FAST VETS Act

— 655 — Department of Veterans Affairs ENDNOTES 1. U.S. Department of Veterans Affairs, Veterans Health Division, VHA Directive 1003, “VHA Veteran Patient Experience,” April 14, 2020, pp. 1 and B-1. 2. S. 2372, VA Mission Act of 2018, Public Law No. 115-182, 115th Congress, June 6, 2018, https://www.congress. gov/115/plaws/publ182/PLAW-115publ182.pdf (accessed January 30, 2023). 3. U.S. Department of Veterans Affairs, VA History Office, “VA History,” last updated May 27, 2021, https://www. va.gov/HISTORY/VA_History/Overview.asp (accessed January 28, 2023). 4. 38 U.S. Code § 1116, https://www.law.cornell.edu/uscode/text/38/1116 (accessed January 28, 2023). 5. S. 3373, Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act of 2022 (Honoring Our PACT Act of 2022), Public Law No. 117-168, 117th Congress, August 10, 2022, https://www. congress.gov/117/plaws/publ168/PLAW-117publ168.pdf (accessed January 28, 2023). 6. H.R. 2471, Consolidated Appropriations Act, 2022, Public Law No. 117-103, 117th Congress, March 15, 2022, Division S, Title I, https://www.congress.gov/117/plaws/publ103/PLAW-117publ103.pdf (accessed March 18, 2023). Known variously as the Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act and the VA Nurse and Physician Assistant RAISE Act. 7. See note 5, supra.

— 655 — Department of Veterans Affairs ENDNOTES 1. U.S. Department of Veterans Affairs, Veterans Health Division, VHA Directive 1003, “VHA Veteran Patient Experience,” April 14, 2020, pp. 1 and B-1. 2. S. 2372, VA Mission Act of 2018, Public Law No. 115-182, 115th Congress, June 6, 2018, https://www.congress. gov/115/plaws/publ182/PLAW-115publ182.pdf (accessed January 30, 2023). 3. U.S. Department of Veterans Affairs, VA History Office, “VA History,” last updated May 27, 2021, https://www. va.gov/HISTORY/VA_History/Overview.asp (accessed January 28, 2023). 4. 38 U.S. Code § 1116, https://www.law.cornell.edu/uscode/text/38/1116 (accessed January 28, 2023). 5. S. 3373, Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act of 2022 (Honoring Our PACT Act of 2022), Public Law No. 117-168, 117th Congress, August 10, 2022, https://www. congress.gov/117/plaws/publ168/PLAW-117publ168.pdf (accessed January 28, 2023). 6. H.R. 2471, Consolidated Appropriations Act, 2022, Public Law No. 117-103, 117th Congress, March 15, 2022, Division S, Title I, https://www.congress.gov/117/plaws/publ103/PLAW-117publ103.pdf (accessed March 18, 2023). Known variously as the Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act and the VA Nurse and Physician Assistant RAISE Act. 7. See note 5, supra. — 657 — Section Four THE ECONOMY The next Administration must prioritize the economic prosperity of ordi- nary Americans. For several decades, establishment “elites” have failed the citizenry by refusing to secure the border, outsourcing manufacturing to China and elsewhere, spending recklessly, regulating constantly, and generally controlling the country from the top down rather than letting it flourish from the bottom up. The proper role of government, as was articulated nearly 250 years ago, is to secure our God-given, unalienable rights in order that we might enjoy the pursuit of happiness, the benefits of free enterprise, and the blessings of liberty. Finding the right approach to trade policy is key to the fortunes of everyday Americans. In Chapter 26, president of the Competitive Enterprise Institute Kent Lassman and former White House director of trade and manufacturing policy Peter Navarro debate what an effective conservative trade policy would look like. Lass- man argues that the best trade policy is a humble, limited-government approach that would encourage free trade with all nations. He maintains that aggressive trade policies involve an increased government role that future leftist Administra- tions will utilize to push “climate change” and “equity”-based activism. Focusing more on gross domestic product (GDP) growth than on median income, he writes that “people mistakenly believe that U.S. manufacturing and the U.S. economy are in decline” when in truth “American manufacturing output is currently at an all-time high.” Meanwhile, we continue to experience “record-setting real GDP” despite our “long-run decline in manufacturing employment.” Lassman does not think that an aggressive U.S. trade policy would lead to more manufacturing jobs. Rather, he writes, “Federal Reserve research shows” that the

— 576 — Mandate for Leadership: The Conservative Promise 38. Garland Memorandum, October 4, 2021; press release, “America First Legal Seeks Two Federal Investigations on Attorney General Merrick Garland’s Infamous Oct. 4th Memo Siccing the FBI on Concerned Parents,” America First Legal Foundation, March 14, 2022, https://aflegal.org/america-first-legal-seeks-two-federal- investigations-on-attorney-general-merrick-garlands-infamous-oct-4th-memo-siccing-the-fbi-on-concerned- parents/ (accessed February 3, 2023). 39. Luke Rosiak, “In Aftermath of Enemies List, School Committee Pledges to ‘Silence the Opposition,’” Daily Wire, March 27, 2021, https://www.dailywire.com/news/after-enemies-list-school-body-pledges-to-silence-the- opposition (accessed February 3, 2023). 40. The language of the Equal Protection Clause “reflects that ‘achieving equal protection against lawbreakers was at the core of the Clause’s objectives.’” Lefebure v. D’Aquilla, 15 F.4th 650, 669 (5th Cir. 2021) (Graves, J. dissenting) (quoting Lawrence Rosenthal, “Policing and Equal Protection,” Yale Law & Policy Review, Vol. 21, No. 53 (2003), p. 70) cert. denied, 212 L. Ed. 2d 791, 142 S. Ct. 2732 (2022)), https://casetext.com/case/ lefebure-v-daquilla-2 (accessed February 3, 2023). 41. See, for example, Portland Mayor Ted Wheeler’s actions in 2020 calling on federal officials—executing their mission to protect federal property and officials—to leave the city, saying, “They’re not wanted here” despite the fact that local reports found that “[o]ut of more than a thousand arrests reported by the Portland Police Bureau and other local law enforcement since late May 2020, only about 8.4% of the cases are still open” and that the “rest have been dismissed or listed as no complaint, which means authorities are not currently pursuing charges.” BBC News, “Portland Protests: Mayor Demands Federal Officers Leave City,” July 20, 2020, https://www.bbc.com/news/world-us-canada-53466718 (accessed February 3, 2023), and Hannah Lambert, “91% of Portland Protest Arrests Not Being Prosecuted,” Portland Tribune, January 5, 2021, https://archive.ph/ OSDbz (accessed February 3,2023). 42. Figure 4, “Trend in Average Guideline Minimum and Average Sentence Imposed for Armed Career Criminals Fiscal Years 2010–2019,” in U.S. Sentencing Commission, Federal Armed Career Criminals: Prevalence, Patterns, and Pathways, March 2021, p. 26, https://www.ussc.gov/sites/default/files/pdf/research-and-publications/ research-publications/2021/20210303_ACCA-Report.pdf (accessed February 3, 2023). 43. 18 U.S. Code § 924(e), https://www.law.cornell.edu/uscode/text/18/924 (accessed February 3, 2023). 44. S. 1586, Restoring the Armed Career Criminal Act, 117th Congress, introduced May 12, 2021, https://www. congress.gov/bill/117th-congress/senate-bill/1586 (accessed February 6, 2023). 45. This could require seeking the Supreme Court to overrule Kennedy v. Louisiana, 554 U.S. 407 (2008), in applicable cases, but the department should place a priority on doing so. 46. 21 U.S. Code § 801 et seq., https://www.law.cornell.edu/uscode/text/21/chapter-13/subchapter-I/part-A (accessed February 3, 2023). 47. 18 U.S. Code §§ 1961–1968, https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96 (accessed February 3, 2023). 48. For more on this topic generally, see “Ensuring Enforcement and Administration of Our Immigration Laws,” infra. 49. See Paul J. Larkin, “Twenty-First Century Illicit Drugs and Their Discontents: The Scourge of Illicit Fentanyl,” Heritage Foundation Legal Memorandum No. 313, November 1, 2022), https://www.heritage.org/sites/default/ files/2022-11/LM313.pdf. 50. Jessica Rendall, “100,000 People Died from Drug Overdoses in the US in One Year, a Record,” CNET, November 18, 2021, https://www.cnet.com/health/medical/100000-people-died-from-drug-overdoses-in- the-us-in-one-year-a-record/ (accessed February 3, 2023). 51. U.S. Department of Justice, National Security Division, “Information About the Department of Justice’s China Initiative and a Compilation of China-Related Prosecutions Since 2018,” last updated November 19, 2021, https://www.justice.gov/archives/nsd/information-about-department-justice-s-china-initiative-and- compilation-china-related (accessed February 3, 2023). 52. Ronn Blitzer and Jake Gibson, “Biden DOJ Ending National Security Initiative Aimed at Countering China amid Complaints About Bias,” Fox News, February 23, 2022, https://www.foxnews.com/politics/doj-ending-china- initiative-national-security-program-bias (accessed February 3, 2023). 53. National Security Strategy, The White House, October 2022, p. 23, https://www.whitehouse.gov/wp-content/ uploads/2022/10/Biden-Harris-Administrations-National-Security-Strategy-10.2022.pdf (accessed February 3, 2023). See also ibid., p. 8. — 577 — Department of Justice 54. U.S. Department of Justice, “About DOJ: Our Mission,” https://www.justice.gov/about (accessed February 4, 2023). 55. 18 U.S. Code § 248, https://www.law.cornell.edu/uscode/text/18/248 (accessed February 4, 2023). 56. Danielle Wallace and Jake Gibson, “Pro-life Activist Mark Houck Pleads Not Guilty to Federal Charges After FBI Arrest,” Fox News, September 27, 2022, https://www.foxnews.com/us/pro-life-activist-mark-houck-pleads- not-guilty-federal-charges-fbi-arrest (accessed February 4, 2023). 57. Patty Knap, “Paul Vaughn, Pro-life Father of 11 Arrested by FBI Speaks Out,” National Catholic Register, October 18, 2022, https://www.ncregister.com/news/paul-vaughn-pro-life-father-of-11-arrested-by-fbi-speaks- out (accessed February 4, 2023). 58. 597 U.S. ___ (2022), https://supreme.justia.com/cases/federal/us/597/19-1392/case.pdf (accessed February 4, 2023). 59. Jonah McKeown, “TRACKER: Pro-Abortion Attacks in the U.S. Continue (Updated),” Catholic News Agency, last updated September 22, 2022, https://www.catholicnewsagency.com/news/251553/map-vandalism- attacks-continue-at-pro-life-centers-across-us (accessed February 4, 2023). 60. 28 U.S. Code § 516, https://www.law.cornell.edu/uscode/text/28/516 (accessed February 4, 2023). 61. 28 U.S. Code § 519, https://www.law.cornell.edu/uscode/text/28/519 (accessed February 4, 2023). 62. 295 U.S. 602 (1935), https://supreme.justia.com/cases/federal/us/295/602/ (accessed February 6, 2023). 63. 591 U.S. ___ (2020), https://www.supremecourt.gov/opinions/19pdf/19-7_new_0pm1.pdf (accessed February 6, 2023). 64. See Brief for the United States, 303 Creative v. Aubrey Elenis, No. 21-476, August 2022, https://www. supremecourt.gov/DocketPDF/21/21-476/234119/20220819182151542_21-476%20303%20Creative%20LLC%20 v.%20Elenis%20FINAL.pdf (accessed February 4, 2023). 65. Oral Argument Transcript, 303 Creative v. Aubrey Elenis, No. 21-476, December 5, 2022, https:// www.supremecourt.gov/oral_arguments/argument_transcripts/2022/21-476_8n59.pdf (accessed February 4, 2023). 66. Brief for the United States, Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, No. 16-111, September 2017, p. 9, https://www.scotusblog.com/wp-content/uploads/2017/09/16-111-tsac-USA.pdf (accessed February 4, 2023) (quoting Agency for International Development v. Alliance for Open Society International, Inc., 133 S. Ct. 2321, 2327 (2013), quoting in turn Rumsfeld v. Forum for Academic & Institutional Rights, Inc., 547 U.S. 47, 61 (2006)). 67. Ibid., p. 10. 68. Ibid., pp. 10–11. 69. West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943), https://tile.loc.gov/storage- services/service/ll/usrep/usrep319/usrep319624/usrep319624.pdf (accessed February 4, 2023). 70. Cohen v. California, 403 U.S. 15, 24 (1971), https://constitutionallawreporter.com/wp-content/uploads/2014/07/ Cohen-v_-California.pdf (accessed February 4, 2023). 71. West Virginia State Board of Education v. Barnette, 319 U.S. 640. 72. McCullen v. Coakley, 573 U.S. 464, 476 (2014), https://supreme.justia.com/cases/federal/us/573/12-1168/ case.pdf (accessed February 4, 2023) (quoting FCC v. League of Women Voters of California, 468 U. S. 364, 377 (1984)). 73. See, for example, 42 U.S. Code § 2000d, https://www.law.cornell.edu/uscode/text/42/2000d (accessed February 4, 2023); 42 U.S. Code § 2000e, https://www.law.cornell.edu/uscode/text/42/2000e (accessed February 4, 2023); 20 U.S. Code § 1681, https://www.law.cornell.edu/uscode/text/20/1681 (accessed February 4, 2023) 74. See “Advancing Equity and Racial Justice Through the Federal Government,” The White House, https://www. whitehouse.gov/equity/ (accessed February 4, 2023). 75. 18 U.S. Code § 1461, https://www.law.cornell.edu/uscode/text/18/1461 (accessed February 6, 2023). See also 18 U.S. Code § 1462, https://www.law.cornell.edu/uscode/text/18/1462 (accessed February 6, 2023). 76. 18 U.S. Code § 241, https://www.law.cornell.edu/uscode/text/18/241 (accessed February 6, 2023). 77. A similar argument could be advanced for the department’s other criminal law enforcement responsibilities such as those within the Environmental and Natural Resources Division. 78. See, for example, Paul Kiel, “Controversial USA Delivered ‘Voter Fraud’ Indictments Right on Time,” TPM Muckraker, May 1, 2007, https://web.archive.org/web/20070503021505/http://www.tpmmuckraker.com/ archives/003107.php (accessed February 4, 2023).