_oversight_144043.html (accessed March 20, 2023). | |
38. U.S. Department of State, “Visas for Members of the Foreign Media, Press, and Radio,” https://travel.state. | |
gov/content/travel/en/us-visas/employment/visas-members-foreign-media-press-radio.html (accessed | |
March 20, 2023). | |
39. Authorized positions for J-1 visas include: au pair, camp counselor, college/university student, government | |
visitor, intern, international visitor, physician, professor, research scholar, secondary school student, short-term | |
scholar, specialist, STEM initiatives, summer work travel, teacher, and trainee. See U.S. Department of State, | |
“Exchange Visitor Visa,” https://travel.state.gov/content/travel/en/us-visas/study/exchange.html (accessed | |
March 20, 2023). | |
40. News release, “McCaul Demands Answers on USAGM Personnel and Management,” Foreign Affairs | |
Committee, October 28, 2021, https://foreignaffairs.house.gov/press-release/mccaul-demands-answers-onusagm-personnel-and-management/ (accessed March 20, 2023). | |
41. U.S. Agency for Global Media Watch, “USAGM: Past Leaders Ignored National Security Procedures, Failed to | |
Adequately Vet Staff,” August 8, 2020, https://www.usagmwatch.com/usagm-past-agency-leaders-ignorednational-security-procedures-failed-to-adequately-vet-staff/ (accessed March 20, 2023). | |
42. U.S. Agency for Global Media, “CEO Pack Launches Investigation Into Pro-Biden VOA Content, U.S. Election | |
Interference,” July 30, 2020, https://www.usagm.gov/2020/07/30/ceo-pack-launches-investigation-into-probiden-voa-content-u-s-election-interference/ (accessed March 22, 2023). | |
43. America First Legal Foundation, “AFL Asks Biden Administration to Withdraw Nomination of Amanda | |
Bennet Citing National Security and Related Failures,” June 30, 2022, https://aflegal.org/afl-asks-bidenadministration-to-withdraw-nomination-of-amanda-bennett-citing-national-security-and-related-failures/ | |
(accessed March 20, 2023). | |
— 250 — | |
Media Agencies | |
— 251 — | |
| |
44. U.S. Agency for Global Media Watch, https://www.usagmwatch.com/ (accessed March 20, 2023). | |
45. BBG-USAM Watch, https://bbgwatch.com/bbgwatch/ (accessed March 20, 2023). | |
46. Whistleblower Protection Project, “Congress Releases Long-Awaited Investigative Report on Chronically | |
Mismanaged USAGM,” February 9, 2022, https://whipproj.org/congress-releases-long-awaited-usagminvestigative-report-revealing-Agencys-chronic-mismanagement/ (accessed March 20, 2023). | |
47. National Telecommunications and Information Administration, “Nixon Administration Public Broadcasting | |
Papers, Summary of 1971,” February 23, 1979, https://current.org/1979/02/nixon-administration-publicbroadcasting-papers-summary-of-1971/ (accessed March 21, 2023). | |
48. President Lyndon B. Johnson, State of the Union Address, January 10, 1967, https://www.infoplease.com/ | |
primary-sources/government/presidential-speeches/state-union-address-lyndon-b-johnson-january-10-1967 | |
(accessed March 21, 2023). | |
49. Joyce Appleby and Terence Ball, eds., Jefferson: Political Writings (Cambridge and New York: Cambridge | |
University Press, 1999), p. 390. | |
50. Pew Research Center, “Where News Audiences Fit on the Political Spectrum,” October 21, 2014, http://www. | |
journalism.org/interactives/media-polarization/outlet/pbs/ (accessed March 21, 2023. | |
51. Ibid. | |
52. Corporation for Public Broadcasting, Corporation for Public Broadcasting Appropriation Request and | |
Justification FY 2023/FY 2025, Submitted to the Labor, Health and Human Services, Education and Related | |
Agencies Subcommittee of the House Appropriations Committee and the Labor, Health and Human Services, | |
Education and Related Agencies Subcommittee of the Senate Appropriations Committee, March 28, 2022, | |
p. 2, https://www.cpb.org/sites/default/files/appropriation/FY-2023-2025-CPB-Budget-Justification.pdf | |
(accessed March 21, 2023). | |
53. George F. Will, “Public Broadcasting’s Immortality Defies Reason,” The Washington Post, June 2, 2017, https:// | |
www.washingtonpost.com/opinions/public-broadcastings-immortality-defies-reason/2017/06/02/f5de02be46fe-11e7-a196-a1bb629f64cb_story.html?utm_term=.8df3a01f6ca6 (accessed March 21, 2023). | |
54. Federal Communications Commission, “FM Radio,” https://www.fcc.gov/general/fm-radio (accessed | |
March 21, 2023). | |
55. Federal Communications Commission, “Regulatory Fee Exemptions for FY 2021,” FCC Regulatory Fees | |
Factsheet No. DA-21-1142, September 10, 2021, p. 2. | |
| |
9 | |
AGENCY FOR | |
INTERNATIONAL | |
DEVELOPMENT | |
Max Primorac | |
MISSION | |
OVERVIEW | |
USAID was established during the presidency of John F. Kennedy pursuant | |
to the Foreign Assistance Act of 19611 to promote the foreign policy, security, and | |
national interests of the United States. At the height of the Cold War with the | |
Soviet Union, it sought to halt the spread of Communism by assisting peoples in the | |
developing world in their efforts to advance economically, socially, and politically. | |
The agency helped to transition Central and Eastern Europe from socialism to | |
free market–based democracies. Today, USAID leads the U.S. government’s global | |
development and humanitarian disaster assistance responses. | |
Over the years, USAID expanded the number of countries assisted, the scope | |
and size of its activities, and especially its budget. The Trump Administration faced | |
— 253 — | |
| |
The U.S. Agency for International Development leads the U.S. government’s | |
international development and disaster assistance programs. USAID helps communities to lead their own development journeys by reducing the impact of conflict; | |
preventing hunger and the spread of pandemic disease; and counteracting the drivers of violence, instability, transnational crime, and other threats. In alignment | |
with U.S. national security interests, the agency promotes American prosperity | |
through initiatives that expand markets for U.S. exports; encourage innovation; | |
create a level playing field for U.S. businesses; and support more stable, resilient, | |
and democratic societies that are less likely to act against American interests and | |
more likely to respect family, life, and religious liberty. | |
| |
Mandate for Leadership: The Conservative Promise | |
an institution marred by bureaucratic inertia: programmatic incoherence; wasteful spending; and dependence on huge awards to a self-serving and politicized aid | |
industrial complex of United Nations agencies, international nongovernmental | |
organizations (NGOs), and for-profit contractors. Once started, programs continue | |
almost indefinitely—in many countries, for decades. USAID’s multibillion-dollar | |
humanitarian programs that were once 80 percent in response to natural disasters | |
are now 80 percent in response to violent, man-made crises and have become a | |
permanent and immiserating feature of the global landscape. | |
Under the Trump Administration, USAID focused on ending the need for foreign aid by placing countries onto a Journey to Self-Reliance.2 The Administration | |
restructured the agency to reflect this strategic approach to development, streamlined procurement procedures to diversify its partner base, increased awards to | |
cost-effective local (including faith-based) organizations, and improved internal governance. It instituted pro-life and family-friendly policies. It promoted | |
international religious freedom as a pillar of the agency’s work and built up an | |
unprecedented genocide-response infrastructure. | |
The Biden Administration has deformed the agency by treating it as a global | |
platform to pursue overseas a divisive political and cultural agenda that promotes | |
abortion, climate extremism, gender radicalism, and interventions against perceived | |
systemic racism. It has dispensed with decades of bipartisan consensus on foreign | |
aid and pursued policies that contravene basic American values and have antagonized our partners in Asia, Africa, and Latin America. It has decoupled U.S. assistance | |
from free-market reforms that are the keystone of economic and political stability | |
and has teamed with global institutions to impose central planning diktats on an | |
unprecedented scale. Wasteful budget increases requested by the Administration | |
and appropriated by Congress have outstripped USAID’s capacity to spend funds | |
responsibly, and U.S. foreign aid has been transformed into a massive and openended global entitlement program captured by—and enriching—the progressive Left. | |
The next conservative Administration should scale back USAID’s global footprint by, at a minimum, returning to the agency’s 2019 pre–COVID-19 pandemic | |
budget level. It should deradicalize USAID’s programs and structures and build | |
on the conservative reforms instituted by the Trump Administration. This will | |
require working closely with the U.S. Congress to make deep cuts in the international affairs “150 Account” while granting USAID greater flexibility in spending | |
its appropriated funds to achieve better developmental outcomes. | |
KEY ISSUES | |
Aligning U.S. Foreign Aid to U.S. Foreign Policy. U.S. foreign aid is too often | |
disconnected from the strategy and practice of U.S. foreign policy. Its coordination | |
is made difficult as the aid budget is divided among approximately 20 offices, agencies, and departments that provide some form of foreign assistance. | |
— 254 — | |
Agency for International Development | |
l | |
Inaugurated a robust counter-China response called Clear Choice3 | |
that contrasted America’s development approach based on liberty, | |
sovereignty, and free markets with China’s mercantilist authoritarianism | |
that pursued predatory financing schemes and economic and political | |
subordination to Beijing. | |
— 255 — | |
| |
The USAID Administrator should be authorized to take on the additional role | |
of Director of Foreign Assistance (DFA) with the rank of Deputy Secretary at the | |
Department of State in charge of all U.S. foreign assistance. The DFA role would | |
empower this person to align and coordinate the countless foreign assistance | |
programs across the U.S. government and carry out the agenda of the next conservative President more effectively. A version of this role existed during the last | |
two years of the George W. Bush Administration, but the Obama Administration | |
eliminated it in 2009. | |
Countering China’s Development Challenge. Through its trillion-dollar | |
Belt and Road Initiative (BRI), the Peoples Republic of China (PRC) has directed | |
billions of dollars in loans and investments to advance its geostrategic objective | |
of displacing the United States as the premier global power. The PRC leverages | |
its transactions—termed “debt traps” by many critics—to strengthen its global | |
influence, extract natural resources, isolate Taiwan, win political support at | |
international fora, and access ports and bases for its military. In Latin America, | |
25 of 29 countries participate in the BRI, and the PRC ranks as the region’s largest | |
trading partner. Since 2005, Chinese state-owned banks have issued $138 billion | |
in loans to Latin American countries, and other Chinese entities have invested | |
an additional $140 billion. In Africa, China has issued $160 billion in loans and | |
dominates the continent’s rare earth mining sector, which is critical to global | |
energy development. | |
The World Bank estimates that 60 percent of all BRI loans are in financial | |
distress, leading many countries to seek emergency financial help from Western | |
donors. Chinese-funded projects are known for employing substandard labor and | |
environmental practices, fueling corruption, promoting wasteful financial decisions by governments, advancing China’s geostrategic interests, and creating an | |
unequal trade relationship in which China secures raw materials from developing | |
countries and sells those countries manufacturing products. For example, Brazil, | |
a world leader in shoe production, saw its industry collapse under a flood of cheap | |
Chinese imports. China’s mercantilist penetration of the developing world and | |
the negative consequences for developing countries’ healthy economic growth | |
have undercut U.S. strategic relationships in those countries and wasted billions | |
in U.S. foreign aid. | |
During the Trump Administration, USAID: | |
Mandate for Leadership: The Conservative Promise | |
l | |
l | |
l | |
Struck bilateral development relationships with Japan, Israel, Kuwait, Qatar, | |
the United Arab Emirates, and Taiwan to support projects in sub-Saharan | |
Africa, Asia, Latin America, and the Middle East. | |
Established an office in Greenland to help counter China’s claims of being “a | |
near Arctic state” and reoriented its programming across Asia—including | |
establishing a USAID Mission to Central Asia—in line with America’s IndoPacific strategy.5 | |
Joined with the U.S. Department of Homeland Security and National | |
Oceanic and Atmospheric Administration to help coastal countries | |
detect and halt illegal, unreported, and unregulated fishing and confront | |
criminal activities practiced by state-run Chinese fishing fleets that violate | |
international norms, ravage fishing industries in developing countries, | |
worsen food insecurity, rob vulnerable communities of their livelihoods, | |
and deplete maritime resources. | |
| |
l | |
Launched its first Digital Strategy4 to promote safe 5G access in emerging | |
markets and combat Beijing’s efforts to equip regimes with tools to | |
stifle democracy. | |
USAID built an organizational infrastructure to carry out its multiple lines of | |
counter-China operations. An agencywide Clear Choice Executive Council and | |
USAID–U.S. International Development Finance Corporation Working Group | |
reviewed all proposed assistance programs and proposals through a counter-China | |
lens. A senior executive–level Clear Choice Coordinator, reporting to the Administrator, advised the agency’s leadership on initiatives to counter China, supported | |
by a fully dedicated six-person Secretariat. | |
The Biden Administration discontinued these programs and allowed USAID’s | |
counter-China architecture to waste away, subordinating our national security | |
interests to progressive climate politics in which Communist China is viewed as | |
a global partner. | |
The next conservative Administration should restore and build on the Trump | |
Administration’s counter-China infrastructure at USAID, end the climate policy | |
fanaticism that advantages Beijing, and assess bilateral aid through the lens of | |
U.S. national security interests, rewarding those countries that resist China’s | |
debt diplomacy. It should finance programs designed to counter specific Chinese | |
efforts in strategically important countries and eliminate funding to any partner | |
that engages with Chinese entities directly or indirectly. USAID’s Bangkok-based | |
Regional Development Mission for Asia should focus its strategic attention on | |
supporting cross-border initiatives designed to counter Chinese influence. | |
— 256 — | |
Agency for International Development | |
— 257 — | |
| |
Climate Change. Upon taking office, President Biden issued executive orders | |
to “put the climate crisis at the center of U.S. foreign policy and national security” | |
and mitigate “the devastating inequalities that intersect with gender, race, ethnicity, and economic security.”6 USAID subsequently declared itself “a climate agency” | |
and redirected its private-sector engagement strategy—teaming with America’s | |
corporate sector to wean countries off foreign aid through private investment and | |
trade—to support the Administration’s global policy to “transition from fossil fuels | |
to renewable energy.” | |
The Administration has incorporated its radical climate policy into every | |
USAID initiative. It has joined or funded international partnerships dedicated to | |
advancing the aims of the Paris Climate Agreement and has supported the idea of | |
giving trillions of dollars more in aid transfers for “climate reparations.” | |
The Biden Administration’s extreme climate policies have worsened global | |
food insecurity and hunger. Its anti–fossil fuel agenda has led to a sharp spike in | |
global energy prices. Inflation has hit the poor the hardest as they expend a higher | |
proportion of income on food purchases. Farmers in poor countries can no longer | |
afford to buy expensive natural gas–based fertilizers that are key to achieving high | |
yields of food production. Under advice from climate radicals, the government of | |
Sri Lanka even banned chemical fertilizers entirely without having any replacements in place. The result has been hunger and violent political instability. | |
The aid industry claims that climate change causes poverty, which is false. | |
Enduring conflict, government corruption, and bad economic policies are the | |
main drivers of global poverty. USAID’s response to man-made food insecurity | |
is to provide more billions of dollars in aid—a recipe that will keep scores of poor | |
countries underdeveloped and dependent on foreign aid for years to come. | |
The impact on Africa is especially acute. South Africa, for example, relies on | |
coal-powered plants to generate 80 percent of its power needs. It would need $26 | |
billion in foreign aid to make the full transition away from coal. Multiplying this | |
amount by dozens of other countries on the continent, the financial resources | |
needed to transition away from fossil fuels are unachievable. In Latin America, | |
countries that are global leaders in oil and gas production have sharply curtailed | |
their energy production in line with climate activists, upending the hemisphere’s | |
major source of export revenues and condemning it to years of economic and political instability. | |
USAID should cease its war on fossil fuels in the developing world and support | |
the responsible management of oil and gas reserves as the quickest way to end | |
wrenching poverty and the need for open-ended foreign aid. The next conservative | |
Administration should rescind all climate policies from its foreign aid programs | |
(specifically USAID’s Climate Strategy 2022–20307); shut down the agency’s offices, | |
programs, and directives designed to advance the Paris Climate Agreement; and | |
narrowly limit funding to traditional climate mitigation efforts. USAID resources | |
| |
Mandate for Leadership: The Conservative Promise | |
are best deployed to strengthen the resilience of countries that are most vulnerable to climatic shifts. The agency should cease collaborating with and funding | |
progressive foundations, corporations, international institutions, and NGOs that | |
advocate on behalf of climate fanaticism. | |
Diversity, Equity, and Inclusion Agenda. USAID installed advisers on | |
Diversity, Equity, and Inclusion (DEI) committees “in all its Bureaus, Offices, and | |
[overseas] Missions” and created “an agency-wide dashboard and DEI scorecard | |
for all bureaus, offices, and missions” to track staff compliance with the Administration’s DEI directives. A Chief DEI Officer oversees this DEI infrastructure and | |
sits in the Administrator’s office. DEI directives are now part of all agency policies | |
and are incorporated as standard clauses in all contract and grant awards. Those | |
seeking to do business with the agency must “describe the approaches they will | |
use to diversify their partner base.”8 USAID often ties DEI to “gender and climate | |
equity,” corrupting every aspect of the agency’s overseas work. | |
The upshot has been to racialize the agency and create a hostile work environment for anyone who disagrees with the Biden Administration’s identity politics. | |
This pursuit of ideological purity threatens merit-based professional advancement | |
for staff who do not overtly conform, hyperpoliticizes what should be a nonpartisan | |
federal workplace environment, creates an institutionalized cadre of progressive | |
political commissars, corrupts the award process, and discourages potential contractors and grantees that disagree with this radical agenda from applying for | |
USAID funding. | |
The next conservative Administration should dismantle USAID’s DEI apparatus | |
by eliminating the Chief Diversity Officer position along with the DEI advisers and | |
committees; cancel the DEI scorecard and dashboard; remove DEI requirements | |
from contract and grant tenders and awards; issue a directive to cease promotion | |
of the DEI agenda, including the bullying LGBTQ+ agenda; and provide staff a | |
confidential medium through which to adjudicate cases of political retaliation | |
that agency or implementing staff suffered during the Biden Administration. It | |
should eliminate funding for partners that promote discriminatory DEI practices | |
and consider debarment in egregious cases. | |
As federal departments and agencies cannot play partisan politics, staff—irrespective of hiring mechanism—as well as implementers and grantees that engage | |
in ideological agitation on behalf of the DEI agenda should be dismissed, and entities should be debarred. The next conservative Administration should return the | |
authority over all civil rights issues at USAID to the agency’s Office of Civil Rights, | |
which is the appropriate locus for ensuring that all Americans have guaranteed | |
equality of career opportunity at USAID. | |
Refocusing Gender Equality on Women, Children, and Families. Instead | |
of protecting women’s and children’s unalienable human rights and propelling | |
their ability to thrive in society, past Democrat Administrations have nearly erased | |
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what females are and what femininity is through “gender” policies and practices. | |
For instance, these Administrations have diluted USAID’s focus on assisting vulnerable women, children, and families around the globe by adding protections for | |
and ideological advocacy on behalf of progressive special-interest groups. USAID | |
now aggressively promotes abortion on demand under the guise of “sexual and | |
reproductive health and reproductive rights,” “gender equality,” and “women’s | |
empowerment” and advocates for those who claim minority status or vulnerability. | |
Families are the basic unit of and foundation for a thriving society. Without | |
women, there are no children, and society cannot continue. As evidenced by the | |
confirmation testimony of now-Associate Justice Ketanji Brown Jackson, the | |
progressive Left has so misused and altered the definition of what a “woman” is | |
that one of our U.S. Supreme Court Justices was unable to delineate clearly the | |
fundamental biological and sexual traits that define the group of which she is a | |
part. USAID cannot advocate for and protect women when they have been erased | |
globally along with the values and traditional structures that have supported them. | |
The next conservative Administration should rename the USAID Office of | |
Gender Equality and Women’s Empowerment (GEWE) as the USAID Office of | |
Women, Children, and Families; refocus and realign resources that currently | |
support programs in GEWE to the Office of Women, Children, and Families; redesignate the Senior Gender Coordinator as an unapologetically pro-life politically | |
appointed Senior Coordinator of the Office of Women, Children, and Families; and | |
eliminate the “more than 180 gender advisors and points of contact…embedded in | |
Missions and Operating Units throughout the Agency.”9 | |
In addition, the next conservative Administration should rescind President | |
Biden’s 2022 Gender Policy and refocus it on Women, Children, and Families | |
and revise the agency’s regulation on “Integrating Gender Equality and Female | |
Empowerment in USAID’s Program Cycle.”10 It should remove all references, examples, definitions, photos, and language on USAID websites, in agency publications | |
and policies, and in all agency contracts and grants that include the following | |
terms: “gender,” “gender equality,” “gender equity,” “gender diverse individuals,” “gender aware,” “gender sensitive,” etc. It should also remove references to | |
“abortion,” “reproductive health,” and “sexual and reproductive rights” and controversial sexual education materials. | |
In the past, the word “gender” was a polite alternative to the word “sex” or term | |
“biological sex.” The Left has commandeered the term “gender,” which used to | |
mean either “male” or “female,” to include a spectrum of others who are seeking to | |
alter biological and societal sexual norms. The promotion of gender radicalism is | |
anathema to the traditional norms of many societies where USAID works, causes | |
resentment by tying lifesaving assistance to rejecting the aid recipient’s own firmly | |
held fundamental values regarding sexuality, and produces unnecessary consternation and confusion among and even outright bias against men. | |
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The next Administration should ensure that USAID’s goal in service of its | |
mission is to help protect and propel all members of society—women, children, | |
and men—from conception to natural death. To do so, USAID’s Office of Women, | |
Children, and Families should strive to ensure that communities have their basic | |
human needs, without which they will be unable to thrive, met first and foremost. | |
Basic human needs include equal and safe access to potable water, sanitation, food, | |
education, health care, houses of worship, justice, pregnancy and family resource | |
centers, working capital, electricity, technology, and business opportunities. The | |
Office of Women, Children, and Families should implement the Geneva Consensus Declaration on Women’s Health and Protection of the Family and prioritize | |
partnerships with local organizations, including faith-based organizations (FBOs). | |
Protecting Life in Foreign Assistance. Protecting life should be among the | |
core objectives of United States foreign assistance. Shortly after taking office, however, President Biden issued a memorandum that reversed a myriad of pro-life | |
policies and revoked the Protecting Life in Global Health Assistance (PLGHA) | |
policy, widely known as the Mexico City Policy. Biden also restored funding to | |
the United Nations Population Fund (UNFPA), which supports and implements | |
China’s coercive abortion and sterilization regimen. | |
PLGHA requires foreign NGOs, as a condition of receiving assistance, to agree | |
not to perform or actively promote abortions as a method of family planning in | |
foreign countries. Previous pro-life Presidents beginning with Ronald Reagan | |
applied these conditions to family planning assistance, but President Trump for | |
the first time expanded the Mexico City Policy to protect “global health assistance | |
furnished by all departments or agencies” (estimated to be $8.8 billion annually). | |
The Biden Administration restored abortion subsidies to pro-abortion NGOs | |
including Planned Parenthood International and MSI Reproductive Choices. In | |
reversing PLGHA, Biden declared a radical assault on the policy of protecting life, | |
choosing instead to promote abortion on demand around the world under the | |
guise of “sexual and reproductive health and rights.” USAID’s priority of funding | |
the global abortion industry negates programs that promote life, women’s health, | |
and the family. | |
Even under PLGHA, several loopholes allowed support for the global abortion | |
industry to continue. International NGOs that perform and promote abortions | |
overseas like Population Services International, Pathfinder, PATH, the Population | |
Council, EngenderHealth, and WomanCare Global International continued to | |
receive funding from USAID under PLGHA and now, under Biden, receive tens | |
of millions more in U.S. taxpayer dollars in foreign assistance annually without | |
any oversight. When the United Nations Secretariat promoted abortion and abortion-inducing drugs under the umbrella of “sexual and reproductive health” as | |
an element of its COVID-19 Global Humanitarian Response Plan in May 2020, | |
the exemptions in PLGHA for humanitarian aid and multilateral organizations | |
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illuminated another loophole in the policy’s effectiveness in safeguarding U.S. taxpayer dollars from being used to promote abortion. | |
Pro-abortion groups also have received funds under other categories of foreign | |
aid that fall outside the scope of global health assistance, including women-related | |
and economic assistance programs. Members of Congress have advocated closing | |
these loopholes by extending PLGHA to all foreign assistance through the Protecting Life in Foreign Assistance Act, sponsored by Senator Mike Lee (R–UT) and | |
Representative Virginia Foxx (R–NC).11 Current law in the Foreign Assistance Act | |
gives the President broad authority to set “such terms and conditions as he may | |
determine” on foreign assistance, which legally empowers the next conservative | |
President to expand this pro-life policy. | |
To stop U.S. foreign aid from supporting the global abortion industry, the next | |
conservative Administration should issue an executive order that, at a minimum, | |
reinstates PLGHA and summarily blocks funding to UNFPA but also closes loopholes by applying the policy to all foreign assistance, including humanitarian aid, | |
and improving its enforcement. The executive order to reinstate PLGHA should | |
be drafted broadly to apply to all foreign assistance. It should simultaneously | |
rescind President Biden’s memorandum entitled “Protecting Women’s Health at | |
Home and Abroad,” issued on January 28, 2021.12 The new pro-life executive order | |
should apply to foreign NGOs, including subgrantees and subcontractors, and | |
remove exemptions for U.S.-based NGOs, public international organizations, and | |
bilateral government-to-government agreements. All entities funded by USAID, | |
both directly and indirectly, should report their compliance with the PLGHA, and | |
USAID should institute penalties, including debarment from future federal funding, | |
for violations of it. The new executive order also should instruct the Administrator | |
of USAID to publish reports on implementation of the PLGHA by both prime and | |
sub-prime recipients. | |
In addition, the Helms Amendment should continue to be applied, as it has been | |
by both Republican and Democratic Administrations for more than 50 years, as a | |
complete ban on the use of taxpayer dollars to pay for abortions abroad. | |
International Religious Freedom. Conservatives believe international | |
religious freedom is central to USAID’s development efforts. President Trump’s | |
Executive Order 13926 on “Advancing International Religious Freedom”13 | |
instructed the Secretary of State, in consultation with the USAID Administrator, | |
to budget at least $50 million a year for programs that advance international religious freedom and “ensure that faith-based and religious entities, including eligible | |
entities in foreign countries, are not discriminated against on the basis of religious | |
identity or religious belief when competing for Federal funding.” | |
Under the Trump Administration, the agency set up a senior-level Chief Adviser | |
for International Religious Freedom who reported directly to the Administrator with the task of coordinating a “whole-of-USAID” approach to achieving this | |
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priority. It created a robust genocide-response capability. USAID affirmed the | |
agency’s partnerships with faith-based organizations through its rule on “Participation by Religious Organizations in USAID Programs;”14 “Partnership Guidance | |
and Answers to Frequently Asked Questions (FAQs) for Faith Based Organizations;” | |
and “Legal Guidance and Answers to FAQs for USAID Staff.” | |
Today, USAID officials and their progressive partners have resisted efforts to | |
promote religious freedom, especially as it relates to abortion and gender ideology, | |
which are anathema to the traditional societies where USAID funds programs (in | |
addition to many U.S. taxpayers). U.S. Secretary of State Antony Blinken repudiated | |
his predecessor’s focus on religious freedom. | |
The next conservative Administration must champion the core American value | |
of religious freedom, which correlates significantly with poverty reduction, economic growth, and peace. It should train all USAID staff on the connection between | |
religious freedom and development; integrate it into all of the agency’s programs, | |
including the five-year Country Development and Coordination Strategies due | |
for updates in 2025; strengthen the missions’ relationships with local faith-based | |
leaders; and build on local programs that are serving the poor. Congress should | |
appropriate funding to USAID specifically to support persecuted religious minorities in line with Executive Order 13926. | |
Streamlining Procurement and Localizing the Partner Base. USAID is a | |
grantmaking and contracting agency that disburses billions of dollars of federal | |
funding in developing countries through implementing partners, such as U.N. agencies, international NGOs, for-profit companies, and local nongovernmental entities. | |
In rare instances, such as in Jordan and Ukraine, the agency provides direct budget | |
support to finance the operations of host-country governments. USAID far more | |
often counts on expensive and ineffective large contracts and grants to carry out | |
its programs. It justifies these practices based on speed and a lower administrative | |
burden on its institutional capacity. | |
Partnering and procurement reform was a pillar of the Trump Administration’s | |
effort to secure better development results, cut costs, and advance the Journey to | |
Self-Reliance strategy of exiting countries from aid. In December 2018, USAID | |
launched its first Acquisition and Assistance Strategy to streamline procurement | |
processes; introduce innovation into its programming; and diversify its partner | |
base away from large, expensive, and partisan implementers. The strategy counted | |
on local NGOs, including faith-based entities already on the ground, to provide | |
the agency with less costly and more effective alternatives to the aid giants. The | |
strategy also prioritized global partnerships with the private sector—corporations, | |
investors, diasporas, and private philanthropies—the source of real capital investment, innovation, and efficiencies that can maximize the impact of taxpayer dollars. | |
Under the Biden Administration, despite rhetoric to the contrary, the aid industrial | |
complex has recaptured the agency and stifled further reforms. | |
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The next conservative Administration should immediately implement language | |
on key policy topics as standard provisions in all grants, cooperative agreements, | |
and contracts. These provisions should include language on implementing the | |
Policy on Protecting Life in Foreign Assistance, imposing conditions on funding | |
to multilateral organizations, and increasing accountability and transparency. | |
To ensure that USAID exercises its existing authorities to streamline procurement processes, the next conservative Administration should name a political | |
appointee as the agency’s Senior Procurement Executive and Director of the agency’s Office of Assistance and Acquisitions (OAA) in the Bureau of Management (M). | |
The head of M/OAA is one of the most important positions at USAID, as the office is | |
ground zero for controlling the disbursement of U.S. foreign aid. The White House | |
should empower the Administrator and his or her designees to make determinations concerning the scale and scope of awards and increase the transparency and | |
accountability of subawards, which can escape public scrutiny and promote progressive policies during conservative Administrations. USAID should use existing | |
authority to use program funds to expand its roster of contracting and agreement | |
officers to accelerate the delivery of funds for disaster responses to a more diverse | |
collection of implementers. | |
Accomplishing the next conservative Administration’s policy goals at USAID | |
will require that political appointees have knowledge of, responsibility for, and | |
visibility into the design and awarding of grants, contracts, and cooperative | |
agreements. The Administration should restore the Senior Official Accountability Review (SOAR) or create a similar process to ensure that proposed programs | |
above a certain dollar threshold in Total Estimated Cost/Total Estimated Amount | |
receive a close review by policymakers in each bureau and office and, for large | |
awards, in the agency’s front office. | |
“Localization” is a buzzword within the aid community but correctly assumes | |
that more funding through local organizations produces better aid outcomes. Shifting from giant U.S.-based implementers has proved difficult to achieve, however, | |
given intense internal bureaucratic resistance; opposition from the aid industrial | |
complex; and foot-dragging from progressives, who view local NGOs—especially | |
faith-based NGOs prominent in Africa and Latin America—as obstacles to promoting abortion, gender radicalism, climate extremism, and other woke ideas. | |
The President’s Emergency Plan for AIDS Relief (PEPFAR) has shown that | |
localization at scale is possible within a short time span. Over the four years of the | |
Trump Administration, the multibillion-dollar program increased the amount | |
of funding disbursed to local entities from about 25 percent to nearly 70 percent | |
with positive overall results. This model should be replicated across all of USAID. | |
In addition, the next conservative Administration should expand use of the New | |
Partnership Initiative (NPI) to every bureau and office; reset the requirements for | |
USAID’s overseas missions to craft and execute NPI action plans; and assign each | |
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Mandate for Leadership: The Conservative Promise | |
mission a minimum percentage of its portfolio that must go to new, underutilized, | |
and local partners. Crucial to the strategy will be increasing the use of open competition that lowers barriers to entry and fixed-amount awards that carry less of | |
a compliance burden along with eliminating cost-plus reimbursement contracts | |
that favor large companies. Before advancing a new program, the agency should | |
be required to assess existing local activities to avoid undercutting or duplicating | |
them. At every opportunity, USAID should build on existing local initiatives. | |
Global Health. The United States is the world’s largest funder of global health | |
initiatives. For more than 60 years, the American people have offered health assistance to the world and saved millions of lives. The USAID Bureau for Global Health | |
(GH), the second largest within USAID, oversees a multibillion-dollar operation | |
to support maternal and child health; voluntary family planning; PEPFAR and | |
the President’s Malaria Initiative (PMI) (both started under President George W. | |
Bush); and other initiatives against other infectious and neglected tropical diseases. | |
Effective use of funds is essential to maximize care for the world’s neediest people. | |
Countries with strong health institutions and sound public health practices | |
responded quickly to and recovered more rapidly from the COVID-19 pandemic. | |
This demonstrates the importance of “localization,” by which USAID helps governments and the private sector in developing countries to strengthen their | |
own ability to address needed training, services, accountability, and organizational capacity. | |
Unfortunately, many USAID-funded global health activities remain rooted in | |
patterns that began decades ago and measure improvements in terms of inputs— | |
money spent—instead of outcomes achieved. From the 1950s to 1970s, the major | |
recognized threats to human health were infectious diseases such as polio and | |
smallpox, and USAID funded programs “in” a country, not “with” a country. Maternal and child health, food, water, and sanitation programs were often intermittent. | |
USAID consistently financed population control, contraception, and abortion as | |
essential to “development.” Most programs focused on one disease or condition | |
but had little integration with other global health activities. Chronic diseases | |
were ignored. | |
Consequently, the next conservative Administration should focus on updating | |
the Global Health Bureau’s portfolio, emphasizing a comprehensive approach to | |
supporting women, children, and families; building host-country institutional | |
capacity; increasing awards to local and faith-based partners (expanding what | |
occurred during the Trump Administration with the NPI); and improving USAID’s | |
ability to coordinate with local partners. | |
Updating Funding Priorities. The Bureau should identify and eliminate outdated and ineffective concepts and focus on funding innovation. A rigorous review | |
is necessary to ensure that current programs and funding streams avoid wasting | |
taxpayer dollars and prioritize what is needed now and what works. | |
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Focusing on Holistic Health Care and Support for Women, Children, and | |
Families. The continued high rate of maternal and infant mortality is a persistent | |
global tragedy. Contrary to current publicity, this problem is not solved by abortion. | |
Families genuinely cherish children. The next leadership at USAID must focus | |
attention on women and children’s health (including unborn children) as well | |
as health risks across life spans, including childhood infections, cervical cancer, | |
adolescent risks, and family stability, by utilizing a coordinated approach. The | |
Bureau should implement a “Request for Application for Resilient Families” that | |
harvests collaborative funds from siloed programs and makes individuals and the | |
family, not diseases or conditions, the true focus of intervention. | |
Increasing USAID Collaboration with Faith-Based Organizations. FBOs | |
historically have been much more successful in outreach to remote and vulnerable | |
populations, based on trust built through decades of service. The value of collaborating with FBOs was demonstrated in the October 2020 Evidence Summit on | |
Religious Engagement. In sub-Saharan Africa, FBOs often provide more than 80 | |
percent of health care, especially to the extremely poor. In contrast, the Global | |
Health Bureau historically has provided 85 percent of its funding to large U.S. NGOs | |
with significant overhead costs, as a result of which only 20 percent–30 percent of | |
funding reaches people in need.15 | |
Leveraging the Strength and Experience of Presidential Initiatives. Millions of people are alive today because of the American people’s investment in | |
PEPFAR and PMI. The training, laboratory, clinical intervention, health education, data collection, and organizational platforms of these programs became the | |
bedrock for responding to the COVID pandemic. It is time for these programs to | |
become part of an integrated, strong, and sustainable network of health care and | |
public health in developing countries. A smooth transition to national ownership | |
and funding, however, will require better coordination of USAID’s own stovepiped | |
programs with PEPFAR and PMI. | |
Strengthening the Collection and Use of Data. Good decisions are based on | |
accurate data. For decades, global health programs have relied mostly on statistical modeling (rather than actual data) or survey data (the weakest type of data). | |
Poor data quality undermines both the evaluation and improvement of desired | |
outcomes achieved by our global health programs. The Trump Administration | |
implemented critical updates of PEPFAR’s systems for the collection and reporting | |
of data to increase transparency and hold funded partners and overseas missions | |
accountable. The next conservative Administration should apply these reforms | |
to all of USAID’s global health programs. | |
Strengthening Private-Sector Engagement. The Bureau’s Center for Innovation and Impact (CII) should be empowered to expand networks of private | |
and faith-based health organizations that can develop projects using development-impact bonds, capital funds, and innovative technologies, including with the | |
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Mandate for Leadership: The Conservative Promise | |
Millennium Challenge Corporation and the new U.S. International Development | |
Finance Corporation. More flexible and agile CII funding will spur innovation | |
within the Bureau and help to enhance countries’ self-reliance in the provision | |
of health care. | |
Improving Bureau Hiring, Staffing, and Recruitment Practices. The | |
Global Health Bureau should address its own management challenges by modifying | |
the high ratio of contractors to direct hires, holding career leadership accountable | |
for effective management, and building more flexibility in emergency responses. | |
Bureau personnel suffer from “mission drift,” burnout, and a lack of vision. New | |
directives, social agendas, and extra layers of review have obscured core activities | |
and caused talent to leave the agency. Conservative leadership must return the | |
focus to development and improved workforce morale and focus on global outcomes and the efficient use of taxpayer dollars. | |
Holding the U.N., the World Health Organization (WHO), and Other Multilateral Organizations Accountable. Leadership should designate a political | |
appointee to help coordinate cross-agency efforts to hold the U.S. government’s | |
multilateral partners (U.N. and WHO agencies and other international organizations) to a higher level of financial and programmatic accountability, including | |
assurances that language promoting abortion will be removed from U.N. documents, policy statements, and technical literature. The United States must have | |
more prominent representation in international technical committees and regulation-setting organizations to ensure the proper execution of American resources, | |
the preservation of our values, the protection of innovation, and the vitality of our | |
biomedical sector. | |
Global Humanitarian Assistance. The U.S. government is the world’s largest | |
humanitarian actor, annually disbursing billions of dollars in lifesaving assistance— | |
food, water, shelter, emergency health care, and related protection support—to | |
tens of millions of vulnerable people. Funded by the U.S. Congress through the | |
International Disaster Assistance (IDA) account, USAID pays for nearly half of the | |
budget of the Nobel Prize–winning U.N. World Food Programme (WFP) as well | |
as dozens of simultaneous operations that range from responses to hurricanes in | |
Central America to tackling outbreaks of Ebola in Central Africa and caring for | |
millions of people displaced by ongoing conflicts. | |
USAID’s emergency responses once were focused primarily on natural cataclysms such as hurricanes, floods, and earthquakes. Today, the agency spends more | |
than 80 percent of its humanitarian budget on chronic man-made crises. Most of | |
these “emergency responses” began years ago and absorb billions of dollars annually with no end in sight. Every year sees financial demands grow in response to | |
new conflicts, most recently Ukraine. The budget of the Bureau for Humanitarian | |
Assistance (BHA) has doubled compared to just a few years ago, and BHA can no | |
longer manage its funds responsibly. A politically powerful foreign aid industry that | |
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benefits financially from extending and expanding these large-scale programs for | |
years, even decades, ensures little scrutiny of these ever-increasing appropriations. | |
The massive growth in “emergency” aid distorts humanitarian responses, worsens corruption in the countries we support, and exacerbates the misery of those | |
we intend to help. The permanence of this assistance, particularly in countries | |
where we have little to no in-country presence and must rely on U.N. agencies to | |
self-monitor, has morphed into a co-governance scheme in which the U.S. government effectively finances the social services obligations of corrupt regimes that | |
threaten the United States. These governments can then redirect scarce budget | |
resources away from costly health and education toward financing their wars, supporting terrorism, repressing their citizens, and enriching themselves. Examples | |
of this abuse are spread throughout the world. | |
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Yemen, once the breadbasket of the Arabian Peninsula, is now dependent | |
on billions of dollars of aid as formerly productive Yemeni farmers cannot | |
compete against “free food” while irrigation systems remain in disrepair, | |
leaving the country to suffer from water shortages during long summer | |
droughts and flooding during its rainy season. Iran-backed Houthi rebels | |
divert substantial amounts of aid to support their war efforts. | |
In Afghanistan, the aid infrastructure built over 20 years of American | |
military presence that three Presidents wanted to end collapsed with the | |
failure of U.S.-trained Afghan forces to repel the Taliban’s 2021 advances. | |
Yet the country has received nearly $1 billion more in U.S. humanitarian aid | |
since the Taliban’s takeover and absent a U.S. embassy to ensure that it is not | |
diverted to the Taliban and other terrorist groups. | |
In Burma, U.S. aid finances all of the food and medical care for hundreds of | |
thousands of persecuted Rohingya that the military regime forces to live in | |
open-air concentration camps. | |
In northern Iraq, hundreds of thousands of Yazidis—targeted for genocidal | |
extermination by ISIS—remain in miserable camps unable to return home | |
because of the Iraqi government’s refusal to clear out Iran-backed militias | |
occupying their homeland. | |
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Over the past decade, the U.S. government has expended $14 billion in aid to | |
Syria where the bloody regime of Bashar al-Assad—a close ally of Iran and | |
Russia—skims nearly half of foreign aid through inflated official exchange | |
rates, the diversion of food baskets to its military units, and procurement | |
arrangements with compromised local contractors. | |
Mandate for Leadership: The Conservative Promise | |
In effect, humanitarian aid is sustaining war economies, creating financial | |
incentives for warring parties to continue fighting, discouraging governments | |
from reforming, and propping up malign regimes. | |
Nefarious actors reap billions of dollars in profits from diversions of our humanitarian assistance, but so do international organizations. The WFP charges 36 | |
percent in overhead while Oxfam International’s overhead has reached 70 percent | |
in Yemen, reflecting the high costs of foreign staff, security, and logistics. With powerful lobbies in Washington, D.C., and in leadership positions throughout USAID | |
and the Department of State, the aid industry adroitly exploits Congress’s disposition to increase funding year on year to assist those in dire need but provides no | |
evidence to justify the mounting budget requests. | |
In 2020, USAID’s leadership fused formerly bifurcated food and nonfood | |
emergency relief operations into a single Bureau for Humanitarian Assistance | |
to improve the management of the agency’s largest portfolio, but this reform was | |
not sufficient to address the problem. The next Administration should resize and | |
repurpose USAID’s humanitarian aid portfolio to restore its original purpose of | |
providing emergency short-term relief, prepare vulnerable communities for transition, and do no harm in the following ways: | |
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Work with Congress to make deep cuts in the IDA budget by ending | |
programs that do more harm than good in places controlled by malign | |
actors, such as in Yemen, Syria, and Afghanistan, where our aid is consumed | |
by fraud, diversion, and partner overhead costs. | |
Require USAID and the State Department to devise country-based exit | |
strategies that term-limit the duration of humanitarian responses and | |
transition funding from emergency to development projects. This will | |
require robust diplomacy to press host governments to integrate displaced | |
persons in lieu of keeping them in expensive and dehumanizing camps | |
financed by the international community. | |
Transition from large awards to expensive, inefficient, and corrupt U.N. | |
agencies, global NGOs, and contractors to local, especially faith-based, | |
entities that are already operating on the ground. This approach provides | |
a far less expensive and more effective alternative for aid delivery. Local | |
partners more ably navigate corrupt environments and are more likely | |
to steer vulnerable populations away from dependence on aid toward | |
self-sufficiency. | |
Require that BHA avail itself of existing IDA authorities that it fails to use, | |
including to dispense with the cost-reimbursement model that disqualifies | |
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undercapitalized local NGOs; accept other donor vetting of local partners; | |
streamline the award-approval process; and expand the use of fixed-amount | |
awards to rein in cost overruns. | |
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Direct USAID’s Bureau for Management to hire more procurement officers | |
for BHA to strengthen the Bureau’s award management capacity and reduce | |
the incentives to issue large awards to aid industry giants. | |
Allow BHA to manage the process of hiring Personal Services Contractors. | |
Require BHA’s partners to adopt stricter vetting procedures to prevent aid | |
from being diverted to terrorists. | |
Increase efforts to obtain greater contributions, not just pledges, for | |
humanitarian operations from other donors and make this a condition for | |
receiving additional U.S. aid. | |
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Leveraging Foreign Aid to Unleash the Power of America’s Private Sector. | |
During the 1960s, when USAID was launched, 80 percent of financial flows from | |
the United States to the developing world was in the form of U.S. government | |
assistance. Today, that figure is under 10 percent, overtaken by private investment, | |
remittances, and private charities, all demonstrating the power of America’s private sector to promote wealth-generating economic development in poor countries. | |
Leaders in the developing world routinely press U.S. officials about their preference | |
for “trade and investment, not aid.” | |
Instead, the Biden Administration is leveraging private-sector financing to | |
promote its climate and other progressive agendas worldwide. The next conservative Administration must return USAID to a foreign aid model that leverages | |
its resources to promote private-sector solutions to the world’s true development | |
problems and end the need for future foreign aid. Private capital investment in | |
these markets is the greatest enabler of job creation and sustainable economic | |
growth throughout the developing world. | |
A key tool of American soft-power leadership is the U.S. Development Finance | |
Corporation (DFC). Launched in December 2019, DFC sought to unleash the power | |
of America’s private sector to advance our interests by providing emerging markets | |
with blended financing opportunities to help end wretched poverty, create new | |
markets for U.S.-made products, strengthen bilateral partnerships in strategic | |
parts of the world, and offset China’s predatory loans and investments. The Trump | |
Administration launched a USAID–DFC Working Group to maximize development | |
outcomes and review individual investment projects through a counter-China lens | |
and ensure a cohesive interagency development response. | |
| |
Mandate for Leadership: The Conservative Promise | |
As development agencies, USAID and DFC must do a better job of aligning | |
their respective activities and closely integrate both structurally and operationally. The easiest way to foster this alignment is to “dual hat” the role of DFC’s | |
chief development officer so that he or she serves simultaneously in both institutions. Like all U.S. federal bodies, DFC should be restored to its original intent of | |
deploying its commercial risk-reducing financial services instead of its current | |
misuse as another global vehicle to promote economy-killing climate programs, | |
meet irrelevant diversity objectives, and overfocus on low-impact or misguided | |
gender-based activities. | |
Branding. A deeply embedded culture within the foreign aid bureaucracy | |
views public recognition of U.S. assistance as secondary to a larger philanthropic | |
mission and is embarrassed by the American flag. Citing vaguely defined security concerns, USAID’s implementers—U.N. agencies, international NGOs, and | |
contractors—often fail to credit the American people for the billions of dollars in | |
assistance they provide the rest of the world even as they engage in self-promoting | |
public relations to raise other donor funds. This approach has negative foreign | |
policy implications as China relentlessly promotes its own self-serving efforts to | |
gain influence and resources. Worst of all, malign actors sometimes appropriate | |
credit for unbranded U.S. assistance: Houthi terrorists, for example, claim to provide for the people under their occupation with anonymous U.S. humanitarian aid. | |
The United States is in a struggle for influence with China, Russia, and other | |
competitors, and American generosity must not go unacknowledged. The next | |
conservative Administration should build on the Trump Administration’s branding policy, which revamped ADS Chapter 320, to force the aid bureaucracy to fully | |
credit the American people for the aid they are providing. The Senior Advisor for | |
Brand Management in the Bureau for Legislative and Public Affairs (LPA) (discussed infra) should be a political appointee who is responsible for maximizing the | |
visibility of U.S. assistance by enforcing branding policy on every grant, cooperative agreement, and contract. The LPA should liaise with counterparts at the U.S. | |
Agency for Global Media (USAGM) to ensure local media pickup of these activities. | |
OTHER OFFICES AND BUREAUS | |
Office of Administrator. The next conservative Administration should leave | |
in place the current structure of two presidentially appointed, Senate-confirmed | |
Deputy Administrators, one for Policy and one for Management. The Deputy | |
Administrators and the Chief of Staff must be individuals with extensive previous | |
service in the executive branch, ideally at foreign-affairs agencies, and be fluent in | |
the language and practice of federal procurement. | |
Bureau for Foreign Assistance. As noted above, the next conservative | |
Administration should name the USAID Administrator as Director of Foreign | |
Assistance (F) at the Department of State with the rank of Deputy Secretary. It | |
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Agency for International Development | |
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should reorient the bulk of F staff from focusing on the formulation of the annual | |
President’s budget proposal to the execution of already appropriated resources. | |
This should include eliminating the duplicative Mission and Bureau Resource | |
Requests; speeding up the availability of appropriations by delivering to Congress | |
within 60 days the report required by Section 653(a) of the Foreign Assistance Act | |
(FAA); and fast-tracking the approval of Congressional Notifications (CNs) and | |
other pre-obligation requirements. | |
Management Bureau. As indicated previously, the next conservative Administration should name a political appointee as USAID’s Senior Procurement | |
Executive and Director of the agency’s Office of Acquisition and Assistance (M/ | |
OAA). Political appointees with the appropriate credentials (including warrants) | |
should be placed within M/OAA, and the agency should exercise its authority to | |
engage qualified experts from other federal departments and agencies and outside | |
of government (if they are free of conflicts of interest) on the Technical Committees that review applications for USAID’s contract and grant competitions. The | |
Administration should change the designation of USAID’s Competition Advocate | |
to an individual favorable to innovative types of contracts that can reduce the aid | |
oligopoly’s grip on the agency. | |
Office of Human Capital and Talent Management. As soon as possible after | |
Inauguration Day, the next conservative Administration should name a political | |
appointee as USAID’s Chief Human Capital Officer (CHCO) and Director of the | |
Office of Human Capital and Talent Management. USAID’s White House Liaison | |
must be an individual with substantial experience with federal personnel systems. The White House Office of Presidential Personnel should allow the USAID | |
Administrator to explore with counterparts at the Office of Personnel Management | |
whether the agency could hire personnel under both the Administratively Determined authority and Schedule C of the Excepted Service of the Federal Civil Service. | |
USAID should be one of the agencies to pilot-test a reinstated Executive Order | |
13957,16 which created a Schedule F within the Excepted Service, and should aggressively recruit and place candidates into term-limited positions under Schedule A | |
of the Excepted Service (especially veterans). The new CHCO should examine how | |
the existing members of the Senior Executive Service (SES) at USAID should be | |
reworked throughout the agency and should institute an SES Mobility Program to | |
encourage the regular rotation of senior career leaders, including through details | |
to other departments and agencies. | |
Bureau for Policy, Planning, and Learning. The next conservative Administration should shift the policy functions of the Bureau for Policy, Planning, and | |
Learning (PPL) to the Office of Budget and Resource Management (BRM), located | |
in the Office of the Administrator. It should rename BRM the Office of Budget, | |
Policy, and Resource Management (BPRM) and staff the policy team with political | |
appointees. The Administration should also move the responsibility for reviewing | |
| |
Mandate for Leadership: The Conservative Promise | |
and processing proposed changes in USAID’s policy bible, the Automated Directives System (ADS), from the Management Bureau to the new BPRM. | |
Even before these changes, the Assistant Administrator for PPL should decree | |
an immediate freeze on changes in the ADS and agencywide policy documents to | |
allow for the priority publication of amendments to reflect the new Administration’s viewpoint. All major agency policies should be reviewed and amended or | |
withdrawn within the new Administration’s first calendar year in office. | |
Bureau for Legislative and Public Affairs. The next conservative Administration should invest no more than 10 percent of USAID’s allocation of | |
Administratively Determined politically appointed positions in the Bureau for | |
Legislative and Public Affairs. A priority for these positions (combined with hires | |
under Schedule A) should be the review and editing of the agency’s public-facing | |
web pages and social media accounts to eliminate material that does not conform to | |
the new Administration’s policies. The agency should accelerate the review of Congressional Notifications within LPA and publish all CNs and congressional reports. | |
To ensure consistency and clarity of public messaging, LPA should gain direct | |
authority over the communications staff scattered through USAID’s various | |
Bureaus and Offices. LPA should expand its public-facing efforts to include conservative allies that are active in global development and humanitarian aid work, | |
including industry groups, nonprofits, trade associations, foundations, and advocacy organizations, and correspondingly reduce the aid industrial complex’s grip | |
on USAID’s corporate relationships. | |
Office of General Counsel. Along with the Director of M/OAA, the General | |
Counsel is one of the two or three most important positions at USAID and should | |
be a priority for immediate appointments. Because proper legal interpretation | |
of executive orders and internal USAID policy is crucial, the next conservative | |
Administration should recruit and appoint a commanding team of Schedule C | |
attorneys in the Office of the General Counsel (OGC). Within weeks of Inauguration Day, OGC should issue clear guidance on the eligibility of faith-based | |
organizations for USAID funding. | |
Office of Budget Resources and Management. The Director of Budget | |
Resources and Management should be a political appointee empowered as part of | |
the Administrator’s senior management team. BRM’s highest priorities should be | |
to prepare the report required by Section 653(a) according to the Administrator’s | |
guidance, institute a fast-track process for the submission of Congressional Notifications, and identify already appropriated resources to reprogram immediately to fund | |
the new Administration’s priorities. The next conservative Administration should | |
consider prioritizing the placing of young political appointees in BRM over LPA. | |
Bureau for Democracy, Development, and Innovation. A key outcome of | |
the transformation of USAID undertaken during the Trump Administration, the | |
Bureau for Democracy, Development, and Innovation (DDI) is the home for most | |
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Agency for International Development | |
of the agency’s non-health, nonhumanitarian funding as well as almost all of its | |
sectoral appropriations directives, including those that reflect the pet projects of | |
individual Members of Congress. The Bureau is the policy and financial nexus at | |
USAID for most of the Biden Administration’s radical priorities in foreign assistance, including gender, climate change, and the promotion of identity-based | |
politics. On the positive side, DDI is also the Bureau in charge of areas that will | |
be crucial to a reorientation of USAID, including trade, economic growth, innovation, partnerships with the private sector, and the agency’s relationship with | |
communities of faith. | |
The next conservative Administration should make the rapid staffing of key DDI | |
positions a high priority. Besides the Senate-confirmed Assistant Administrator, | |
the Directors of each of the Centers and Hubs in the Bureau will need political | |
leadership. Almost every one of the agencywide policies that cover DDI’s areas of | |
responsibility will need to be edited or rewritten entirely as soon as possible. The | |
next conservative Administration should harvest DDI’s central appropriations to | |
fund new priorities, especially working with ethnic and religious minorities and | |
faith-based organizations and joint ventures with the private sector in education | |
and energy. All DDI programs should issue funding opportunities restricted to | |
new and underutilized partners modeled on the NPI. | |
| |
REGIONS | |
Asia. Asia is the most populous continent and ground zero in the battle against | |
Communist China’s efforts to exploit the development needs of poor countries for | |
geopolitical gain. America’s Indo-Pacific Strategy should guide USAID’s approaches | |
to disbursing foreign aid in the region. | |
USAID should intensify its bilateral relationships with pro–free market Japan, | |
Australia, South Korea, and India so that they can jointly advance private-sector | |
solutions to secure financing for power generation, infrastructure, digital connectivity, investment and trade expansion, and other economic activities. USAID | |
enjoys a strong in-country presence in India, buttressed by recent coordination | |
on the global response to COVID-19 as India is a global leader in vaccine production. Those ties should be expanded. So too should development cooperation with | |
Taiwan, which boasts effective pandemic response capacity that should be shared | |
with developing countries. | |
China’s island-hopping efforts to capture vulnerable Pacific states is a direct | |
strategic threat to U.S. maritime supremacy and homeland security, and USAID | |
and its allied donors should neutralize these efforts through the deployment of | |
targeted assistance such as helping countries combat the effects of China’s illegal fishing. While China outpaces the ability of the democratic alliance to deploy | |
state-backed financing to developing countries, it is unable to compete with our | |
collective private-sector capacity to deploy trillions of dollars of capital. | |
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Mandate for Leadership: The Conservative Promise | |
Pakistan is a prime example of foreign aid policies disconnected from U.S. | |
national interests. The country has been the recipient of more than $12 billion in | |
U.S. foreign aid since 2010, yet it remains intensely anti-American and corrupt, has | |
backed the Taliban continuously since 2001, jump-started North Korea’s nuclear | |
bomb program, brutalizes its religious minorities, and is a willing client of China | |
while taking on unrepayable loans from the U.S. taxpayer-funded International | |
Monetary Fund and World Bank. | |
Middle East. The Middle East is far more vulnerable today than it was in 2020 | |
because the Biden Administration’s strategy for the region is adrift. Tunisia has | |
slid into autocracy, Iraq is plummeting further into Iran’s orbit, and U.S. soldiers | |
continue to risk their lives for unclear ends amid the ruins of Syria. Meanwhile, | |
billions of dollars in U.S. foreign aid props up regimes allied with Iran. | |
President Trump’s Abraham Accords signaled the end of the centrality of the | |
Arab–Israeli conflict, which paralyzed U.S. approaches to the region, and focused | |
instead on Iran as the principal threat to America from this region. During the | |
Trump Administration, USAID’s allocations reflected the new opportunities | |
created by the Accords and sought to strengthen regional alliances against Iran | |
through expanded regional trade and investment and to promote genuine political stability tethered to strong American leadership. USAID formally partnered | |
with the United Arab Emirates, Israel, Morocco, Qatar, and Kuwait to catalyze | |
regional partnerships in Africa. Under the Biden Administration, however, USAID | |
has returned to a model that deepens the region’s dependence on aid. | |
A new conservative President should reset USAID’s programming in the Middle | |
East in line with our national security interests and committed to the goal of ending | |
the need for foreign aid through development that is led by the private sector. | |
Specifically: | |
l | |
l | |
Foreign aid must advance the Abraham Accords. Increased trade and | |
investment between Israel and its Arab neighbors represent the most | |
effective path toward reducing poverty, fostering the emergence of a middle | |
class, and solidifying peace. USAID should therefore focus its development | |
assistance on countries such as Morocco and Sudan through joint | |
investment collaboration with the more economically advanced economies | |
such as the UAE and Israel. | |
USAID should consider cutting aid to states allied to Iran, limiting | |
assistance in these countries to the advancement of narrow strategic | |
priorities and support for basic American values, such as aid to persecuted | |
religious minorities. USAID continues to expend hundreds of millions of | |
dollars in nonhumanitarian aid to antagonistic regimes in Iraq, Lebanon, | |
and the Palestinian territories. After billions of dollars of aid and many | |
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Agency for International Development | |
years of effort, these countries remain hopelessly dysfunctional—a fact | |
that exposes the failure of a foreign aid model that is disconnected to our | |
national security and without exit strategies to promote self-reliance. We | |
must admit that USAID’s investments in the education sector, for example, | |
serve no other purpose than to subsidize corrupt, incompetent, and | |
hostile regimes. | |
l | |
USAID should undergo operational changes to secure better development | |
outcomes by reducing its missions’ footprints in the Middle East given that | |
most personnel in the region are unable to leave their highly protected and | |
expensive compounds and carry out their oversight functions. It should | |
redirect program funding away from expensive and poorly performing | |
international partners to more cost-effective local entities that require a | |
minimal USAID field presence. | |
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| |
Africa. Since its inception, USAID has had a strong presence in Africa, saving | |
millions of lives through its pandemic and infectious disease responses, especially | |
for malaria and HIV-AIDS. It has led global efforts to provide lifesaving emergency | |
assistance to those who are fleeing conflict and suffering from devastating natural | |
disasters. American generosity knows no equal. | |
Yet the agency’s efforts to reduce poverty and hunger have failed as it spends | |
ever-higher amounts of aid partnering with a costly and ineffective aid industrial complex that has little interest in “working itself out of a job.” Long-term, | |
multibillion-dollar humanitarian responses lack exit strategies, while numerous development projects lead neither to measurable results nor to government | |
reforms. Despite the tens of billions of dollars spent, the continent remains poor, | |
unstable, and riven with conflict, corruption, and Islamic terrorism. This situation | |
has also resulted in vast illegal migration from the continent. | |
Failure to generate wealth has provided opportunities for China to step in and | |
become the continent’s leader in trade, loans, and investment. As a result, Beijing | |
controls most of the continent’s strategic minerals that are critical to advanced | |
technology. Moreover, USAID is criticized by Africans for exporting cultural values | |
that are anathema to their traditional norms, further abetting Chinese continental supremacy. | |
The Biden Administration’s radical global climate policies have cut off billions | |
in investment to develop clean fossil fuels, denying Africa’s billion-plus people | |
access to cheap energy to further their own development and finance their own | |
social services in health, water, education, and agriculture, while increasing its | |
dependence on China’s renewables industry. It has exacerbated hunger by increasing the costs of fertilizers to levels that many African farmers can no longer afford. | |
Poverty-inducing dependence on aid grows daily. | |
Mandate for Leadership: The Conservative Promise | |
USAID efforts in Africa require a rethink. In 2025, USAID will update its fiveyear Country Development and Cooperation Strategies. This will give the next | |
Administration an opportunity to pursue a new development course for Africa | |
that promotes economic self-reliance, catalyzes private-sector solutions for job | |
creation through increased trade and investment, terminates legacy and nonperforming programs, and supports diversified energy approaches. Critically, it must | |
hold China accountable for its extractive investments that violate international | |
labor, environmental, and anticorruption norms and practices; undercut business | |
opportunities for U.S. companies; and sabotage Africa’s development. | |
l | |
| |
l | |
l | |
USAID, in collaboration with the U.S. International Development Finance | |
Corporation, U.S. Department of State, U.S. Department of the Treasury, | |
and U.S. Department of Commerce’s Foreign Commercial Service, should | |
use its convening power, diplomatic heft, and risk-reducing instruments | |
to facilitate U.S.–African business relationships and expand Prosper Africa, | |
launched by the Trump Administration to “bring[] together services from | |
across the U.S. Government to help companies and investors do business in | |
U.S. and African markets.”17 | |
The Africa Growth and Opportunity Act (AGOA)18 provides Africa dutyfree access to U.S. markets. The next Administration should extend AGOA | |
beyond its 2025 term but within a strategic framework that rewards good | |
governance and pro–free market economic policies. There is no point in | |
wasting massive sums of aid to countries whose governments fail to keep | |
their promises to reform. | |
USAID should build on, not compete with, private-sector initiatives | |
launched by global churches, corporate philanthropists, and diaspora | |
groups that have already invested billions of dollars in self-reliance– | |
based projects. | |
Japan has committed $30 billion in aid to Africa over three years to stem China’s | |
economic and political grip on the continent. Gulf-based sovereign funds also are | |
investing billions in African energy, infrastructure, mining, water, food production, | |
information and communications technology, and other strategic industries. Other | |
allied donors are promoting investment-based aid. There is no lack of funding to | |
support Africa’s economic rise. What is lacking is strategic direction among U.S. | |
government foreign aid agencies. | |
PEPFAR has saved countless lives over the years and constitutes America’s most | |
successful aid program. During the Trump Administration, PEPFAR increased the | |
share of funding to local entities from about 20 percent to nearly 70 percent with | |
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Agency for International Development | |
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| |
commensurate improvements that have had lasting impact. The next Administration should extend that localization model to all global health and humanitarian | |
assistance in view of how local African entities have strengthened their capacity for | |
direct management of U.S. programs. Correspondingly, USAID should aggressively | |
ramp down its partnerships with wasteful, costly, and politicized U.N. agencies, | |
international NGOs, and Beltway contractors. All new programs in Africa should | |
build on existing local initiatives that enjoy the support of the African people. | |
Latin America. U.S. foreign assistance throughout the Western Hemisphere | |
is designed to respond to national security threats that emanate from the region, | |
such as illicit drug and arms trafficking; illegal immigration flows; terrorism; | |
pandemics; and strategic threats from China, Russia, and Iran. Over the past | |
decade, the United States has provided billions of dollars in security, humanitarian, and development assistance in Central America and the Andes, including | |
$1 billion in food and non-food emergency aid to millions of Venezuelan refugees who have fled the Maduro dictatorship. USAID is always first to respond to | |
natural disasters in Central America and the Caribbean and employs a network | |
of dedicated experts in the region to deliver this assistance. During the COVID | |
pandemic, the United States provided millions of doses of vaccines and other | |
emergency health support. | |
Yet years of foreign aid have failed to bring peace, prosperity, and stability to | |
the hemisphere. Poverty, joblessness, and social unrest have led to leftist electoral | |
victories from Mexico to Chile. These regimes are hostile to American interests and | |
private enterprise, breed corruption, implement radical policies that will further | |
impoverish their people and threaten their democracies, and are more open to | |
striking partnerships with Communist China. Left-wing authoritarian kleptocracies in Cuba, Nicaragua, and Venezuela deny their people basic freedoms, violently | |
and ruthlessly suppress any dissent, repress communities of faith, and generate | |
such misery that hundreds of thousands of their citizens have attempted to cross | |
our southern border over the past two years. No recent Administration has made | |
any progress in reducing the chaos and desperation in Haiti. | |
Conversely, Latin America is a major global source of energy and food, which | |
generates substantial income that can finance internal social and economic development. The nations of the hemisphere share a natural and massive geographic | |
trade and investment advantage through their proximity to the United States, | |
supplemented by free-trade agreements. The United States remains the favored | |
destination for higher education and business opportunities for Latin Americans. | |
Successful diasporas in the United States serve as powerful economic, cultural, | |
and political bridges to every country in the region. | |
The Trump Administration focused on promoting trade and investment, | |
especially in infrastructure, through an interagency effort called América Crece | |
(America Grows), by which USAID played a key role in providing technical | |
Mandate for Leadership: The Conservative Promise | |
assistance to create a more enabling environment to attract private investment. | |
The Biden Administration canceled the program. | |
The next conservative Administration should reassess all programs of U.S. foreign aid to Latin America and terminate those that have failed to achieve results | |
after years of effort. Instead, USAID should: | |
l | |
l | |
| |
l | |
Focus its resources on strengthening the fundamentals of free markets, such | |
as clear property rights and a functioning judiciary, and on promoting labor | |
and pension reforms, lower taxes, and deregulation in order to increase | |
trade and investment within the region and with the United States as the | |
genuine path to economic and political stability. | |
Challenge the socialist ideas that have captured too many of the region’s | |
governments and their nations’ youth. | |
Fund partnerships with the private sector and support civil-society groups, | |
including university centers and think tanks that advocate for pro–free | |
market and democratic ideas. | |
Finally, Latin America is the perfect proving ground for reducing USAID’s reliance on large U.S.-based implementers, and the agency should commit to shifting | |
all of its portfolio in the region to local organizations by 2030. | |
PERSONNEL | |
The Trump Administration agenda for USAID was undercut from the outset | |
both by recalcitrant career personnel and by inexperienced political personnel. | |
The next conservative Administration should implement personnel policies from | |
the beginning so that the agency can be effectively managed according to high standards. The rapid deployment of reforms will require key experienced personnel | |
installed quickly at USAID’s headquarters and missions. Delay will only impede | |
progress. In general, areas of focus should be appointing effective lawyers in key | |
positions, reforming career hiring/firing mechanisms, and getting a grip on the | |
grantmaking process. | |
The Administration should staff the Office of the General Counsel with at least | |
four politically appointed attorneys (besides the General Counsel). The General | |
Counsel should have two political deputies, one of whom should cover Human | |
Capital and Talent Management (HCTM) and the other the Office of Acquisition | |
and Assistance (OAA). | |
The Administration should name a political appointee with long experience in | |
federal personnel systems as USAID’s Chief Human Capital Officer and Director | |
of HCTM. This appointee would help to scope and shepherd position descriptions, | |
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Agency for International Development | |
clearances, and other components of the hiring process that are necessary for | |
immediate onboarding while coordinating with the White House to bring in new | |
appointees and make internal career employee changes. On Day One, USAID | |
should halt all agencywide training and replace it with training modules to advance | |
the President’s agenda. | |
The Administration should appoint a Senior Accountable Official (SAO) to | |
report on the agency’s adherence to Administration policy priorities, including on | |
Protecting Life in Foreign Assistance, critical race theory, climate change, gender, | |
and diversity and inclusion. It should also create a program to staff hard-to-fill | |
positions overseas. | |
Finally, the Administration should create a recruiting program for veterans | |
and other groups to participate in career job opportunities at USAID. Former missionaries, veterans, members of diasporas, and faith community stakeholders with | |
overseas experience should be recruited to work at USAID on Schedule A appointments, as Institutional Services Contractors, as Personal Services Contractors, and | |
as Foreign Service Officers. | |
CONCLUSION | |
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 Dr. William Steiger, Bethany Kozma, and Dr. Alma Golden deserve special mention. The author assumes | |
full responsibility for the content of this chapter, and no views expressed therein should be attributed to any | |
other individual. | |
— 279 — | |
| |
The next conservative Administration will have a unique opportunity to realign | |
U.S. foreign assistance with American national interests and the principles of good | |
governance and more accurately reflect the U.S. taxpayer’s unmatched charitable desire to help those in need. It can build on a strong baseline of conservative | |
reforms undertaken by the Trump Administration to counter Communist China’s | |
strategy of world domination. However, this will require that bold steps are taken | |
on Day One to undo the gross misuse of foreign aid by the current Administration | |
to promote a radical ideology that is politically divisive at home and harms our | |
global standing. | |
Mandate for Leadership: The Conservative Promise | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
| |
6. | |
7. | |
8. | |
9. | |
10. | |
11. | |
12. | |
13. | |
14. | |
15. | |
S. 1983, Foreign Assistance Act of 1961, Public Law No. 87-195, 87th Congress, September 4, 1961, https://www. | |
govinfo.gov/content/pkg/STATUTE-75/pdf/STATUTE-75-Pg424-2.pdf (accessed January 19, 2023). | |
U.S. Agency or International Development, “Journey to Self-Reliance Fact Sheet,” June 3, 2020, | |
https://2017-2020.usaid.gov/documents/1870/journey-self-reliance-fact-sheet#:~:text=WHAT%20 | |
IS%20THE%20JOURNEY%20TO%20SELF-RELIANCE%3F%20USAID%20is,greater%20 | |
developmentoutcomesandworktowardatimewhenforeignassistanceisnolongernecessary.%20 | |
It%E2%80%99s%20called%20the%20Journey%20to%20Self-Reliance (accessed March 17, 2023). | |
News release, “U.S. Agency for International Development Administrator Mark Green’s Interview with | |
C-Span’s ‘Newsmakers’ Host Susan Swain and Washington Post’s Carl Morello and Wall Street Journal’s Ben | |
Kesling,” U.S. Agency for International Development, November 26, 2018, https://2017-2020.usaid.gov/newsinformation/press-releases/nov-26-2018-administrator-mark-green-interview-cspan-newsmakers (accessed | |
March 17, 2023). | |
U.S. Agency for International Development, Digital Strategy 2020–2024, https://www.usaid.gov/sites/default/ | |
files/2022-05/USAID_Digital_Strategy.pdf.pdf://www.usaid.gov/digital-development/usaid-digital-strategy | |
(accessed March 17, 2023). | |
“U.S. Strategic Framework for the Indo-Pacific,” declassified in part by Assistant to the President for | |
National Security Affairs Robert C. O’Brien, January 5, 2021, https://trumpwhitehouse.archives.gov/wpcontent/uploads/2021/01/IPS-Final-Declass.pdf (accessed March 18, 2023), and Robert C. O’Brien, Assistant | |
to the President for National Security Affairs, “A Free and Open Indo-Pacific,” January 5, 2021, https:// | |
trumpwhitehouse.archives.gov/wp-content/uploads/2021/01/OBrien-Expanded-Statement.pdf (accessed | |
March 18, 2023). | |
News Release, “Fact Sheet: Prioritizing Climate in Foreign Policy and National Security,” The White House, | |
October 21, 2021, https://www.whitehouse.gov/briefing-room/statements-releases/2021/10/21/fact-sheetprioritizing-climate-in-foreign-policy-and-national-security/ (accessed January 28, 2023). | |
U.S. Agency for International Development, Climate Strategy 2020–2030, April 2022, https://www.usaid.gov/ | |
sites/default/files/2022-11/USAID-Climate-Strategy-2022-2030.pdf (accessed March 18, 2023). | |
Adva Saldinger, “USAID Steps Up ‘Languishing’ Diversity, Equity, and Inclusion Effort,” Devex.com, December | |
15, 2021, http://www.devex.com/news/usaid-steps-up-languishing-diversity-equity-and-inclusioneffort-102316 (accessed January 28, 2021). | |
U.S. Agency for International Development, “Gender Equity and Women Empowerment,” https://www.usaid. | |
gov/gender-equality-and-womens-empowerment (accessed January 30, 2023). | |
U.S. Agency for International Development, “Integrating Gender Equality and Female Empowerment in | |
USAID’s Program Cycle,” ADS Chapter 25, partial revision date January 22, 2021, https://www.usaid.gov/sites/ | |
default/files/2022-12/205.pdf (accessed March 18, 2023). | |
S. 137, Protecting Life in Foreign Assistance Act, 117th Congress, introduced January 28, 2021, https:// | |
www.congress.gov/bill/117th-congress/senate-bill/137#:~:text=Protecting%20Life%20in%20Foreign%20 | |
Assistance%20Act.%20This%20bill,support%20for%20an%20entity%20that%20conducts%20 | |
such%20activities (accessed January 20, 2023), and H.R. 534, Protecting Life in Foreign Assistance | |
Act, 117th Congress, introduced January 28, 2021, https://www.congress.gov/bill/117th-congress/housebill/534?s=1&r=450 (accessed January 20, 2023). | |
President Joseph R. Biden Jr., “Memorandum on Protecting Women’s Health at Home and Abroad,” | |
Memorandum for the Secretary of State, the Secretary of Defense, the Secretary of Health and Human | |
Services, and the Administrator of the United States Agency for International Development, The White House, | |
January 28, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/28/memorandumon-protecting-womens-health-at-home-and-abroad/ (accessed March 18, 2023). | |
President Donald J. Trump, Executive Order 13926, “Advancing International Religious Freedom,” June 2, 2020, | |
in Federal Register, Vol. 85, No. 109 (June 5, 2020), pp. 34951–34953, https://www.govinfo.gov/content/pkg/ | |
FR-2020-06-05/pdf/2020-12430.pdf (accessed January 20, 2023). | |
22 Code of Federal Regulations § 205.1, https://www.ecfr.gov/current/title-22/chapter-II/part-205 (accessed | |
March 18, 2023). | |
Contributor’s notes from internal USAID meetings. | |
— 280 — | |
Agency for International Development | |
16. President Donald J. Trump, Executive Order 13957, “Creating Schedule F in the Excepted Service,” October 21, | |
2020, in Federal Register, Vol. 85, No. 207 (October 26, 2020), pp. 67631–67635, https://www.govinfo.gov/ | |
content/pkg/FR-2020-10-26/pdf/2020-23780.pdf (accessed March 18, 2023). | |
17. Prosper Africa, “Increasing Trade & Investment Between the U.S. and African Countries,” https://www. | |
prosperafrica.gov/ (accessed March 18, 2023). | |
18. H.R. 434, Trade and Development Act of 2000, Public Law 106-200, 106th Congress, May 18, 2000, Title I, | |
Subtitle A, https://agoa.info/images/documents/2385/AGOA_legal_text.pdf (accessed March 18, 2023). | |
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Section Three | |
THE GENERAL WELFARE | |
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| |
W | |
hen our Founders wrote in the Constitution that the federal government | |
would | |
| |
“promote the general Welfare,” they could not have fathomed a | |
massive | |
| |
bureaucracy that would someday spend $3 trillion in a single | |
year—roughly the sum, combined, spent by the departments covered in this section | |
in 2022. Approximately half of that colossal sum was spent by the Department of | |
Health and Human Services (HHS) alone—the belly of the massive behemoth that | |
is the modern administrative state. | |
HHS is home to Medicare and Medicaid, the principal drivers of our $31 trillion | |
national debt. When Congress passed and President Lyndon B. Johnson signed | |
into law these programs, they were set on autopilot with no plan for how to pay | |
for them. The first year that Medicare spending was visible on the books was 1967. | |
From that point on through 2020—according to the American Main Street Initiative’s analysis of official federal tallies—Medicare and Medicaid combined cost $17.8 | |
trillion, while our combined federal deficits over that same span were $17.9 trillion. | |
In essence, our deficit problem is a Medicare and Medicaid problem. | |
HHS is also home to the Centers for Disease Control and Prevention (CDC) | |
and the National Institutes of Health (NIH), the duo most responsible—along | |
with President Joe Biden—for the irrational, destructive, un-American mask and | |
vaccine mandates that were imposed upon an ostensibly free people during the | |
COVID-19 pandemic. All along, it was clear from randomized controlled trials— | |
the gold standard of medical research—that masks provide little to no benefit in | |
preventing the spread of viruses and might even be counterproductive. Yet the | |
CDC ignored these high-quality RCTs, cherry-picked from politically malleable | |
| |
Mandate for Leadership: The Conservative Promise | |
“observational studies,” and declared that everyone except children and infants | |
below the age of two should don masks. Under COVID, as former director of HHS’s | |
Office of Civil Rights Roger Severino writes in Chapter 14, the CDC exposed itself | |
as “perhaps the most incompetent and arrogant agency in the federal government.” | |
Nor is the CDC the only villain in this play. Severino writes of the National | |
Institutes of Health, “Despite its popular image as a benign science agency, NIH | |
was responsible for paying for research in aborted baby body parts, human animal | |
chimera experiments”—in which the genes of humans and animals are mixed, “and | |
gain-of-function viral research that may have been responsible for COVID-19.” | |
Severino writes that “Anthony Fauci’s division of the NIH”—the National Institute | |
of Allergy and Infectious Diseases—“owns half the patent for the Moderna COVID19 vaccine,” and “several NIH employees” receive “up to $150,000 annually from | |
Moderna vaccine sales.” That would be the same experimental mRNA vaccine that | |
the CDC now wants to force on children, who are at little to no risk from COVID-19 | |
but at great risk from public health officials. | |
The incestuous relationship between the NIH, CDC, and vaccine makers—with | |
all of the conflict of interest it entails—cannot be allowed to continue, and the | |
revolving door between them must be locked. As Severino writes, “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.” What’s more, NIH has long | |
“been at the forefront in pushing junk gender science.” The next HHS secretary | |
should immediately put an end to the department’s foray into woke transgender activism. | |
HHS also pushes abortion as a form of “health care,” skirting and sometimes | |
blatantly defying the Hyde Amendment in the process. Severino writes that the | |
“FDA should…reverse its approval of chemical abortion drugs because the politicized approval process was illegal from the start.” In addition, HHS programs | |
often violate the spirit, and sometimes the letter, of conscience-protection laws. | |
Severino writes that the HHS “Secretary should pursue a robust agenda to protect the fundamental right to life, protect conscience rights, and uphold bodily | |
integrity rooted in biological realities, not ideology.” The next secretary should | |
also reverse the Biden Administration’s focus on “‘LGBTQ+ equity,’ subsidizing | |
single-motherhood, disincentivizing work, and penalizing marriage,” replacing | |
such policies with those encouraging marriage, work, motherhood, fatherhood, | |
and nuclear families. | |
If there is another department that has gone off the rails like HHS during the | |
Obama and Biden Administrations, it is the once proud Department of Justice | |
(DOJ). As former counselor to the attorney general Gene Hamilton writes in Chapter 17, the department “has a long and noble history”—Edmund Randolph, the | |
first attorney general, took office the same year as President Washington—yet its | |
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Section 3: The General Welfare | |
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| |
longstanding reputation has been marred by the Biden Administration’s abuse of | |
the department’s powers for its own ends. Hamilton writes that the department’s | |
“unprecedented politicization and weaponization” under Biden and Attorney | |
General Merrick Garland, resulting in “politically motivated and viewpoint-based | |
prosecutions” of political enemies and indifference to the crimes of political allies, | |
has made the department “a threat to the Republic.” The most important thing for | |
the next attorney general to do is to refocus the department on its core functions of | |
“protecting public safety and defending the rule of law,” while restoring its “values | |
of independence, impartiality, honesty, integrity, respect, and excellence.” | |
This is especially true of the Federal Bureau of Investigations (FBI). A bloated, | |
arrogant, increasingly lawless organization, especially at the top, “the FBI views | |
itself as an independent agency” that is “on par with the Attorney General,” rather | |
than as an agency that is under the AG and fully accountable to him or her. To rein | |
in this “completely out of control” bureau and remind it of its place within—rather | |
than at the top of—the DOJ hierarchy, Hamilton writes that the FBI’s separate | |
Office of General Counsel (with “approximately 300 attorneys”), separate Office | |
of Legislative Affairs, and separate Office of Public Affairs should all be abolished. | |
Requiring the FBI to get its legal advice from the wider department “would serve | |
as a crucial check on an agency that has recently pushed past legal boundary after | |
legal boundary.” Indeed, Hamilton writes, “[t]he next conservative Administration should eliminate any offices within the FBI that it has the power to eliminate | |
without any action from Congress.” | |
Elsewhere, DOJ should target violent and career criminals, not parents; work | |
to dismantle criminal organizations, partly by rigorously prosecuting interstate | |
drug activity; and restart the Trump Administration’s “China Initiative” (to address | |
Chinese espionage and theft of trade secrets), which the Biden Administration “terminated…largely out of a concern for poor ‘optics.’” It should also enforce existing | |
federal law that prohibits mailing abortifacients, rather than harassing pro-life | |
demonstrators; respect the constitutional guarantee of the freedom of speech, | |
rather than trying to police speech on the internet; and enforce federal immigration laws, rather than pretending there is no border. | |
In contrast to DOJ’s long history, the Department of Education (the department, or ED), discussed by Lindsey Burke in Chapter 11, is a creation of the Jimmy | |
Carter Administration. The department is a convenient one-stop shop for the woke | |
education cartel, which—as the COVID era showed—is not particularly concerned | |
with children’s education. Schools should be responsive to parents, rather than to | |
leftist advocates intent on indoctrination—and the more the federal government | |
is involved in education, the less responsive to parents the public schools will be. | |
This department is an example of federal intrusion into a traditionally state and | |
local realm. For the sake of American children, Congress should shutter it and | |
return control of education to the states. | |
| |
Mandate for Leadership: The Conservative Promise | |
Short of this, the Secretary of Education should insist that the department | |
serve parents and American ideals, not advocates whose message is that children | |
can choose their own sex, that America is “systemically racist,” that math itself | |
is racist, and that Martin Luther King, Jr.’s ideal of a colorblind society should | |
be rejected in favor of reinstating a color-conscious society. The next head of | |
this department will have a lot to do—hopefully culminating in the department’s | |
closure and the salutary restoration of educational control to states, localities, | |
and parents. | |
The next Secretary of Energy will similarly have much work to do. Under the | |
next President, the Department of Energy should end the Biden Administration’s | |
unprovoked war on fossil fuels, restore America’s energy independence, oppose | |
eyesore windmills built at taxpayer expense, and respect the right of Americans | |
to buy and drive cars of their own choosing, rather than trying to force them | |
into electric vehicles and eventually out of the driver’s seat altogether in favor of | |
self-driving robots. As former commissioner of the Federal Energy Regulatory | |
Commission Bernard L. McNamee says in Chapter 12, “A conservative President | |
must be committed to unleashing all of America’s energy resources and making | |
the energy economy serve the American people, not special interests.” | |
In Chapter 10, Daren Bakst writes that the Biden Administration’s Department | |
of Agriculture claims to be “transforming the food system as we know it.” But the | |
government “does not need to transform the food system”; instead, “it should | |
respect American farmers, truckers,” and families. In Chapter 13, former chief of | |
staff at the Environmental Protection Agency Mandy Gunasekara writes that the | |
EPA’s “current activities and staffing levels far exceed its congressional mandates | |
and purpose,” whereas its “initial success” in its “infancy” (in the 1970s) was a | |
product of “clear mandates, a streamlined structure, [and] recognition of the states’ | |
prominent role.” Having since become a “coercive” agency, full of embedded activists, its “structure and mission should be greatly circumscribed.” | |
Former secretary of the Department of Housing and Urban Development Dr. | |
Benjamin S. Carson writes in Chapter 15 that HUD is beset with “mission creep” | |
and regularly crosses the line into exercising quasi-legislative powers. In the next | |
Administration, it should refocus on its core duties and keep “noncitizens…from | |
living in federally assisted housing,” provide enhanced “oversight of foreign ownership of [U.S.] real estate,” and “reinvigorate paths to upward economic mobility” | |
and economic “self-sufficiency.” In Chapter 18, former acting assistant secretary | |
of policy at the Department of Labor Jonathan Berry writes that the department | |
and related agencies should pursue pro-family, pro-worker policies to help “restore | |
the family-supporting job as the centerpiece of the American economy,” in lieu of | |
the current Administration’s “left-wing social-engineering agenda”—“the most | |
assertive” in history—which empowers race, gender, and climate-change activists | |
at the expense of American workers. | |
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Section 3: The General Welfare | |
In Chapter 19, on the Department of Transportation (DOT), former DOT deputy | |
assistant director for research and technology Diana Furchtgott-Roth writes, “In | |
pursuit of an anti-fossil-fuel climate agenda never approved by Congress, the Biden | |
Administration has raised fuel economy requirements to levels that cannot realistically be met” by most gas-powered cars, thereby reducing Americans’ freedom | |
while increasing costs. Lastly, former acting chief of staff at the Department of | |
Veterans Affairs Brooks D. Tucker, echoing concerns expressed in other chapters, | |
writes in Chapter 20 that the Veterans Affairs (VA) must be “accountable to the | |
needs and problems of veterans, not subservient to the parochial preferences of | |
the bureaucracy.” | |
| |
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| |
10 | |
DEPARTMENT OF | |
AGRICULTURE | |
Daren Bakst | |
MISSION STATEMENT | |
The current mission statement as stated by the Biden Administration highlights | |
the broad scope of the USDA: | |
To serve all Americans by providing effective, innovative, science-based | |
public policy leadership in agriculture, food and nutrition, natural resource | |
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| |
A | |
merican | |
| |
farmers efficiently and safely produce food to meet the needs of | |
individuals | |
| |
around the globe. Because of the innovation and resilience | |
of the nation’s farmers, American agriculture is a model for the world. If | |
farmers are allowed to operate without unnecessary government intervention, | |
American agriculture will continue to flourish, producing plentiful, safe, nutritious, | |
and affordable food. | |
The U.S. Department of Agriculture (USDA) can and should play a limited role, | |
with much of its focus on removing governmental barriers that hinder food production or otherwise undermine efforts to meet consumer demand. The USDA | |
should recognize what should be self-evident: Agricultural production should first | |
and foremost be focused on efficiently producing safe food. | |
This chapter provides important background on the USDA and identifies many | |
of the USDA-specific issues that will be faced by an incoming Administration. It | |
provides specific recommendations for the next Administration about how to | |
address these issues and lays out a conservative vision for what the USDA should | |
look like in the future. | |
Mandate for Leadership: The Conservative Promise | |
protection and management, rural development, and related issues with a | |
commitment to delivering equitable and climate smart opportunities that | |
inspire and help America thrive.1 | |
The first part of the mission statement regarding the issues covered is not new | |
to the Biden Administration; it reflects the overly broad nature of the USDA’s work. | |
However, the language bringing in equity and climate change is new to the Biden | |
Administration and part of the USDA’s express effort to transform agricultural | |
production.2 | |
The USDA’s new vision statement illuminates the focus of this effort: | |
| |
An equitable and climate smart food and agriculture economy that protects and | |
improves the health, nutrition and quality of life of all Americans, yields healthy | |
land, forests and clean water, helps rural America thrive, and feeds the world.3 | |
This effort is one of a federal central plan to put climate change and environmental issues ahead of the most important requirements of agriculture—to | |
efficiently produce safe food. The USDA would apparently use its power to change | |
the very nature of the food and agriculture economy into one that is “equitable and | |
climate smart.” As an initial matter, the USDA should not try to control and shape | |
the economy, but should instead remove obstacles that hinder food production. | |
Further, it should not place ancillary issues, such as environmental issues, ahead | |
of agricultural production itself. | |
A Proper Mission Statement. Even before the Biden Administration’s radical effort to reshape the USDA’s work, the USDA’s mission was and is too broad, | |
including serving as a major welfare agency through implementation of programs | |
such as food stamps. This far-reaching mission is not the fault of the USDA, but of | |
Congress, which has given the department its extensive power. | |
Congress must limit the USDA’s role. A proper mission would clarify that the | |
department’s primary focus is on agriculture and that the USDA serves all Americans. The USDA’s “client” is the American people in general, not a subset of | |
interests, such as farmers, meatpackers, environmental groups, etc. | |
Within this agricultural focus, the USDA should develop and disseminate | |
information and research (the historical role of the USDA); identify and address | |
concrete threats to public health and safety arising directly from food and agriculture; remove unjustified foreign trade barriers blocking market access for | |
American agricultural goods; and generally remove government barriers that | |
undermine access to safe and affordable food across the food supply chain. | |
Core principles should be included within any mission statement, including | |
a recognition that farmers, and the food system in general, should be free from | |
unnecessary government intervention. Further, there should be clear statements | |
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Department of Agriculture | |
about the importance of sound science to inform the USDA’s work and respect for | |
personal freedom and individual dietary choices, private property rights, and the | |
rule of law. | |
Taking these factors into account, below is a model USDA mission statement: | |
To develop and disseminate agricultural information and research, identify and | |
address concrete public health and safety threats directly connected to food and | |
agriculture, and remove both unjustified foreign trade barriers for U.S. goods | |
and domestic government barriers that undermine access to safe and affordable | |
food absent a compelling need—all based on the importance of sound science, | |
personal freedom, private property, the rule of law, and service to all Americans. | |
OVERVIEW | |
MAJOR PRIORITY ISSUES AND SPECIFIC RECOMMENDATIONS | |
For an incoming Administration, there are numerous issues that should be | |
addressed at the USDA. This chapter identifies and discusses many of the most | |
important issues. The initial issues discussed should be priority issues for the next | |
Administration: | |
Defend American Agriculture. It is deeply unfortunate that the first issue | |
identified must be a willingness of the incoming Administration to defend American agriculture, but this is precisely what the top priority for that Administration | |
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| |
In 1862, President Abraham Lincoln signed into law the legislation that created | |
the USDA.4 The department had a very narrow mission focused on the dissemination of information connected to agriculture and “to procure, propagate and | |
distribute among the people new valuable seeds and plants.”5 During the last 160 | |
years, the scope of the USDA’s work has expanded well beyond that narrow mission—and well beyond agriculture itself. In addition to being a distributor of farm | |
subsidies, the USDA runs the food stamp program and other food-related welfare programs and covers issues including conservation, biofuels, forestry, and | |
rural programs. | |
Based on the USDA’s fiscal year (FY) 2023 budget summary, outlays are estimated at $261 billion: $221 billion for mandatory programs and $39 billion for | |
discretionary programs.6 These outlays are broken down as follows: nutrition assistance (70 percent); farm, conservation, and commodity programs (14 percent); “all | |
other,” which includes rural development, research, food safety, marketing and | |
regulatory, and departmental management (11 percent); and forestry (5 percent).7 | |
The USDA has provided a summary of its size, explaining, “Today, USDA is comprised of 29 agencies organized under eight Mission Areas and 16 Staff Offices, | |
with nearly 100,000 employees serving the American people at more than 6,000 | |
locations across the country and abroad.”8 | |
Mandate for Leadership: The Conservative Promise | |
should be. As previously discussed, the Biden Administration is seeking to use | |
the federal government to transform the American food system.9 The USDA web | |
site explains: | |
| |
The U.S. Department of Agriculture (USDA), alongside Biden–Harris | |
Administration leadership and the people of this great country, has embarked | |
on another historic journey: transforming the food system as we know it— | |
from farm to fork, and at every stage along the supply chain.10 | |
The federal government does not need to transform the food system or develop | |
a national plan to intervene across the supply chain. Instead, it should respect | |
American farmers, truckers, and everyone who makes the food supply chain so | |
resilient and successful. One of the important lessons learned during the COVID19 pandemic was how critical it is to remove barriers in the food supply chain—not | |
to increase them. | |
The Biden Administration’s centrally planned transformational effort minimizes the importance of efficient agricultural production and instead places issues | |
such as climate change and equity front and center. The USDA’s Strategic Plan | |
Fiscal Years 2022–2026 identifies six strategic goals, the first three of which focus | |
on issues such as climate change, renewable energy, and systemic racism. In the | |
Secretary of Agriculture’s message, there is only one mention of affordable food— | |
and nothing about efficient production and the incredible innovation and respect | |
for the environment that already exists within the agricultural community.11 | |
The Biden Administration’s USDA strongly supported12 the recent United | |
Nations (U.N.) Food Systems Summit. According to the USDA: | |
The stated goal of the Food Systems Summit was to transform the way the | |
world produces, consumes and thinks about foods within the context of the | |
2030 Agenda for Sustainable Development and to meet the challenges of | |
poverty, food security, malnutrition, population growth, climate change, and | |
natural resource degradation.13 | |
Not unlike those who oppose reliable and affordable energy production, there | |
is a disdain, especially by some on the Left, for American agriculture and the food | |
system.14 The Biden Administration’s vision of a federal government developing | |
a plan that “fixes” agriculture and focuses on issues secondary to food production | |
is very disturbing. | |
A recent USDA-created program captures both the disrespect for American | |
farmers and the Biden Administration’s effort to dictate agricultural practices. | |
The USDA explained that it was concerned with farmers not transitioning to | |
organic farming, and therefore announced that it will dedicate $300 million to | |
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Department of Agriculture | |
induce farmers to adopt organic farming.15 There was no recognition that farmers | |
know how to farm better than D.C. politicians16 or a that organic food is expensive17 | |
and land-intensive.18 The Biden Administration has also been pushing so-called | |
“climate-smart”19 agricultural practices which received additional support in the | |
partisan Inflation Reduction Act.20 | |
American agriculture should not need defending. According to the USDA’s latest | |
data, farm output nearly tripled (a 175 percent increase) from 1948 to 2019, while | |
the amount of land farmed decreased. In fact, as farm output increased by 175 | |
percent, all agricultural inputs increased by only 4 percent.21 | |
In 2021, despite high food prices—a major problem and regressive—American consumers spent an average of about 10 percent of their personal disposable | |
income on food, which is close to historic lows. For decades, this share has been in | |
decline.22 America’s farmers efficiently produce food using fewer resources, making | |
it possible for food to be affordable. This reality is not only something that should | |
be defended but also touted as a prime example of what makes American agriculture so successful. The connection between efficiency and affordability seems lost | |
in the Biden Administration’s effort to transform the food system. | |
RECOMMENDATIONS | |
l | |
l | |
l | |
l | |
Remove the U.S. from any association with U.N. and other efforts to push | |
sustainable-development schemes connected to food production. | |
Defend American agriculture and advance the critical importance of | |
efficient and innovative food production, especially to advance safe and | |
affordable food. | |
Stress that ideal policy should remove obstacles imposed on American | |
farmers and individuals across the food supply chain so that they can meet | |
the food needs of Americans. | |
Clarify the critical importance of efficiency to food affordability, and why a | |
failure to recognize this fact especially hurts low-income households who | |
spend a disproportionate share of after-tax income on food compared to | |
higher-income households.23 | |
To accomplish these objectives, a new Administration should announce its | |
principles through an executive order, the USDA should remove all references | |
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| |
Proactively Defend Agriculture. From the outset, the next Administration | |
should: Denounce efforts to place ancillary issues like climate change ahead of | |
food productivity and affordability when it comes to agriculture. | |
| |
Mandate for Leadership: The Conservative Promise | |
to transforming the food system on its web site and other department-disseminated material, and it should expressly and regularly communicate the | |
principles informing the objectives listed above, as well as promote these principles through legislative efforts. The USDA should also carefully review existing | |
efforts that involve inappropriately imposing its preferred agricultural practices | |
onto farmers. | |
Address the Abuse of CCC Discretionary Authority. With the exception of | |
federal crop insurance, the Commodity Credit Corporation (CCC) is generally the | |
means by which agricultural-related farm bill programs are funded. The CCC is a | |
funding mechanism, which, in simple terms, has $30 billion a year at its disposal.24 | |
Section 5 of the Commodity Credit Corporation Charter Act (Charter Act)25 | |
gives the Secretary of Agriculture broad discretionary authority to spend “unused” | |
CCC money. However, in general, past Agriculture Secretaries have not used this | |
power to any meaningful extent. This changed dramatically during the Trump | |
Administration, when this discretionary authority was used to fund $28 billion | |
in “trade aid” to farmers, consisting primarily of the Market Facilitation Program. | |
In 2020, this authority was used for $20.5 billion in food purchases and income | |
subsidies in response to the COVID-19 pandemic.26 | |
At the time, critics warned that this use of the CCC, which in effect created a | |
USDA slush fund, would lead future Administrations to abuse the CCC, such as | |
by pushing climate-change policies.27 Predictably, this is precisely what the Biden | |
Administration has done, using the discretionary authority to create programs | |
out of whole cloth, arguably without statutory authority,28 for what it refers to as | |
climate-smart agricultural practices.29 | |
The merits of the various programs funded through the CCC discretionary | |
authority is not the focus of this discussion. The major problem is that the Secretary of Agriculture is empowered to use a slush fund. Billions of dollars are being | |
used for programs that Congress never envisioned or intended. | |
Concern about this type of abuse is not new. In fact, from 2012 to 2017, Congress | |
expressly limited the Agriculture Secretary’s discretionary spending authority | |
under the Charter Act.30 And this was before the recent massive discretionary CCC | |
spending occurred. | |
The use of the discretionary power is a separation of powers problem, with | |
Congress abrogating its spending power. This power is ripe for abuse—as could be | |
expected with any slush fund—and it is a possible way to get around the farm bill | |
process to achieve policy goals not secured during the legislative process. | |
The next Administration should: | |
l | |
Refrain from using section 5 discretionary authority. The USDA can | |
address this abuse on its own by following the lead of most Administrations | |
and not using this discretionary authority. | |
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Department of Agriculture | |
l | |
Promote legislative fixes to address abuse. Ideally, Congress would | |
repeal the Secretary’s discretionary authority under section 5 of the Charter | |
Act. There is no reason to maintain such authority. If Congress needs to | |
spend money to assist farmers, it has legislative tools, including the farm bill | |
and the annual appropriations process, to do so in a timely fashion. While | |
not an ideal solution, Congress could also amend the Charter Act to require | |
prior congressional approval through duly enacted legislation before any | |
money is spent. | |
At a minimum, Congress should amend the Charter Act to: | |
l | |
l | |
l | |
Prohibit the CCC from being used to assist parties beyond farmers and ranchers. | |
Clarify that spending is only to address problems that are temporary in | |
nature and ensure that funding is targeted to address such problems. | |
Tighten the discretion within section 5 and identify ways for improper | |
application of the Charter Act to be challenged in court. | |
Reform Farm Subsidies. Too often, agricultural policy becomes synonymous | |
with farm subsidy policy. This is unfortunate, because making them synonymous fails to recognize that agricultural policy covers a wide range of issues, | |
including issues that are outside the proper scope of the USDA, such as environmental regulation. | |
However, there is no question that farm subsidies are an important issue | |
within agricultural policy that should be addressed by any incoming Administration. There are several principles that even subsidy supporters would likely | |
agree upon, including the need to reduce market distortions. Subsidies should not | |
influence planting decisions, discourage proper risk management and innovation, | |
incentivize planting on environmentally sensitive land, or create barriers to entry | |
for new farmers. Farm subsidies can lead to these market distortions and therefore, it would hardly be controversial to ensure that any subsidy scheme should | |
be designed to avoid such problems. | |
The overall goal should be to eliminate subsidy dependence. Despite what | |
might be conventional wisdom, many farmers receive few to no subsidies,31 with | |
most subsidies going to only a handful of commodities. According to the Congressional Research Service (CRS), from 2014 to 2016, 94 percent of farm program | |
— 295 — | |
| |
l | |
Limit spending to directly help farmers and ranchers address issues due | |
to unforeseen events not already covered by existing programs and that | |
constitute genuine emergencies that must be addressed immediately. | |
| |
Mandate for Leadership: The Conservative Promise | |
support went to just six commodities—corn, cotton, peanuts, rice, soybeans, and | |
wheat—that together account for only 28 percent of farm receipts.32 Although many | |
farmers do not receive much in the way of subsidies, especially those in the areas | |
of livestock and specialty crops (fruit, vegetable, and nuts),33 there are still a significant number of farmers growing row crops like corn and cotton that do receive | |
significant farm subsidies. | |
The primary subsidy programs include the Agriculture Risk Coverage (ARC) | |
program,34 the Price Loss Coverage (PLC) program,35 and the federal crop insurance program.36 Farmers can participate on a crop-by-crop basis in the ARC | |
program or the PLC program. These programs cover about 20 different crops.37 The | |
ARC program protects farmers from what are referred to as “shallow” losses, providing payments when their actual revenues fall below 86 percent of the expected | |
revenues for their crops.38 The PLC program provides payments to farmers when | |
commodity prices fall below a fixed, statutorily established reference price.39 | |
The federal crop insurance program is broader in scope than ARC and PLC, | |
and in crop year 2019 covered 124 commodities.40 Farmers pay a portion of a | |
premium to participate in the program. Taxpayers on average pay about 60 percent41 of the premium. As explained by CRS, “Revenue Protection was the most | |
frequently purchased policy type in 2019, accounting for almost 70 [percent] of | |
policies purchased.”42 | |
While there are certainly other subsidy programs besides ARC, PLC, and federal | |
crop insurance, one program that deserves special mention is the federal sugar | |
program. This program, unlike most other subsidy programs, intentionally tries | |
to restrict supply43 and thereby drives up prices. The program costs consumers as | |
much as $3.7 billion a year.44 | |
When it comes to reforming subsidy programs, the next Administration will | |
primarily have to look to legislative solutions. The next Administration should | |
champion legislation that would: | |
l | |
l | |
Repeal the federal sugar program. The federal government should | |
not be in the central planning business, and the sugar program is a prime | |
example of harmful central planning. Its very purpose is to limit the sugar | |
supply in order to increase prices. The program has a regressive effect, since | |
lower-income households spend more of their money to meet food needs | |
compared to higher income households.45 | |
Ideally, repeal the ARC and PLC programs. Farmers eligible to | |
participate in ARC or PLC are generally already able to purchase federal | |
crop insurance, policies that protect against shortfalls in expected revenue | |
whether caused by lower prices or smaller harvests. The ARC program is | |
especially egregious because farmers are being protected from shallow | |
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Department of Agriculture | |
losses, which is another way of saying minor dips in expected revenue. | |
This is hardly consistent with the concept of providing a safety net to help | |
farmers when they fall on hard times. The Congressional Budget Office | |
(CBO), in one of its options to reduce the federal deficit, has once again | |
identified repealing all Title I farm programs, including ARC, PLC, and the | |
federal sugar program.46 | |
l | |
l | |
Stop paying farmers twice for price and revenue losses during the | |
same year. Farmers can receive support from the ARC or PLC programs | |
and the federal crop insurance program to cover price declines and revenue | |
shortfalls during the same year. Congress should prohibit this duplication by | |
prohibiting farmers from receiving an ARC or PLC payment the same year | |
they receive a crop insurance indemnity. | |
CBO has found that reducing the premium subsidy to 47 percent would | |
save $8.1 billion over 10 years and have little impact on crop insurance | |
participation or on the number of covered acres.49 In that analysis, there | |
would be a reduction in insured acres of just one-half of 1 percent, and | |
only 1.5 percent of acres would have lower coverage levels. 50 This reform | |
is basically all benefit with little to no cost. In its recently released report | |
identifying options to reduce the federal deficit, CBO found that reducing | |
the premium subsidy to 40 percent would save $20.9 billion over 10 years.51 | |
Beyond these legislative reforms, the next Administration should: | |
l | |
Communicate to Congress the necessity of transparency and a genuine | |
reform process. The White House and the USDA should make it very clear | |
that the farm bill process, including reform of farm subsidies, must be conducted through an open process with time for mark-up and the opportunity | |
for changes to be made outside the Agriculture Committee process. | |
The farm bill too often is developed behind closed doors and without any | |
chance for real reform. The White House, given the power of the bully pulpit, | |
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| |
Reduce the premium subsidy rate for crop insurance. On average, | |
taxpayers cover about 60 percent47 of the premium cost for policies | |
purchased in the federal crop insurance program. One of the most widely | |
supported and bipartisan policy reforms is to reduce the premium subsidy | |
that taxpayers are forced to pay.48 At a minimum, taxpayers should not pay | |
more than 50 percent of the premium. After all, taxpayers should not have | |
to pay more than the farmers who benefit from the crop insurance policies. | |
Mandate for Leadership: The Conservative Promise | |
must demand a genuine reform process and express unwavering support | |
for a USDA that shapes a safety net that considers the interests of farmers, | |
while also remembering the interests of taxpayers and consumers. Any | |
safety net for farmers should be a true safety net—one that helps farmers | |
when they have experienced serious unforeseen losses (preferably when | |
there has been a disaster or unforeseen natural event causing damage) and | |
that exists to help them in unusual situations. | |
| |
l | |
Separate the agricultural provisions of the farm bill from the | |
nutrition provisions. To have genuine reform and proper consideration | |
of the issues, agricultural programs should be considered in separate | |
legislation distinct from food stamps and the nutrition part of the farm bill, | |
and reauthorization of such programs should be fixed on different timelines | |
to ensure this separation. Agricultural and nutritional programs, which are | |
distinct from each other, have been combined together for political reasons, | |
something which is readily admitted by proponents of this logrolling. When | |
it comes to American agriculture and welfare programs, they deserve sound | |
policy debates, not political tactics at the expense of thoughtful discourse. | |
Move the Work of the Food and Nutrition Service. The USDA implements | |
many means-tested federal support programs, including the largest food assistance program, Supplemental Nutrition Assistance Program (SNAP, also known | |
as food stamps), and the Special Supplemental Nutrition Program for Women, | |
Infants, and Children (WIC) Food Program. The Food and Nutrition Service (FNS) | |
oversees these programs and other food and nutrition programs, including the | |
Center for Nutrition Policy and Promotion,52 which handles the USDA’s work on | |
the “Dietary Guidelines for Americans” (Dietary Guidelines).53 Food nutrition | |
programs include: SNAP; WIC; the National School Lunch Program (NSLP); the | |
School Breakfast Program (SBP); the Child and Adult Care Food Program; the | |
Nutrition Program for the Elderly; Nutrition Service Incentives; the Summer Food | |
Service Program; the Commodity Supplemental Food Program; the Temporary | |
Emergency Food Program; the Farmer’s Market Nutrition Program; and the Special Milk Program. | |
The next Administration should: | |
l | |
Move the USDA food and nutrition programs to the Department of | |
Health and Human Services. There are more than 89 current meanstested welfare programs, and total means-tested spending has been | |
estimated to surpass $1.2 trillion between federal and state resources.54 | |
Because means-tested federal programs are siloed and administered in | |
separate agencies, the effectiveness and size of the welfare state remains | |
— 298 — | |
Department of Agriculture | |
largely hidden. There are means-tested food-support programs in the | |
USDA (specially FNS), whereas most means-tested programs are at the | |
Department of Health and Human Services (HHS). All means-tested antipoverty programs should be overseen by one department—specifically HHS, | |
which handles most welfare programs. | |
Reform SNAP. Ostensibly, SNAP sends money through electronic-benefit-transfer (EBT) cards to help “low-income” individuals buy food. It is the largest | |
of the federal nutrition programs. Food stamps are designed to be supplemented by | |
other forms of income—whether through paid employment or nonprofit support. | |
SNAP serves 41.1 million individuals—an increase of 4.3 million people during the | |
Biden years.55 In 2020, the food stamp program cost $79.1 billion. That number | |
continued to rise—by 2022, outlays hit $119.5 billion.56 | |
The next Administration should: | |
l | |
Re-implement work requirements. The statutory language covering | |
food stamps allows states to waive work requirements that otherwise | |
apply to work-capable individuals—that is, adult beneficiaries between the | |
ages 18 and 50 who are not disabled and do not have any children or other | |
dependents in the home.57 | |
| |
Even in a strong economy, work expectations are fairly limited: Individuals | |
who are work-capable and without dependents are required to work or | |
prepare for work for 20 hours per week.58 The work requirements are then | |
implemented unless the state requests a waiver from the USDA’s Food and | |
Nutrition Services.59 Waivers from statutory work requirements can be | |
approved in two instances: an unemployment rate of more than 10 percent | |
or a lack of sufficient jobs.60 | |
The Trump Administration bolstered USDA work expectations in the | |
food stamp program. In February 2019, FNS issued a modest regulatory | |
change that applied only to able-bodied individuals without dependents— | |
beneficiaries aged 18 to 49, not elderly or disabled, who did not have children | |
or other dependents in the home (ABAWD).61 The FNS rule changed | |
when a state could receive a waiver from implementing the ABAWD work | |
requirement. | |
Under the new rule, in order to waive the work requirement, the state’s | |
unemployment rate had to be above 6 percent for more than 24 months. | |
The rule also defined “area” in such a way that states would be unable to | |
combine non-contiguous counties in order to maximize their waivers.62 Of | |
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Mandate for Leadership: The Conservative Promise | |
the more than 40 million food stamp beneficiaries, the Trump rule would | |
have applied only to 688,000 individuals in fiscal year 2021.63 | |
The Trump reform was scheduled to go into effect, but a D.C. district court | |
federal judge enjoined the rule.64 The USDA filed an appeal in late December | |
2020,65 but the Biden Administration withdrew from defending the | |
challenge, and the rule was never implemented.66 | |
Beyond the able-bodied work requirement, FNS should implement better | |
regulation to clarify options for states to implement the general work | |
requirement. This requirement is an option states can apply to workcapable beneficiaries aged 16 to 59. If beneficiaries’ work hours are below | |
30 hours a week, states can implement the general work requirements to | |
oblige beneficiaries to register for work or participate in SNAP Employment | |
and Training or workfare assigned by the state SNAP agency.67 Increased | |
clarity for states would include items like states being required to offer | |
employment and training spots for those that request them—not simply | |
budgeting for every currently enrolled able-bodied adult. | |
| |
l | |
Reform broad-based categorical eligibility. Federal law permits states | |
to enroll individuals in food stamps if they receive a benefit from another | |
program, such as the Temporary Assistance for Needy Families (TANF) | |
program. However, under an administrative option in TANF called broadbased categorical eligibility (BBCE), ”benefit” is defined so broadly that it | |
includes simply receiving distributed pamphlets and 1–800 numbers.68 This | |
definition, with its low threshold to trigger a “benefit,” allows individuals to | |
bypass eligibility limits—particularly the asset requirement (how much the | |
applicant has in resources, such as bank accounts or property).69 Adopting | |
the BBCE option has even allowed millionaires to enroll in the food | |
stamp program.70 | |
The Trump Administration proposed to close the loophole with a rule | |
to “increase program integrity and reduce fraud, waste, and abuse.”71 The | |
regulation was not finalized before the end of the Trump Administration. | |
l | |
Re-evaluate the Thrifty Food Plan. In a dramatic overreach, the Biden | |
Administration unilaterally increased food stamp benefits by at least 23 | |
percent in October 2021.72 Through an update to the Thrifty Food Plan, in | |
which the USDA analyzes a basket of foods intended to provide a nutritious | |
diet, the USDA increased food stamp outlays by between $250 billion and | |
$300 billion over 10 years.73 | |
— 300 — | |
Department of Agriculture | |
Although the 2018 farm bill instructed FNS to update the Thrifty Food Plan | |
by 2023 and every five years thereafter, every previous Thrifty Food Plan | |
has been always cost-neutral ( just an inflation update)—exactly what CBO | |
estimated as cost of the 2018 farm bill.74 | |
The Biden Administration may have skirted regulations and congressional | |
authority to increase the overall cost of the program. In fact, Senate and | |
House Republicans requested that the Government Accountability Office | |
investigate the legal authorities and process that the USDA undertook to | |
arrive at such an unprecedented increase.75 | |
l | |
Eliminate the heat-and-eat loophole. States can artificially boost a | |
household’s food stamp benefit by using the heat-and-eat loophole. The | |
amount of food stamps a household receives is based on its “countable” | |
income (income minus certain deductions). Households that receive | |
benefits from the Low-Income Heat and Energy Assistance Program | |
(LIHEAP) are eligible for a larger utility deduction. In order to make | |
households eligible for the higher deduction, and thus for greater food | |
stamp benefits, states have distributed LIHEAP checks for amounts as small | |
as $1 to food stamp recipients. | |
| |
The 2014 farm bill tightened this loophole by requiring that a household must | |
receive more than $20 annually in LIHEAP payments to be eligible for the larger | |
utility deduction and subsequently higher food stamp benefits.76 Nonetheless, | |
states continue to inflate their standard utility allowances. Under the Trump | |
Administration, the USDA proposed a rule, which was not finalized, that would | |
have standardized the utility allowance.77 | |
Reform WIC. Turning to WIC, this program distributes money through EBT | |
cards to help low-income women, infants, and children under six purchase nutrition-rich foods and nutrition education (including breastfeeding support). As of | |
August 2022, approximately 6.3 million people participated in WIC each month | |
to purchase food.78 In 2021, WIC federal outlays were $5 billion.79 | |
The next Administration should: | |
l | |
Reform the state voucher system. State agencies control WIC costs | |
by approving only one brand of infant formula through competitive | |
bidding for infant formula rebate contracts. Because 50 percent of baby | |
formula is purchased through the federal WIC program, it is vital that | |
regulation for these competitive bidding contracts does not unintentionally | |
create monopolies. | |
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Mandate for Leadership: The Conservative Promise | |
| |
l | |
Re-evaluate excessive regulation. As for baby formula regulations | |
generally, labeling regulations and regulations that unnecessarily delay the | |
manufacture and sale of baby formula should be re-evaluated.80 During the | |
Biden Administration, there have been devastating baby formula shortages. | |
Return to the Original Purpose of School Meals. Federal meal programs for | |
K–12 students were created to provide food to children from low-income families | |
while at school.81 Today, however, federal school meals increasingly resemble entitlement programs that have strayed far from their original objective and represent | |
an example of the ever-expanding federal footprint in local school operations. | |
The NSLP and SBP are the two largest K–12 meal programs provided by federal | |
taxpayer money. The NSLP launched in 1946 and the SBP in 1966, both as options | |
specifically for children in poverty.82 During the COVID-19 pandemic, federal | |
policymakers temporarily expanded access to school meal programs, but some | |
lawmakers and federal officials have now proposed making this expansion permanent.83 Yet even before the pandemic, research found that federal officials had | |
already expanded these programs to serve children from upper-income homes, | |
and these programs are rife with improper payments and inefficiencies. | |
Heritage Foundation research from 2019 found that after the enactment of | |
the Community Eligibility Provision (CEP) in 2010, the share of students from | |
middle- and upper-income homes receiving free meals in states that participated in | |
CEP doubled, and in some cases tripled—all in a program meant for children from | |
families with incomes at or below 185 percent of the federal poverty line (Children | |
from homes at or below 130 percent of the federal poverty line are eligible for free | |
lunches, while students from families at or below 185 percent of poverty are eligible | |
for reduced-priced lunches).84 | |
Under CEP, if 40 percent of students in a school or school district are eligible for | |
federal meals, all students in that school or district can receive free meals. However, | |
the USDA has taken it even further, improperly interpreting the law85 to allow a | |
subset of schools within a district to be grouped together to reach the 40 percent | |
threshold, As a result, a school with zero low-income students could be grouped | |
together with schools with high levels of low-income students, and as a result all | |
the students in the schools within that group (even schools without a single low-income student) can receive free federal meals.86 Schools can direct resources meant | |
for students in poverty to children from wealthier families. | |
Furthermore, the NSLP and SBP are among the most inaccurate federal | |
programs according to PaymentAccuracy.gov, a project of the U.S. Office of Management and Budget and the Office of the Inspector General.87 Before federal | |
auditors reduced the rigor of annual reporting requirements in 2018, the NSLP | |
had wasted nearly $2 billion in taxpayer resources through payments provided to | |
ineligible recipients.88 Even after the auditing changes, which the U.S. Government | |
— 302 — | |
Department of Agriculture | |
Accountability Office said results in the USDA not “regularly assess[ing] the programs’ fraud risks,” the NSLP wasted nearly $500 million in FY 2021.89 The SBP | |
now wastes nearly $200 million annually.90 | |
Despite the ongoing effort to expand school meals under CEP and the evidence | |
of waste and inefficiency, left-of-center Members of Congress and President Biden’s | |
Administration have nonetheless proposed further expansions to extend federal | |
school meals to include every K–12 student—regardless of need.91 The Administration recently proposed expanding federal school meal programs offered during the | |
school year to be offered during the summer as part of the “American Families Plan,” | |
and also proposed expanding CEP. Other federal officials, including Senator Bernie | |
Sanders (I–VT), have, in recent years, proposed expanding the NSLP to all students.92 | |
To serve students in need and prevent the misuse of taxpayer money, the next | |
Administration should focus on students in need and reject efforts to transform | |
federal school meals into an entitlement program. | |
Specifically, the next Administration should: | |
l | |
l | |
Work with lawmakers to eliminate CEP. The NSLP and SBP should be | |
directed to serve children in need, not become an entitlement for students | |
from middle- and upper-income homes. Congress should eliminate CEP. | |
Further, the USDA should not provide meals to students during the summer | |
unless students are taking summer-school classes. Currently, students can | |
get meals from schools even if they are not in summer school, which has, in | |
effect, turned school meals into a federal catering program.93 | |
Restore programs to their original intent and reject efforts to create | |
universal free school meals. The USDA should work with lawmakers | |
to restore NSLP and SBP to their original goal of providing food to K–12 | |
students who otherwise would not have food to eat while at school. | |
Federal school meals should be focused on children in need, and any efforts | |
to expand student eligibility for federal school meals to include all K–12 students | |
should be soundly rejected. Such expansion would allow an inefficient, wasteful | |
program to grow, magnifying the amount of wasted taxpayer resources. | |
Reform Conservation Programs. Farmers, in general, are excellent stewards | |
of the land, if not for moral or ethical considerations, then out of self-interest to | |
— 303 — | |
| |
l | |
Promulgate a rule properly interpreting CEP. The USDA should issue | |
a rule that clarifies that only an individual school or a school district as a | |
whole, not a subset of schools within a district, must meet the 40-percent | |
criteria to be eligible for CEP. Education officials should be prohibited from | |
grouping schools together. | |
| |
Mandate for Leadership: The Conservative Promise | |
make sure their land and—by extension, their livelihoods—remain intact. Farmers | |
are often called the original conservationists.94 | |
When evaluating federal conservation programs, it is important to remember | |
the importance of the land to farmers. In terms of USDA federal conservation | |
programs, both the USDA’s Farm Service Agency (FSA) and Natural Resources | |
Conservation Service (NRCS) oversee numerous programs.95 | |
As a general matter, the next Administration should ensure that these programs | |
address genuine and specific environmental concerns with a focus on currently | |
existing environmental problems, not those that are speculative in nature. These | |
conservation programs should have clearly identifiable goals, with the success or | |
failure of these programs being directly measurable. Any assistance to farmers to | |
take specific actions should not be provided unless the assistance will directly and | |
clearly help to address a specific environmental problem. Further, any assistance | |
to encourage farmers to engage in certain practices should only be provided if | |
farmers would not have adopted the practices in the first place. | |
There are specific issues that the next Administration should address. The | |
Conservation Reserve Program,96 which is run by FSA, pays farmers to not farm | |
some of their land. This program has recently received attention, as agricultural | |
groups rightfully seek to farm without penalty voluntarily idled land, in light of | |
the consequences to food prices of Russia invading Ukraine.97 | |
There is also a need to reform USDA’s conservation easements. These easements | |
are a powerful tool to incentivize long-term preservation of ecosystems while still | |
allowing farmers to benefit economically. However, when farmers and ranchers | |
sign conservation easements with the USDA, they can be enforced in perpetuity. | |
Future generations, be they the descendants of the landowner or new residents, | |
are bound by those conditions. | |
Ecosystems and topography naturally change over time, but without legislative | |
change, easement requirements will not. | |
The next Administration should: | |
l | |
l | |
Champion the elimination of the Conservation Reserve Program. | |
Farmers should not be paid in such a sweeping way not to farm their land. If | |
there is a desire to ensure that extremely sensitive land is not farmed, this | |
should be addressed through targeted efforts that are clearly connected to | |
addressing a specific and concrete environmental harm. The USDA should | |
work with Congress to eliminate this overbroad program. | |
Reform NRCS wetlands and erodible land compliance and appeals. | |
Problematic NRCS overreach could be avoided entirely by removing its | |
authority to prescribe specific practices on a particular farm operation in | |
order to ensure continued eligibility to participate in USDA farm programs, | |
— 304 — | |
Department of Agriculture | |
and to require instead that each farm (as a function of eligibility) must have | |
created a general best practices plan. Such a plan could be approved by the | |
local county Soil and Water Conservation District (SWCD). The local SWCD | |
commissioners are elected by their peers in each respective county and are | |
better suited than the NRCS to provide guidance for farm operations in | |
their respective jurisdictions. | |
At a minimum, a new Administration should support legislation to divest | |
more power to the states (and possibly local SWCDs) regarding erodible | |
land and wetlands conservation.98 | |
l | |
Reform easements. The new Administration should, to the extent | |
authorized by law, limit the use of permanent easements and | |
collaborate with lawmakers to prohibit the USDA from creating new | |
permanent easements.99 | |
l | |
Promote legislation that would allow state-inspected meat to be sold | |
in interstate commerce. These barriers to the sale of meat and poultry | |
from USDA-approved state-inspected facilities should be removed. | |
Eliminate or Reform Marketing Orders and Checkoff Programs. Marketing orders and checkoff programs for agricultural commodities are similar in | |
many ways. They both allow private actors within an industry to collaborate with | |
the federal government to compel other competitors within an industry to fund the | |
respective marketing order or checkoff program. There are currently 22 checkoff | |
— 305 — | |
| |
Other Major Issues and Specific Recommendations. Although the following | |
issues have not been listed as “priority,” these issues are still extremely important, | |
and the next Administration should address them. | |
Only meat and poultry from federally inspected facilities can be sold in interstate commerce.100 Even meat and poultry from USDA-approved state-inspected | |
facilities may only be sold in intrastate commerce, with limited exceptions. 101 | |
This is despite the fact that states with USDA-approved inspection programs | |
must meet and enforce requirements that are “at least equal to” those imposed | |
under the Federal Meat and Poultry Products Inspection Acts and the Humane | |
Methods of Slaughter Act of 1978.102 This is an unnecessary regulatory barrier | |
that makes it difficult to get meat and poultry into interstate commerce to create | |
more options for consumers and farmers. Legislation entitled the New Markets for State-Inspected Meat and Poultry Act of 2021 would help to remove | |
this obstacle.103 | |
The next Administration should: | |
Mandate for Leadership: The Conservative Promise | |
programs,104 and they focus on research and promotion of commodities such as beef | |
and eggs. Marketing orders cover research and promotion, but also cover issues | |
such as quality regulations and volume controls. The latter issue, volume controls, | |
is a means to restrict supply, which drives up prices for consumers. Fortunately, | |
there are few active volume controls.105 | |
Marketing orders and checkoff programs are some of the most egregious programs run by the USDA. They are, in effect, a tax—a means to compel speech—and | |
government-blessed cartels. Instead of getting private cooperation, they are tools | |
for industry actors to work with government to force cooperation. | |
The next Administration should: | |
| |
l | |
l | |
l | |
Reduce the number and scope of marketing orders and checkoff | |
programs. The USDA should reject any new requests for marketing orders | |
and checkoff programs to the extent authorized by law and eliminate | |
existing programs when possible. While the programs work differently, | |
there are often petition processes and other ways that make it difficult for | |
affected parties to get rid of the marketing orders and checkoff programs,106 | |
and the USDA itself may not even be required to honor requests to | |
terminate a program.107 The USDA should make the process easier. Further, | |
the USDA should reject any effort to bring back volume controls to limit | |
supplies of commodities. | |
Work with Congress to eliminate marketing orders and checkoff | |
programs. These programs should be eliminated, and if industry actors | |
want to collaborate, they should do so through private means, not using the | |
government to compel cooperation. | |
Promote legislation that would require regular votes. There should | |
be regular voting for parties subject to checkoff programs and marketing | |
orders. For example, the voting should occur at least every five years, to | |
determine whether a marketing order or checkoff program should continue. | |
The USDA should be required to honor the results of such a vote. Through | |
regular voting, parties can demonstrate their support for a marketing order | |
or checkoff program and ensure that those administering them will be held | |
accountable. | |
Focus on Trade Policy, Not Trade Promotion. The USDA’s Foreign Agricultural Service (FAS) covers numerous issues, including “trade policy,” which | |
is a reference to removing trade barriers, among other things, to ensure an environment conducive to trade.108 It also covers trade promotion.109 This includes | |
programs like the Market Access Program110 that subsidizes trade associations, | |
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Department of Agriculture | |
businesses, and other private entities to market and promote their products | |
overseas. FAS should play a proactive and leading role to help open upmarkets | |
for American farmers and ranchers. There are numerous barriers, such as sanitary and phytosanitary measures, blocking American agricultural products from | |
gaining access to foreign markets.111 However, FAS should not help businesses and | |
industries promote their exports, something these businesses and industries can | |
and should do on their own. | |
The next Administration should: | |
l | |
Push legislation to repeal export promotion programs. The USDA | |
should work with Congress to repeal market development programs like the | |
Market Access Program and similar programs. | |
l | |
l | |
l | |
Counter scare tactics and remove obstacles. The USDA should strongly | |
counter scare tactics regarding agricultural biotechnology and adopt | |
policies to remove unnecessary barriers to approvals and the adoption of | |
biotechnology. | |
Repeal the federal labeling mandate. The USDA should work with | |
Congress to repeal the federal labeling law, while maintaining federal | |
preemption, and stress that voluntary labeling is allowed. | |
Use all tools available to remove improper trade barriers against | |
agricultural biotechnology. The USDA should work closely with the Office | |
of the United States Trade Representative to remove improper barriers | |
imposed by other countries to block U.S. agricultural goods. | |
— 307 — | |
| |
Remove Obstacles for Agricultural Biotechnology. Innovation is critical to | |
agricultural production and the ability to meet future food needs. The next Administration should embrace innovation and technology, not hinder its use—especially | |
because of scare tactics that ignore sound science. One of the key innovations in | |
agriculture is genetic engineering. According to the USDA, “[C]urrently, over 90 | |
percent of U.S. corn, upland cotton, and soybeans are produced using GE [genetically engineered] varieties.”112 | |
Despite the importance of agricultural biotechnology, in 2016, Congress passed | |
a federal mandate to label genetically engineered food.113 This legislation was arguably just a means to try to provide a negative connotation to GE food. There are | |
other challenges as well for agricultural biotechnology. For example, Mexico plans | |
to ban the importation of U.S. genetically modified yellow corn.114 | |
The next Administration should: | |
| |
Mandate for Leadership: The Conservative Promise | |
Reform Forest Service Wildfire Management. The United States Forest | |
Service is one of four federal government land management agencies that administer 606 million acres, or 95 percent of the 640 million acres of surface land area | |
managed by the federal government.115 Located within the USDA, the Forest Service | |
manages the National Forest System, which is comprised of 193 million acres.116 | |
As explained by the USDA, “The USDA Forest Service’s mission is to sustain the | |
health, diversity, and productivity of the nation’s forests and grasslands to meet | |
the needs of present and future generations.”117 | |
The Forest Service should focus on proactive management of the forests and | |
grasslands that does not depend heavily on burning. There should be resilient | |
forests and grasslands in the wake of management actions. Wildfires have become | |
a primary vegetation management regime for national forests and grasslands.118 | |
Recognizing the need for vegetation management, the Forest Service has adopted | |
“pyro-silviculture” using “unplanned” fire,119 such as unplanned human-caused fires, | |
to otherwise accomplish vegetation management.120 | |
The Forest Service should instead be focusing on addressing the precipitous | |
annual amassing of biomass in the national forests that drive the behavior of | |
wildfires. By thinning trees, removing live fuels and deadwood, and taking other | |
preventive steps, the Forest Service can help to minimize the consequences | |
of wildfires. | |
Increasing timber sales could also play an important role in the effort to change | |
the behavior of wildfire because there would be less biomass. Timber sales and | |
timber harvested in public forests dropped precipitously in the early 1990s and | |
still remain very low. For example, in 1988, the volume of timber sold and harvested | |
by volume was about 11 billion and 12.6 billion board feet (BBF), respectively.121 In | |
2021, timber sold was 2.8 BBF and timber harvested was 2.4 BBF. | |
In 2018, President Donald Trump issued Executive Order 13855 to, among | |
other things, promote active management of forests and reduce wildfire risks.122 | |
The executive order stated, “Active management of vegetation is needed to treat | |
these dangerous conditions on Federal lands but is often delayed due to challenges | |
associated with regulatory analysis and current consultation requirements.”123 It | |
further explained the need to reduce regulatory obstacles to fuel reduction in | |
forests created by the National Environmental Policy Act and the Endangered | |
Species Act.124 | |
The next Administration should: | |
l | |
Champion executive action, consistent with law, and proactive | |
legislation to reduce wildfires. This would involve embracing Executive | |
Order 13855, building upon it, and working with lawmakers to promote | |
active management of vegetation, reduce regulatory obstacles to reducing | |
fuel buildup, and increase timber sales. | |
— 308 — | |
Department of Agriculture | |
l | |
l | |
Work with lawmakers to repeal the Dietary Guidelines. The USDA | |
should help lead an effort to repeal the Dietary Guidelines. | |
Minimally, the next Administration should reform the Dietary | |
Guidelines. The USDA, with HHS, should develop a more transparent | |
process that properly considers the underlying science and does not | |
overstate its findings. It should also ensure that the Dietary Guidelines | |
focus on nutritional issues and do not veer off-mission by focusing on | |
unrelated issues, such as the environment, that have nothing to do with | |
nutritional advice. In fact, if environmental concerns supersede or water | |
down recommendations for human nutritional advice, the public would | |
be receiving misleading health information. The USDA, working with | |
lawmakers, should codify these reforms into law. | |
ORGANIZATIONAL ISSUES | |
Based on the recommended reforms identified as ideal solutions, the USDA | |
would look different in many respects. One of the biggest changes would be a USDA | |
that is not focused on welfare, given that means-tested welfare programs would | |
— 309 — | |
| |
Eliminate or Reform the Dietary Guidelines. The USDA, in collaboration | |
with HHS, publishes the Dietary Guidelines every five years.125 For more than 40 | |
years, the federal government has been releasing Dietary Guidelines,126 and during | |
this time, there has been constant controversy due to questionable recommendations and claims regarding the politicization of the process. | |
In the 2015 Dietary Guidelines process, the influential Dietary Guidelines Advisory Committee veered off mission and attempted to persuade the USDA and HHS | |
to adopt nutritional advice that focused not just on human health, but the health | |
of the planet.127 Issues such as climate change and sustainability infiltrated the | |
process. Fortunately, the 2020 process did not get diverted in this manner. However, the Dietary Guidelines remain a potential tool to influence dietary choices to | |
achieve objectives unrelated to the nutritional and dietary well-being of Americans. | |
There is no shortage of private sector dietary advice for the public, and nutrition | |
and dietary choices are best left to individuals to address their personal needs. This | |
includes working with their own health professionals. As it is, there is constantly | |
changing advice provided by the government, with insufficient qualifications on | |
the advice, oversimplification to the point of miscommunicating important points, | |
questionable use of science, and potential political influence. | |
The Dietary Guidelines have a major impact because they not only can influence | |
how private health providers offer nutritional advice, but they also inform federal | |
programs. School meals are required to be consistent with the guidelines.128 | |
The next Administration should: | |
| |
Mandate for Leadership: The Conservative Promise | |
be moved to HHS. The Food and Nutrition Service that administers the food and | |
nutrition programs would be eliminated. | |
The Farm Service Agency, which administers many of the farm subsidy programs, would be significantly smaller in size if the ideal farm subsidy reforms | |
were adopted. | |
Most important, a conservative USDA, as envisioned, would not be used as a | |
governmental tool to transform the nation’s food system, but instead would respect | |
the importance of efficient agricultural production and ensure that the government | |
does not hinder farmers and ranchers from producing an abundant supply of safe | |
and affordable food. | |
For a conservative USDA to become a reality, and for it to stay on course with | |
the mission as outlined, the White House must strongly support these reforms and | |
install strong USDA leaders. These individuals almost certainly will be faced with | |
opposition from some in the agricultural community who would fight changing | |
subsidies in any fashion, although many of the reforms would likely be embraced | |
by those in agriculture. | |
There would be strong opposition from environmental groups and others who | |
want the federal government to transform American agriculture to meet their ideological objectives. Finally, there would be opposition from left-of-center groups | |
who do not want to reform SNAP and would expand welfare and dependency—such | |
as through universal free school meals—as opposed to reducing dependency. | |
Reducing the scope of government and promoting individual freedom may not | |
always be easy, but it is something that conservatives regularly should strive for. | |
The listed reforms to the U.S. Department of Agriculture would help to accomplish these objectives and are well worth fighting for to achieve a freer and more | |
prosperous nation. | |
CONCLUSION | |
This chapter started with a discussion of the incredible success of American | |
farmers and American agriculture in general. This is how the chapter should close | |
as well. Americans are blessed with an agricultural sector, and a food system in | |
general, which are worthy of incredible respect. A conservative USDA should | |
appreciate this while recognizing that its role is to serve the interests of all Americans, not special interests. By being a champion of unleashing the potential of | |
American agriculture, a conservative USDA would help to ensure a future with | |
an abundant supply of safe and affordable food for individuals and families in the | |
United States and across the globe. | |
AUTHOR’S NOTE: The author would like to thank all the contributors for their assistance, expertise, and insight | |
into the development of this chapter. In addition, special thanks are due to Rachael Wilfong, who was instrumental | |
in getting the chapter ready for submission. | |
— 310 — | |
Department of Agriculture | |
ENDNOTES | |
1. | |
2. | |
3. | |
4. | |
5. | |
6. | |
7. | |
8. | |
9. | |
13. | |
14. | |
15. | |
16. | |
17. | |
— 311 — | |
| |
10. | |
11. | |
12. | |
U.S. Department of Agriculture, Fiscal Year 2023 Budget Summary, p.1, https://www.usda.gov/sites/default/ | |
files/documents/2023-usda-budget-summary.pdf (accessed December 14, 2022). | |
See, for example, U.S. Department of Agriculture, “Transforming the U.S. Food System,” https://www.usda. | |
gov/fst (accessed December 14, 2022). | |
U.S. Department of Agriculture, Fiscal Year 2023 Budget Summary, p.1. | |
U.S. Department of Agriculture, “USDA Celebrates 150 Years,” https://www.usda.gov/our-agency/about-usda/ | |
history (accessed December 16, 2022). | |
The law stated, “[T]here is hereby established at the seat of government of the United States a Department | |
of Agriculture, the general designs and duties of which shall be to acquire and to diffuse among the people | |
of the United States useful information on subjects connected with agriculture in the most general and | |
comprehensive sense of that word, and to procure, propagate, and distribute among the people new and | |
valuable seeds and plants.” Gladys L. Baker et al., Century of Service: The First 100 Years of the United States | |
Department of Agriculture, (Washington, DC: U.S. Government Printing Office, 1963) p. 13, https://babel. | |
hathitrust.org/cgi/pt?id=uc1.b4254098&view=1up&seq=33 (accessed December 16, 2022). | |
U.S. Department of Agriculture, Fiscal Year 2023 Budget Summary, p. 2. | |
Ibid., p. 2. | |
U.S. Department of Agriculture, Strategic Plan: Fiscal Years 2022–2026, p. 3, https://www.usda.gov/sites/ | |
default/files/documents/usda-fy-2022-2026-strategic-plan.pdf (accessed December 14, 2022). | |
News release, “USDA Announces Framework for Shoring Up the Food Supply Chain and Transforming the | |
Food System to Be Fairer, More Competitive, More Resilient,” U.S. Department of Agriculture, June 1, 2022, | |
https://www.usda.gov/media/press-releases/2022/06/01/usda-announces-framework-shoring-food-supplychain-and-transforming (accessed December 14, 2022). | |
U.S. Department of Agriculture, “Transforming the U.S. Food System.” | |
U.S. Department of Agriculture, Strategic Plan: Fiscal Years 2022–2026, pp. 1–2. | |
U.S. Department of Agriculture, “Background on the U.S. Approach to the 2021 UN Food Systems Summit,” | |
August 4, 2021, https://www.usda.gov/sites/default/files/documents/Background-on-US-approach-2021-UNFood-Systems-Summit.pdf (accessed December 14, 2022). | |
U.S. Department of Agriculture, “UN Food Systems Summit,” https://www.usda.gov/oce/sustainability/unsummit (accessed December 14, 2022). | |
Mark Bittman et al., “How a National Food Policy Could Save Millions of American Lives,” The Washington | |
Post, November 7, 2014, https://www.washingtonpost.com/opinions/how-a-national-food-policy-couldsave-millions-of-american-lives/2014/11/07/89c55e16-637f-11e4-836c-83bc4f26eb67_story.html (accessed | |
December 14, 2022); Daren Bakst and Gabriella Beaumont-Smith, “No, We Don’t Need to Transform the | |
American Food System,” The Daily Signal, February 26, 2021, https://www.dailysignal.com/2021/02/26/ | |
no-we-dont-need-to-transform-the-american-food-system/ (accessed December 14, 2022); and Daren | |
Bakst, “Biden’s Food Conference Should Put People First, Not Environmental Extremism,” The Daily Signal, | |
September 22, 2022, https://www.dailysignal.com/2022/09/22/bidens-food-conference-should-put-peoplefirst-not-environmental-extremism/ (accessed December 14, 2022). | |
News release, “USDA to Invest Up to $300 Million in New Organic Transition Initiative,” U.S. Department of | |
Agriculture, August 22, 2022, https://www.usda.gov/media/press-releases/2022/08/22/usda-invest-300million-new-organic-transition-initiative (accessed December 14, 2022). | |
Gary Baise, “Sri Lanka’s Green New Deal Was a Disaster,” Farm Futures, November 14, 2022, https://www. | |
farmprogress.com/commentary/sri-lankas-green-new-deal-was-disaster (accessed December 16, 2022). | |
See, for example, Catherine Greene et al., “Growing Organic Demand Provides High-Value Opportunities for Many | |
Types of Producers,” Economic Research Service, U.S. Department of Agriculture, February 6, 2017, https://www. | |
ers.usda.gov/amber-waves/2017/januaryfebruary/growing-organic-demand-provides-high-value-opportunitiesfor-many-types-of-producers/#:~:text=ERS%20research%20shows%20that%20many,flavor%20desired%20 | |
by%20the%20consumer (accessed December 14, 2022), and Andrea Carlson, “Investigating Retail Price Premiums | |
for Organic Foods,” Economic Research Service, U.S. Department of Agriculture, May 24, 2016, https://www.ers. | |
usda.gov/amber-waves/2016/may/investigating-retail-price-premiums-for-organic-foods/ (accessed December | |
16, 2022). Further, there are many myths, such as those regarding the alleged health benefit of organic food. One | |
| |
Mandate for Leadership: The Conservative Promise | |
meta study found that “[t]he published literature lacks strong evidence that organic foods are significantly more | |
nutritious than conventional foods.” Crystal Smith-Spangler et al., “Are Organic Foods Safer or Healthier Than | |
Conventional Alternatives,” Annals of Internal Medicine, Vol. 157, No. 5 (September 4, 2012), pp. 348–366, https:// | |
www.acpjournals.org/doi/epdf/10.7326/0003-4819-157-5-201209040-00007 (accessed December 16, 2022). | |
18. Steve Savage, “USDA Data Confirm Organic Yields Significantly Lower Than With Conventional Farming,” | |
Genetic Literacy Project, February 16, 2018, https://geneticliteracyproject.org/2018/02/16/usda-data-confirmorganic-yields-dramatically-lower-conventional-farming/ (accessed December 16, 2022). | |
19. See, for example, U.S. Department of Agriculture, “Notice: Climate-Smart Agriculture and Forestry | |
Partnership Program, Request for Comments,” USDA–2021–0010, October 21, 2021, https://www.regulations. | |
gov/document/USDA-2021-0010-0001 (accessed December 16, 2022). | |
20. Inflation Reduction Act of 2022, Public Law 117–169. | |
21. U.S. Department of Agriculture, Economic Research Service, “Productivity Growth in U.S. Agriculture | |
(1948–2019),” https://www.ers.usda.gov/data-products/agricultural-productivity-in-the-u-s/productivitygrowth-in-u-s-agriculture-1948-2019/ (accessed December 14, 2022). | |
22. U.S. Department of Agriculture, Economic Research Service, “Total Food Budget Share Increased from 9.4 | |
Percent of Disposable Income to 10.3 Percent in 2021,” July 15, 2022, https://www.ers.usda.gov/data-products/ | |
chart-gallery/gallery/chart-detail/?chartId=76967 (accessed December 14, 2022). | |
23. U.S. Department of Labor, Bureau of Labor Statistics, “Quintiles of Income Before Taxes: Annual Expenditure | |
Means, Shares, and Standard Errors, and Coefficients of Variation, Consumer Expenditure Surveys,” 2021, | |
Table 1101, https://www.bls.gov/cex/tables/calendar-year/mean-item-share-average-standard-error/cuincome-quintiles-before-taxes-2021.pdf (accessed December 16, 2022), and Daren Bakst and Patrick Tyrrell, | |
“Big Government Policies That Hurt the Poor and How to Address Them,” Heritage Foundation Special Report | |
No.176, April 5, 2017, p. 7, https://www.heritage.org/sites/default/files/2017-04/SR176.pdf. | |
24. Daren Bakst and Joshua Sewell, “Congress Should Stop Abrogating Its Spending Power and Rein in the USDA | |
Slush Fund,” Heritage Foundation Issue Brief No. 6052, February 19, 2021, p. 2, https://www.heritage.org/ | |
budget-and-spending/report/congress-should-stop-abrogating-its-spending-power-and-rein-the-usda. | |
25. Commodity Credit Corporation Charter Act of 1948, Public Law 80–806. | |
26. Bakst and Sewall, “Congress Should Stop Abrogating Its Spending Power.” | |
27. Ibid., p. 3. | |
28. Daren Bakst, “Comment from Bakst, Darren” on “Notice: Climate-Smart Agriculture and Forestry Partnership | |
Program, Request for Comments,” USDA–2021–0010, October 21, 2021,” November 1, 2021, https://www. | |
regulations.gov/document/USDA-2021-0010-0001/comment?filter=bakst (accessed December 16, 2022). | |
29. U.S. Department of Agriculture, “Notice: Climate-Smart Agriculture and Forestry Partnership Program.” | |
30. Megan Stubbs, “The Commodity Credit Corporation (CCC),” Congressional Research Service Report for | |
Congress, updated January 14, 2021, https://crsreports.congress.gov/product/pdf/R/R44606 (accessed | |
December 16, 2022). | |
31. “Overall, 34 percent of all farms reported receiving some type of Government payment in 2021,” and “[o]verall, | |
14 percent of U.S. farms participated in Federal crop insurance programs.” Christine Whitt, Noah Miller, and | |
Ryan Olver, “America’s Farms and Ranches at a Glance: 2022 Edition,” U.S. Department of Agriculture, | |
Economic Research Service, pp. 24 and 26, https://www.ers.usda.gov/webdocs/publications/105388/eib-247. | |
pdf?v=527.4 (accessed March 18, 2023). This data, which apparently does not cover crop insurance, included | |
payments beyond just commodity payments, such as conservation payments. | |
32. Randy Schnepf, “Farm Safety-Net Payments Under the 2014 Farm Bill: Comparison by Program Crop,” | |
Congressional Research Service Report for Congress, August 11, 2017, https://fas.org/sgp/crs/misc/R44914.pdf | |
(accessed December 14, 2022). | |
33. Although livestock and specialty crop producers do receive some subsidies, former American Farm Bureau | |
Federation President Bob Stallman captured the subsidy issue well. He “dismisse[d] outright the claim that | |
farmers couldn’t survive without subsidy money. ‘Why does the livestock industry survive without subsidies?’ | |
he ask[ed]. ‘Why does the specialty crop [fruit and vegetable] industry survive?’” Tamar Haspel, “Why Do | |
Taxpayers Subsidize Rich Farmers?” The Washington Post, March 15, 2018, https://www.washingtonpost. | |
com/lifestyle/food/why-do-taxpayers-subsidize-rich-farmers/2018/03/15/50e89906-27b6-11e8-b79df3d931db7f68_story.html (accessed March 18, 2023). | |
— 312 — | |
Department of Agriculture | |
— 313 — | |
| |
34. U.S. Department of Agriculture, Farm Service Agency, “ARC/PLC Program,” https://www.fsa.usda.gov/ | |
programs-and-services/arcplc_program/index (accessed December 16, 2022). | |
35. Ibid. | |
36. U.S. Department of Agriculture, Economic Research Service, “Crop Insurance at a Glance,” May 31, 2022, | |
https://www.ers.usda.gov/topics/farm-practices-management/risk-management/crop-insurance-at-a-glance/ | |
(accessed December 16, 2022). | |
37. U.S. Department of Agriculture, “Agriculture Risk Coverage (ALC) & Price Loss Coverage (PLC),” Farm | |
Service Agency Fact Sheet, August 2019, https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/ | |
FactSheets/2019/arc-plc_overview_fact_sheet-aug_2019.pdf (accessed December 16, 2022). | |
38. See, for example, U.S Department of Agriculture, Farm Service Agency, Agriculture Risk Coverage and Price | |
Loss Coverage Handbook, last amended October 5, 2020, https://www.fsa.usda.gov/Internet/FSA_File/1arcplc_r01_a10.pdf (accessed March 18, 2023); Mesbah Motamed, “Federal Commodity Programs Price Loss | |
Coverage and Agriculture Risk Coverage Address Price Yield Risks Faced by Producers,” U.S. Department | |
of Agriculture, Economic Research Service, August 6, 2018, https://www.ers.usda.gov/amber-waves/2018/ | |
august/federal-commodity-programs-price-loss-coverage-and-agriculture-risk-coverage-address-priceand-yield-risks-faced-by-producers/ (accessed March 18, 2023); and Taxpayers for Common Sense, “Shallow | |
Loss Agriculture Programs 101,” https://www.taxpayer.net/agriculture/shallow-loss-agriculture-programs-101/ | |
(accessed March 18, 2023). | |
39. Ibid. | |
40. Stephanie Rosch, “Federal Crop Insurance: A Primer,” Congressional Research Service Report for Congress, | |
February 18, 2021, p. 1, https://crsreports.congress.gov/product/pdf/R/R46686 (December 14, 2021). | |
41. Congressional Budget Office, Options for Reducing the Deficit, 2023 to 2032: Volume II; Smaller Reductions, | |
December 2022, p. 6, https://www.cbo.gov/system/files/2022-12/58163-budget-options-small-effects.pdf | |
(accessed December 14, 2022). | |
42. Rosch, “Federal Crop Insurance: A Primer,” p. 17. | |
43. “Farm Bill Primer: Sugar Program,” Congressional Research Service In Focus, updated May 15, 2018, https:// | |
www.everycrsreport.com/files/2018-05-15_IF10689_42900e56be67f5cfa17e40953ad9acb54561d3db.pdf | |
(accessed December 16, 2022). | |
44. See, for example, Agralytica, “Economic Effects of the Sugar Program Since the 2008 Farm Bill & Policy | |
Implications for the 2013 Farm Bill,” June 3, 2013, p. 1, https://fairsugarpolicy.org/wordpress/wp-content/ | |
uploads/2018/03/AgralyticaEconomicEffectsPaperJune2013.pdf (accessed December 16, 2022). | |
45. U.S. Department of Labor, “Quintiles of Income Before Taxes,” and Bakst and Tyrrell, “Big Government Policies | |
That Hurt the Poor and How to Address Them.” | |
46. Congressional Budget Office, Options for Reducing the Deficit, 2023 to 2032, p. 3. See also Congressional | |
Budget Office, “Reduce Subsidies in the Crop Insurance Program,” in Congressional Budget Office, “Options | |
for Reducing the Deficit: 2021 to 2030,” December 9, 2020, https://www.cbo.gov/budget-options/56815 | |
(accessed December 14, 2022). | |
47. Congressional Budget Office, Options for Reducing the Deficit, 2023 to 2032, p. 6. | |
48. “Reduce Premium Subsidies in the Federal Crop Insurance Program,” Budget Blueprint for Fiscal Year 2023, | |
https://www.heritage.org/budget/pages/recommendations/2.350.171.html. | |
49. Congressional Budget Office, “Reduce Subsidies in the Crop Insurance Program.” | |
50. Ibid. | |
51. Congressional Budget Office, Options for Reducing the Deficit, 2023 to 2032, p. 6. | |
52. U.S. Department of Agriculture, Food and Nutrition Service, “Center for Nutrition Policy and Promotion | |
(CNPP),” https://www.fns.usda.gov/cnpp (accessed December 16, 2022), and U.S. Department of | |
Agriculture, “About CNPP,” Food and Nutrition Service, https://www.fns.usda.gov/about-cnpp (accessed | |
December 16, 2022). | |
53. Dietary Guidelines for Americans, “Purpose of the Dietary Guidelines,” https://www.dietaryguidelines.gov/ | |
about-dietary-guidelines/purpose-dietary-guidelines (accessed December 16, 2022). | |
54. Robert Rector and Vijay Menon, “Understanding the Hidden $1.1 Trillion Welfare System and How to Reform | |
It,” Heritage Foundation Backgrounder No. 3294, April 5, 2018, https://www.heritage.org/welfare/report/ | |
understanding-the-hidden-11-trillion-welfare-system-and-how-reform-it. | |
| |
Mandate for Leadership: The Conservative Promise | |
55. U.S. Department of Agriculture, “SNAP Data Tables,” Food and Nutrition Service, December 9, 2022, https:// | |
www.fns.usda.gov/pd/supplemental-nutrition-assistance-program-snap (accessed December 16, 2022). | |
56. Ibid. | |
57. U.S. Department of Agriculture, Food and Nutrition Service, “SNAP Work Requirements,” May 2019, https:// | |
www.fns.usda.gov/snap/work-requirements#:~:text=Work%20at%20least%2080%20hours,least%2080%20 | |
hours%20a%20month (accessed December 16, 2022). | |
58. 7 U.S. Code § 2015, https://www.law.cornell.edu/uscode/text/7/2015 (accessed December 16, 2022). | |
59. Ibid. | |
60. 7 U.S. Code § 2015(o)(4). The USDA has approved nearly all waivers under the “lack of sufficient jobs” option. | |
61. Federal Register, Vol. 84, No. 234 (December 5, 2019) p. 66782, https://www.govinfo.gov/content/pkg/FR2019-12-05/pdf/2019-26044.pdf (accessed December 14, 2022). | |
62. Ibid., p. 66795. | |
63. Ibid., pp. 66807–66810. | |
64. District of Columbia, et al. v. U.S. Department of Agriculture, 496 F. Supp. 3d 213 (2020), https://oag.dc.gov/ | |
sites/default/files/2020-10/SNAP-ABAWD-Opinion.pdf (accessed December 16, 2022). | |
65. Ibid. On December 16, 2020, the Trump Administration appealed the District Court decision. See, for example, | |
News release “Fudge Slams Administration for Appealing ABAWD Ruling,” House Committee on Agriculture, | |
December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069 (accessed | |
December 16, 2022). | |
66. News release, “Statement by Agriculture Secretary Tom Vilsack on D.C. Circuit Court’s Decision | |
Regarding ABAWDs Rule,” U.S. Department of Agriculture, March 24, 2021, https://www.usda.gov/media/ | |
press-releases/2021/03/24/statement-agriculture-secretary-tom-vilsack-dc-circuit-courts (accessed | |
December 16, 2022). | |
67. U.S. Department of Agriculture, “SNAP Employment and Training Screening and Referral Guidance,” July 13, | |
2022, https://www.fns.usda.gov/snap/et-screening-and-referral-guidance (accessed December 16, 2022). | |
68. U.S. Department of Agriculture, Food and Nutrition Service, “Regulatory Reform at a Glance: Proposed Rule; | |
Revision of SNAP Categorical Eligibility,” July 2019, https://www.usda.gov/sites/default/files/documents/ | |
BBCE_Fact_Sheet_%28FINAL%29_72219-PR.pdf (accessed December 14, 2022). | |
69. 7 Code of Federal Regulations § 273.8 (1978), https://www.law.cornell.edu/cfr/text/7/273.8 (accessed | |
December 16, 2022). | |
70. Kristina Rasmussen, “How Millionaires Collect Food Stamps,” Wall Street Journal, January 15, 2018, https:// | |
www.wsj.com/articles/how-millionaires-collect-food-stamps-1516044026 (accessed December 14, 2022). | |
71. 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-nutritionassistance-program-snap (accessed December 14, 2022). | |
72. News release, “USDA Modernizes the Thrifty Food Plan, Updates SNAP Benefits,” U.S. Department of | |
Agriculture, August 16, 2021, https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizesthrifty-food-plan-updates-snap- (accessed December 14, 2022). | |
73. Phillip L. Swagel, Director, Congressional Budget Office, letter to Congressman Jason Smith, June 23, 2022, p. | |
2, https://www.cbo.gov/system/files/2022-06/58231-Smith.pdf (accessed December 14, 2022). | |
74. Congressional Budget Office, “H.R. 2, as Passed by the House of Representatives and as Passed by the Senate,” | |
July 24, 2018, https://www.cbo.gov/publication/54284 (accessed December 16, 2022). | |
75. News release, “Republican AG Committee Leadership Urge GAO Review of USDA Thrifty Food Plan Scheme,” | |
U.S. House Committee on Agriculture, August 13, 2021, https://republicans-agriculture.house.gov/news/ | |
documentsingle.aspx?DocumentID=7013 (accessed December 14, 2022). | |
76. “The 2014 Farm Bill: Changing the Tradition of LIHEAP Receipt in the Calculation of SNAP Benefits,” updated | |
February 12, 2014, Congressional Research Service Report for Congress R42591, https://crsreports.congress. | |
gov/product/pdf/R/R42591/24 (accessed March 18, 2023). | |
77. Federal Register, Vol. 84, No. 192 (October 3, 2019), pp. 52809–52815, https://www.govinfo.gov/content/pkg/ | |
FR-2019-10-03/pdf/2019-21287.pdf (accessed December 16, 2022). | |
78. U.S. Department of Agriculture, “Special Supplemental Nutrition Program for Women, Infants, and Children | |
(WIC) Data Series, 2018 to 2022,” https://www.fns.usda.gov/pd/wic-program (accessed December 14, 2022). | |
— 314 — | |
Department of Agriculture | |
— 315 — | |
| |
79. U.S. Department of Agriculture, Food and Nutrition Service, “WIC Data Tables,” December 9, 2022, https:// | |
www.fns.usda.gov/pd/wic-program (accessed December 16, 2022). | |
80. U.S. Food and Drug Administration, “Regulations and Information on the Manufacture and Distribution of | |
Infant Formula,” May 16, 2022, https://www.fda.gov/food/infant-formula-guidance-documents-regulatoryinformation/regulations-and-information-manufacture-and-distribution-infant-formula (accessed | |
December 14, 2022). | |
81. U.S. Department of Agriculture, Food and Nutrition Service, “History of the National School Lunch Program,” | |
January 17, 2008, https://www.fns.usda.gov/nslp/program-history (accessed December 14, 2022). | |
82. U.S. Department of Agriculture, Food and Nutrition Service, “School Breakfast Program History,” July 24, | |
2013, https://www.fns.usda.gov/sbp/program-history (accessed December 14, 2022), and U.S. Department of | |
Agriculture, Food and Nutrition Service, “History of the National School Lunch Program.” | |
83. Crystal FitzSimons, “Free School Meals for All Is the Key to Supporting Education and Health Outcomes,” | |
Journal of Policy Analysis and Management, Vol 41, No. 1 (2022), pp. 358–364, https://econpapers.repec.org/ | |
article/wlyjpamgt/v_3a41_3ay_3a2022_3ai_3a1_3ap_3a358-364.htm (accessed December 14, 2022). | |
84. Jonathan Butcher and Vijay Menon, “Returning to the Intent of Government School Meals: Helping Students | |
in Need,” Heritage Foundation Backgrounder No. 3399, March 22, 2019, https://www.heritage.org/sites/ | |
default/files/2019-03/BG3399.pdf. | |
85. Daren Bakst and Jonathan Butcher, “A Critical Fix to the Federal Overreach on School Meals,” Heritage | |
Foundation Issue Brief No. 4976, July 11, 2019, https://www.heritage.org/hunger-and-food-programs/report/ | |
critical-fix-the-federal-overreach-school-meals. | |
86. Ibid., and U.S. Department of Agriculture, Food and Nutrition Service, “Community Eligibility Provision,” April | |
19, 2019, https://www.fns.usda.gov/cn/community-eligibility-provision (accessed December 16, 2022). | |
87. See Payment Accuracy, https://www.paymentaccuracy.gov/ (accessed December 16, 2022). | |
88. Payment Accuracy, “Payment Integrity Scorecard,” https://www.cfo.gov/wp-content/uploads/2022/Q3/ | |
FNS%20National%20School%20Lunch%20Program%20(NSLP)%20Payments%20Integrity%20Scorecard%20 | |
FY%202022%20Q3.pdf (accessed December 14, 2022). | |
89. U.S. Government Accountability Office, “School Meals Programs: USDA Has Reported Taking Some Steps to | |
Reduce Improper Payments But Should Comprehensively Assess Fraud Risks,” GAO–19–389, May 21, 2022, | |
https://www.gao.gov/products/gao-19-389 (accessed December 14, 2022). | |
90. Payment Accuracy, “Payment Integrity Scorecard.” | |
91. White House, “Fact Sheet: The American Families Plan,” April 28, 2021, https://www.whitehouse.gov/ | |
briefing-room/statements-releases/2021/04/28/fact-sheet-the-american-families-plan/ (accessed | |
December 14, 2022). | |
92. Universal School Meals Program Act of 2021, S. 1530, 117th Cong., 1st Sess., https://www.congress.gov/ | |
bill/117th-congress/senate-bill/1530 (accessed December 14, 2022). | |
93. See, for example, U.S. Department of Agriculture, “Find Meals for Kids When Schools Are Closed,” Food and | |
Nutrition Service, September 22, 2022, https://www.fns.usda.gov/meals4kids (accessed December 16, 2022), | |
and U.S. Department of Agriculture, Food and Nutrition Service, “Seamless Summer and Other Options for | |
School,” July 16, 2013, https://www.fns.usda.gov/sfsp/seamless-summer-and-other-options-schools (accessed | |
December 16, 2022). | |
94. Tom Driscoll, “From the Field: Farmers Are the Original Conservationists,” National Farmers Union, August | |
30, 2017, https://nfu.org/2017/08/30/from-the-field-farmers-are-the-original-conservationists/ (accessed | |
December 16, 2022). | |
95. U.S. Department of Agriculture, Farm Service Agency, “Conservation Programs,” https://www.fsa.usda.gov/ | |
programs-and-services/conservation-programs/index (accessed December 16, 2022), and U.S. Department of | |
Agriculture, Natural Resources Conservation Service, “Programs and Initiatives,” https://www.nrcs.usda.gov/ | |
programs-initiatives (accessed December 16, 2022). | |
96. U.S. Department of Agriculture, Farm Service Agency, “Conservation Reserve Program: About the | |
Conservation Reserve Program (CRP),” https://www.fsa.usda.gov/programs-and-services/conservationprograms/conservation-reserve-program/ (accessed December 16, 2022). | |
| |
Mandate for Leadership: The Conservative Promise | |
97. American Bakers Association et al., letter to U.S. Department of Agriculture Secretary Tom Vilsack, March 23, | |
2022, https://www.dropbox.com/s/yfyv04ilkom11zd/USDA%20Letter%20to%20Secretary%20Vilsack%20on%20 | |
Tools%20to%20Address%20Global%20Commodity%20Supply%20Challenges%203.23.22_.pdf?dl=0 (accessed | |
December 15, 2022). It is also necessary to increase food production to mitigate high food inflation. Approximately | |
25 percent of idled land is considered prime farmland. Therefore, one-quarter of idled land is merely idling, | |
not producing food—and this does not include other land that may viably be used for food production. The | |
Conservation Reserve Program should be eliminated. There are also two issues connected to property rights and | |
fairness that should be addressed: challenging NRCS determinations and problems with USDA easements. To be | |
eligible for many USDA programs, farmers must comply with certain conservation provisions enforced by NRCS. | |
Conservation compliance of wetlands and highly erodible lands consist of federal restrictions that prevent farmers | |
from using parts of their property. If farmers plant crops or modify the areas federal officials deem protected, | |
farmers can lose all access to USDA programs and support. For farmers, there are real, practical concerns to | |
challenging NRCS determinations, including the time and costs of challenging the federal bureaucracy. NRCS is | |
empowered to declare areas wetlands and highly erodible areas, which are therefore off limits for farming. If these | |
wetland-or-erodible-declared areas are used in a manner deemed unacceptable by federal officials, NRCS may | |
revoke access to federal resources and subsidies by making technical determinations that carry potential penalties. | |
There must be a fair and reasonable process for farmers to challenge such actions. See Daren Bakst, “Food Price | |
Inflation Continues to Worsen. Here’s What Should Be Done About It,” The Daily Signal, April 25, 2022, https:// | |
www.dailysignal.com/2022/04/25/food-price-inflation-continuing-to-worsen-heres-what-should-be-doneabout-it/ (accessed December 15, 2022); American Bakers Association et.al., letter to Vilsack; U.S. Department of | |
Agriculture, Natural Resources Conservation Service, “Conservation Compliance Appeals Process,” https://www. | |
nrcs.usda.gov/getting-assistance/compliance/conservation-compliance-appeals-process (accessed December 15, | |
2022); and Chris Bennett, “Regulatory Hell: Farmer and Veteran Wins 10-Year Wetlands Fight With Government,” | |
AG Web, August 30, 2021, https://www.agweb.com/news/crops/crop-production/regulatory-hell-farmer-andveteran-wins-10-year-wetlands-fight (accessed December 15, 2022). | |
98. Fortunately, there are already resources available to help states establish their own wetlands conservation | |
programs. One particular example, the American Legislative Exchange Council’s Wetlands Mapping and | |
Protection Act model policy, is available for states to define the procedures, guidelines, and administration of | |
wetlands programs. American Legislative Exchange Council, “Wetlands Mapping and Protection Act,” November | |
16, 2017, https://alec.org/model-policy/wetlands-mapping-and-protection-act/ (accessed December 16, 2022). The | |
new Administration should focus on best practices instead of imposing prescriptive federal practices. It should | |
support the policies contained within the “NRCS Wetland Compliance and Appeals Reform Act” and modify NRCS | |
compliance rules to protect farmers and ranchers by adding protections against regulatory overreach—such as | |
banning the practice of re-engaging farmers in new technical determinations appeals processes for the same | |
areas of their farms. See NRCS Wetland Compliance and Appeals Reform Act, S. 4931, 117th Cong., 2nd Sess., | |
https://www.congress.gov/bill/117th-congress/senate-bill/4931?s=1&r=8 (accessed December 15, 2022). | |
99. Ibid | |
100. See, for example, Daren Bakst and Jeremy Dalrymple, “Reducing Federal Barriers for the Sale of Meat,” | |
Heritage Foundation Issue Brief No. 5078, June 1, 2020, https://www.heritage.org/agriculture/report/ | |
reducing-federal-barriers-the-sale-meat, and U.S. Department of Agriculture, Food Safety and Inspection | |
Service, “State Inspection Programs,” updated January 12, 2023, https://www.fsis.usda.gov/inspection/stateinspection-programs (accessed December 15, 2022). | |
101. U.S. Department of Agriculture, Food Safety and Inspection Service, “Cooperative Interstate Shipping | |
Program,” September 7, 2022, https://www.fsis.usda.gov/inspection/state-inspection-programs/cooperativeinterstate-shipping-program (accessed December 15, 2022). | |
102. U.S. Department of Agriculture, “State Inspection Programs.” | |
103. The Senate bill removes obstacles for both meat and poultry. The House version does not appear to cover | |
poultry. New Markets for State-Inspected Meat and Poultry Act of 2021, S. 107, 117th Cong., 1st Sess., https:// | |
www.congress.gov/bill/117th-congress/senate-bill/107#:~:text=This%20bill%20allows%20meat%20and,be%20 | |
sold%20in%20interstate%20commerce (accessed December 15, 2022), and Expanding Markets for StateInspected Meat Processors Act of 2021, H.R. 1998, 117th Cong., 1st Sess., https://www.congress.gov/bill/117thcongress/house-bill/1998 (accessed December 15, 2022). | |
— 316 — | |
Department of Agriculture | |
— 317 — | |
| |
104. U.S. Department of Agriculture, Agricultural Marketing Service, “Specialty Crops Marketing Orders & | |
Agreements,” https://www.ams.usda.gov/rules-regulations/moa/fv (accessed December 15, 2022). | |
105. See, for example, U.S. Department of Agriculture, Agricultural Marketing Service, “Commodities Covered | |
by Marketing Orders,” https://www.ams.usda.gov/rules-regulations/moa/commodities (accessed March | |
18, 2023), and Elayne Allen and Darren Bakst, “How the Government Is Mandating Food Waste,” August 19, | |
2016, https://www.dailysignal.com/2016/08/19/how-the-government-is-mandating-food-waste/ (accessed | |
March 18, 2023). | |
106. U.S. Department of Agriculture, Agricultural Marketing Service, “Frequently Asked Questions Regarding the | |
Beef Checkoff Program Petition Process,” https://www.ams.usda.gov/rules-regulations/research-promotion/ | |
beef/petition (accessed December 16, 2022); “Beef Producers: Do You Want to Vote on the Checkoff?” Beef | |
Magazine, July 28, 2020, https://www.beefmagazine.com/marketing/beef-producers-do-you-want-votecheckoff (accessed December 16, 2022); and Steve White, “Group Seeking Beef Checkoff Referendum Asks for | |
Access to Producer Database,” Nebraska TV, May 4, 2021, https://nebraska.tv/news/ntvs-grow/group-seekingbeef-checkoff-referendum-asks-for-access-to-producer-database (accessed December 16, 2022). As reported, | |
“There has not been a referendum of the mandatory National Beef Checkoff Program in 35 years.” | |
107. See, for example, Federal Register, Vol. 86, No. 213 (November 8, 2021), p. 61718, https://www.govinfo.gov/ | |
content/pkg/FR-2021-11-08/pdf/2021-24301.pdf (accessed December 16, 2022). | |
108. U.S. Department of Agriculture, Foreign Agricultural Service, “Topics,” https://www.fas.usda.gov/topics | |
(accessed December 15, 2022). | |
109. Ibid. | |
110. U.S. Department of Agriculture, Foreign Agricultural Service, “Market Access Program (MAP),” https://www.fas. | |
usda.gov/programs/market-access-program-map (accessed December 16, 2022). | |
111. To learn about trade barriers for food and agricultural products, see, for example, News release, “USTR | |
Releases 2022 National Trade Estimate Report on Foreign Trade Barriers,” Office of the U.S. Trade | |
Representative, March 31, 2022, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/ | |
march/ustr-releases-2022-national-trade-estimate-report-foreign-trade-barriers (accessed | |
December 16, 2022). | |
112. U.S. Department of Agriculture, Economic Research Service, “Recent Trends in GE Adoption,” September 14, | |
2022, https://www.ers.usda.gov/data-products/adoption-of-genetically-engineered-crops-in-the-u-s/recenttrends-in-ge-adoption/ (accessed December 15, 2022). | |
113. National Bioengineered Food Disclosure Standard, Public Law 114–216. | |
114. Noi Mahoney, “Trade Dispute Arising Over Mexico’s Plan to Block Imports of Genetically Modified Corn,” | |
Freight Waves, November 22, 2022, https://www.freightwaves.com/news/trade-dispute-arising-overmexicos-plan-to-block-imports-of-gm-corn (accessed December 15, 2022), and News release, “Grassley, Ernst, | |
Urge USTR to Intervene In Mexico’s Ban on American Corn,” Office of Chuck Grassley, November 14, 2022, | |
https://www.grassley.senate.gov/news/news-releases/grassley-ernst-urge-ustr-to-intervene-in-mexicos-banon-american-corn (accessed December 15, 2022). | |
115. “The Federal Land Management Agencies,” Congressional Research Service In Focus, updated February 16, | |
2021, https://sgp.fas.org/crs/misc/IF10585.pdf (accessed December 16, 2022). | |
116. Ibid. | |
117. U.S. Department of Agriculture, U.S. Forest Service, Fiscal Year 2023: Budget Justification, March 2022, p. 1, | |
https://www.usda.gov/sites/default/files/documents/30a-2023-FS.pdf (accessed December 16, 2022). | |
118. Forests and Rangelands, The National Strategy: The Final Phase in the Development of the National Cohesive | |
Wildland Fire Management Strategy, April 2014, https://www.forestsandrangelands.gov/documents/strategy/ | |
strategy/CSPhaseIIINationalStrategyApr2014.pdf (accessed December 16, 2022). | |
119. U.S. Department of Agriculture, U.S. Forest Service, “Unplanned Fires,” https://www.fs.usda.gov/detail/inyo/ | |
landmanagement/resourcemanagement/?cid=stelprd3804071 (accessed December 16, 2022). | |
120. See, for example, Sherry Devlin, “A Conversation with Jim Hubbard: Unplanned Wildfires Rule West’s | |
Forests,” TreeSource, March 28, 2017, https://treesource.org/news/lands/jim-hubbard-forest-service-wildfires/ | |
(accessed December 16, 2022). | |
Mandate for Leadership: The Conservative Promise | |
| |
121. U.S. Department of Agriculture, U.S. Forest Service, “FY 1905–2021 National Summary Cut and Sold Data | |
Graphs,” https://www.fs.usda.gov/forestmanagement/documents/sold-harvest/documents/1905-2021_Natl_ | |
Summary_Graph_wHarvestAcres.pdf (accessed December 16, 2022), and U.S. Department of Agriculture, U.S. | |
Forest Service, “Forest Products Cut and Sold from the National Forests and Grasslands,” https://www.fs.usda. | |
gov/forestmanagement/products/cut-sold/index.shtml (accessed December 16, 2022). | |
122. Donald J. Trump, “Promoting Active Management of America’s Forests, Rangelands, and Other Federal Lands | |
to Improve Conditions and Reduce Wildfire Risk,” Executive Order 13855, December 21, 2018, https://www. | |
govinfo.gov/content/pkg/DCPD-201800866/pdf/DCPD-201800866.pdf (accessed December 16, 2022). | |
123. Ibid. | |
124. Ibid. | |
125. Dietary Guidelines for Americans, https://www.dietaryguidelines.gov/ (accessed December 16, 2022). | |
126. Dietary Guidelines for Americans, “History of the Dietary Guidelines,” https://www.dietaryguidelines.gov/ | |
about-dietary-guidelines/history-dietary-guidelines (accessed December 16, 2022). | |
127. Daren Bakst, “Extreme Environmental Agenda Hijacks Dietary Guidelines: Comment to the Advisory | |
Committee,” The Daily Signal, July 17, 2014, https://www.dailysignal.com/2014/07/17/extreme-environmentalagenda-hijacks-dietary-guidelines-comment-advisory-committee/ (accessed December 16, 2022). | |
128. Healthy, Hunger-Free Kids Act of 2010, S. 3307, 111th Cong., 2nd Sess., https://www.congress.gov/bill/111thcongress/senate-bill/3307/text (accessed December 16, 2022), and Dietary Guidelines for Americans, “Current | |
Dietary Guidelines,” https://www.dietaryguidelines.gov/usda-hhs-development-dietary-guidelines (accessed | |
December 16, 2022). | |
— 318 — | |
11 | |
DEPARTMENT OF | |
EDUCATION | |
Lindsey M. Burke | |
MISSION | |
— 319 — | |
| |
Federal education policy should be limited and, ultimately, the federal Department of Education should be eliminated. When power is exercised, it should | |
empower students and families, not government. In our pluralistic society, families and students should be free to choose from a diverse set of school options and | |
learning environments that best fit their needs. Our postsecondary institutions | |
should also reflect such diversity, with room for not only “traditional” liberal arts | |
colleges and research universities but also faith-based institutions, career schools, | |
military academies, and lifelong learning programs. | |
Elementary and secondary education policy should follow the path outlined | |
by Milton Friedman in 1955, wherein education is publicly funded but education | |
decisions are made by families. Ultimately, every parent should have the option | |
to direct his or her child’s share of education funding through an education savings account (ESA), funded overwhelmingly by state and local taxpayers, which | |
would empower parents to choose a set of education options that meet their child's | |
unique needs. | |
States are eager to lead in K–12 education. For decades, they have acted independently of the federal government to pioneer a variety of constructive reforms | |
and school choice programs. For example, in 2011, Arizona first piloted ESAs, which | |
provide families roughly 90 percent of what the state would have spent on that | |
child in public school to be used instead on education options such as private school | |
tuition, online courses, and tutoring. In 2022, Arizona expanded the program to | |
be available to all families. | |
| |
Mandate for Leadership: The Conservative Promise | |
The future of education freedom and reform in the states is bright and will | |
shine brighter when regulations and red tape from Washington are eliminated. | |
Federal money is inevitably accompanied by rules and regulations that keep the | |
influx of funds from having much, if any, impact on student outcomes. It raises the | |
cost of education without raising student achievement. To the extent that federal | |
taxpayer dollars are used to fund education programs, those funds should be blockgranted to states without strings, eliminating the need for many federal and state | |
bureaucrats. Eventually, policymaking and funding should take place at the state | |
and local level, closest to the affected families. | |
Although student loans and grants should ultimately be restored to the private | |
sector (or, at the very least, the federal government should revisit its role as a guarantor, | |
rather than direct lender) federal postsecondary education investments should bolster | |
economic growth, and recipient institutions should nourish academic freedom and | |
embrace intellectual diversity. That has not, however, been the track record of federal | |
higher education policy or of the many institutions of higher education that are hostile | |
to free expression, open academic inquiry, and American exceptionalism. Federal postsecondary policy should be more than massive, inefficient, and open-ended subsidies | |
to “traditional” colleges and universities. It should be rebalanced to focus far more on | |
bolstering the workforce skills of Americans who have no interest in pursuing a fouryear academic degree. It should reflect a fuller picture of learning after high school, | |
placing apprenticeship programs of all types and career and technical education on an | |
even playing field with degrees from colleges and universities. Rather than continuing | |
to buttress a higher education establishment captured by woke “diversicrats” and a | |
de facto monopoly enforced by the federal accreditation cartel, federal postsecondary |
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