Aviation Supply Chain Safety and Security Digitization Act of 2025

— 573 — Department of Justice ENDNOTES 1. Judiciary Act of 1789, ch. 20, sec. 35, 1 Stat. 73 (1789), https://judicial-discipline-reform.org/docs/Judiciary_ Act_1789.pdf (accessed February 3, 2023). 2. An Act to Establish the Department of Justice, Public Law No. 41-97, 16 Stat. 162 (1870), https://www.justice. gov/sites/default/files/jmd/legacy/2013/10/23/act-pl41-97.pdf (accessed February 3, 2023). 3. John F. Fox, Jr., “The Birth of the Federal Bureau of Investigation,” U.S. Department of Justice, Federal Bureau of Investigation, “History,” July 2003, https://bit.ly/3G4LmD0 (accessed February 3, 2023). 4. Trafalgar Group, “Nationwide Issues Survey August 2022,” pp. 19, 22, and 25, https://www.thetrafalgargroup. org/wp-content/uploads/2022/08/COSA-FBI_DOJ-Opinion-Full-Report-0824.pdf (accessed February 3, 2023). 5. John Solomon, “FBI Email Chain May Provide Most Damning Evidence of FISA Abuses Yet,” The Hill, December 5, 2018, https://thehill.com/hilltv/rising/419901-fbi-email-chain-may-provide-most-damning-evidence-of-fisa- abuses-yet/ (accessed February 3, 2023); Post Editorial Board, “The FBI Knew RussiaGate Was a Lie—But Hid That Truth,” New York Post, June 11, 2022, https://nypost.com/2022/06/11/the-fbi-knew-russiagate-was-a-lie- but-hid-that-truth/ (accessed February 3, 2023). 6. John Solomon, “Collusion Bombshell: DNC Lawyers Met with FBI on Russia Allegations Before Surveillance Warrant,” The Hill, October 3, 2018, https://thehill.com/hilltv/rising/409817-russia-collusion-bombshell-dnc- lawyers-met-with-fbi-on-dossier-before/ (accessed February 3, 2023); Eric Tucker, “Ex-FBI Lawyer Admits to False Statement During Russia Probe,” AP News, August 19, 2020, https://apnews.com/article/election-2020- b9b3c7ef398d00d5dfee9170d66cefec (accessed February 3, 2023). 7. Jesse O’Neill, “FBI Pressured Twitter, Sent Trove of Docs Hours Before Post Broke Hunter Laptop Story,” New York Post, December 19, 2022, https://nypost.com/2022/12/19/fbi-reached-out-to-twitter-before-post-broke- hunter-biden-laptop-story/ (accessed February 3, 2023). 8. Memorandum from Attorney General Merrick Garland to Director, Federal Bureau of Investigation; Director of the Executive Office for U.S. Attorneys; Assistant Attorney General, Criminal Division; and United States Attorneys, “Subject: Partnership Among Federal, State, Local, Tribal, and Territorial Law Enforcement to Address Threats Against School Administrators, Board Members, Teachers, and Staff,” October 4, 2021, https:// www.justice.gov/ag/page/file/1438986/download (accessed February 3, 2023) (cited hereafter as Garland Memorandum, October 4, 2021). 9. Dillon Burroughs, “25 States Have Now Left National School Boards Association as Nebraska Departs,” Daily Wire, June 13, 2022, https://www.dailywire.com/news/25-states-have-now-left-national-school-boards- association-as-nebraska-departs (accessed February 3, 2023). 10. Brianna Herlily, “FBI Met Weekly with Big Tech Ahead of the 2020 Election, Agent Testifies,” Fox News, December 3, 2022, https://www.foxnews.com/politics/fbi-weekly-big-tech-ahead-2020-election-agent- testifies (accessed February 3, 2023); Allie Griffin, “Latest ‘Twitter Files’ Show FBI Bullied Executives Over Not Reporting ‘State Propaganda’ Enough, New York Post, December 18, 2022, https://nypost.com/2022/12/18/ latest-twitter-files-show-fbi-questioned-executives-over-users-spouting-state-propaganda/ (accessed February 3, 2023). 11. Michael Shellenberger (@ShellenbergerMD), “In the end, the FBI's influence campaign aimed at executives at news media, Twitter, & other social media companies worked: they censored & discredited the Hunter Biden laptop story. By Dec. 2020, Baker and his colleagues even sent a note of thanks to the FBI for its work,” Twitter, December 19, 2022, 1:35 PM), https://twitter.com/ShellenbergerMD/status/1604908212628598784 (accessed February 3, 2023). 12. Press release, “Eleven Charged with FACE Act Violations Stemming from 2021 Blockade of Mount Juliet Reproductive Health Clinic,” U.S. Department of Justice, United States Attorney’s Office, Middle District of Tennessee, October 5, 2022, https://www.justice.gov/usao-mdtn/pr/eleven-charged-face-act-violations- stemming-2021-blockade-mount-juliet-reproductive (accessed February 3, 2023); Kaelan Deese, “DOJ Official Touts Prosecution of Anti-Abortion Advocates While Vandalized Pregnancy Centers Await Justice,” Washington Examiner, December 14, 2022, https://www.washingtonexaminer.com/news/justice/doj-official- admits-to-prosecuting-pro-life-advocates (accessed February 3, 2023); S. 636, Freedom of Access to Clinic Entrances Act of 1994, Public Law No. 103-259, 103rd Congress, May 26, 1994, https://www.congress.gov/103/ statute/STATUTE-108/STATUTE-108-Pg694.pdf (accessed February 5, 2023). — 574 — Mandate for Leadership: The Conservative Promise 13. Aruna Viswanatha and Sadie Gurman, “Almost Half of Federal Cases Against Portland Rioters Have Been Dismissed,” The Wall Street Journal, updated April 15, 2021), https://www.wsj.com/articles/almost-half- of-federal-cases-against-portland-rioters-have-been-dismissed-11618501979 (accessed February 3, 2023); Just the News Staff, “Antifa-led Portland Rioter Charged with Assault Police [sic] Has Case Dismissed After Community Service,” Just the News, updated December 30, 2021, https://justthenews.com/government/ courts-law/antifa-led-portland-rioter-charge-assault-police-has-case-dismissed-after (accessed February 3, 2023). 14. Press release, “Justice Department Sues Texas Over Senate Bill 8: Complaint Alleges Senate Bill 8 Violates the Constitution by Effectively Banning Most Abortions,” U.S. Department of Justice, September 9, 2021, https:// www.justice.gov/opa/pr/justice-department-sues-texas-over-senate-bill-8 (accessed February 3, 2023). 15. Dorian Geiger, “DOJ Warns States Over Blocking Access to Gender-Affirming Treatment,” Axios, March 31, 2022, https://www.axios.com/2022/03/31/doj-warns-states-blocking-gender-affirming-care (accessed February 3, 2023). 16. Joyce White Vance, “The Justice Department Is Suing Georgia. Don’t Expect Garland to End There,” The Washington Post, June 29, 2021, https://www.washingtonpost.com/outlook/2021/06/29/merrick-garland- suing-georgia-voting/ (accessed February 3, 2023); David Nakamura and Devlin Barrett, “Justice Dept. Sues Texas Over State Redistricting Maps, Citing Discrimination Against Latinos,” The Washington Post, December 6, 2021, https://www.washingtonpost.com/national-security/texas-maps-garland-latinos- justice/2021/12/06/4011ce78-56aa-11ec-9a18-a506cf3aa31d_story.html (accessed February 3, 2023); Holmes Lybrand and Paul LeBlanc, “Justice Department Sues Arizona Over New Election Law Requiring Proof of Citizenship,” CNN, updated July 5, 2022, https://www.cnn.com/2022/07/05/politics/arizona-election-law- justice-department/index.html (accessed February 3, 2023). 17. Zachary Pottle, “America’s Fentanyl Crisis Is Getting Worse,” Addiction Center, August 26, 2022, https://www. addictioncenter.com/news/2022/08/americas-fentanyl-crisis/ (accessed February 3, 2023). 18. Emily Jacobs, “Merrick Garland Speaks at DOJ Before Swearing-in by VP Kamala Harris,” New York Post, updated March 11, 2021, https://nypost.com/2021/03/11/merrick-garland-speaks-at-doj-before-swearing-in- by-kamala-harris/ (accessed February 3, 2023). 19. Eliot H. Lumbard, “State and Local Government Crime Control,” Notre Dame Law Review, Vol. 43, Issue 6 (1968), pp. 899–907, https://scholarship.law.nd.edu/cgi/viewcontent. cgi?httpsredir=1&article=3119&context=ndlr (accessed February 3, 2023). 20. Emma Colton, “Chip Roy Demands DOJ Explain Light Sentence for Floyd Riot Arsonist Who Killed Father of 5,” Fox News, February 10, 2022, https://www.foxnews.com/politics/chip-roy-light-sentence-george-floyd- arsonist-riots-2020 (accessed February 3, 2023); Chris Enloe, “DOJ Asked for Lenient Sentence for 2020 Rioter Who Burned Down Pawn Shop, Killing One Man. Prosecutors Even Cited MLK,” Blaze Media News, January 29, 2022, https://www.theblaze.com/news/doj-lenient-sentence-rioter-arson#toggle-gdpr (accessed February 3, 2023); Chris Pandolfo, “House Republicans Release 1,000-Page Report Alleging Politicization in the FBI, DOJ,” Fox News, November 4, 2022, https://www.foxnews.com/politics/house-republicans-release- 1000-page-report-alleging-politicization-fbi-doj (accessed February 3, 2023); Brooke Singman, “Cruz Slams ‘Politicized’ Biden DOJ for Appointing Trump Special Counsel: ‘Absolutely Disgraceful,’” Fox News, November19, 2022, https://www.foxnews.com/politics/cruz-slams-biden-doj-appointing-special-counsel-investigate- trump-absolutely-disgraceful (accessed February 3, 2023). 21. 8 U.S. Code § 1324 (Bringing in and harboring certain aliens), https://www.law.cornell.edu/uscode/text/8/1324 (accessed March 9, 2023); 8 U.S. Code § 1325 (Improper entry by alien), https://www.law.cornell.edu/uscode/ text/8/1325 (accessed February 5, 2023); 8 U.S. Code § 1326 (Reentry of removed aliens), https://www.law. cornell.edu/uscode/text/8/1326 (accessed February 5, 2023); 8 U.S. Code § 1327 (Aiding or assisting certain aliens to enter), https://www.law.cornell.edu/uscode/text/8/1327 (accessed February 5, 2023); 8 U.S. Code § 1328 (Importation of alien for immoral purpose), https://www.law.cornell.edu/uscode/text/8/1328 (accessed February 5, 2023; press release, “In Brief Filed with Supreme Court, AFL Hammers Biden Administration’s Termination of MPP—Cites Alarming Statistic That Biden Administration Has Already Released More Than 750,000 Illegal Aliens into the United States from the Border,” America First Legal Foundation, April 14, 2022, https://aflegal.org/ in-brief-filed-with-supreme-court-afl-hammers-biden-administrations-termination-of-mpp-citing-alarming- statistic-that-biden-administration-has-already-released-more-than-750000-ille/ (accessed February 5, 2023).

— 598 — Mandate for Leadership: The Conservative Promise unemployment programs were defrauded of hundreds of billions of dollars, includ- ing by state-sponsored hacking groups. Not all state agencies are yet through their backlogs of appeals and fraud cases; the recovery of lost funds has been minimal; and fraud has now spilled into the traditional UI programs. The CARES Act era drastically altered the entire UI ecosystem: The federal–state partnership shifted toward federal programs and funding, and the social insurance purpose of the program was disconnected as benefits were extended, expanded to more typically uncovered populations, and made exponentially larger. l Congress should enact bipartisan commonsense UI program reforms, including statutory authority for the Labor Office of Inspector General (OIG) to access all state UI records for the purposes of investigation and requiring state agencies to crossmatch applicants with the National Directory of New Hires. l Congress should also develop a framework (through commission of a congressional report to serve as a blueprint) of technical standards on broader tech topics like usability, state agency cybersecurity postures, data taxonomy standardization, and/or identity verification standards. l Congress should provide DOL with more reasonable enforcement tools for the UI system. Currently, DOL can either send a strongly worded letter or revoke the entire Federal Unemployment Tax Act (FUTA)16 tax credit, which would place an immediate 6 percent to 7 percent tax on all covered employers. l DOL should review all actual or planned procurements against the $2 billion (under the American Rescue Plan Act)17 for UI fraud detection, accessibility, and equity investments. These funds do not have appropriations timelines and have very minimal statutory descriptions of the intended purpose. DOL should also review and propose changes to improve state monitoring programs including developing evidence-based frameworks for evaluating the technical readiness and security postures of the state agencies; strengthen its relationship with the OIG and Government Accountability Office (GAO), and support continued development of fraud prosecution with DOJ, the Department of Homeland Security (DHS), and the financial services community; ensure administrative and IT funding is outcome-based; and gather and publish best practices from state officials, industry partners, and other vendors who deliver UI services. — 599 — Department of Labor and Related Agencies WORKER VOICE AND COLLECTIVE BARGAINING Non-Union Worker Voice and Representation. American workers lack a meaningful voice in today’s workplace. Between 50 percent and 60 percent of workers have less influence than they want on critical workplaces issues beyond pay and benefits. Even managers are twice as likely to say their employees have too little influence rather than too much. But America’s one-size-fits-all approach undermines worker representation. Federal labor law offers no alternatives to labor unions whose politicking and adversarial approach appeals to few, whereas most workers report that they prefer a more cooperative model run jointly with management that focuses solely on workplace issues. The next Administration should make new options available to workers and push Congress to pass labor reforms that create non-union “employee involvement organizations” as well as a mechanism for worker representation on corporate boards. l Congress should reintroduce and pass the Teamwork for Employees and Managers (TEAM) Act of 2022.18 The TEAM Act: 1. Reforms the National Labor Relations Act’s (NLRA) Section 8(a)(2) prohibition on formal worker–management cooperative organizations like works councils. 2. Creates an “Employee Involvement Organization” (EIO) to facilitate voluntary cooperation on critical issues like working conditions, benefits, and productivity. 3. Amends labor law to allow EIOs at large, publicly traded corporations to elect a non-voting, supervisory member of their company’s board of directors. Alternative View. While some conservatives lament that workers lack sufficient voice in today’s workplace, others interpret the rise in independent and flexible work opportunities, significant expansion in family-friendly policies like paid family leave, and the decline in private sector unionization as indicators of workers’ increasing competency and control. Another way to help expand workers’ freedom and voices in traditional workplaces is by allowing them to choose who represents them in negotiations with their employer. The Worker’s Choice Act19 would accom- plish this by ending exclusive representation so that unions in right-to-work states are no longer forced to represent workers who do not want to join them. Union Transparency. Private-sector unions must file detailed financial infor- mation with DOL—on matters including union spending, income, loans, assets, membership information, and employee salary—but unions composed entirely

— 139 — Department of Homeland Security 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-gov- ernment efforts and long-term strategy to secure our nation’s borders effectively. In addition, appropriate elements within the newly created BSIA should be desig- nated 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 sig- nificantly 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 approv- als, 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 whip- ping 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 compo- nents, and its operational counterpart, OFO, has a workforce of more than 30,000. — 140 — Mandate for Leadership: The Conservative Promise OT’s function is interwoven with that of its OFO operational counterpart. Combin- ing 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 facil- ities 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-Intru- sive 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