A Legislative Agenda for a New Congress
The executive branch can only do so much on its own. The following legislative agenda must be the top priority for a new Congress.
The 21st Century Government Transparency and Efficiency Act
- Goal: To make the federal government the most transparent and efficient in the world.
- Key Provisions:
- Radical Transparency: Require all government agencies to publish all non-classified data in real-time to a central, publicly accessible database. This would include spending, contracts, correspondence, and meeting minutes.
- Open-Source Mandate: Require all new government software to be developed as open-source software, to promote transparency, security, and collaboration.
- AI for Efficiency: Authorize the use of AI and other advanced technologies to automate routine administrative tasks, with strong safeguards to protect against bias and to ensure that human oversight is maintained.
- Whistleblower Protection 2.0: Strengthen protections for federal whistleblowers and create a new, independent agency to investigate claims of waste, fraud, and abuse.
The American Health Security Act
- Goal: To achieve universal, affordable, and high-quality healthcare for all Americans.
- Key Provisions:
- A National Public Health Insurance Option: Create a government-run health insurance plan that is available to all Americans, providing comprehensive benefits and competing with private insurance.
- Strengthen the ACA: Increase subsidies for the ACA marketplaces and provide incentives for all states to expand Medicaid.
- Cost-Control Measures: Authorize the government to negotiate prescription drug prices, regulate hospital prices, and simplify administrative procedures to reduce waste.
Public Health Insurance Option: Design Parameters
The public health insurance option is the centerpiece of healthcare reform, providing a government-administered plan that competes with private insurance while offering comprehensive coverage at lower cost. This section outlines key design decisions and implementation considerations.
Core Design Principles:
Access and Eligibility:
- Universal availability: Any U.S. resident can enroll (citizens, lawful permanent residents, visa holders)
- No pre-existing condition exclusions: Guaranteed issue
- No medical underwriting: No health questionnaires or coverage denials based on health status
- Open enrollment: Annual enrollment periods with special enrollment for qualifying events
- Immediate coverage: No waiting periods for enrollment or coverage activation
Relationship to Existing Coverage:
- Available to all: Not restricted to those without employer coverage
- Employer opt-in: Employers can offer public option instead of private insurance (potential cost savings)
- Individual choice: Employees can choose public option even if employer offers private plan (may require contribution)
- ACA marketplace integration: Available through healthcare.gov exchanges alongside private plans
- Medicare preservation: Does not replace Medicare; seniors remain in Medicare (superior benefits)
- Medicaid coordination: States can use public option for Medicaid managed care (if cost-effective)
Benefits Package Design:
Benefit Scope (Two Options):
Option A: Medicare-Equivalent (“Medicare for More”)
- Hospital care (Part A equivalent): Inpatient, skilled nursing, hospice
- Medical services (Part B equivalent): Doctor visits, preventive care, durable medical equipment
- Prescription drugs (Part D equivalent): Comprehensive formulary with negotiated prices
- Gaps: No dental, vision, hearing by default (could be added as optional riders or included in base)
- Advantage: Well-understood benefit structure, existing administrative infrastructure
- Cost: Moderate premiums due to established benefit standards
Option B: Comprehensive (“Platinum Plus”)
- All Medicare-equivalent benefits PLUS:
- Dental, vision, hearing coverage (no annual limits)
- Mental health and substance abuse (parity with medical benefits, unlimited visits)
- Long-term care: Home health services, nursing home coverage (with cost-sharing)
- Maternity and newborn care: Comprehensive prenatal, delivery, postpartum
- Preventive care: $0 copay for all recommended screenings and vaccines
- Advantage: True comprehensive coverage, addresses Medicare gaps
- Cost: Higher premiums but offsets out-of-pocket expenses
Recommended: Start with Option A (Medicare-equivalent) to minimize costs and facilitate CBO scoring, with Option B offered as premium tier or phase in dental/vision/hearing over Years 2-3.
Cost-Sharing Structure:
- Premiums: Income-based sliding scale (0% for <138% FPL to 8-10% for >400% FPL)
- Deductibles: $0-500 depending on income tier (lower than typical private plans)
- Copays: $10-25 for primary care, $50 for specialists, $0 for preventive care
- Out-of-pocket maximum: $2,000-6,000 annually based on income (protects against catastrophic costs)
- Comparison: Significantly lower than average private insurance (deductibles often $3,000-8,000)
Provider Network and Payment Rates:
Network Strategy (Three Options):
Option A: Medicare Provider Network
- Automatically include all providers accepting Medicare (vast majority of doctors/hospitals)
- Advantage: Immediate nationwide network, no contracting needed
- Disadvantage: Some providers may opt out if payment rates deemed too low
Option B: Open Network (All Licensed Providers)
- Any licensed provider can treat public option patients
- Advantage: Maximum choice, no network restrictions
- Disadvantage: Harder to negotiate rates, potential for balance billing
Option C: Negotiated Network (Hybrid)
- Contract with provider networks in each region (similar to private insurance)
- Higher payment rates than Medicare to encourage participation
- Advantage: Balanced approach, provider buy-in
- Disadvantage: Administrative complexity, potential network gaps in rural areas
Recommended: Start with Option A (Medicare network) for administrative simplicity, with Option C as fallback if provider participation insufficient.
Provider Payment Rates:
- Baseline: Medicare rates (currently ~40% lower than private insurance average)
- Enhancement: Medicare + 10-15% to encourage provider participation and address adequacy concerns
- Rationale: Even at Medicare+15%, total costs ~25% lower than private insurance (private pays Medicare+40-60%)
- Rural adjustment: Higher rates in provider shortage areas to ensure access
- Quality incentives: Bonus payments for high performance on quality metrics
- Hospital price regulation: Caps on hospital charges (address cost-shifting from Medicare/Medicaid)
Balance Billing Prohibition:
- Providers accepting public option must accept plan payment as payment in full (no surprise bills)
- Enforcement: CMS can exclude providers who violate billing rules
Premium Structure and Affordability:
Income-Based Premium Sliding Scale:
| Income Level (% of FPL) | Monthly Premium (Individual) | Annual Premium (Family of 4) | % of Income |
|---|---|---|---|
| <138% FPL | $0 | $0 | 0% |
| 138-200% FPL | $50 | $200 | 2-3% |
| 200-300% FPL | $150 | $500 | 4-5% |
| 300-400% FPL | $250 | $850 | 6-7% |
| 400-500% FPL | $350 | $1,200 | 8% |
| >500% FPL | $450 | $1,600 | 8-10% |
Comparison to Private Insurance:
- Average employer-sponsored insurance: $650/month individual, $1,800/month family (2024)
- Public option: 30-50% lower premiums for equivalent coverage
- Total cost of care (premiums + out-of-pocket): Public option estimated 40% lower
Subsidy Mechanism:
- Enhanced ACA premium tax credits (existing infrastructure)
- Advance payment directly to public option (minimize upfront cost for enrollees)
- Reconciliation at tax time (if income changes during year)
Administration and Operations:
Administering Agency:
- Centers for Medicare & Medicaid Services (CMS) within HHS
- Leverage existing Medicare infrastructure (claims processing, provider relations, fraud detection)
- Create new division: Office of the Public Option (OPO)
Enrollment and Customer Service:
- Online enrollment through healthcare.gov (integrated with ACA exchanges)
- Phone enrollment: Expand call center capacity (24/7 multilingual support)
- In-person assistance: Community health centers, libraries, social service agencies
- Automatic enrollment: Individuals eligible for $0 premium auto-enrolled unless opt-out (maximize coverage)
Claims Processing:
- Contract with existing Medicare Administrative Contractors (MACs) for efficiency
- Electronic claims submission (same format as Medicare claims)
- 30-day payment standard (faster than many private insurers)
Technology Infrastructure:
- Build on healthcare.gov platform (already handles ACA enrollment)
- Interoperability with private insurance systems (coordination of benefits)
- Mobile app for easy access to coverage information, digital ID cards
Fraud Prevention:
- CMS Office of Inspector General oversight
- Predictive analytics to detect billing anomalies (AI/machine learning)
- Provider audits and enrollment screening
- Whistleblower protections and rewards
Enrollment Projections and Market Impact:
Conservative Enrollment Estimates:
- Year 1: 15 million enrollees (current ACA marketplace ~20M; capture 15-20M from individual market + uninsured)
- Year 3: 25 million enrollees (word of mouth, lower prices drive adoption)
- Year 5: 40 million enrollees (some employer groups switch, individual market dominance)
Optimistic Enrollment Estimates:
- Year 1: 25 million enrollees
- Year 3: 50 million enrollees
- Year 5: 75+ million enrollees (significant employer adoption)
Market Competition Effects:
- Private insurers must compete on price and quality (currently limited competition in many markets)
- Expect private insurers to lower premiums 10-15% to remain competitive (benefit for all)
- Some private insurers may exit individual market (already limited participation)
- Private insurers may focus on supplemental coverage (dental, vision) or premium employer plans
Transition from Medicaid:
- Some states may purchase public option coverage for Medicaid beneficiaries (managed care)
- Must ensure public option benefits ≥ Medicaid benefits (federal oversight)
- Could reduce state administrative costs while maintaining coverage
Cost Analysis and Financing:
Annual Cost Projections:
Enrollment: 15 million (Year 1, Conservative)
- Average cost per enrollee: $5,500 (lower than private due to lower payment rates and reduced overhead)
- Total medical costs: $82.5 billion
- Administrative costs (2% overhead): $1.7 billion
- Total cost: $84.2 billion
- Premiums collected: $30-40 billion
- Net federal cost: $44-54 billion (after premiums)
Enrollment: 25 million (Year 3, Moderate)
- Total medical costs: $137.5 billion
- Administrative costs: $2.75 billion
- Total cost: $140.25 billion
- Premiums collected: $60-75 billion
- Net federal cost: $65-80 billion
Enrollment: 40 million (Year 5, Conservative Steady-State)
- Total medical costs: $220 billion
- Administrative costs: $4.4 billion
- Total cost: $224.4 billion
- Premiums collected: $120-150 billion
- Net federal cost: $74-104 billion
Offset by System-Wide Savings:
- Reduced uncompensated care: $20-30B (hospitals no longer absorb uninsured costs)
- Private market premium reductions: $50-100B (competitive pressure lowers private premiums)
- Prescription drug negotiation: $150-200B (included in earlier expenditure analysis)
- Administrative simplification: $50-100B (included in earlier expenditure analysis)
Net Impact:
- Public option federal cost: $74-104B (Year 5 steady-state)
- System-wide healthcare savings: $270-430B annually
- Net healthcare savings: $166-356B annually (even accounting for public option costs)
Implementation Timeline:
Days 1-60 (Design Phase):
- HHS convenes stakeholder consultation (insurers, providers, patient advocates, states)
- Draft benefit package specifications
- Determine provider payment rates (analyze Medicare adequacy)
- Design premium sliding scale and subsidy structure
- Develop enrollment and claims processing systems requirements
Days 61-120 (Draft Legislation):
- HHS delivers draft legislation to Congress
- CBO scoring process begins (cost estimates, enrollment projections)
- Committee hearings and markup
Days 121-180 (Refinement and CBO Scoring):
- Revise based on Congressional feedback and CBO preliminary score
- Finalize legislative text
- Build political coalition for passage
Months 6-12 (Legislative Process):
- Congressional consideration (House, Senate)
- Budget reconciliation option if necessary (simple majority)
- Presidential signature
Year 2 (Buildout Phase):
- CMS builds administrative infrastructure (OPO)
- Provider outreach and enrollment
- Technology system development (healthcare.gov integration)
- Marketing and public education campaign
- Hire customer service staff
Year 3 (Launch):
- Open enrollment begins (October Year 2 for January Year 3 coverage)
- Coverage begins for first enrollees
- Monitor enrollment, costs, provider participation
- Rapid response team for implementation issues
Years 4-5 (Optimization):
- Expand benefits if fiscally sustainable (add dental/vision)
- Adjust payment rates based on provider participation
- Evaluate cost-sharing structure (reduce premiums if surplus)
- Consider employer purchasing option
Political Strategy and Stakeholder Management:
Coalition Building:
- Patient advocates (universal coverage, affordability)
- Labor unions (employer healthcare costs reduced)
- Small businesses (alternative to expensive private plans)
- Hospitals and providers (payment for currently uninsured patients, reduced uncompensated care)
- State governments (Medicaid cost control option)
Opposition and Counterarguments:
Private insurance industry: “Government takeover, kills private insurance”
- Response: Public option is choice, not mandate; private insurance thrives in Medicare Advantage market (30%+ of seniors); competition improves quality
Providers: “Medicare rates too low, threatens access”
- Response: Medicare+10-15% rates more sustainable than current uninsured uncompensated care; rural adjustments address access concerns
Fiscal conservatives: “Unaffordable, adds to deficit”
- Response: Premiums cover 50-60% of costs; net cost <$100B offset by system-wide savings $270-430B; healthcare spending as % of GDP decreases
Constitutional challenges: Unlikely (ACA upheld, government insurance programs well-established)
Communication Strategy:
- Lead with choice: “If you like your private insurance, keep it”
- Emphasize competition: “Let government compete fairly and see if it can do better”
- Cost savings: “Lower premiums, lower deductibles, lower out-of-pocket costs”
- Universal coverage: “No American should go bankrupt from medical bills”
- Medicare model: “We trust Medicare for seniors; extend that option to everyone”
The Freedom to Vote and Fair Elections Act
- Goal: To get money out of politics, ensure every vote has equal weight, and restore the principle of one person, one vote.
- Key Provisions (Statutory Changes):
- Public Financing of Elections: Establish a system of public financing for all federal elections to reduce the influence of wealthy donors.
- Ranked-Choice Voting: Implement ranked-choice voting for all federal elections (President, Senate, and House) to ensure that elected officials have majority support and to reduce political polarization.
- End Partisan Gerrymandering: Require all states to use independent, non-partisan commissions to draw congressional districts.
- Expand the House of Representatives: Increase the size of the House of Representatives to reduce the size of congressional districts and make representatives more responsive to their constituents. This would be the first increase since 1929.
- Lobbying Reform: Institute a lifetime ban on former members of Congress and their senior staff becoming lobbyists.
Structural Constitutional Reform
- Goal: To modernize the U.S. system of government to better reflect the principle of democratic equality, in line with the Constitution’s preamble to “form a more perfect Union.”
- Key Provisions (Constitutional Amendments Advised):
- Abolish the Electoral College: Propose a constitutional amendment to abolish the Electoral College and replace it with a national popular vote for President. This would ensure that every vote for President is counted equally, regardless of where it is cast. As an interim measure, the executive branch will support the National Popular Vote Interstate Compact.
- Overturn Citizens United: Propose a constitutional amendment to overturn the Citizens United decision and other related cases to allow for reasonable, content-neutral limits on the raising and spending of money in politics.
- Senate Reform: Acknowledge that the current structure of the Senate, where each state has two senators regardless of population, is a significant deviation from the principle of one person, one vote. While amending this feature of the Constitution is a high bar, the administration will support legislation to grant statehood to Washington D.C. and Puerto Rico to make the Senate more representative of the nation’s population. A national conversation on further Senate reform will be initiated.
The American Communication and Information Act
- Goal: To ensure universal access to high-speed internet and quality information as essential infrastructure for economic opportunity and democratic participation in the 21st century.
- Key Provisions:
- Universal Broadband as Essential Service: Declare broadband internet an essential utility requiring universal coverage, similar to the Rural Electrification Act of 1936.
- $150 Billion Infrastructure Investment: Federal funding for fiber optic and 5G buildout to every community, funded through infrastructure bonds repaid by user fees and spectrum auctions.
- Public Option Internet Service: Where private telecom companies have failed to serve rural, tribal, and low-income communities, establish public option ISP (modeled on Tennessee Valley Authority).
- Media Ownership Limits: Prevent any single company from controlling more than 10% of local news market; break up existing monopolies through antitrust enforcement.
- Public Media Expansion: Increase PBS/NPR funding 10x (to $5 billion annually) to ensure quality, non-partisan news available to all Americans.
- Local Journalism Grants: Federal support for investigative reporting in communities where hedge funds have eliminated local newspapers (1,800+ since 2004).
- Media Literacy Education: Grants to states for K-12 curriculum teaching critical thinking, source evaluation, and resistance to misinformation.
Constitutional Authority: Commerce Clause (interstate communication), precedent of Rural Electrification Act, government speech doctrine (public media), antitrust authority.
Implementation Note: Executive actions (Day 1) can begin grant acceleration and compliance review. Public option and major funding increases require Congressional authorization. Media ownership limits enforceable under existing antitrust law.
Full legal analysis and implementation details to be added in subsequent draft.
The Tax Justice and Economic Fairness Act
- Goal: To create a tax system that is fair and progressive.
- Key Provisions:
- A new top marginal income tax rate of 70% on all income over $10 million.
- Taxing capital gains and dividends at the same rate as wages.
- A 2% annual wealth tax on all assets over $50 million.
- A strengthened estate tax with a lower exemption and a higher top rate.
- A financial transaction tax of 0.1% on all stock, bond, and derivative trades.
The Workers’ Bill of Rights
- Goal: To restore the balance of power between labor and capital.
- Key Provisions:
- The passage of the Protecting the Right to Organize (PRO) Act.
- An increase in the federal minimum wage to $25 per hour, indexed to inflation.
- A national paid family and medical leave program.
- A federal job guarantee, providing a public sector job at a living wage to any American who wants one.
Federal Job Guarantee: Implementation Framework
The Federal Job Guarantee is the cornerstone of the Workers’ Bill of Rights, ensuring that every American who wants to work can find dignified employment at a living wage. This section provides operational details for implementing this transformative program.
Program Scope and Eligibility:
Eligibility Criteria:
- Any U.S. citizen or lawful permanent resident age 18+
- No means testing or work history requirements
- No skills assessment or educational prerequisites
- Voluntary participation (not workfare or mandatory)
- Available to currently unemployed, underemployed, caregivers re-entering workforce, students seeking work-study
Wage and Benefits:
- Baseline wage: $25 per hour (equivalent to ~$52,000 annually for full-time)
- Benefits package: Health insurance (public option), retirement contributions (federal pension or 401k match), paid leave, unemployment insurance
- Total compensation: ~$68,000 per worker annually (including 30% benefits load)
- Wage indexing: Annual adjustment for inflation (CPI-W)
- Part-time options: Available for caregivers, students, and those transitioning to private sector
Exclusions and Limitations:
- Not available to individuals with current full-time private sector employment
- Does not replace existing public sector employment (separate hiring processes)
- Time limits: None (jobs available as long as needed, but program designs assume most will transition to private sector within 6-18 months)
Job Types and Work Categories:
The program will focus on socially valuable work that is chronically underfunded and addresses real community needs:
1. Infrastructure and Climate Resilience ($100-200B annual allocation)
- Weatherization of public buildings and low-income housing
- Park maintenance, trail building, urban forestry
- Public transit support (cleaning, customer service, accessibility)
- Flood control, coastal restoration, wildfire prevention
- Rural broadband installation and digital infrastructure
2. Care Work and Social Services ($100-150B annual allocation)
- Childcare assistance in Head Start and public schools
- Elder care support in nursing homes and home health
- Mental health peer counselors and addiction recovery support
- Disability services and accessibility improvements
- Community health education and outreach
3. Education and Youth Services ($50-100B annual allocation)
- Teacher’s aides and tutoring support
- After-school programs and youth mentorship
- Library support and literacy programs
- Adult education and ESL instruction
- STEM education outreach
4. Environmental Conservation ($40-80B annual allocation)
- Modern Civilian Conservation Corps (CCC): Trail building, habitat restoration
- Urban agriculture and community gardens
- Recycling program expansion and waste reduction
- Water quality monitoring and watershed protection
- Wildlife management and invasive species removal
5. Arts, Culture, and Community Development ($20-40B annual allocation)
- Public art programs and cultural events
- Historic preservation and archives
- Community center programming
- Local journalism and civic media support
- Cultural heritage documentation
6. Administrative and Support Services ($20-40B annual allocation)
- Government office support (non-sensitive roles)
- Data entry and digitization projects
- Language translation services
- Customer service for federal programs
- Program evaluation and surveying
Administration and Governance:
Federal Structure Option:
- New agency: National Employment Service (NES) within Department of Labor
- Regional offices in all 50 states (similar to VA structure)
- Local implementation through county/municipal partnerships
- Direct federal employment with consistent standards nationwide
Federal-State Partnership Option:
- Federal funding + oversight, state/local administration
- Block grants to states based on unemployment rate and population
- States design specific programs within federal guidelines
- Federal quality standards and worker protections
Hybrid Model (Recommended):
- Federal administration for core functions (payroll, benefits, eligibility)
- State/local design for job assignments (community needs vary)
- Non-profit partnerships for specialized programs (e.g., Habitat for Humanity for housing projects)
- Private sector coordination to avoid displacement and facilitate transitions
Staffing Requirements:
- Federal administrators: ~25,000 positions (program management, oversight)
- Regional coordinators: ~5,000 positions (state-level implementation)
- Direct supervisors: 1 per 15-20 workers = 250,000-500,000 supervisory positions (depending on enrollment)
- Many supervisors can be graduates of the program itself (career pathways)
Cost Analysis and Fiscal Impact:
Baseline Scenario (5 million enrollees):
- Direct compensation: 5M workers × $68K = $340 billion annually
- Administration: ~5% overhead = $17 billion
- Capital equipment and supplies: ~2% = $7 billion
- Total annual cost: $364 billion
High-Enrollment Scenario (10 million enrollees):
- Direct compensation: 10M workers × $68K = $680 billion annually
- Administration: ~4% overhead (economies of scale) = $27 billion
- Capital equipment and supplies: ~2% = $14 billion
- Total annual cost: $721 billion
Counter-Cyclical Nature:
- Enrollment inversely correlated with unemployment rate
- During economic expansion (low unemployment): Fewer participants = lower costs
- During recession (high unemployment): More participants = automatic fiscal stimulus
- Acts as automatic stabilizer, unlike discretionary stimulus requiring Congressional action
Offset by Savings and Secondary Effects:
- Unemployment insurance savings: $30-50B annually (fewer UI claims)
- SNAP and poverty program reductions: $20-40B annually (workers earning above poverty line)
- Increased tax revenue: $50-100B annually (workers paying income tax, payroll tax, sales tax)
- Reduced incarceration costs: $10-20B annually (employment reduces crime)
- Reduced healthcare costs: $20-30B annually (employment improves health outcomes)
- Total offsets: $130-240B annually
Net Cost:
- 5M enrollees: $364B - $185B (mid-range offsets) = $179B net annual cost
- 10M enrollees: $721B - $185B = $536B net annual cost
Cost Relative to GDP:
- U.S. GDP (2028 projected): ~$30 trillion
- 5M program: 0.6% of GDP
- 10M program: 1.8% of GDP
- For comparison: U.S. defense spending = 3.5% of GDP
Private Sector Displacement Concerns and Mitigation:
Legitimate Concerns:
- Will $25/hour federal jobs undercut private sector employers paying below that wage?
- Will businesses face labor shortages if workers choose guaranteed jobs?
- Will this lead to inflationary pressure?
Mitigation Strategies:
1. Wage Floor, Not Wage Ceiling:
- Program sets baseline: Private sector must compete by offering $25/hour+ or better conditions
- This is a feature, not a bug: Raises wages for lowest-paid workers across economy
- Historical precedent: WWII war industries set wage floors that persisted post-war
2. Job Design to Complement Private Sector:
- Focus on work that private sector chronically underfunds (care work, environmental conservation)
- Avoid direct competition with existing businesses
- Partnerships: Federal workers can support private sector (e.g., elder care workers place patients with private home health agencies)
3. Transition Support:
- Program actively helps participants find private sector jobs
- Job training and credentialing built into work assignments
- Federal employees can leave at any time for private sector opportunities
- Assumes most participants will transition within 6-18 months (program is safety net, not destination)
4. Regional Variation:
- In high-wage areas (San Francisco, NYC), $25/hour is already below market rate
- In low-wage areas (rural South), more impact on local labor markets
- Consider regional wage adjustments (controversial but could address displacement concerns)
5. Employer Response:
- Businesses cannot compete on wages? Must improve working conditions, training, benefits
- Encourages productive investment over low-wage extraction
- Historical analogy: Minimum wage increases force productivity improvements
Implementation Timeline and Pilot Strategy:
Phase 1: Pilot Program (Year 1)
- 5-10 communities selected for diversity (urban/rural, high/low unemployment, regional variation)
- 50,000-100,000 total participants across pilot sites
- Duration: 18 months of operations + 6 months evaluation
- Focus areas: Test administration, job quality, displacement effects, cost projections
- Selected communities receive: Full federal funding, technical assistance, evaluation support
Pilot Site Selection Criteria:
- Geographic diversity (Northeast, South, Midwest, West)
- Urban and rural representation
- Range of unemployment rates (test counter-cyclical aspects)
- State government cooperation (mix of red/blue states to build bipartisan support)
- Existing nonprofit infrastructure for partnerships
Phase 2: Regional Expansion (Years 2-3)
- Expand to 25-30 states based on pilot learnings
- 1-2 million participants nationally
- Refine job categories, administrative processes, cost models
- Build political support through demonstrated success
Phase 3: National Rollout (Years 4-5)
- All 50 states and territories
- 5 million participant capacity (steady-state under normal unemployment)
- Fully operational automatic stabilizer
Success Metrics and Evaluation:
Participant-Level Outcomes:
- Employment rate 12 months after program participation: Target 70%+ in private sector jobs
- Wage progression: Participants earning $25/hour+ in subsequent employment
- Skills acquisition: Certifications and training completed during program
- Health and wellbeing: Self-reported health improvements, mental health outcomes
Community-Level Outcomes:
- Local unemployment rate reduction
- Public infrastructure improvements (parks, weatherization, etc.)
- Community services expansion (childcare slots, elder care hours)
- Social capital: Civic engagement, volunteer rates
Economic Impact:
- Wage floor effects: Did local private sector wages increase?
- Business formation: Did program graduates start businesses?
- Tax revenue: Increased local and federal tax receipts
- Displacement: Did private sector employment decline? (key concern to monitor)
Fiscal Outcomes:
- Total cost per participant vs. projections
- Offsetting savings (UI, SNAP, healthcare, etc.)
- Administrative efficiency (cost per participant placed and supported)
Political Strategy and Coalition Building:
Core Supporters:
- Labor unions (raises wage floor, strengthens worker power)
- Racial justice organizations (addresses unemployment disparities)
- Rural communities (brings jobs to economically distressed areas)
- Disability rights advocates (inclusive employment)
- Environmental groups (conservation and climate work)
Skeptics to Persuade:
- Business groups (emphasize transition support, voluntary nature, avoid displacement)
- Fiscal conservatives (show cost-benefit analysis, offsets, economic growth effects)
- State governments (partner on implementation, address administrative concerns)
Communications Strategy:
- Lead with dignity: “No American who wants to work should be unable to find a job”
- Historical framing: Modern Works Progress Administration (WPA), Civilian Conservation Corps (CCC)
- Counter welfare stigma: This is about work, not handouts
- Emphasize choice: Voluntary program, complement to private sector
The Law Enforcement Professionalization and Accountability Act
Note: This is a comprehensive summary. Full legislative text with detailed subsections is available in police-reform-integration.md.
Overview and Constitutional Basis
Law enforcement officers are entrusted with extraordinary authority: the power to detain, arrest, and in extreme circumstances, use deadly force. This authority demands extraordinary professionalization, training, and accountability. Currently, the United States has no national standards for police training, psychological screening, or certification—a gap that undermines public safety, erodes community trust, and fails officers who deserve clear professional standards.
This Act establishes national minimum standards for law enforcement professionalization while preserving state and local control over police departments. It follows the model of medical licensure, bar admission, and commercial pilot certification: professions with significant public safety implications require federal minimum standards, implemented by states, with public accountability.
Constitutional Authority:
- Spending Clause (Art. I, § 8, cl. 1): Congress may condition federal funds on state compliance with federal requirements (South Dakota v. Dole, 483 U.S. 203)
- Commerce Clause (Art. I, § 8, cl. 3): Law enforcement practices affect interstate commerce through civil rights litigation, interstate officer movement, economic impacts
- Section 5 of the 14th Amendment: Congressional authority to enforce equal protection guarantees through appropriate legislation
- Precedent: Federal Aviation Administration (pilots), Food and Drug Administration (medical devices), Department of Education (teacher standards) - all condition federal benefits on professional standards without violating federalism
Title I: National Police Training and Certification Standards
Sec. 101: National Law Enforcement Certification Board
- Established within DOJ with 15 members (law enforcement professionals, civil rights attorneys, psychologists, community representatives, academics)
- Develop, implement, oversee national minimum standards for certification
- 4-year staggered terms; decisions require supermajority (10 of 15)
Sec. 102: National Minimum Training Standards Minimum 600 hours initial training (6 months) including:
- Legal Training (200 hrs): Constitutional law, criminal procedure, use-of-force standards, civil rights
- De-escalation & Crisis Intervention (120 hrs): Verbal de-escalation, mental health crisis response, implicit bias, cultural competency
- Use of Force (80 hrs): Force continuum, less-lethal alternatives, duty to intervene, medical aid protocols
- Community Policing (60 hrs): Community engagement, procedural justice, guardian vs. warrior mentality
- Ethics & Professionalism (40 hrs): Integrity, accountability, whistleblower protections, historical context
- Physical Training (100 hrs): Defensive tactics, firearms, emergency response, first aid
Plus 480 hours (12 weeks) supervised field training and 40 hours annual continuing education.
Sec. 103: Psychological Screening and Evaluation Standards
- Pre-Certification: Comprehensive psychological evaluation (clinical interview, MMPI/PAI assessments, background review)
- Automatic Disqualification: Domestic violence conviction, pattern of violent behavior, incompatible mental illness, untreated substance abuse
- Biennial Re-Evaluation: All officers re-screened every 2 years; mandatory counseling referral if concerns identified
- Fitness-for-Duty: Required after shootings, excessive force complaints, or supervisor concerns
- Mental Health Support: Confidential counseling, post-incident trauma support, peer programs; no adverse action for seeking help
Sec. 104: National Law Enforcement Certification
- Federal certification issued to individuals completing training, passing exams, psychological screening, background checks
- States may establish certification boards meeting/exceeding federal standards (approved by Board)
- Interstate reciprocity for certified officers
- Renewal every 2 years (continuing education + psych re-evaluation + clean disciplinary record)
- Revocation for criminal convictions, sustained excessive force findings, psychological fitness failures, false statements
- Appeals process for denial/revocation decisions
Sec. 105: National Law Enforcement Accountability Database
- Maintained by DOJ; tracks certification status, training, use-of-force incidents, complaints, investigations, discipline, terminations
- Mandatory reporting by agencies receiving federal funds (within 30 days for force incidents/discipline)
- Law enforcement access for hiring decisions (prevents problem officers moving jurisdictions)
- Public quarterly reports (aggregate statistics, trends, disparities analysis)
- Privacy protections: Unsubstantiated complaints removed after 5 years; officers can challenge/append explanations
Title II: Use of Force Standards and De-escalation Requirements
Sec. 201: National Minimum Use-of-Force Standards
- Duty to De-escalate: Primary duty to attempt de-escalation before force (when feasible/safe)
- Force Continuum: Presence/verbal → empty-hand control → less-lethal → lethal (only for imminent death/serious bodily harm threat)
- Prohibited Practices: Neck restraints (except when lethal force authorized), shooting at moving vehicles (except lethal threat), warning shots in populated areas, prolonged prone restraint
- Duty to Intervene: Affirmative duty to stop other officers from excessive force (failure = discipline/certification revocation)
- Duty to Render Aid: Request medical help, provide first aid, monitor for distress, facilitate transport
- Duty to Report: Immediate supervisor notification + written report within 24 hours
Sec. 202: Reporting and Investigation
- All force incidents reported to supervisor, internal affairs (24 hrs), National Database (30 days)
- Deaths/serious injuries investigated by independent agency (not officer’s department)
- Body cameras required (activated during encounters; 2-year retention; footage provided upon request)
Sec. 203: De-escalation Training and Crisis Intervention
- Mandatory Crisis Intervention Team (CIT) training (mental health recognition, verbal de-escalation, coordination with mental health professionals)
- DOJ grants for co-responder programs (officers + mental health professionals)
- Grants for alternative response models (mental health teams for non-violent calls)
Title III: Accountability, Transparency, and Community Oversight
Sec. 301: Civilian Review Boards
- DOJ grants for jurisdictions creating independent civilian review boards
- Authority to review complaints, investigate, subpoena, recommend discipline, issue public reports
- Requirements: Majority community members (not law enforcement), demographic diversity, adequate funding/staff, subpoena power
Sec. 302: Qualified Immunity Reform Legislative Statement: Qualified immunity undermines accountability for constitutional violations. Officers deserve protection from frivolous suits, but not for clearly unconstitutional conduct.
Modification to 42 U.S.C. § 1983: Officers not entitled to qualified immunity when:
- Officer violated clearly established constitutional rights, OR
- Reasonable officer would have known conduct was unlawful, OR
- Officer acted in bad faith or with malicious intent
Officers retain immunity for good-faith reasonable mistakes. Damages capped ($250K compensatory, $500K if punitive warranted); covered by municipal insurance/state funds (officers not personally liable except criminal/egregious bad faith).
Sec. 303: Pattern or Practice Enforcement
- Expanded DOJ Civil Rights Division funding for investigations under 34 U.S.C. § 12601
- Consent decrees for departments with patterns of violations (policy reforms, training, supervision, monitoring, reporting)
- Agencies refusing consent decrees ineligible for federal grants until violations remedied
Title IV: Federal Funding and Incentives
Sec. 401: Conditioning Federal Grants on Compliance Beginning 3 years after enactment, federal law enforcement grants (Byrne JAG, COPS, etc.) require:
- Use-of-force policies meeting federal standards
- Participation in National Accountability Database
- Officers hold valid federal/approved state certification
- Body camera programs with mandatory activation
- Independent complaint investigation or civilian review board
3-year phase-in; DOJ technical assistance provided; good-cause waivers available (1 year, renewable once).
Sec. 402: Federal Grants for Professionalization (5-year authorization)
- Training Infrastructure: $500M annually (academies, screening programs, certification boards, reciprocity)
- Recruitment & Retention: $250M annually (diverse recruitment, competitive salaries, tuition reimbursement, retention bonuses)
- Mental Health & Wellness: $100M annually (confidential counseling, peer support, family services, trauma counseling)
- Community Policing Innovation: $300M annually (co-responder programs, alternative response, community initiatives, restorative justice)
Sec. 403: Sunset Provision Grant programs authorized 5 years; Congress must reauthorize. Compliance requirements (Sec. 401) remain unless repealed.
Title V: Implementation Timeline and GAO Oversight
Sec. 501: Implementation Timeline
- Year 1: Board established, standards finalized, database operational
- Year 2: First state certifications approved, first officers certified, use-of-force standards published
- Year 3: Full compliance required for federal funding
Sec. 502: GAO Reports and Oversight Biennial reports evaluating: certification rates, state compliance, use-of-force data/disparities, complaint/discipline data, training/screening effectiveness, recommendations for improvements. Submitted to Congress and publicly released.
Title VI: Fiscal Authorization
Sec. 601: Authorized Appropriations (FY 2026-2030)
- Certification Board: $50M annually
- Accountability Database: $75M annually
- Training grants: $500M annually
- Recruitment grants: $250M annually
- Mental health grants: $100M annually
- Community policing grants: $300M annually
- DOJ technical assistance: $100M annually
- GAO evaluation: $25M annually
Total: $1.4 billion annually
Expected Outcomes (5-Year Goals)
Officer Professionalization:
- 80% of active officers federally certified or approved state certified
- Officer job satisfaction increases (better training, clearer standards, professional respect)
- More diverse recruitment as profession becomes more attractive
Use of Force Reduction:
- 30% reduction in police shootings nationally
- 50% reduction in excessive force complaints
- Near-elimination of deaths from neck restraints/positional asphyxia
Community Trust:
- Public confidence in police increases from 53% to 70%
- Complaint rates decline as screening improves
- Reduced racial disparities in use of force
Accountability:
- Database operational in all 50 states
- 90% reduction in problem officers moving jurisdictions undetected
- Civil rights lawsuit settlements decline 40%
Fiscal Impact:
- Cost: $1.4B annually (less than 0.2% of current $115B U.S. police spending)
- Savings: $340-540M annually (reduced lawsuits, insurance, improved outcomes)
- Net cost: ~$860M-$1.06B annually ($4.24 per American)
Legal and Political Considerations
Legal Risk Assessment: LOW-MEDIUM
- Spending Clause conditioning upheld in South Dakota v. Dole
- Voluntary state participation avoids 10th Amendment commandeering concerns
- Federal professional standards have strong precedent (FAA, FDA, medical licensing)
- Qualified immunity reform will face strong opposition and possible judicial challenges
- Database may face privacy challenges but includes due process protections
Political Considerations:
- Bipartisan potential: Law enforcement professionalization appeals to “law and order” conservatives; accountability/civil rights protections appeal to progressives
- Law enforcement support: Many police professional associations support higher standards, better training, mental health support (resistance typically from union leadership/politicians, not rank-and-file)
- Public support: Polling shows 60-70% support for police reform including training, accountability, community oversight
- Implementation challenges: Small/rural departments may need extra support; 3-year phase-in and federal grants address this
International Precedent:
- Germany: 2.5-3 years training; ~10 police shootings annually (83M population)
- Norway: 3 years training; ~2 police shootings annually (5.4M population)
- Finland: 3 years training; extremely selective (10% acceptance); high community trust
- UK: 2+ years training; most officers unarmed; “policing by consent” model
U.S. Precedent:
- Medical licensing: Federal standards transformed medicine from variable quality to respected profession
- Pilot certification: FAA requirements made aviation safest transportation mode
- Both demonstrate federal professional standards work without violating federalism
The Equal Opportunity in Education Act
- Goal: To restore educational opportunity as the foundation of the American Dream, ensuring every child can rise as far as their talents and hard work will take them, regardless of family wealth or zip code.
- Key Provisions:
- Universal Pre-K: Free, high-quality pre-kindergarten for all 3-4 year olds nationwide. Proven ROI of $7 return for every $1 invested through better earnings, lower crime, and improved health outcomes. Cost: $75-100B annually.
- Free Public College: Eliminate tuition at all public colleges and universities. If you get in, you can afford to go. Restores access that existed through California Master Plan (free tuition through 1970s) and GI Bill model. Cost: $75-100B annually.
- K-12 Funding Equalization: Federal grants to states that adopt equitable funding formulas ensuring every school meets minimum per-pupil spending regardless of local property values. Address persistent “separate and unequal” funding 70 years after Brown v. Board. Cost: $150B annually.
- Student Debt Relief: Significant cancellation for existing borrowers (scope subject to legal authority analysis), income-driven repayment capped at 5% of discretionary income, and expansion of public service loan forgiveness. Addresses $1.7 trillion debt burden affecting 45 million Americans.
- Media Literacy Curriculum: Federal grants for states to develop critical thinking and source evaluation curricula. Teaches students to identify credible sources, fact-check claims, and recognize bias. Non-partisan focus on skills, not ideology. Cost: $5-10B annually.
- For-Profit College Crackdown: Restore “gainful employment” rules requiring colleges to demonstrate graduates earn enough to repay loans. Cut federal funding to institutions with high debt, low earnings outcomes. Prosecute fraud aggressively.
Constitutional Authority: Equal Protection Clause (educational opportunity), federal student loan system already under federal control, Commerce Clause (education affects interstate economy), conditional spending to incentivize state policy changes (precedent: Medicaid expansion, drinking age).
Implementation Note: Day 60 executive action initiates planning and analysis. Student debt relief authority under Higher Education Act contested after Biden v. Nebraska (2023); legislative path preferred. Pre-K, free college, and K-12 equalization require Congressional appropriations. Media literacy and for-profit college enforcement within existing executive authority.
Connection to Democracy: Informed citizenry requires quality education and media literacy. Civic knowledge at historic lows (13% of 8th graders proficient in U.S. history). Economic opportunity reduces anti-democratic populism and polarization.
Full legal analysis and implementation details to be added in subsequent draft.
The 21st Century Antitrust and Competition Act
- Goal: To break up monopolies and promote a competitive and innovative economy.
- Key Provisions:
- A ban on all mergers and acquisitions by companies with a market capitalization of over $100 billion.
- The breakup of major tech companies and other monopolies.
- A new federal agency with the power to regulate digital platforms.