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The Checklist
                                                               Changing America’s Course
The heriTage FoundaTion welcomes the choice made by our country’s conservative majority. The voters decided to
send to Congress men and women pledged to act upon the principles of free enterprise, limited government, individual
freedom, traditional The Issue:                                                    •	 An Increasingly Dangerous World. Transnationa
                      American values and a strong national defense. Heritage has compiled this checklist of five overrid-
ing actions, representing the bare minimum required for Washington to fulfill rampant anti-Americanism, unaccountable intern
                                                                                      its electoral mandate, meet its consti-
                     The United States is the world’s strongest, most prosperous,     tions, nuclear proliferation, and regional conflict a
tutional responsibilities and get America started on the right track. We must now hold our representatives, senators and
                     most just, and freest nation. Yet the path we have been fol-     our security, our liberties, and our prosperity. The
President accountable andis turning America into a very different place: a country
                     lowing tell them: geT To Work!                                   rogue nations and hostile non-state actors to use
                        stifled by a highly regulated economy, nationalized industries,             mass destruction against the United States creat
                        and government-run health care, ruled more by bureaucrats              HOUSEcompelling interest in America’s actively defendin
                                                                                                                  SENATE          PRESIDENT
 FREEZE AND CUT SPENDING: Congress must immediately freeze
                        and judges than by the consent of the governed and with a                   pelling interest in America’s actively defending its
 discretionary budget authority at 2010 levels; and cut at least $170 billion
                        foreign policy that pays far too much deference to international
 from the federal budget for fiscal yearerodesThis is only a first step. In the
                        organizations and 2012. American sovereignty. The American
 past four years, Congress has approved more spending than even the policies of
                        people now face the choice of either continuing the                       The SoluTionS:
 bureaucrats can handle. Congress must immediately survey to a new direction that
                        progressive liberalism or changing course unobligated
                                                                                                 •	 Reset America’s Compass. Despite constant cri
 balances of all appropriations made in theand oriented toward renewing America’s
                        is guided by principle past four years and should
                                                                                                    scorn by academic elites, politicians, and the pop
 reclaim these unspent taxpayer fundsand promise. to reduce the deficit.
                        greatest purpose and use them
                                                                                                    most Americans still believe in the uniqueness of
                                                                                                    and respect the principles that define its meaning
 REPEAL OBAMACARE: Congress must immediately pass a bill that repeals
                        The FacTs:                                                                  look to the principles and practices of the Americ
 Obamacare. Until Congress is able to get the President to sign a law                               not as a matter of historical curiosity, but as a sou
                        •	 We Hold These Truths. America key provisions and
 repealing Obamacare, it must withhold funding, block is unique in its dedication to                ance and direction for our times.
 override regulations carrying out Obamacare.and constitutional government. The
                           the principles of liberty Only after Obamacare is
                           United States stands for the proposition—proclaimed in the            •	 Take Back Our Fiscal Future. The first step towa
 rejected, can Congress undertake a careful, thoughtful legislative process to
                           Declaration of Independence and embodied in the Constitu-                budget responsibility is to reform the budget dec
 make practical adjustments that allow the free market to provide affordable,
                           tion—that all are created equal and endowed by their Creator             so that Social Security, Medicare, and Medicaid—
 effective health care insurance choices.
                           with unalienable rights to life, liberty, and the pursuit of happi-      drivers of escalating deficits—are no longer on au
                           ness. Government exists to secure these rights, and its legiti-          order to ensure a fiscally sustainable future and b
 STOP THE OBAMA TAX HIKES: Congress must from the consent of the governed.
                           mate powers are derived reject the Obama tax hikes,                      ardship for younger generations, entitlements mu
 and make permanent the tax cuts of 2001 and 2003, thereby helping the                              formed away from subsidized benefits to everyon
                        •	 Liberalism’s Rejection of America’s Principles. Over the course
 economy grow and create more jobs.                                                                 less of need toward real insurance whereby the g
                           of the 20th century, modern liberalism repudiated America’s core
                                                                                                    spreads risk and protects people against unexpec
                           principles, holding that there are no self-evident truths but only
 PROTECT AMERICA: Congress must pass a budget resolution that won’t put                             devastating occurrences.
                           relative values, no permanent rights but only changing rights held
 our troops at risk or leave the indulgence of government. Thethis by providing “living”
                           at Americans vulnerable. It can do Constitution is a                  •	 Restore the Institutions of Civil Society. Liberty
 for defense an average document that endlessly(to be adjusted for inflation) times,
                            of $720 billion per year evolves and grows with the                     government rest on the strength of institutions tha
 for each of the next five fiscalis the newaddition to the funding needed for a bet-
                           and it years, in purpose of government to engineer                       our constitutional order. Rather than expanding go
 ongoing contingency operations. Congress must make the defense budgetwealth
                           ter society, assuring equal outcomes and redistributing as               intervention in family life and curtailing religious in
 efficient as possible and reinvestdistant and patronizing welfare state that regulates
                           through a dollars achieved from reforms in the military                  public square, we must advance policy changes th
 to offset the cost of modernizingmoredeveloping next-generation equipment.
                           more and and of America’s economy, politics, and society.                marriage and the family and recognize a robust un
                                                                                                    of religion in society.
                        •	 Unlimited Government. As a result, the federal govern-
 GET CONTROL OF GOVERNMENT:dominates virtually every area of life, and we are
                           ment now
                                         Congress must immediately reestablish
                                                                                                 •	 Look to the States. Self-government cannot be re
 legislative accountability by posting completeweb of its policies and procedures.
                           wrapped in an intricate legislation, ending earmarks,                    out a decided reversal of administrative centralizat
 reviewing all unauthorized programs and respecting constitutional limits with
                           While Congress passes massive pieces of legislation                      United States, and that means a significant decen
 on government. Congress must check executive branch overreach with promul-
                           little serious deliberation, the majority of “laws” are                  power and vast areas of policymaking from the fede
 aggressive oversight, roll back recent government interventions, stop
                           gated in the guise of “regulations” by administrators who are            ment to states, local communities, neighborhoods,
 unnecessary administrative regulations and sunset new ones, restrictThe United
                           mostly unaccountable and invisible to the public.                        and citizens. Education, health care, transportation,
 bureaucrats’ rulemaking authority and overridecontrols formerly private banks, a
                           States government now expansive executive orders.                        enforcement, and homeland security—all issues th
                           major insurance firm, and significant lenders of home loans,             decades have become federal concerns but are be
                           and has stock ownership in leading automobile companies,                 with at the state and local levels of government—
                           assuring equal outcomes and redistributing wealth through.               this kind of reform.


                                                                                heritage.org/solutions
November 3, 2010


                                   Freeze and Cut Spending
The Issue:                                                               •	 Cut Spending: Congress must immediately cut at least $170
                                                                            billion from the federal budget (CBO baseline) for fiscal year
Congress should craft a spending solution for the long-term.
                                                                            2012. This is only a significant and plausible first step—more
But while Congress works diligently on a vitally needed ulti-
                                                                            will be necessary.
mate solution to entitlements and welfare, it must take immedi-
ate steps to freeze and cut Federal spending. Cuts cannot wait.          •	 Survey Unobligated Balances: Congress must immediately
                                                                            survey unobligated balances of all appropriations made in
Congress must immediately freeze discretionary budget                       the past four years and should reclaim unspent taxpayer
authority at 2010 levels and cut at least $170 billion from                 funds not needed for vital functions like military operations or
the federal budget for fiscal year 2012. This is only a first step,         homeland security. These funds can then be used to reduce
but significant to demonstrate real resolve and get spending                the deficit.
under control. In the past four years, Congress has approved
more spending than even the bureaucrats can handle. Congress             •	 Stop Digging. Any new unemployment assistance should
must immediately survey unobligated balances of all appropria-              be offset by spending cuts elsewhere. Any remaining unob-
tions made in the past four years and should reclaim these                  ligated TARP funds should be rescinded before they can be
unspent taxpayer funds and use them to reduce the deficit.                  allocated to new spending. Most important, lawmakers must
                                                                            repeal Obamacare, a ticking spending and deficit time bomb.

The FacTs:                                                               •	 Rein in Entitlements: Congress cannot rein in runaway
                                                                            spending without substantive reforms to make these pro-
•	 Soaring Spending: Federal spending per household, which                  grams affordable and more effective.
   has already surged from $25,000 to $30,000 since 2008,
   would reach $36,000 by 2020 under President Obama’s                   •	 Establish Reasonable Fiscal Constraints in Welfare
   budget (adjusted for inflation).                                         Spending. Congress should establish an aggregate cap
                                                                            on means-tested welfare spending in future years. The cap
•	 Debt and Taxes: Even with $3 trillion in tax increases over              would require that when the recession ends, aggregate
   the next decade that President Obama proposes, his bud-                  means-tested welfare would be returned to pre-recession
   get would double the national debt to more than $20 trillion             levels (adjusted for inflation), and in subsequent years would
   ($138,000 per household) by 2020.                                        grow no faster than inflation.
•	 Spending is Driving Long-Term Deficits: Soaring spending              •	 Ban Corporate Welfare. Lawmakers should reform America’s
   drives America’s dangerous deficits. By 2020, federal spend-             largest corporate welfare program—farm subsidies, which are
   ing, which has averaged 20% of the gross domestic product                overwhelmingly distributed to large, profitable agribusinesses
   (GDP) since World War II, will soar to 26%. Revenues are                 rather than struggling family farmers. Other corporate welfare
   likely to return to their post-World War II average of 18% of            programs like the Technology Innovation Program should be
   GDP by 2020, even if the 2001 and 2003 tax relief is made                eliminated.
   permanent. Thus, with current spending and taxing policies,
   spending is the variable that drives up deficits.                     •	 Eliminate Pork and Waste. In fiscal year 2009, for example,
                                                                            Washington lost $98 billion to payment errors and paid $25
                                                                            billion to maintain vacant federal properties. Washington also
CONGRESS MUST:                                                              diverts about $20 billion annually into pork projects, by assign-
                                                                            ing taxpayer dollars based on lobbying rather than merit.
•	 Freeze Spending: Congress must by law ensure that the
   total amount of discretionary budget authority for the Fed-           •	 Bring Federal Pay in Line with the Private Sector. Congress
   eral Government in fiscal year 2011 cannot exceed the total              should bring equity to federal pay and align federal compensa-
   amount in fiscal year 2010.                                              tion with market rates. When fully implemented it would save
                                                                            taxpayers approximately $47 billion a year.




                                                       heritage.org/solutions
 Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies
based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
November 3, 2010


                                            Repeal Obamacare
The Issue:                                                                 goal is to try to strike down as unconstitutional Obamacare’s
                                                                           commands to States to expand their Medicaid programs and
The “Patient Protection and Affordable Care Act” (Public Law
                                                                           set up federally designed health insurance exchanges and to
111-148, as amended, known as “Obamacare”) is an abject fail-
                                                                           individuals to buy insurance or suffer penalties.
ure. Congress should pass a law repealing the Obamacare stat-
ute and thereafter undertake a careful, thoughtful legislative pro-      •	 Federal Taxpayers Hit the Hardest: Obamacare will add a
cess to make practical adjustments that allow the free market to            trillion dollars in new Federal spending and create spending
provide affordable, effective health care insurance choices.                “time bombs” set to go off in 2014. These come in the form
                                                                            of prohibitively expensive new entitlements for long-term
Until Congress is able to get the President to sign a law repeal-
                                                                            care and for insurance subsidies (which discourage work and
ing Obamacare, Congress should in the meantime endeavor to
                                                                            penalize marriage). Obamacare will also impose about a half-
withhold funding, block key provisions, and override regulations
                                                                            trillion dollars in new taxes over the next decade, which fall
carrying out Obamacare.
                                                                            heavily on the middle-class.

The FacTs:
                                                                         CONGRESS MUST:
•	 Workers and Families Face Increased Costs: Businesses
   will suffer under Obamacare by facing higher costs. They              •	 Repeal Obamacare: Congress must immediately pass a law
   are struggling to meet disruptive employer mandates; accom-              repealing Obamacare.
   modate new taxes on insurance, drugs, medical devices and
                                                                         •	 Without Presidential Signature—Withhold Funding, Block
   investment; and comply with piles of Federal agency regula-
                                                                            Provisions and Regulations: Until Obamacare is repealed,
   tions and IRS paperwork. These costs will be either passed
                                                                            Congress should withhold funding, block key provisions, and
   on to customers or to employees who will face lower wages
                                                                            override regulations carrying out Obamacare.
   or lost jobs.
                                                                         •	 Proceed Carefully Towards Market-Based Reform: After
•	 Senior Americans Lose Access: Many seniors will find that
                                                                            Congress repeals Obamacare, it should give thoughtful con-
   access to health care will become more difficult because of
                                                                            sideration to practical adjustments to permit the free market
   massive reductions in Medicare payments. Deep cuts to pri-
                                                                            to furnish Americans with affordable, effective health care
   vate Medicare Advantage options alone will cause 7 million
                                                      .4
                                                                            insurance choices.
   seniors to lose current coverage.
                                                                         •	 Promote Personal Control: Congress should promote per-
•	 Physicians Lose Too: Obamacare did not fix the Medicare
                                                                            sonal control of health coverage and costs through the free
   physician payment formula, so doctors face a 23 percent pay-
                                                                            market, where individuals have the opportunity to make
   ment cut in December 2010. The increase in the number of
                                                                            market decisions based on price and value. For example,
   Americans enrolled in Medicaid, combined with the fact that
                                                                            Congress should provide tax relief for individual taxpay-
   Medicaid pays doctors an average of 56 percent of what they
                                                                            ers who purchase health care coverage on their own and
   would get in private practice with paying customers, will test
                                                                            should redirect health care spending under the Medicaid
   the willingness of many doctors, and especially specialists,
                                                                            and State Children’s Health Insurance Program (SCHIP) to
   to continue to serve the Medicaid population. Further, under
                                                                            help low-income families and individuals purchase private
   Obamacare doctors face more Federal Government regula-
                                                                            health insurance.
   tions and reporting requirements, driving up the cost and
   hassle of practicing medicine.                                        •	 Enable Portability: Congress also should enact a law that
                                                                            facilitates Federal and State activities to increase the porta-
•	 States Already Objecting: States understand the Obama-
                                                                            bility of private health insurance coverage.
   care disaster and have sued the Federal Government. Their




                                                       heritage.org/solutions
 Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies
based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
November 3, 2010


                                 Stop the Obama Tax Hikes
The Issue:                                                                 ing number of middle-income taxpayers. Moreover, the AMT
                                                                           forces many Americans to figure out their taxes twice, under
President Obama and his allies in Congress have made clear
                                                                           the regular tax regime and then under the AMT tax regime,
they want to raise taxes on January 1, further weakening the
                                                                           to determine which amount they must pay.
American economy, hurting families and costing America jobs.
This must be stopped.                                                    •	 Corporate Taxes Are Too High. Our corporate income rate,
                                                                            at 40 percent, is the second highest in the industrialized
The FacTs:                                                                  world. The average rate for industrialized nations is a sub-
                                                                            stantially lower 26.3 percent. This obviously puts America
•	 The Obama Tax Hikes. These will hit many Americans.                      at a huge disadvantage in the global competition for jobs-
   These hikes include reducing the child tax credit, re-imposing           creating investment.
   the marriage penalty, raising taxes on small businesses
   (the American jobs engine), raising dividend taxes (draining
   seniors’ incomes), raising capital gains taxes (diverting             CONGRESS MUST:
   money from job-creating investments) and raising some
                                                                         •	 Block the Obama Tax Hikes. The current lower taxes must
   personal tax rates.
                                                                            be made permanent for all individuals, businesses, and inves-
•	 Households Are Already Taxed Enough. American house-                     tors. Government must get out of the way so the American
   holds are sending too much of their income to Washington,                economy can grow and create jobs.
   even with the 2001 and 2003 tax relief. For 2008, the average
                                                                         •	 Permanently Eliminate the Death Tax. Congress must stick
   household paid $21,616 in taxes.
                                                                            with current policy and permanently repeal the death tax
•	 The Return of the Death Tax. Under the Obama tax hikes,                  once and for all.
   the death tax, now at 0 percent, will be raised to a top rate of
                                                                         •	 Eliminate the Alternative Minimum Tax. Congress has
   55 percent with a $1 million exemption. Misleadingly sold as
                                                                            enacted temporary patches from time to time to ameliorate
   an easy way to soak only the “rich” the death tax discourages
                                       ,
                                                                            the impact of the AMT on a growing number of taxpayers.
   saving and investing, undermines job-creation, suppresses
                                                                            Congress should repeal the Alternative Minimum Tax for
   productivity and wage growth, and hurts those who have
                                                                            good.
   their savings tied up in land and other hard-to-sell assets.
   Studies show it costs the economy more in lost growth than            •	 Repeal the Obamacare Taxes. As part of the repeal of the
   it raises in revenue.                                                    Obamacare statute, Congress should eliminate the Obama-
                                                                            care taxes, including the “surtax” on dividends and capital
•	 The Problems with the Alternative Minimum Tax.
                                                                            gains which hinders economic growth and job creation.
   Congress created the Alternative Minimum Tax in 1969 to
   prevent the wealthiest 155 Americans from avoiding taxes              •	 Lower Corporate Income Taxes. The top U.S. corporate tax
   completely, but never indexed the tax to account for inflation.          rate should be reduced to 25 percent to help eliminate the
   As a result, the AMT now imposes taxes on an ever-increas-               incentive to move businesses and jobs overseas.




                                                       heritage.org/solutions
 Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies
based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
November 3, 2010


                                                Protect America
The Issue:                                                               •	 Defense Spending Is Near Historical Lows. Defense spend-
                                                                            ing came in at 38% of gross domestic product (GDP) during
The high pace of overseas operations that began in the 1990s
                                                                            World War II; 14% in the Korean War; 10% during the Vietnam
strains every branch of America’s military. Even with the
                                                                            War, and 7% in the Cold War. Yet since 2001, it has averaged
increases in the overall defense budget that took place after
                                                                            roughly 4% of GDP even with the nation at war.
2001, the U.S. armed forces still need better support from
Congress to perform their missions.                                      •	 Obama’s Defense Budgets Will Shrink Even Further. White
                                                                            House budget plans indicate defense budgets will fall to just
To protect America and its interests abroad, and support
                                                                            3% of GDP in 2019.
those in uniform, Congress must provide for defense an aver-
age of $720 billion per year (to be adjusted for inflation) for          •	 Defense Spending Is Not the Cause of America’s Fiscal
each of the next five fiscal years, in addition to the funding              Woes. Mandatory spending on entitlements and interest on
needed for ongoing contingency operations. Congress must                    the debt currently accounts for over 50% of the federal bud-
insist on efficiency within the defense budget as well, and                 get, while defense spending accounts for less than one-fifth.
reinvest dollars achieved from reforms in the military to off-
set the cost of developing and modernizing next-generation
equipment.                                                               CONGRESS MUST:
                                                                         •	 Adequately Fund Defense. Congress must provide for
The FacTs:                                                                  defense an average of $720 billion per year (to be adjusted for
                                                                            inflation) for each of the next five fiscal years, excluding funds
•	 National Defense Is a Constitutional Obligation. The
                                                                            for Afghanistan and Iraq. The annual defense appropriation
   U.S. Constitution directs the federal government first and
                                                                            bills should reflect these spending guidelines and be given
   foremost to provide for the common defense. Only fully
                                                                            priority for floor time and signed into law before the start of
   equipped and modernized forces can assure this end.
                                                                            the fiscal year. This is not an arbitrary number, but one based
•	 Compromising Core Missions Jeopardizes Security.                         on a sound strategic assessment of what armed forces are
   America needs a military capable of fulfilling its core mis-             needed in the future.
   sions. These include protecting our homeland and providing
                                                                         •	 Adopt a Sensible and Efficient Defense Budget. Eliminat-
   security for our allies; ensuring access to sea, air, space, and
                                                                            ing waste and redundancies are worthy goals and should be
   cyberspace; helping our allies build their defenses to better
                                                                            pursued in earnest. Any funds achieved from defense efficien-
   partner with us if needed and defeating enemies on their ter-
                                                                            cies must be reinvested into the defense budget, specifically
   ritory so they cannot attack the U.S. with impunity. We can-
                                                                            to offset the cost of modernizing and developing next-gen-
   not do this with smaller forces and outdated materiel.
                                                                            eration equipment. Real reform means fixing outdated, inef-
•	 Military Equipment Is Aging. The major operations the                    ficient compensation packages (while maintaining effective
   U.S. began in 2001, following a decade of equipment and                  recruitment and retention, and honoring obligations) and busi-
   personnel cuts have worn out the military’s inventory of                 ness practices—not cutting troops and critical capabilities like
   fighting vehicles, planes, and ships much more quickly than              missile defenses and air, land, sea and space superiority. By
   planned. For example, Air Force tactical aircraft are, on                maintaining sensible and stable defense budgets and adopt-
   average, over 20 years old; bombers nearly 30; and tankers               ing better personnel management policies, Congress can find
   about 45 years old. The U.S. must modernize equipment                    the urgently needed funds for modernization and provide a
   to ensure those in uniform can fulfill their missions, deter             steady stream of funding for new, vitally needed equipment
   would-be aggressors, and defend national interests now                   with higher and more efficient production rates, economies
   and in the future.                                                       of scale, and lower production costs.




                                                       heritage.org/solutions
 Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies
based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
November 3, 2010


                               Get Control of Government
The Issue:                                                               •	 Plain English Legislation: For the sake of clarity and
                                                                            accountability and to end the practice of vague references,
The federal government is out of control. Congress passes
                                                                            all language in proposed legislation should be accompanied
massive pieces of legislation with little regard to constitutional
                                                                            by a document clearly marking all changes and deletions from
limits. By vastly exceeding its proper bounds, the federal gov-
                                                                            existing law, as is now done only after a law passes.
ernment continually centralizes and increasingly regulates much
of America’s economy, politics and society.                              •	 Stop Earmarks: Congress must permanently end the ear-
                                                                            marking process which favors local pork projects over the
Congress must immediately reestablish legislative accountabil-
                                                                            national interest.
ity by posting complete legislation, ending earmarks, reviewing
all unauthorized programs and respecting constitutional limits           •	 End Automatic Funding: Any program (other than for physi-
on government. Congress must check executive branch over-                   cal protection of Americans) that Congress has not reautho-
reach with aggressive oversight, roll back recent government                rized must be suspended for review. Committees must not
interventions, stop unnecessary administrative regulations and              be permitted to create new programs with automatic funding
sunset new ones, restrict bureaucrats’ rulemaking authority and             or that specify minimum funding levels to circumvent the
override expansive executive orders.                                        appropriations process.

                                                                         •	 Reassert Constitutional Limits: Rather than deferring to
The FacTs:                                                                  courts, Congress must promptly repeal any unconstitutional
•	 Massive Regulatory Costs: In FY 2010, 43 major regulations               legislation enacted by previous Congresses, consider the con-
   costing more than $26 billion were issued by the Obama                   stitutionality of pending bills and assert constitutional limits
   Administration, the highest annual total on record. The burden           on the size and scope of government.
   of federal regulation per year totals $1.7 trillion—more than         •	 Conduct Aggressive Oversight: In order to enforce legisla-
   Americans annually pay in personal income taxes.                         tive intent, Congress must aggressively oversee how laws
•	 Irresponsible Lawmaking: Congress passes massive                         are being carried out, determine their effectiveness and
   laws, written behind closed doors, filled with arcane cross-             review their impact on society, jobs and the economy.
   references that most Members of Congress neither read nor             •	 Roll Back Government Intervention: Congress must divest
   understand--effectively turning over lawmaking to unaccount-             the federal government as soon as possible of all assets
   able staff and unelected bureaucrats.                                    acquired in the TARP and similar programs, and prevent such
•	 Earmarks Against the National Interest: According to Tax-                interventions in the future.
   payers for Common Sense, the House spending bills for fiscal          •	 Stop Unnecessary Regulations: Congress must use the
   year 2011 decreased earmarks to 3,000. The Senate bills con-             Congressional Review Act to stop new and unnecessary reg-
   tained over 3,700 earmarks worth $6.0 billion, a substantial             ulations. If the President blocks such action, Congress must
   increase.                                                                use appropriations riders to prohibit agencies from adopting
•	 Permanent by Default: According to the Congressional Bud-                such rules.
   get Office, 250 expired federal programs are nevertheless             •	 Sunset New Regulations: To prevent the perpetuation of
   being funded, costing taxpayers $290 billion in FY 2010.                 outdated regulations, all new regulations must include a
                                                                            “sunset” date on which they expire automatically unless
CONGRESS MUST:                                                              specifically renewed.

                                                                         •	 Check Executive Orders: If an executive order issued by
•	 Provide Legislative Text: Each House of Congress must
                                                                            the President is based upon authority under a statutory grant
   adopt a rule requiring the public posting of the text of each
                                                                            of power, Congress must expedite a process to consider
   bill and major amendment not less than 72 hours before floor
                                                                            negating or modifying the underlying authority, and Congress
   debate on that bill or amendment.
                                                                            should override inappropriate executive orders on that basis.


                                                       heritage.org/solutions
 Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies
based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.

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Checklist for Congress

  • 1. The Checklist Changing America’s Course The heriTage FoundaTion welcomes the choice made by our country’s conservative majority. The voters decided to send to Congress men and women pledged to act upon the principles of free enterprise, limited government, individual freedom, traditional The Issue: • An Increasingly Dangerous World. Transnationa American values and a strong national defense. Heritage has compiled this checklist of five overrid- ing actions, representing the bare minimum required for Washington to fulfill rampant anti-Americanism, unaccountable intern its electoral mandate, meet its consti- The United States is the world’s strongest, most prosperous, tions, nuclear proliferation, and regional conflict a tutional responsibilities and get America started on the right track. We must now hold our representatives, senators and most just, and freest nation. Yet the path we have been fol- our security, our liberties, and our prosperity. The President accountable andis turning America into a very different place: a country lowing tell them: geT To Work! rogue nations and hostile non-state actors to use stifled by a highly regulated economy, nationalized industries, mass destruction against the United States creat and government-run health care, ruled more by bureaucrats HOUSEcompelling interest in America’s actively defendin SENATE PRESIDENT FREEZE AND CUT SPENDING: Congress must immediately freeze and judges than by the consent of the governed and with a pelling interest in America’s actively defending its discretionary budget authority at 2010 levels; and cut at least $170 billion foreign policy that pays far too much deference to international from the federal budget for fiscal yearerodesThis is only a first step. In the organizations and 2012. American sovereignty. The American past four years, Congress has approved more spending than even the policies of people now face the choice of either continuing the The SoluTionS: bureaucrats can handle. Congress must immediately survey to a new direction that progressive liberalism or changing course unobligated • Reset America’s Compass. Despite constant cri balances of all appropriations made in theand oriented toward renewing America’s is guided by principle past four years and should scorn by academic elites, politicians, and the pop reclaim these unspent taxpayer fundsand promise. to reduce the deficit. greatest purpose and use them most Americans still believe in the uniqueness of and respect the principles that define its meaning REPEAL OBAMACARE: Congress must immediately pass a bill that repeals The FacTs: look to the principles and practices of the Americ Obamacare. Until Congress is able to get the President to sign a law not as a matter of historical curiosity, but as a sou • We Hold These Truths. America key provisions and repealing Obamacare, it must withhold funding, block is unique in its dedication to ance and direction for our times. override regulations carrying out Obamacare.and constitutional government. The the principles of liberty Only after Obamacare is United States stands for the proposition—proclaimed in the • Take Back Our Fiscal Future. The first step towa rejected, can Congress undertake a careful, thoughtful legislative process to Declaration of Independence and embodied in the Constitu- budget responsibility is to reform the budget dec make practical adjustments that allow the free market to provide affordable, tion—that all are created equal and endowed by their Creator so that Social Security, Medicare, and Medicaid— effective health care insurance choices. with unalienable rights to life, liberty, and the pursuit of happi- drivers of escalating deficits—are no longer on au ness. Government exists to secure these rights, and its legiti- order to ensure a fiscally sustainable future and b STOP THE OBAMA TAX HIKES: Congress must from the consent of the governed. mate powers are derived reject the Obama tax hikes, ardship for younger generations, entitlements mu and make permanent the tax cuts of 2001 and 2003, thereby helping the formed away from subsidized benefits to everyon • Liberalism’s Rejection of America’s Principles. Over the course economy grow and create more jobs. less of need toward real insurance whereby the g of the 20th century, modern liberalism repudiated America’s core spreads risk and protects people against unexpec principles, holding that there are no self-evident truths but only PROTECT AMERICA: Congress must pass a budget resolution that won’t put devastating occurrences. relative values, no permanent rights but only changing rights held our troops at risk or leave the indulgence of government. Thethis by providing “living” at Americans vulnerable. It can do Constitution is a • Restore the Institutions of Civil Society. Liberty for defense an average document that endlessly(to be adjusted for inflation) times, of $720 billion per year evolves and grows with the government rest on the strength of institutions tha for each of the next five fiscalis the newaddition to the funding needed for a bet- and it years, in purpose of government to engineer our constitutional order. Rather than expanding go ongoing contingency operations. Congress must make the defense budgetwealth ter society, assuring equal outcomes and redistributing as intervention in family life and curtailing religious in efficient as possible and reinvestdistant and patronizing welfare state that regulates through a dollars achieved from reforms in the military public square, we must advance policy changes th to offset the cost of modernizingmoredeveloping next-generation equipment. more and and of America’s economy, politics, and society. marriage and the family and recognize a robust un of religion in society. • Unlimited Government. As a result, the federal govern- GET CONTROL OF GOVERNMENT:dominates virtually every area of life, and we are ment now Congress must immediately reestablish • Look to the States. Self-government cannot be re legislative accountability by posting completeweb of its policies and procedures. wrapped in an intricate legislation, ending earmarks, out a decided reversal of administrative centralizat reviewing all unauthorized programs and respecting constitutional limits with While Congress passes massive pieces of legislation United States, and that means a significant decen on government. Congress must check executive branch overreach with promul- little serious deliberation, the majority of “laws” are power and vast areas of policymaking from the fede aggressive oversight, roll back recent government interventions, stop gated in the guise of “regulations” by administrators who are ment to states, local communities, neighborhoods, unnecessary administrative regulations and sunset new ones, restrictThe United mostly unaccountable and invisible to the public. and citizens. Education, health care, transportation, bureaucrats’ rulemaking authority and overridecontrols formerly private banks, a States government now expansive executive orders. enforcement, and homeland security—all issues th major insurance firm, and significant lenders of home loans, decades have become federal concerns but are be and has stock ownership in leading automobile companies, with at the state and local levels of government— assuring equal outcomes and redistributing wealth through. this kind of reform. heritage.org/solutions
  • 2. November 3, 2010 Freeze and Cut Spending The Issue: • Cut Spending: Congress must immediately cut at least $170 billion from the federal budget (CBO baseline) for fiscal year Congress should craft a spending solution for the long-term. 2012. This is only a significant and plausible first step—more But while Congress works diligently on a vitally needed ulti- will be necessary. mate solution to entitlements and welfare, it must take immedi- ate steps to freeze and cut Federal spending. Cuts cannot wait. • Survey Unobligated Balances: Congress must immediately survey unobligated balances of all appropriations made in Congress must immediately freeze discretionary budget the past four years and should reclaim unspent taxpayer authority at 2010 levels and cut at least $170 billion from funds not needed for vital functions like military operations or the federal budget for fiscal year 2012. This is only a first step, homeland security. These funds can then be used to reduce but significant to demonstrate real resolve and get spending the deficit. under control. In the past four years, Congress has approved more spending than even the bureaucrats can handle. Congress • Stop Digging. Any new unemployment assistance should must immediately survey unobligated balances of all appropria- be offset by spending cuts elsewhere. Any remaining unob- tions made in the past four years and should reclaim these ligated TARP funds should be rescinded before they can be unspent taxpayer funds and use them to reduce the deficit. allocated to new spending. Most important, lawmakers must repeal Obamacare, a ticking spending and deficit time bomb. The FacTs: • Rein in Entitlements: Congress cannot rein in runaway spending without substantive reforms to make these pro- • Soaring Spending: Federal spending per household, which grams affordable and more effective. has already surged from $25,000 to $30,000 since 2008, would reach $36,000 by 2020 under President Obama’s • Establish Reasonable Fiscal Constraints in Welfare budget (adjusted for inflation). Spending. Congress should establish an aggregate cap on means-tested welfare spending in future years. The cap • Debt and Taxes: Even with $3 trillion in tax increases over would require that when the recession ends, aggregate the next decade that President Obama proposes, his bud- means-tested welfare would be returned to pre-recession get would double the national debt to more than $20 trillion levels (adjusted for inflation), and in subsequent years would ($138,000 per household) by 2020. grow no faster than inflation. • Spending is Driving Long-Term Deficits: Soaring spending • Ban Corporate Welfare. Lawmakers should reform America’s drives America’s dangerous deficits. By 2020, federal spend- largest corporate welfare program—farm subsidies, which are ing, which has averaged 20% of the gross domestic product overwhelmingly distributed to large, profitable agribusinesses (GDP) since World War II, will soar to 26%. Revenues are rather than struggling family farmers. Other corporate welfare likely to return to their post-World War II average of 18% of programs like the Technology Innovation Program should be GDP by 2020, even if the 2001 and 2003 tax relief is made eliminated. permanent. Thus, with current spending and taxing policies, spending is the variable that drives up deficits. • Eliminate Pork and Waste. In fiscal year 2009, for example, Washington lost $98 billion to payment errors and paid $25 billion to maintain vacant federal properties. Washington also CONGRESS MUST: diverts about $20 billion annually into pork projects, by assign- ing taxpayer dollars based on lobbying rather than merit. • Freeze Spending: Congress must by law ensure that the total amount of discretionary budget authority for the Fed- • Bring Federal Pay in Line with the Private Sector. Congress eral Government in fiscal year 2011 cannot exceed the total should bring equity to federal pay and align federal compensa- amount in fiscal year 2010. tion with market rates. When fully implemented it would save taxpayers approximately $47 billion a year. heritage.org/solutions Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
  • 3. November 3, 2010 Repeal Obamacare The Issue: goal is to try to strike down as unconstitutional Obamacare’s commands to States to expand their Medicaid programs and The “Patient Protection and Affordable Care Act” (Public Law set up federally designed health insurance exchanges and to 111-148, as amended, known as “Obamacare”) is an abject fail- individuals to buy insurance or suffer penalties. ure. Congress should pass a law repealing the Obamacare stat- ute and thereafter undertake a careful, thoughtful legislative pro- • Federal Taxpayers Hit the Hardest: Obamacare will add a cess to make practical adjustments that allow the free market to trillion dollars in new Federal spending and create spending provide affordable, effective health care insurance choices. “time bombs” set to go off in 2014. These come in the form of prohibitively expensive new entitlements for long-term Until Congress is able to get the President to sign a law repeal- care and for insurance subsidies (which discourage work and ing Obamacare, Congress should in the meantime endeavor to penalize marriage). Obamacare will also impose about a half- withhold funding, block key provisions, and override regulations trillion dollars in new taxes over the next decade, which fall carrying out Obamacare. heavily on the middle-class. The FacTs: CONGRESS MUST: • Workers and Families Face Increased Costs: Businesses will suffer under Obamacare by facing higher costs. They • Repeal Obamacare: Congress must immediately pass a law are struggling to meet disruptive employer mandates; accom- repealing Obamacare. modate new taxes on insurance, drugs, medical devices and • Without Presidential Signature—Withhold Funding, Block investment; and comply with piles of Federal agency regula- Provisions and Regulations: Until Obamacare is repealed, tions and IRS paperwork. These costs will be either passed Congress should withhold funding, block key provisions, and on to customers or to employees who will face lower wages override regulations carrying out Obamacare. or lost jobs. • Proceed Carefully Towards Market-Based Reform: After • Senior Americans Lose Access: Many seniors will find that Congress repeals Obamacare, it should give thoughtful con- access to health care will become more difficult because of sideration to practical adjustments to permit the free market massive reductions in Medicare payments. Deep cuts to pri- to furnish Americans with affordable, effective health care vate Medicare Advantage options alone will cause 7 million .4 insurance choices. seniors to lose current coverage. • Promote Personal Control: Congress should promote per- • Physicians Lose Too: Obamacare did not fix the Medicare sonal control of health coverage and costs through the free physician payment formula, so doctors face a 23 percent pay- market, where individuals have the opportunity to make ment cut in December 2010. The increase in the number of market decisions based on price and value. For example, Americans enrolled in Medicaid, combined with the fact that Congress should provide tax relief for individual taxpay- Medicaid pays doctors an average of 56 percent of what they ers who purchase health care coverage on their own and would get in private practice with paying customers, will test should redirect health care spending under the Medicaid the willingness of many doctors, and especially specialists, and State Children’s Health Insurance Program (SCHIP) to to continue to serve the Medicaid population. Further, under help low-income families and individuals purchase private Obamacare doctors face more Federal Government regula- health insurance. tions and reporting requirements, driving up the cost and hassle of practicing medicine. • Enable Portability: Congress also should enact a law that facilitates Federal and State activities to increase the porta- • States Already Objecting: States understand the Obama- bility of private health insurance coverage. care disaster and have sued the Federal Government. Their heritage.org/solutions Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
  • 4. November 3, 2010 Stop the Obama Tax Hikes The Issue: ing number of middle-income taxpayers. Moreover, the AMT forces many Americans to figure out their taxes twice, under President Obama and his allies in Congress have made clear the regular tax regime and then under the AMT tax regime, they want to raise taxes on January 1, further weakening the to determine which amount they must pay. American economy, hurting families and costing America jobs. This must be stopped. • Corporate Taxes Are Too High. Our corporate income rate, at 40 percent, is the second highest in the industrialized The FacTs: world. The average rate for industrialized nations is a sub- stantially lower 26.3 percent. This obviously puts America • The Obama Tax Hikes. These will hit many Americans. at a huge disadvantage in the global competition for jobs- These hikes include reducing the child tax credit, re-imposing creating investment. the marriage penalty, raising taxes on small businesses (the American jobs engine), raising dividend taxes (draining seniors’ incomes), raising capital gains taxes (diverting CONGRESS MUST: money from job-creating investments) and raising some • Block the Obama Tax Hikes. The current lower taxes must personal tax rates. be made permanent for all individuals, businesses, and inves- • Households Are Already Taxed Enough. American house- tors. Government must get out of the way so the American holds are sending too much of their income to Washington, economy can grow and create jobs. even with the 2001 and 2003 tax relief. For 2008, the average • Permanently Eliminate the Death Tax. Congress must stick household paid $21,616 in taxes. with current policy and permanently repeal the death tax • The Return of the Death Tax. Under the Obama tax hikes, once and for all. the death tax, now at 0 percent, will be raised to a top rate of • Eliminate the Alternative Minimum Tax. Congress has 55 percent with a $1 million exemption. Misleadingly sold as enacted temporary patches from time to time to ameliorate an easy way to soak only the “rich” the death tax discourages , the impact of the AMT on a growing number of taxpayers. saving and investing, undermines job-creation, suppresses Congress should repeal the Alternative Minimum Tax for productivity and wage growth, and hurts those who have good. their savings tied up in land and other hard-to-sell assets. Studies show it costs the economy more in lost growth than • Repeal the Obamacare Taxes. As part of the repeal of the it raises in revenue. Obamacare statute, Congress should eliminate the Obama- care taxes, including the “surtax” on dividends and capital • The Problems with the Alternative Minimum Tax. gains which hinders economic growth and job creation. Congress created the Alternative Minimum Tax in 1969 to prevent the wealthiest 155 Americans from avoiding taxes • Lower Corporate Income Taxes. The top U.S. corporate tax completely, but never indexed the tax to account for inflation. rate should be reduced to 25 percent to help eliminate the As a result, the AMT now imposes taxes on an ever-increas- incentive to move businesses and jobs overseas. heritage.org/solutions Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
  • 5. November 3, 2010 Protect America The Issue: • Defense Spending Is Near Historical Lows. Defense spend- ing came in at 38% of gross domestic product (GDP) during The high pace of overseas operations that began in the 1990s World War II; 14% in the Korean War; 10% during the Vietnam strains every branch of America’s military. Even with the War, and 7% in the Cold War. Yet since 2001, it has averaged increases in the overall defense budget that took place after roughly 4% of GDP even with the nation at war. 2001, the U.S. armed forces still need better support from Congress to perform their missions. • Obama’s Defense Budgets Will Shrink Even Further. White House budget plans indicate defense budgets will fall to just To protect America and its interests abroad, and support 3% of GDP in 2019. those in uniform, Congress must provide for defense an aver- age of $720 billion per year (to be adjusted for inflation) for • Defense Spending Is Not the Cause of America’s Fiscal each of the next five fiscal years, in addition to the funding Woes. Mandatory spending on entitlements and interest on needed for ongoing contingency operations. Congress must the debt currently accounts for over 50% of the federal bud- insist on efficiency within the defense budget as well, and get, while defense spending accounts for less than one-fifth. reinvest dollars achieved from reforms in the military to off- set the cost of developing and modernizing next-generation equipment. CONGRESS MUST: • Adequately Fund Defense. Congress must provide for The FacTs: defense an average of $720 billion per year (to be adjusted for inflation) for each of the next five fiscal years, excluding funds • National Defense Is a Constitutional Obligation. The for Afghanistan and Iraq. The annual defense appropriation U.S. Constitution directs the federal government first and bills should reflect these spending guidelines and be given foremost to provide for the common defense. Only fully priority for floor time and signed into law before the start of equipped and modernized forces can assure this end. the fiscal year. This is not an arbitrary number, but one based • Compromising Core Missions Jeopardizes Security. on a sound strategic assessment of what armed forces are America needs a military capable of fulfilling its core mis- needed in the future. sions. These include protecting our homeland and providing • Adopt a Sensible and Efficient Defense Budget. Eliminat- security for our allies; ensuring access to sea, air, space, and ing waste and redundancies are worthy goals and should be cyberspace; helping our allies build their defenses to better pursued in earnest. Any funds achieved from defense efficien- partner with us if needed and defeating enemies on their ter- cies must be reinvested into the defense budget, specifically ritory so they cannot attack the U.S. with impunity. We can- to offset the cost of modernizing and developing next-gen- not do this with smaller forces and outdated materiel. eration equipment. Real reform means fixing outdated, inef- • Military Equipment Is Aging. The major operations the ficient compensation packages (while maintaining effective U.S. began in 2001, following a decade of equipment and recruitment and retention, and honoring obligations) and busi- personnel cuts have worn out the military’s inventory of ness practices—not cutting troops and critical capabilities like fighting vehicles, planes, and ships much more quickly than missile defenses and air, land, sea and space superiority. By planned. For example, Air Force tactical aircraft are, on maintaining sensible and stable defense budgets and adopt- average, over 20 years old; bombers nearly 30; and tankers ing better personnel management policies, Congress can find about 45 years old. The U.S. must modernize equipment the urgently needed funds for modernization and provide a to ensure those in uniform can fulfill their missions, deter steady stream of funding for new, vitally needed equipment would-be aggressors, and defend national interests now with higher and more efficient production rates, economies and in the future. of scale, and lower production costs. heritage.org/solutions Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.
  • 6. November 3, 2010 Get Control of Government The Issue: • Plain English Legislation: For the sake of clarity and accountability and to end the practice of vague references, The federal government is out of control. Congress passes all language in proposed legislation should be accompanied massive pieces of legislation with little regard to constitutional by a document clearly marking all changes and deletions from limits. By vastly exceeding its proper bounds, the federal gov- existing law, as is now done only after a law passes. ernment continually centralizes and increasingly regulates much of America’s economy, politics and society. • Stop Earmarks: Congress must permanently end the ear- marking process which favors local pork projects over the Congress must immediately reestablish legislative accountabil- national interest. ity by posting complete legislation, ending earmarks, reviewing all unauthorized programs and respecting constitutional limits • End Automatic Funding: Any program (other than for physi- on government. Congress must check executive branch over- cal protection of Americans) that Congress has not reautho- reach with aggressive oversight, roll back recent government rized must be suspended for review. Committees must not interventions, stop unnecessary administrative regulations and be permitted to create new programs with automatic funding sunset new ones, restrict bureaucrats’ rulemaking authority and or that specify minimum funding levels to circumvent the override expansive executive orders. appropriations process. • Reassert Constitutional Limits: Rather than deferring to The FacTs: courts, Congress must promptly repeal any unconstitutional • Massive Regulatory Costs: In FY 2010, 43 major regulations legislation enacted by previous Congresses, consider the con- costing more than $26 billion were issued by the Obama stitutionality of pending bills and assert constitutional limits Administration, the highest annual total on record. The burden on the size and scope of government. of federal regulation per year totals $1.7 trillion—more than • Conduct Aggressive Oversight: In order to enforce legisla- Americans annually pay in personal income taxes. tive intent, Congress must aggressively oversee how laws • Irresponsible Lawmaking: Congress passes massive are being carried out, determine their effectiveness and laws, written behind closed doors, filled with arcane cross- review their impact on society, jobs and the economy. references that most Members of Congress neither read nor • Roll Back Government Intervention: Congress must divest understand--effectively turning over lawmaking to unaccount- the federal government as soon as possible of all assets able staff and unelected bureaucrats. acquired in the TARP and similar programs, and prevent such • Earmarks Against the National Interest: According to Tax- interventions in the future. payers for Common Sense, the House spending bills for fiscal • Stop Unnecessary Regulations: Congress must use the year 2011 decreased earmarks to 3,000. The Senate bills con- Congressional Review Act to stop new and unnecessary reg- tained over 3,700 earmarks worth $6.0 billion, a substantial ulations. If the President blocks such action, Congress must increase. use appropriations riders to prohibit agencies from adopting • Permanent by Default: According to the Congressional Bud- such rules. get Office, 250 expired federal programs are nevertheless • Sunset New Regulations: To prevent the perpetuation of being funded, costing taxpayers $290 billion in FY 2010. outdated regulations, all new regulations must include a “sunset” date on which they expire automatically unless CONGRESS MUST: specifically renewed. • Check Executive Orders: If an executive order issued by • Provide Legislative Text: Each House of Congress must the President is based upon authority under a statutory grant adopt a rule requiring the public posting of the text of each of power, Congress must expedite a process to consider bill and major amendment not less than 72 hours before floor negating or modifying the underlying authority, and Congress debate on that bill or amendment. should override inappropriate executive orders on that basis. heritage.org/solutions Solutions for America is a product of Heritage’s Leadership for America campaign. Our mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.