Accreditation Choice and Innovation Act

— 359 — Department of Education l The reissuing of the report on school safety from 2018 with updated information, l The release of a report to Congress on how to consolidate the department and trim nonessential employees, l A report on the negative influence of action civics on students’ understanding of history and civics and their disposition toward the United States, l An update of the Coleman report to show the impact of family structure on student achievement, l A full accounting of CARES Act education expenditures, and l A report on how many dollars make their way to the classroom in every federal education grant and program. Pursue Antitrust Against Accreditors l The President should issue an executive order pursuing antitrust against college accreditors, especially the American Bar Association (ABA). NEW POLICIES/REGULATIONS THAT REQUIRE COORDINATION WITH OTHER AGENCIES AND/OR THE WHITE HOUSE The department must coordinate any rulemaking with the White House, the Office of Management and Budget (OMB), DOJ, and other agencies that share responsibility with the department in the administration or enforcement of stat- ute, such as Titles VI and IX. Moreover, regarding regulations arising under civil rights laws administered by the department, Executive Order 12550 requires the Attorney General to approve final regulations; the Assistant Attorney General for Civil Rights must approve notices of proposed rulemaking. Organizational Issues Historical Budget Information. Congressional appropriations for the U.S. Department of Education have risen from $14 billion in 1980 to $95.5 billion in 2021, an astounding increase, especially in light of the lack of improvements in student outcomes. Recommend Budget Cuts, Shifts, and Augmentations, If Any. Transferring most of the programs at the U.S. Department of Education to other agencies and eliminating duplicative and ineffective programs would yield significant taxpayer

— 359 — Department of Education l The reissuing of the report on school safety from 2018 with updated information, l The release of a report to Congress on how to consolidate the department and trim nonessential employees, l A report on the negative influence of action civics on students’ understanding of history and civics and their disposition toward the United States, l An update of the Coleman report to show the impact of family structure on student achievement, l A full accounting of CARES Act education expenditures, and l A report on how many dollars make their way to the classroom in every federal education grant and program. Pursue Antitrust Against Accreditors l The President should issue an executive order pursuing antitrust against college accreditors, especially the American Bar Association (ABA). NEW POLICIES/REGULATIONS THAT REQUIRE COORDINATION WITH OTHER AGENCIES AND/OR THE WHITE HOUSE The department must coordinate any rulemaking with the White House, the Office of Management and Budget (OMB), DOJ, and other agencies that share responsibility with the department in the administration or enforcement of stat- ute, such as Titles VI and IX. Moreover, regarding regulations arising under civil rights laws administered by the department, Executive Order 12550 requires the Attorney General to approve final regulations; the Assistant Attorney General for Civil Rights must approve notices of proposed rulemaking. Organizational Issues Historical Budget Information. Congressional appropriations for the U.S. Department of Education have risen from $14 billion in 1980 to $95.5 billion in 2021, an astounding increase, especially in light of the lack of improvements in student outcomes. Recommend Budget Cuts, Shifts, and Augmentations, If Any. Transferring most of the programs at the U.S. Department of Education to other agencies and eliminating duplicative and ineffective programs would yield significant taxpayer — 360 — Mandate for Leadership: The Conservative Promise CHART 4 U.S. Department of Education, Total Appropriations IN BILLIONS OF DOLLARS $120 $100 $95.5 $80 $60 $40 $20 $14 $0 1980 1985 1990 1995 2000 2005 2010 2015 2020 NOTE: Totals include mandatory and discretionary appropriations. SOURCE: U.S. Department of Education, “Budget History Tables,” Education Department Budget History Table, https://www2.ed.gov/about/overview/budget/history/index.html (accessed March 17, 2023). A heritage.org savings. The proposal would immediately save more than $17 billion annually in various programs. Savings over a decade would be far more robust, as the revenue responsibility for many formula grant programs would be returned to the states. Some highlights include: l Eliminate competitive grant programs and reduce spending on formula grant programs. Competitive grant programs operated by the Department of Education should be eliminated, and federal spending should be reduced to reflect remaining formula grant programs authorized under Title I of the Elementary and Secondary Education Act (ESEA) and the handful of other programs that do not fall under the competitive/ project grant category. Remaining programs managed by the Department

— 362 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. Milton Friedman, The Role of Government in Education (1955), https://la.utexas.edu/users/ hcleaver/330T/350kPEEFriedmanRoleOfGovttable.pdf (accessed February 28, 2023). 2. Elementary and Secondary Education Act of 1965, Public Law 89-10. 3. Higher Education Act of 1965, Public Law 89-329. 4. Elementary and Secondary Schools Emergency Relief Funds. 5. Rehabilitation Act of 1973, Public Law 93-112. 6. Individuals with Disabilities Education Act, Public Law 94-142. 7. Perkins Career and Technical Education Acts, Perkins IV, Public Law 109-270. 8. S. 510, Department of Education Organization Act, Public Law 96-88. 9. Ambassador Susan Rice, Gene Sperling, and Clarence Wardell III, Advancing Equity through the American Rescue Plan, pg. 26. May 2022, at https://www.whitehouse.gov/wp-content/uploads/2022/05/ADVANCING- EQUITY-THROUGH-THE-AMERICAN-RESCUE-PLAN.pdf (accessed February 28, 2023). 10. U.S. Department of Education, Overview and Mission Statement, https://www2.ed.gov/about/landing. jhtml#:~:text=ED's%20mission%20is%20to%20promote,offices%20from%20several%20federal%20agencies (accessed February 28, 2023). 11. Jonathan Butcher, “Who Signs Your Paycheck?” Education Next, https://www.educationnext.org/who-signs- your-paycheck-federal-influence-state-education-agencies/#_edn1 (last updated, April 9, 2018). 12. Education at a Crossroads: What Works and What’s Wasted in Education Today, Subcommittee on Oversight and Investigations, Committee on Education and the Workforce, U.S. House of Representatives, 105th Cong., 2nd Sess., July 17, 1998, pp. xiii and xiv. 13. Every Student Succeeds Act, 20 U.S.C. § 6301 et seq. (2015). 14. 20 U.S.C. §6571. Under subchapter I of the Elementary and Secondary Education Act (Improving the Academic Achievement of the Disadvantaged) and Section 20 U.S.C. §1022f; 20 U.S.C. §1098a. Under Title 20, Section 1098a, of the U.S. Code, the Secretary is authorized to waive the requirement for negotiated rulemaking if he or she “determines that applying such a requirement with respect to given regulations is impracticable, unnecessary, or contrary to the public interest (within the meaning of section 553(b)(3)(B) of [the APA]), and publishes the basis for such determination in the Federal Register at the same time as the proposed regulations in question are first published.” 20 U.S.C. §1098a(b)(2). Congressional Research Service, “Negotiated Rulemaking: In Brief,” April 12, 2021, https://crsreports.congress.gov/product/pdf/R/R46756 (accessed March 13, 2023). 15. H.R. 8767, Empowering Parents Act, 117th Congress. 16. H.R. 5, Parents Bill of Rights Act. 17. H.J.Res. 99, Public Law 115-30. 18. National Defense Authorization Act for Fiscal Year 2022. 19. National Center for Education Statistics, “Fast Facts: Title I,” https://nces.ed.gov/fastfacts/display.asp?id=158 (accessed February 28, 2023). — 363 — 12 DEPARTMENT OF ENERGY AND RELATED COMMISSIONS Bernard L. McNamee AMERICAN ENERGY AND SCIENCE DOMINANCE The next conservative Administration should prioritize energy and science dominance to ensure that Americans have abundant, affordable, and reliable energy; create good-paying jobs; support domestic manufacturing and technology leadership; and strengthen national security. Achieving these goals will require bold policy action and reforms that involve the U.S. Department of Energy (DOE); the Federal Energy Regulatory Commission (FERC); and the Nuclear Regulatory Commission (NRC). American Energy Dominance. Access to affordable, reliable, and abundant energy is vital to America’s economy, national security, and quality of life. Yet ideologically driven government policies have thrust the United States into a new energy crisis just a few short years after America’s energy renaissance, which began in the first decade of the 2000s, transformed the United States from a net energy importer (oil and natural gas) to energy independence and then energy dominance. Americans now face energy scarcity, an electric grid that is less reliable, and arti- ficial shortages of natural gas and oil despite massive reserves within the United States—all of which has led to higher prices that burden both the American people and the economy. The new energy crisis is caused not by a lack of resources, but by extreme “green” policies. Under the rubrics of “combating climate change” and “ESG” (environmen- tal, social, and governance), the Biden Administration, Congress, and various states, as well as Wall Street investors, international corporations, and progressive spe- cial-interest groups, are changing America’s energy landscape. These ideologically