A resolution remembering the December 6, 2019, terrorist attack at Naval Air Station Pensacola and commemorating those who lost their lives, and those who were injured, in the line of duty.

— 129 — Department of Defense 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). — 130 — 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-people- like-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-light- amphibious-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-traditional- amphibious-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-remain- joint-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-house- confirms-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-defense- right/#:~:text=Restoring%20our%20eroding%20edge%20when,advanced%20technology%20and%20 new%20capabilities.%E2%80%9D (accessed February 16, 2023).

— 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).

— 157 — 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 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 fail- ures, 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 inves- tigation, 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 chap- ter 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. 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. — 158 — 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 through- out 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 congressio- nal 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 pro- crime 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 govern- ment programs, TSA is ripe for reform. The U.S. should look to the Canadian and