A resolution recognizing religious freedom as a fundamental right, expressing support for international religious freedom as a cornerstone of United States foreign policy, and expressing concern over increased threats to and attacks on religious freedom around the world.

— 586 — Mandate for Leadership: The Conservative Promise about marriage, gender, and sexuality. The new Administration should enact policies with robust respect for religious exercise in the workplace, including under the First Amendment, the Religious Freedom Restoration Act of 1993 (RFRA),8 Title VII, and federal conscience protection laws. l Issue an executive order protecting religious employers and employees. The President should make clear via executive order that religious employers are free to run their businesses according to their religious beliefs, general nondiscrimination laws notwithstanding, and support participation of religious employees and employers as federal contractors and in federal activities and programs. l Clarify Title VII’s religious organization exemptions. Congress should clarify Title VII’s religious organization exemptions to make it more explicit that those employers may make employment decisions based on religion regardless of nondiscrimination laws. l Provide Robust Accommodations for Religious Employees. Title VII requires reasonable accommodations for an employee’s sincerely held religious beliefs, observances, or practices unless it poses an undue hardship on the employer’s business. These accommodation protections also apply to issues related to marriage, gender, and sexuality. Unless the Supreme Court overrules its bad precedent, Congress should clarify that undue hardship means “significant difficulty or expenses,” not “more than a de minimis cost” as the Court has previously held. General EEOC Reforms. The Equal Employment Opportunity Commis- sion (EEOC) does not have rulemaking authority under Title VII and other laws it enforces, yet it issues “guidance,” “technical assistance,” and other documents, including some that push new policy positions. EEOC should disclaim its regulatory pretensions and abide by the guidance reforms dis- cussed below. l EEOC should disclaim its regulatory pretensions. l Affirm decision-making via majority vote of Commissioners. EEOC should affirm as policy the Title VII requirement that it exercise substantive power via majority vote of Commissioners, not by unilateral Chair action or by delegation to staff. — 587 — Department of Labor and Related Agencies l Disclaim power to enter into consent decrees. EEOC should disclaim power to enter into consent decrees that require employer actions that it could not require under the laws it enforces. l Reorient enforcement priorities. EEOC should reorient its enforcement priorities toward claims of failure to accommodate disability, religion, and pregnancy (but not abortion). Refocusing Labor Regulation on the Good of the Family. The DEI revo- lution in labor affected not only the administrative state, but it has also targeted much of the private sector. Owing to the combination of regulatory pressure and eager human resources offices in the private sector, much of American labor and employment policy has become institutionally oriented toward “woke” goals. Retracting regulations that support this revolution is a good first step, but more is needed. We must replace “woke” nonsense with a healthy vision of the role of labor policy in our society, starting with the American family. l Allow workers to accumulate paid time off. Lower- and middle-income workers are more likely be in jobs that are subject to overtime laws that require employers to pay time-and-a-half for working more than 40 hours a week. l Congress should enact the Working Families Flexibility Act. The Working Families Flexibility Act would allow employees in the private sector the ability to choose between receiving time-and-a-half pay or accumulating time-and-a-half paid time off (a choice that many public sector workers already have). For example, if an individual worked two hours of overtime every week for a year, he or she could accumulate four weeks of paid time off to use for paid family leave, vacation, or any reason. l Congress should incentivize on-site childcare. Across the spectrum of professionalized childcare options, on-site care puts the least stress on the parent-child bond. l Congress should amend the Fair Labor Standards Act (FLSA) to clarify that an employer’s expenses in providing on-site childcare are not part of an employee’s regular rate of pay. l DOL should commit to honest study of the challenges for women in the world of professional work. The Women’s Bureau at DOL tends towards a politicized research and engagement agenda that puts predetermined conclusions ahead of empirical study.

— 262 — Mandate for Leadership: The Conservative Promise priority. It created a robust genocide-response capability. USAID affirmed the agency’s partnerships with faith-based organizations through its rule on “Partic- ipation by Religious Organizations in USAID Programs;”14 “Partnership Guidance and Answers to Frequently Asked Questions (FAQs) for Faith Based Organizations;” and “Legal Guidance and Answers to FAQs for USAID Staff.” Today, USAID officials and their progressive partners have resisted efforts to promote religious freedom, especially as it relates to abortion and gender ideology, which are anathema to the traditional societies where USAID funds programs (in addition to many U.S. taxpayers). U.S. Secretary of State Antony Blinken repudiated his predecessor’s focus on religious freedom. The next conservative Administration must champion the core American value of religious freedom, which correlates significantly with poverty reduction, eco- nomic growth, and peace. It should train all USAID staff on the connection between religious freedom and development; integrate it into all of the agency’s programs, including the five-year Country Development and Coordination Strategies due for updates in 2025; strengthen the missions’ relationships with local faith-based leaders; and build on local programs that are serving the poor. Congress should appropriate funding to USAID specifically to support persecuted religious minori- ties in line with Executive Order 13926. Streamlining Procurement and Localizing the Partner Base. USAID is a grantmaking and contracting agency that disburses billions of dollars of federal funding in developing countries through implementing partners, such as U.N. agen- cies, international NGOs, for-profit companies, and local nongovernmental entities. In rare instances, such as in Jordan and Ukraine, the agency provides direct budget support to finance the operations of host-country governments. USAID far more often counts on expensive and ineffective large contracts and grants to carry out its programs. It justifies these practices based on speed and a lower administrative burden on its institutional capacity. Partnering and procurement reform was a pillar of the Trump Administration’s effort to secure better development results, cut costs, and advance the Journey to Self-Reliance strategy of exiting countries from aid. In December 2018, USAID launched its first Acquisition and Assistance Strategy to streamline procurement processes; introduce innovation into its programming; and diversify its partner base away from large, expensive, and partisan implementers. The strategy counted on local NGOs, including faith-based entities already on the ground, to provide the agency with less costly and more effective alternatives to the aid giants. The strategy also prioritized global partnerships with the private sector—corporations, investors, diasporas, and private philanthropies—the source of real capital invest- ment, innovation, and efficiencies that can maximize the impact of taxpayer dollars. Under the Biden Administration, despite rhetoric to the contrary, the aid industrial complex has recaptured the agency and stifled further reforms. — 263 — Agency for International Development The next conservative Administration should immediately implement language on key policy topics as standard provisions in all grants, cooperative agreements, and contracts. These provisions should include language on implementing the Policy on Protecting Life in Foreign Assistance, imposing conditions on funding to multilateral organizations, and increasing accountability and transparency. To ensure that USAID exercises its existing authorities to streamline procure- ment processes, the next conservative Administration should name a political appointee as the agency’s Senior Procurement Executive and Director of the agen- cy’s Office of Assistance and Acquisitions (OAA) in the Bureau of Management (M). The head of M/OAA is one of the most important positions at USAID, as the office is ground zero for controlling the disbursement of U.S. foreign aid. The White House should empower the Administrator and his or her designees to make determina- tions concerning the scale and scope of awards and increase the transparency and accountability of subawards, which can escape public scrutiny and promote pro- gressive policies during conservative Administrations. USAID should use existing authority to use program funds to expand its roster of contracting and agreement officers to accelerate the delivery of funds for disaster responses to a more diverse collection of implementers. Accomplishing the next conservative Administration’s policy goals at USAID will require that political appointees have knowledge of, responsibility for, and visibility into the design and awarding of grants, contracts, and cooperative agreements. The Administration should restore the Senior Official Accountabil- ity Review (SOAR) or create a similar process to ensure that proposed programs above a certain dollar threshold in Total Estimated Cost/Total Estimated Amount receive a close review by policymakers in each bureau and office and, for large awards, in the agency’s front office. “Localization” is a buzzword within the aid community but correctly assumes that more funding through local organizations produces better aid outcomes. Shift- ing from giant U.S.-based implementers has proved difficult to achieve, however, given intense internal bureaucratic resistance; opposition from the aid industrial complex; and foot-dragging from progressives, who view local NGOs—especially faith-based NGOs prominent in Africa and Latin America—as obstacles to promot- ing abortion, gender radicalism, climate extremism, and other woke ideas. The President’s Emergency Plan for AIDS Relief (PEPFAR) has shown that localization at scale is possible within a short time span. Over the four years of the Trump Administration, the multibillion-dollar program increased the amount of funding disbursed to local entities from about 25 percent to nearly 70 percent with positive overall results. This model should be replicated across all of USAID. In addition, the next conservative Administration should expand use of the New Partnership Initiative (NPI) to every bureau and office; reset the requirements for USAID’s overseas missions to craft and execute NPI action plans; and assign each

— 168 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, § 101(b)(1), https://www.congress.gov/107/plaws/publ296/PLAW-107publ296.pdf (accessed March 14, 2023). 2. See, for example, “Elon Musk Slams CISA Censorship Network as ‘Propaganda Platform,’” Kanekoa News, December 28, 2022, https://kanekoa.substack.com/p/elon-musk-slams-cisa-censorship-network (accessed March 14, 2023). 3. H.R. 2680, An Act to Amend the Immigration and Nationality Act, and for Other Purposes, Public Law No. 89-236, 89th Congress, October 3, 1965, https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79- Pg911.pdf (accessed March 14, 2023). 4. Added to the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. See H.R. 3610, Omnibus Consolidated Appropriations Act, 1997, Public Law No. 104-208, 104th Congress, September 30, 1996, Division C, https://www.congress.gov/104/plaws/publ208/ PLAW-104publ208.pdf (accessed March 14, 2023). 5. 8 U.S. Code, https://www.law.cornell.edu/uscode/text/8 (accessed March 14, 2023). 6. 18 U.S. Code, https://www.law.cornell.edu/uscode/text/18 (accessed March 14, 2023). 7. 5 U.S. Code §§ 551–559, https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5/subchapter-II (accessed March 14, 2023). 8. Table, “United States Citizenship and Immigration Services Budget Comparison and Adjustments Appropriation and PPA Summary,” in U.S. Department of Homeland Security, United States Citizenship and Immigration Services, Department of Homeland Security, United States Citizenship and Immigration Services, Budget Overview, Fiscal Year 2023 Congressional Justification, p. CIS-4, https://www.uscis.gov/ sites/default/files/document/reports/U.S._Citizenship_and_Immigration_Services%E2%80%99_Budget_ Overview_Document_for%20Fiscal_Year_2023.pdf#:~:text=The%20FY%202023%20Budget%20includes%20 %24913.6M%2C%204%2C001%20positions%3B,of%20%24444.1M%20above%20the%20FY%202022%20 President%E2%80%99s%20Budget (accessed March 14, 2023), and Table, “United States Citizenship and Immigration Services Comparison of Budget Authority and Request,” in ibid., p. CIS-5. 9. H.R. 7311, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law No. 110-457, 110th Congress, December 23, 2008, § 235, https://www.congress.gov/110/plaws/publ457/PLAW- 110publ457.pdf (accessed March 15, 2023). 10. Matter of A-B-, Respondent, 27 I&N Dec. 316 (A.G. 2018), https://www.justice.gov/eoir/page/file/1070866/ download (accessed January 18, 2023). 11. Arizona v. United States, 567 U.S. 387 (2012), https://supreme.justia.com/cases/federal/us/567/387/ (accessed January 18, 2023). 12. Robert T. Stafford Disaster Relief and Emergency Assistance Act [Public Law 93–288; Approved May 22, 1974] [As Amended Through P.L. 117–328, Enacted December 29, 2022], https://www.govinfo.gov/content/pkg/ COMPS-2977/pdf/COMPS-2977.pdf (accessed March 15, 2023). 13. U.S. Department of Homeland Security, Federal Emergency Management Agency, Department of Homeland Security, Federal Emergency Management Agency, Budget Overview, Fiscal Year 2023 Congressional Justification, p. FEMA-24, https://www.dhs.gov/sites/default/files/2022-03/Federal%20Emergency%20 Management%20Agency_Remediated.pdf (accessed March 15, 2023). 14. Report, United States Secret Service: An Agency in Crisis, Committee on Oversight and Government Reform, U.S. House of Representatives, 114th Congress, December 9, 2015, https://republicans-oversight.house.gov/ wp-content/uploads/2015/12/Oversight-USSS-Report.pdf (accessed January 18, 2023). 15. 5 U.S. Code § 7103, https://www.law.cornell.edu/uscode/text/5/7103 (accessed March 15, 2023). 16. S. 3418, Privacy Act of 1974, Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.govinfo. gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1896.pdf (accessed March 15, 2023). 17. H.R. 1428, Judicial Redress Act of 2015, Public Law No. 114-126, 114th Congress, February 24, 2016, https://www. congress.gov/114/plaws/publ126/PLAW-114publ126.pdf (accessed March 15, 2023). 18. H.R. 1158, Consolidated Appropriations Act, 2020, Public Law No. 116-93, 116th Congress, December 20, 2019, https://www.congress.gov/bill/116th-congress/house-bill/1158 (accessed January 18, 2023). — 169 — Department of Homeland Security 19. U.S. Department of Homeland Security, Office of Inspector General, Management Directive No. 0810.1, June 10, 2004, https://www.dhs.gov/xlibrary/assets/foia/mgmt_directive_0810_1_the_office_of_inspector_general. pdf (accessed March 15, 2023). 20. H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, https://www.congress.gov/bill/107th-congress/house-bill/5005 (accessed January 18, 2023).