Protecting Our Children from the CDC Act

— 455 — Department of Health and Human Services family formation. It should ensure that it is not promoting abortion as health care. It should fund studies into the risks and complications of abortion and ensure that it corrects and does not promote misinformation regarding the comparative health and psychological benefits of childbirth versus the health and psychological risks of intentionally taking a human life through abortion. The CDC oversaw and funded the development and testing of the COVID-19 vaccines with aborted fetal cell lines, insensitive to the consciences of tens of thousands to hundreds of thousands of people who objected to taking a vac- cine with such a link to abortion. As evidenced by litigation across the country, it is likely that thousands were fired unjustly because of the exercise of their consciences or faith on this question, which could have been avoided with a modicum of concern for this issue from CDC. There is never any justification for ending a child’s life as part of research, and the research benefits from splicing or growing aborted fetal cells and aborted baby body parts can easily be provided by alternative sources. All such research should be prohibited as a matter of law and policy. CDC should update its public messaging about the unsurpassed effectiveness of modern fertility awareness–based methods (FABMs) of family planning and stop publishing communications that conflate such methods with the long-eclipsed “rhythm” or “calendar” methods. CDC should fund studies exploring the evi- dence-based methods used in cutting-edge fertility awareness. Data Collection. The CDC’s abortion surveillance and maternity mortality reporting systems are woefully inadequate. CDC abortion data are reported by states on a voluntary basis, and California, Maryland, and New Hampshire do not submit abortion data at all. Accurate and reliable statistical data about abortion, abortion survivors, and abortion-related maternal deaths are essential to timely, reliable public health and policy analysis. Because liberal states have now become sanctuaries for abortion tourism, HHS should use every available tool, including the cutting of funds, to ensure that every state reports exactly how many abortions take place within its borders, at what gestational age of the child, for what reason, the mother’s state of residence, and by what method. It should also ensure that statistics are separated by category: spontaneous miscarriage; treatments that incidentally result in the death of a child (such as chemotherapy); stillbirths; and induced abortion. In addition, CDC should require monitoring and reporting for complications due to abortion and every instance of children being born alive after an abortion. Moreover, abortion should be clearly defined as only those procedures that intentionally end an unborn child’s life. Miscarriage management or standard ectopic pregnancy treatments should never be conflated with abortion. Comparisons between live births and abortion should be tracked across vari- ous demographic indicators to assess whether certain populations are targeted by — 456 — Mandate for Leadership: The Conservative Promise abortion providers and whether better prenatal physical, mental, and social care improves infant outcomes and decreases abortion rates, especially among those who are most vulnerable. The Ensuring Accurate and Complete Abortion Data Reporting Act of 20239 would amend title XIX of the Social Security Act and Public Health Service Act to improve the CDC’s abortion reporting mechanisms by requiring states, as a condition of federal Medicaid payments for family planning services, to report streamlined variables in a timely manner. The CDC should immediately end its collection of data on gender identity, which legitimizes the unscientific notion that men can become women (and vice versa) and encourages the phenomenon of ever-multiplying subjective identities. FOOD AND DRUG ADMINISTRATION (FDA) The FDA’s mission includes ensuring the safety and efficacy of drugs, biological products, and medical devices. Federal Laws That Shield Big Pharma from Competition. Because generics generally cost far less than brand-name drugs, consumers begin to save money as soon as a generic product comes on the market. The vast majority are very afford- able with 93 percent of generic products costing $20 or less. Savings would be even higher under proposals that prevent brand-name man- ufacturers from slowing down or impeding the entrance of generic products into the marketplace. Specifically, the FDA should prohibit pharmaceutical companies from purposely sitting on their legally available right to be the first to sell generic versions of their drugs. Additionally, Congress should create legal remedies for generic companies to obtain samples of brand-name products for their generic development efforts and should prohibit meritless “citizen petitions” submitted by manufacturers to delay approval of a generic competitor.10 Approval Process for Laboratory-Developed or Modified Medical Tests. Learning from the failed early COVID-19 testing experience, Congress and the FDA should focus on reforming laws and regulations governing medical tests, especially with respect to laboratory-developed tests. Commercial tests are developed with the intention of being widely marketed, distributed, and used, while laboratory-developed tests are created with the intention of being used solely within one laboratory. A test developed by a lab in accordance with the protocols developed by another lab (non-commercial sharing) currently constitutes a “new” laboratory-developed test because the lab in which it will be used is different from the initial developing lab. To encourage interlab- oratory collaboration and discourage duplicative test creation (and associated regulatory and logistical burdens), the FDA should introduce mechanisms through which laboratory-developed tests can easily be shared with other laboratories with- out the current regulatory burdens.11

— 455 — Department of Health and Human Services family formation. It should ensure that it is not promoting abortion as health care. It should fund studies into the risks and complications of abortion and ensure that it corrects and does not promote misinformation regarding the comparative health and psychological benefits of childbirth versus the health and psychological risks of intentionally taking a human life through abortion. The CDC oversaw and funded the development and testing of the COVID-19 vaccines with aborted fetal cell lines, insensitive to the consciences of tens of thousands to hundreds of thousands of people who objected to taking a vac- cine with such a link to abortion. As evidenced by litigation across the country, it is likely that thousands were fired unjustly because of the exercise of their consciences or faith on this question, which could have been avoided with a modicum of concern for this issue from CDC. There is never any justification for ending a child’s life as part of research, and the research benefits from splicing or growing aborted fetal cells and aborted baby body parts can easily be provided by alternative sources. All such research should be prohibited as a matter of law and policy. CDC should update its public messaging about the unsurpassed effectiveness of modern fertility awareness–based methods (FABMs) of family planning and stop publishing communications that conflate such methods with the long-eclipsed “rhythm” or “calendar” methods. CDC should fund studies exploring the evi- dence-based methods used in cutting-edge fertility awareness. Data Collection. The CDC’s abortion surveillance and maternity mortality reporting systems are woefully inadequate. CDC abortion data are reported by states on a voluntary basis, and California, Maryland, and New Hampshire do not submit abortion data at all. Accurate and reliable statistical data about abortion, abortion survivors, and abortion-related maternal deaths are essential to timely, reliable public health and policy analysis. Because liberal states have now become sanctuaries for abortion tourism, HHS should use every available tool, including the cutting of funds, to ensure that every state reports exactly how many abortions take place within its borders, at what gestational age of the child, for what reason, the mother’s state of residence, and by what method. It should also ensure that statistics are separated by category: spontaneous miscarriage; treatments that incidentally result in the death of a child (such as chemotherapy); stillbirths; and induced abortion. In addition, CDC should require monitoring and reporting for complications due to abortion and every instance of children being born alive after an abortion. Moreover, abortion should be clearly defined as only those procedures that intentionally end an unborn child’s life. Miscarriage management or standard ectopic pregnancy treatments should never be conflated with abortion. Comparisons between live births and abortion should be tracked across vari- ous demographic indicators to assess whether certain populations are targeted by

— 284 — 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 COVID- 19 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 transgen- der 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 polit- icized 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 pro- tect 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 Chap- ter 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 — 285 — Section 3: The General Welfare 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 Administra- tion 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 “ter- minated…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 immigra- tion laws, rather than pretending there is no border. In contrast to DOJ’s long history, the Department of Education (the depart- ment, 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.