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M
Money
is
the
essential unit
of
measure
for
the
voluntary exchanges
that constitute
the
market economy.
Stable money
allows people
to
work
freely,
helps businesses
grow, facilitates
investment, supports
saving
for
retirement, and
ultimately provides
for
economic
growth. The
federal govern-
ment
has
long made
policy regarding
the
nation’s
money on
behalf of
the
people
through
their elected
representatives
in
Congress.1 Over
time,
however, Congress has
delegated that
responsibility
first
to
the
Department of
the
Treasury
and
now
to the quasi-public Federal
Reserve System.
The
Federal
Reserve was
created by
Congress in
1913 when
most Americans
lived
in
rural
areas
and
the
largest industry
was
agriculture.
The
impetus
was
a
series of
financial
crises caused
both by
irresponsible
banks
and
other
financial institutions
that
overextended
credit
and
by
poor
regulations. The
architects of
the
Federal
Reserve
believed
that
a
quasi-public clearinghouse
acting as
lender of
last resort
would reduce
financial
instability
and
end
severe recessions.
However, the
Great Depression
of
the
1930s
was
needlessly prolonged
in
part
because of
the
Federal
Reserve’s inept
manage-
ment
of
the
money supply.
More recessions
followed in
the
post–World
War
II
years. In
the decades
since the
Federal Reserve
was created,
there has
been a
down- turn
roughly
every
five
years.
This
monetary
dysfunction
is
related
in
part
to
the impossibility
of
fine-tuning the
money
supply
in
real
time,
as
well
as
to
the
moral hazard
inherent in
a political system
that has
demonstrated a history
of bailing
out
private
firms when
they engage
in
excess
speculation.
Public control of money creation
through the Federal Reserve System has
another
major
problem:
Government
can
abuse
this
authority
for
its
own
advantage
Mandate for
Leadership: The Conservative
Promise
by
printing money
to
finance
its
operations.
This necessitated
the
original
Federal Reserve’s decentralization and political
independence. Not long after the central
bank’s creation,
however, monetary
decision-making
power
was
transferred
away from
regional member
banks and
consolidated in
the Board
of Governors.
The
Federal
Reserve’s independence
is
presumably
supported by
its
mandate
to
maintain
stable prices.
Yet
central
bank independence
is
challenged
in
two
addi- tional ways.
First, like
any
other
public institution,
the
Federal
Reserve responds
to the potential
for
political
oversight when
faced with
challenges.2 Consequently,
its
independence in
conducting monetary
policy is
more assured
when the
economy is
experiencing
sustained growth
and
when
there is
low
unemployment
and
price
stabil-
ity—but
less
so
in
a
crisis.3 Additionally,
political pressure
has
led
the
Federal
Reserve to use
its
power
to
regulate
banks as
a
way
to
promote
politically favorable
initiatives
including
those
aligned
with environmental,
social, and
governance (ESG)
objectives.4 Even
formal
grants
of
power
by
Congress
have not
markedly improved
Federal Reserve
actions.
Congress gave
the
Federal
Reserve greater
regulatory authority over
banks after
the
stock
market crash
of
1929.
During the
Great Depression,
the Federal Reserve
was
given
the
power
to
set
reserve requirements
on
banks
and
to
regulate
loans for
the purchase
of securities.
During the
stagflation of
the 1970s,
Congress
expanded
the
Federal
Reserve’s
mandate
to
include
“maximum
employ- ment,
stable prices,
and moderate
long-term
interest rates.”5 In the wake
of the
2008
global financial
crisis,
the
Federal
Reserve’s
banking
and
financial
regulatory authorities
were
broadened
even further. The
Great
Recession
also
led to
innova-
tions
by
the
central bank
such as
additional large-scale
asset purchases.
Together,
these expansions
have created
significant risks
associated with
“too big
to
fail”
financial institutions
and
have
facilitated government
debt creation.6 Collec- tively,
such developments
have eroded
the
Federal
Reserve’s economic
neutrality.
In
essence, because
of
its
vastly expanded
discretionary
powers
with respect to
monetary and
regulatory policy,
the
Fed
lacks both
operational effectiveness
and
political
independence.
To
protect the
Federal Reserve’s
independence and to
improve monetary
policy outcomes,
Congress should
limit its
mandate to
the sole objective of
stable money.
This chapter
provides a number of options aimed at achieving these goals
along
with
the
costs and
benefits of
each policy
recommendation.
These
recommended
reforms
are divided
into
two
parts:
broad institutional
changes
and
changes
involv- ing the
Federal
Reserve’s management
of the
money supply.
BROAD
RECOMMENDATIONS
•
Eliminate the “dual mandate.”
The Federal Reserve was originally
created to
“furnish an
elastic
currency” and rediscount
commercial paper so
that
the
supply
of
credit
could
increase
along
with
the
demand
for
money
2025 Presidential
Transition Project
and
bank credit.
In
the
1970s, the
Federal Reserve’s
mission was
amended to
maintain
macroeconomic
stability following the abandonment
of the
gold
standard.7 This
included
making the
Federal Reserve
responsible for maintaining
full employment,
stable prices,
and
long-term
interest rates.
Supporters
of
this
more expansive
mandate claim
that monetary
policy
is
needed
to
help
the
economy avoid
or
escape
recessions. Hence,
even if
there
is a
built-in bias
toward
inflation, that bias
is worth
it to
avoid the
pain
of
economic
stagnation. This
accommodationist
view
is
wrong.
In
fact,
that
same easy
money causes
the clustering of failures
that can
lead to
a recession.
In
other
words,
the
dual
mandate
may
inadvertently
contribute to
recessions rather than fixing them.
A
far less
harmful
alternative is to
focus the
Federal Reserve
on protecting
the dollar and
restraining inflation. This
can mitigate
economic
turmoil, perhaps in
conjunction with government
spending.
Fiscal policy
can be
more
effective
if
it
is
timely,
targeted,
and
temporary.8 An
example
from the COVID-19
pandemic is
the
Paycheck
Protection Program,
which sustained
businesses
far
more
effectively than
near-zero interest
rates, which
mainly aided
asset markets
and housing
prices. It
is also
worth noting
that the
problem
of
the
dual
mandate
may
worsen
with
new
pressure
on
the
Federal Reserve
to include
environmental
or redistributionist “equity” goals
in its
policymaking, which
will
likely
enable
additional
federal
spending.9
•
Limit the Federal Reserve’s lender-of-last-resort function.
To protect
banks that
over lend
during easy
money episodes,
the Federal
Reserve
was
assigned a
“lender of
last resort”
(LOLR)
function. This
amounts to
a standing
bailout
offer
and
encourages
banks
and
nonbank
financial
institutions
to
engage
in
reckless
lending
or
even
speculation
that
both
exacerbates
the
boom-and-bust
cycle and
can
lead
to
financial
crises such
as those of 199210 and 200811 with ensuing bailouts.
This
function
should be
limited so
that banks
and other
financial institutions
behave more
prudently,
returning to their
traditional role as
conservative lenders
rather
than
taking
risks
that
are
too
large
and
lead
to
still
another
taxpayer
bailout.
Such
a
reform
should
be
given
plenty
of
lead time
so that
banks can
self-correct lending practices
without
disrupting a financial
system that
has grown
accustomed to such
activities.
•
Wind down the Federal Reserve’s balance sheet.
Until the 2008 crisis,
the
Federal
Reserve
never
held
more
than
$1
trillion
in
assets,
bought
largely
Mandate for
Leadership: The Conservative
Promise
to
influence monetary
policy.12 Since
then,
these assets
have exploded,
and the
Federal
Reserve now
owns nearly
$9 trillion
of mainly
federal debt
($5.5 trillion)13
and mortgage-backed securities ($2.6
trillion).14 There is currently
no government
oversight of the
types of
assets that
the Federal
Reserve purchases.
These
purchases have
two main
effects: They
encourage
federal deficits
and
support
politically
favored
markets,
which
include
housing
and
even
corporate
debt. Over
half
of
COVID-era
deficits
were
monetized
in
this
way by
the Federal
Reserve’s
purchase of
Treasuries, and housing
costs were
driven to historic highs
by the
Federal
Reserve’s purchase
of mortgage
securities. Together,
this policy
subsidizes government debt,
starving business
borrowing,
while
rewarding
those
who
buy
homes
and
certain
corporations at
the expense
of the
wider public.
Federal
Reserve
balance sheet
purchases
should be
limited by
Congress, and
the Federal
Reserve’s
existing
balance
sheet
should
be
wound
down
as quickly
as
is
prudent
to
levels
similar
to
what
existed
historically before
the 2008 global
financial crisis.15
•
Limit future balance sheet expansions to U.S. Treasuries.
The Federal
Reserve
should be
prohibited from picking
winners and
losers among
asset
classes. Above
all, this
means limiting
Federal Reserve
interventions in
the
mortgage-backed
securities market. It
also means
eliminating Fed interventions in
corporate and municipal
debt markets.
Restricting
the Fed’s
open market
operations to Treasuries
has strong
economic support.
The goal
of monetary
policy is
to provide markets
with
needed
liquidity
without inducing
resource
misallocations
caused by
interfering
with
relative
prices, including
rates
of
return
to
securities. However,
Fed
intervention in
longer-term
government
debt,
mortgage-
backed securities,
and corporate
and municipal
debt can
distort the
pricing process.
This more
closely
resembles credit
allocation than liquidity
provision.
The
Fed’s
mortgage-related
activities are
a
paradigmatic
case of
what monetary
policy
should
not
do.
Consider the
effects of
monetary policy
on
the
housing market.
Between February
2020 and
August 2022,
home prices
increased
42 percent.16
Residential
property
prices in
the United States
adjusted
for inflation
are
now
5.8
percent
above
the
prior
all-time
record levels
of 2006.17 The home-price-to-median-income
ratio is
now 7.68,
far
2025 Presidential
Transition Project
above
the
prior
record high
of
7.0
set
in
2005.18 The
mortgage-payment-to-
income
ratio hit
43.3 percent
in
August
2022—breaking
the
highs of
the
prior
housing
bubble in
2008.19
Mortgage
payment
on
a
median-priced
home
(with a
20 percent
down payment)
jumped to
$2,408 in
the autumn
of 2022
vs.
$1,404
just
one
year
earlier as
home prices
continued to
rise even
as
mortgage
rates
more
than doubled.
Renters have
not
been
spared: Median
apartment rental
costs have
jumped more
than 24
percent since
the start
of 2021.20 Numerous
cities experienced
rent increases
well in
excess of
30
percent.
A
primary driver
of higher
costs during
the past
three years
has been
the Federal Reserve’s purchases
of
mortgage-backed
securities (MBS). Since March
2020, the
Federal
Reserve has
driven down
mortgage
interest rates and
fueled a
rise in
housing costs
by purchasing
$1.3 trillion
of MBSs
from Fannie
Mae,
Freddie
Mac,
and
Ginnie
Mae.
The
$2.7
trillion
now
owned
by the
Federal
Reserve is
nearly double
the levels
of March
2020. The
flood of
capital
from
the
Federal
Reserve
into
MBSs
increased
the
amount
of
capital
available for
real estate
purchases while
lower interest
rates on
mortgage
borrowing—driven
down
in
part
by
the
Federal
Reserve’s
MBS
purchases—
induced and
enabled
borrowers to
take on
even larger
loans.21
The
Federal Reserve
should be
precluded
from
any
future
purchases
of
MBSs
and
should wind
down
its
holdings
either by
selling
off
the
assets
or
by
allowing
them
to mature
without replacement.
•
Stop paying interest on excess reserves.
Under this policy, also
started during
the 2008
financial crisis, the
Federal
Reserve effectively
prints money and then
“borrows” it
back from banks
rather than
those banks’
lending money to the
public. This
amounts to
a transfer
to Wall
Street at the
expense of
the American
public and
has driven
such excess
reserves to $3.1 trillion,
up seventyfold
since 2007.22
The
Federal
Reserve should
immediately
end
this
practice and
either sell
off
its
balance sheet
or
simply
stop
paying
interest so
that banks
instead lend
the
money.
Congress should
bring
back
the
pre-2008
system, founded
on
open-market
operations. This
minimizes
the Fed’s
power to
engage in
preferential
credit allocation.
MONETARY
RULE REFORM
OPTIONS
While
the
above
recommendations
would
reduce Federal
Reserve manipulation
and
subsidies,
none would
limit the
inflationary and
recessionary cycles
caused by
the
Federal
Reserve. For
that, major
reform of
the
Federal
Reserve’s core
activity of
manipulating interest rates
and money
would be
needed.
A core problem
with
government control
of monetary
policy is
its exposure to two
unavoidable political pressures:
pressure to
print money to
subsidize
Mandate for
Leadership: The Conservative
Promise
government
deficits and
pressure to
print money
to
boost
the
economy
artificially
until the
next election.
Because both
will always
exist with
self-interested
politi- cians,
the only
permanent
remedy is
to take the
monetary
steering wheel
out of the
Federal Reserve’s hands
and return
it to
the people.
This could be
done by abolishing the federal role in money altogether,
allowing
the use of
commodity money, or embracing a strict monetary-policy rule to
ward off
political
meddling. Of
course, neither
free banking
nor
a
allowing commodi-
ty-backed
money
is
currently being
discussed, so
we
have
formulated a
menu of reforms.
Each option
involves trade-offs
between how
effectively it
restrains the
Federal
Reserve and
how
difficult
each policy
would be
to
implement,
both polit-
ically
for Congress
and
economically in
terms of
disruption to
existing
financial institutions. We present these options in decreasing order of
effectiveness against inflation and boom-and-bust
recessionary cycles.
Free Banking.
In
free
banking, neither
interest rates
nor
the
supply of
money
is controlled by the government. The Federal Reserve is effectively
abolished, and
the
Department of
the
Treasury
largely limits
itself to
handling the
government’s
money. Regions
of
the
U.S. actually
had
a
similar system,
known as
the
“Suffolk
System,”
from 1824
until the
1850s, and
it
minimized
both inflation
and
economic
disruption
while allowing
lending to
flourish.23
Under free banking, banks typically
issue liabilities (for example, checking accounts)
denominated in dollars
and backed
by a
valuable
commodity. In
the 19th
century,
this
backing
was
commonly
gold
coins:
Each
dollar,
for
example,
was defined
as about
1/20 of
an ounce
of gold,
redeemable on demand
at the
issuing bank.
Today,
we
might
expect
most
banks
to
back
with
gold,
although
some
might
prefer
to
back
their
notes
with
another
currency
or
even
by
equities
or
other
assets such
as
real
estate.
Competition
would
determine
the
right
mix
of
assets
in
banks’
portfolios as backing for their liabilities.
As
in
the
Suffolk System,
competition keeps
banks from
overprinting or
lending irresponsibly.
This is
because any
bank that
issues more
paper than
it has
assets available would
be
subject
to
competitor
banks’
presenting
its
notes
for
redemp- tion.
In the
extreme, an
overissuing
bank could
be liable
to a
bank run.
Reckless banks’
competitors
have
good
incentives
to
police
risk
closely
lest
their
own
hold- ings of
competitor dollars become worthless.24
In this way,
free banking leads to stable and sound currencies and strong
finan- cial
systems
because customers
will avoid
the riskier
issuers,
driving them
out of the
market. As
a result
of this
stability and
lack of
inflation
inherent in
fully backed
currencies, free
banking
could
dramatically
strengthen
and
increase
both the
dominant role
of America’s financial
industry and
the use of
the U.S.
dollar as the
global
currency of
choice.25 In fact, under
free banking,
the norm
is for
the dollar’s purchasing power
to rise
gently over
time,
reflecting gains in
economic productivity.
This
“supply-side deflation”
does
not
cause
economic
busts.
In
fact,
2025 Presidential
Transition Project
by
ensuring
that cash
earns a
positive
(inflation-adjusted)
rate of
return, it
can
pre-
vent
households and
businesses from
holding inefficiently
small money
balances.
Further
benefits
of
free
banking include
dramatic reduction
of
economic
cycles,
an end to
indirect
financing of
federal
spending, removal
of the
“lender of
last resort”
permanent
bailout
function
of
central
banks,
and
promotion
of
currency
competition.26
This
allows
Americans many
more ways
to protect
their savings.
Because free
banking
implies that
financial services and
banking would
be gov-
erned
by
general
business
laws
against,
for
example,
fraud
or
misrepresentation,
crony
regulatory
burdens
that hurt
customers
would
be
dramatically
eased,
and innovation
would be encouraged.
Potential
downsides of
free banking
stem from
its
greatest
benefit: It
has
mas-
sive political hurdles to
clear. Economic theory predicts and economic history
confirms that free banking is
both stable and productive, but it is radically different
from
the
system
we
have
now.
Transitioning to
free
banking
would
require
polit-
ical
authorities, including
Congress
and
the
President,
to
coordinate
on
multiple
reforms simultaneously.
Getting any of them wrong could imbalance an otherwise
functional
system.
Ironically,
it
is
the
very
strength
of
a
true
free
banking
system that
makes transitioning to one so difficult.
Commodity-Backed Money.
For
most
of
U.S.
history, the
dollar was
defined in terms
of
both
gold and
silver. The
problem was
that when
the
legal
price differed
from
the
market
price,
the artificially
undervalued
currency would
disappear
from
circulation. There were
times, for instance, when this mechanism put the U.S. on
a
de
facto
silver
standard.
However,
as
a
result,
inflation
was
limited.
Given
this track
record, restoring
a
gold
standard retains
some appeal
among
monetary
reformers who
do
not
wish
to go
so
far
as
abolishing
the
Federal
Reserve. Both the 2012
and 2016 GOP platforms urged the establishment of a commis- sion to consider
the feasibility
of a
return to
the gold
standard,27
and
in October
2022,
Representative
Alexander
Mooney
(R–WV)
introduced
a
bill
to
restore
the gold
standard.28
In economic
effect, commodity-backing the dollar differs from free banking
in that
the government (via the Fed) maintains both regulatory and
bailout functions. However,
manipulation of
money and
credit is
limited because
new
dollars
are
not
costless
to
the
federal government:
They must
be
backed
by
some
hard asset
like gold. Compared
to
free
banking, then,
the
benefits
of
commodity-backed
money are
reduced, but
transition
disruptions are also
smaller.
The process of
commodity backing is
very
straightforward:
Treasury could set
the price
of a dollar at
today’s market
price of
$2,000 per
ounce of
gold. This
means
that
each
Federal
Reserve
note
could
be
redeemed
at
the
Federal
Reserve
and exchanged
for
1/2000
ounce
of
gold—about
$80,
for
example,
for
a
gold
coin
the
weight
of
a
dime.
Private
bank liabilities
would
be
redeemable
upon
their
issuers. Banks
could
send
those
traded-in
dollars to
the
Treasury
for
gold
to
replenish
their
Mandate for
Leadership: The Conservative
Promise
vaults.
This creates
a powerful
self-policing mechanism: If
the federal
govern- ment
creates
dollars
too
quickly,
more
people
will
doubt
the
peg
and
turn
in
their gold
to
banks,
which
then
will
turn
in
their
gold
and
drain
the
government’s gold.
This
forces
governments to
rein
in
spending
and
inflation
lest
their
gold
reserves become
depleted.
One
concern raised
against commodity
backing is
that there
is
not
enough gold in the
federal government for all the dollars in existence. This is
solved by making
sure
that
the
initial
peg
on
gold is
correct. Also,
in
reality,
a
very
small number
of
users
trade for
gold as
long as
they believe
the
government
will stick
to
the
price peg. The
mere fact
that people
could
exchange
dollars
for
gold
is
what
acts as
the
enforcer.
After
all,
if
one
is
confident
that a
dollar will
still be
worth 1/2000
ounce of gold
in
a
year, it
is
much
easier to
walk about
with paper
dollars and
use
credit
cards
than it
is
to
mail tiny
$80
coins.
People would
redeem en
masse only
if
they
feared
the
government
would not
be
able
control itself,
for
which
the
only
solution is for the
government to control itself.
Beyond
full backing,
alternate paths
to
gold
backing might
involve gold-con-
vertible
Treasury
instruments29
or
allowing a
parallel gold
standard to
operate temporarily
alongside the
current fiat
dollar.30 These could ease
adoption while
minimizing disruption, but
they should be temporary so that we can quickly enjoy
the
benefits
of gold’s
ability
to
police
government
spending.
In
addition,
Congress could
simply allow
individuals to
use
commodity-backed
money without
fully replacing the current system.
Among
downsides to
a
commodity
standard, there
is
no
guarantee that
the
gov-
ernment
will
stick
to
the
price
peg.
Also, allowing
a
commodity
standard
to operate
along
with
a
fiat
dollar
opens
both
up
for
a
speculative attack.
Another
downside
is
that
even
under
a
commodity
standard,
the
Federal
Reserve
can
still
influence
the
economy
via interest
rate
or
other
interventions.
Therefore,
at
best,
a
commodity
standard
is
not
a
full
solution
to
returning
to
free
banking.
We
have
good
reasons
to worry
that
central
banks
and
the
gold
standard
are
fundamentally
incompati- ble—as
the
disastrous
experience
of
the
Western
nations
on
their
“managed
gold standards”
between
World War
I
and
World
War
II
showed.
K-Percent Rule.
Under
this rule,
proposed by
Milton
Friedman in
1960,31 the Federal
Reserve would
create money
at a
fixed rate—say
3 percent
per year.
By offering
the
inflation
benefits
of
gold
without
the
potential
disruption
to
the
finan- cial
system,
a
K-Percent
Rule could
be
a
more
politically
viable
alternative
to
gold.
The principal flaw
is that
unlike
commodities, a
K-Percent Rule
is not
fixed by physical costs: It could change according to
political pressures or random economic fluctuations.
Importantly, financial innovation could destabilize the
market’s
demand for
liquidity,
as
happened
with
changes
in
consumer
credit
pat- terns in
the 1970s. When this happens, a given K-Percent Rule that
previously delivered
stability
could
become
destabilizing.
In
addition,
monetary
policy
when
2025 Presidential
Transition Project
Friedman
proposed the K-Percent Rule was very different from monetary
policy
today.
Adopting
a
K-Percent
Rule would
require considering
what transitions
need to take place.
Inflation-Targeting Rules.
Inflation targeting is the current
de facto Federal Reserve
rule.32 Under
inflation targeting, the Federal Reserve chooses a target infla-
tion
rate—essentially the highest
it thinks
the public
will accept—and
then tries
to
engineer
the
money
supply
to
achieve
that
goal.
Chairman
Jerome
Powell
and
others
before
him
have
used
2
percent
as
their
target
inflation
rate, although
some
are
now
floating
3 percent
or
4
percent.33 The
result
can
be
boom-and-bust
cycles
of
inflation
and
recession
driven by
disruptive policy
manipulations
both
because the
Federal
Reserve is
liable to
political
pressure and
because making
economic predictions
is very
difficult if
not
impossible.
Inflation and Growth–Targeting Rules.
Inflation and growth targeting is a
popular
proposal
for reforming
the
Federal
Reserve.
Two
of
the
most
prominent
versions of
inflation and growth
targeting are a
Taylor Rule
and Nominal
GDP (NGDP)
Targeting. Both
offer similar
costs and
benefits.
Economists
generally believe that the economy’s long-term real growth trend
is
determined by
non-monetary factors.
The
Fed’s
job
is
to
minimize
fluctuations around
that
trend nominal
growth rate.
Speculative booms
and
destructive
busts
caused by swings in total spending should be avoided. NGDP targeting
stabilizes total nominal spending
directly. The Taylor
Rule does
so indirectly,
operating through the federal funds rate.
NGDP
targeting keeps
total nominal
spending growth
on
a
steady path.
If
the
demand for money (liquidity)
rises, the Fed meets it by increasing the money supply;
if the
demand for
money falls,
the Fed
responds by
reducing the
money supply.
This minimizes
the
effects
of
demand
shocks
on the
economy.
For
example, if the
long-run
growth
rate
of
the
U.S.
economy
is
3
percent
and
the
Fed
has
a
5
per-
cent
NGDP
growth
target,
it
expands
the
money
supply
enough
to
boost
nominal
income
by
5
percent
each
year,
which
translates
into
3
percent
real
growth
and
2 percent
inflation.
How much
money
must
be
created
each
year
depends
on
how fast
money demand
is growing.
The Taylor Rule
works
similarly. It
says the
Fed should
raise its
policy rate
when
inflation
and
real
output
growth
are
above
trend
and
lower
its
policy
rate
when inflation and real
output growth are below trend. Whereas NGDP targeting
focuses
directly
on
stable
demand
as
an
outcome,
the
Taylor
Rule
focuses
on
the Fed’s more
reliable policy levers.
The problem with
both rules
is the
knowledge
burden they
place on
central bankers. These rules state that the Fed should
neutralize demand shocks but
not
respond
to
supply
shocks,
which
means
that
it
should
“see
through”
demand shocks
by
tolerating
higher (or
lower)
inflation.
In
theory,
this
has
much
to
recom- mend
it. In
practice, it
can be
very difficult to distinguish
between
demand-side
Mandate
for Leadership:
The
Conservative
Promise
destabilization
and
supply-side destabilization
in
real
time. There
also are
political
considerations:
Fed
officials
may
not
be
willing
to
curb
unjustified economic
booms
and
all
too
willing to
suppress necessary
economic restructuring
following a
bust. Either
rule likely
outperforms a strict
inflation target and
greatly
outperforms the
Fed’s
current
pseudo-inflation
target.
While
NGDP
targeting
and
the
Taylor Rule
have
much
to
commend
them, they
might
be
harder
to
explain
and
justify
to the
public.
Inflation
targeting
has
an
intelligibility
advantage:
Voters
know
what
it
means
to
stabilize
the dollar’s
purchasing
power.
Capable
elected
officials
must persuade
the public that the advantages of NGDP
targeting and the
Taylor Rule,
especially
in
terms
of
supporting
labor markets,
outweigh the
disadvantages.
MINIMUM EFFECTIVE REFORMS
Because
Washington operates
on two-year election
cycles, any
monetary reform must
take account
of disruption
to financial
markets and
the economy
at large.
Free
banking
and commodity-backed
money
offer
economic
benefits
by
limiting government
manipulation, inflation,
and
recessionary
cycles
while
dramatically reducing
federal
deficits,
but
given
potential
disruption
to
the
financial
system,
a K-Percent
Rule may
be a
more feasible
option. The
other rules
discussed
(infla- tion
targeting, NGDP targeting,
and the
Taylor Rule)
are more
complicated
but also more
flexible. While
their economic
benefits are
significant, public opinion
expressed
through the
lawmaking
process
in
the
Constitution
should
ultimately
determine the monetary-institutional order in a free society.
The minimum
of
effective
reforms includes
the following:
•
Eliminate “full
employment” from the
Fed’s mandate,
requiring it
to focus on price stability alone.
•
Have elected officials compel the Fed to specify its target
range for inflation
and inform the public of a concrete intended growth path.
There
should be
no more
“flexible
average inflation
targeting,”
which amounts to ex
post
justification for
bad policy.
•
Focus any
regulatory activities on
maintaining bank capital
adequacy.
Elected
officials must
clamp down
on the
Fed’s
incorporation of environmental,
social,
and
governance
factors
into
its
mandate,
including
by amending its
financial stability mandate.
•
Curb the Fed’s excessive last-resort lending practices.
These practices
are
directly
responsible for
“too big
to fail”
and the
institutionalization
of moral hazard in our financial system.
2025 Presidential
Transition Project
•
Appoint a
commission to explore
the mission
of the
Federal
Reserve, alternatives
to the
Federal Reserve
system, and
the nation’s
financial
regulatory
apparatus.
•
Prevent the institution of a central bank digital currency
(CBDC).
A CBDC
would
provide
unprecedented
surveillance
and
potential
control
of financial
transactions without providing added benefits available through
existing
technologies.34
AUTHOR’S NOTE:
The preparation of this chapter was a collective enterprise of
individuals involved in the 2025
Presidential
Transition Project. All
contributors to this
chapter are
listed at
the front
of this
volume, but
Alexander
Salter,
Judy
Shelton,
and
Peter
St
Onge,
deserve
special
mention.
The
chapter
reflects
input
from
all
the
contributors, however, no
views expressed herein should be attributed to any specific
individual.
Mandate for
Leadership: The Conservative
Promise
ENDNOTES
1.
U.S.
Constitution,
Article
1,
Section
8,
https://www.law.cornell.edu/constitution
(accessed
January
23,
2023).
2.
For
example,
Alexander
Salter
and
Daniel
Smith
(2019)
show
that
Federal
Reserve
Chairs
become
more
favorable
toward monetary
discretion
once
they
are
confirmed
compared
to
previous
stances.
Alexander
William Salter and Daniel J.
Smith, “Political
Economists
or
Political
Economists? The Role of Political
Environments
in the
Formation of
Fed Policy Under
Burns,
Greenspan, and
Bernanke,”
Quarterly Review
of Economics and
Finance, Vol. 71 (February 2019), pp. 1–13.
3.
Sarah
Binder,
“The
Federal
Reserve
as
a
‘Political’
Institution,”
American
Academy
of
Arts
and
Sciences
Bulletin,
Vol.
LXIX,
No.
3
(Spring
2016),
pp.
47–49,
https://www.amacad.org/sites/default/files/bulletin/
downloads/bulletin_Spring2016.pdf
(accessed
January
23,
2023).
See
also
Charles
L.
Weise,
“Political
Pressures on Monetary Policy
During the US Great Inflation,”
American Economic
Journal:
Macroeconomics,
Vol.
4,
No.
2
(April
2012),
pp.
33–64,
https://www.haverford.edu/sites/default/files/Department/Economics/
Weise_Political_Pressures_on%20Monetary_Policy.pdf
(accessed
January
23,
2023).
4.
The
Federal
Reserve’s
financial
stability
mandate
is
poorly
defined.
The
Fed
has
taken
advantage
of
the
statutory
vagueness
and
proceeded
as
if
it
has
the
authority
to
engage
in
these
activities,
although
it
is
highly
questionable whether this is permissible.
5.
12
U.S.C.
§
225a,
https://www.law.cornell.edu/uscode/text/12/225a
(accessed
January
23,
2023).
6.
See Peter J.
Boettke, Alexander William Salter, and Daniel J. Smith,
Money
and the
Rule of
Law:
Generality and Predictability in
Monetary
Institutions
(Cambridge, UK: Cambridge University Press, 2021).
7.
George Selgin, William D. Lastrapes,
and Lawrence H. White, “Has
the Fed Been a Failure?”
Journal
of
Macroeconomics, Vol. 34, No. 3 (September 2012), pp.
569–596,
https://www.sciencedirect.com/science/
article/abs/pii/S0164070412000304
(accessed
January
24,
2023).
8.
This includes
federal programs that automatically provide for adjustments as
the economy contracts (for example, unemployment
insurance or the Supplemental Nutrition Assistance Program).
9.
Mark
Segal,
“Fed
to
Launch
Climate
Risk
Resilience
Tests
with
Big
Banks,”
ESG
Today,
September
30,
2022,
https://www.esgtoday.com/fed-to-launch-climate-risk-resilience-tests-with-big-banks/
(accessed
January
23,
2023).
10.
Kenneth J. Robinson, “Savings and Loan Crisis 1980–1989,”
Federal Reserve Bank of St. Louis, Federal Reserve
History, November 22, 2013,
https://www.federalreservehistory.org/essays/savings-and-loan-crisis
(accessed
January
23,
2023).
11.
Russell Roberts, “Gambling with
Other
People’s Money: How Perverted
Incentives Caused the Financial Crisis,”
Mercatus
Center
at
George
Mason
University,
May
2010,
https://www.mercatus.org/system/files/RUSS-final.
pdf
(accessed January 24, 2023).
12.
Board of Governors of
the
Federal Reserve System,
Credit and Liquidity Programs Balance Sheet Data
Series, 2007–2022,
https://www.federalreserve.gov/monetarypolicy/bst_recenttrends.htm
(accessed January 24, 2023).
13.
Board of Governors of the Federal Reserve System, U.S.
Treasury Securities Data Series (TREAST), 2004–2022,
https://fred.stlouisfed.org/series/TREAST
(accessed January 24, 2023).
14.
Board of Governors of the Federal Reserve System,
Mortgage-Backed Securities Data Series (WSHOMCB), 2004–2022,
https://fred.stlouisfed.org/series/WSHOMCB
(accessed
January
24,
2023).
15.
Board of Governors of the
Federal Reserve System, Total
Assets (Less Eliminations from Consolidation) Data
Series
(WALCL),
2004–2022,
https://fred.stlouisfed.org/series/WALCL
(accessed
January
24,
2023).
16.
Federal Reserve
Bank of
St. Louis,
“S&P Dow
Jones Indices
LLC,
S&P/Case–Shiller U.S.
National Home
Price Index (CSUSHPINSA),”
https://fred.stlouisfed.org/series/CSUSHPINSA
(accessed
January
24,
2023).
The
Case–Shiller
Home
Price
Index
tracks
home
prices
given
a
constant
level
of
quality.
See
S&P
Dow
Jones
Indices,
“Real
Estate:
S&P CoreLogic Case–Shiller
Home Price Indices,”
https://www.spglobal.com/spdji/en/index-family/indicators/sp-
corelogic-case-shiller/sp-corelogic-case-shiller-composite/#overview
(accessed January 24, 2023).
17.
Federal Reserve Bank of St.
Louis, “Real Residential
Property Prices for United States (QUSR628BIS),”
https://
fred.stlouisfed.org/series/QUSR368BIS
(accessed
January
24,
2023).
18.
Longterm Trends, “Home Price
to
Income Ratio (US & UK): Home
Price to Median Household Income
Ratio (US),”
https://www.longtermtrends.net/home-price-median-annual-income-ratio/
(accessed January 24, 2023).
2025 Presidential
Transition Project
19.
Federal Reserve Bank of Atlanta, “Metro Area Home
Ownership Affordability Monitor (HOAM) Index,” October 2022,
https://www.atlantafed.org/center-for-housing-and-policy/data-and-tools/home-ownership-
affordability-monitor.aspx
(accessed January
24, 2023).
20.
Apartment List Research Team, “Apartment List National
Rent Report,” January 4, 2023,
https://www.
apartmentlist.com/research/national-rent-data
(accessed January 24,
2023).
21.
Primary drivers of rising real estate prices nationally
also include government subsidies and government guarantees through
government-sponsored enterprises (GSEs)—namely, Fannie Mae and
Freddie Mac. “The
unpriced
implicit
guarantee,
which
reduced
interest
rates
for
mortgage
borrowers,
helped
cause
more
of
the
economy’s capital to be
invested in housing than might otherwise have been the case.”
Congressional Budget
Office,
“Transitioning to
Alternative
Structures
for
Housing
Finance:
An
Update,”
August
2018,
p.
7,
https://
www.cbo.gov/system/files/2018-08/54218-GSEupdate.pdf
(accessed
January
24,
2023).
22.
Board
of
Governors
of
the
Federal
Reserve
System,
Reserves
of
Depository
Institutions
Data
Series (TOTRESNS), 1960–2022,
https://fred.stlouisfed.org/series/TOTRESNS (accessed
January 24, 2023).
23.
George
A.
Selgin,
The
Theory of
Free Banking:
Money Supply
Under
Competitive Note
Issue
(Totowa, NJ:
Rowman & Littlefield, 1998).
See also Alexander William Salter and Andrew T. Young, “A Theory
of Self- Enforcing
Monetary
Constitutions with Reference
to the
Suffolk
System, 1825–1858,”
Journal of
Economic
Behavior & Organization, Vol. 156
(December 2018), pp 13–22.
24.
Reforms
should
also
strengthen
the
incentives
of
bank
depositors
(customers)
and
bank
shareholders
(owners) to monitor bank
portfolios. Deposit insurance undermines the former, as even
President Franklin Roosevelt
recognized. Bailouts and
last-resort lending undermine
the latter.
25.
Under the
current system, banks are supplying the U.S. dollars.
Legislation would been needed that includes a mechanism
for supplying
the correct
number of
U.S. dollars
along with
their own
notes.
26.
F.
A.
Hayek,
Denationalization of Money: An Analysis of the Theory and
Current Practice of Concurrent
Currencies
(London, UK: Institute of Economic Affairs, 1976).
27.
Kate
Davidson, “GOP Platform
Includes
Proposal to
Study Return
to Gold
Standard,”
The
Wall Street
Journal, July 20, 2016,
https://www.wsj.com/articles/gop-platform-includes-proposal-to-study-return-to-gold-
standard-1469047214?mod=article_inline
(accessed
January
24,
2023).
28.
H.R.
9157,
To
Define
the
Dollar
as
a
Fixed
Weight
of
Gold,
and
for
Other
Purposes
(Gold Standard
Restoration
Act), 117th Congress,
introduced October 7, 2022,
https://www.congress.gov/117/bills/hr9157/BILLS-117hr9157ih.
pdf (accessed
January 24, 2023).
29.
Judy Shelton, “Gold and
Government,”
Cato
Journal, Vol.
32, No. 2 (Spring/Summer 2012), pp. 333–347,
https://www.cato.org/sites/cato.org/files/serials/files/cato-journal/2012/7/v32n2-9.pdf?mod=article_inline (accessed January 24, 2023).
30.
Lawrence
H.
White,
“Making
the
Transition
to
a
New
Gold
Standard,”
Cato
Journal,
Vol.
32,
No.
2
(Spring/
Summer 2012), pp. 411–421,
https://www.cato.org/sites/cato.org/files/serials/files/cato-journal/2012/7/v32n2-
14.pdf
(accessed
January
24,
2023).
31.
Juha
Kilponen
and
Kai
Leitemo,
“Model
Uncertainty
and
Delegation:
A
Case
for
Friedman’s
k-Percent
Money
Growth
Rule?”
Journal
of Money,
Credit and
Banking,
Vol. 40,
No. 2/3
(March–April 2008), pp.
547–556.
32.
Adam Shapiro and Daniel J. Wilson, “The Evolution of the
FOMC’s Explicit Inflation Target,” Federal Reserve
Bank
of San
Francisco,
FRBSF
Economic Letter
No.
2019–12, April
15, 2019,
https://www.frbsf.org/wp-content/
uploads/sites/4/el2019-12.pdf
(accessed January 24, 2023).
33.
WSJ Pro,
“Research Says
a 3% Fed
Inflation Target Could
Boost Job
Market,”
The
Wall Street
Journal, August
18, 2021,
https://www.wsj.com/articles/research-says-a-3-fed-inflation-target-could-boost-job-market-
11629308829#:~:text=Research%20Says%20a%203%25%20Fed%20Inflation%20Target%20Could%2-
0Boost%20Job%20Market,-Aug.&text=Two%20former%20high%2Dlevel%20Federal,help%20bolster%20
the%20job%20market
(accessed
January
24,
2023).
See
also
Oliver
Blanchard,
“It
Is
Time
to
Revisit
the
2% Inflation Target,”
Financial
Times,
November 28, 2022,
https://www.ft.com/content/02c8a9ac-b71d-4cef-a6ff-
cac120d25588
(accessed
January
24,
2023).
34.
Alexander
William
Salter,
“CBDC
in
the
USA:
Not
Now,
Not
Ever,”
American
Institute
for
Economic
Research, December, 13, 2022,
https://www.aier.org/article/cbdc-in-the-usa-not-now-not-ever/
(accessed
February 1,
2022).
MISSION
STATEMENT
The
U.S. Small
Business Administration
(SBA) supports
U.S.
entrepreneurship and
small
business
growth by
strengthening
free
enterprise through
policy advo-
cacy
and
facilitating programs
that help
entrepreneurs
to
launch and
grow their
businesses
and compete
effectively in
the global
marketplace.
OVERVIEW
Created almost
70 years ago, the SBA was launched under the Small Business
Act
with a
mission to
“aid, counsel,
assist and
protect,
insofar as
is possible,
the interests
of
small
business
concerns.”1 According
to
its
current mission
statement:
The
U.S. Small
Business
Administration
(SBA)
helps
Americans
start,
grow,
and build resilient businesses.
SBA
was
created
in
1953
as
an
independent
agency of
the
federal
government
to aid,
counsel,
assist and
protect the
interests of
small business
concerns; preserve
free
competitive
enterprise;
and
maintain
and
strengthen
the
overall economy
of our nation.2
The SBA’s founding mission has
evolved over time as programs have been
expanded or implemented,
subject to the philosophical grounding of each Admin-
istration as
well as
assorted
economic challenges
and the
occurrence of
natural disasters.
Because of
its distinct
role in
the federal
government, the SBA
became
Mandate for
Leadership: The Conservative
Promise
the
default agency
for
providing
disaster loans
to
small
businesses, homeowners,
renters,
and
organizations.
As
a
result, hundreds
of
billions
of
taxpayer
dollars have
been
funneled
through the
agency to
businesses and
individuals over
the
years.
Some
SBA
programs
are
effective;
others are
not. The
largest program
in
SBA’s
history,
the Paycheck
Protection
Program (PPP),
has been
credited with
saving millions of
jobs during the COVID-19 pandemic.3 A conservative Administration
would rightly
focus on
saving small
businesses during
such a
crisis. At
the
same
time,
however,
various SBA
programs have
generated waste,
fraud, and
misman- agement of
taxpayer dollars.
For
example, and
more recently,
more than
$1
trillion
in
COVID-19
relief was
distributed
through the
SBA.4 The SBA’s EIDL
(Economic Injury Disaster
Loan) Advance program in particular shows the dangers
that can come with direct government lending. EIDL Advance
provided direct cash grants and loans to
small businesses. The SBA
Office of Inspector General “identified $78.1 billion in
potentially fraudulent
EIDL
loans
and
grants
paid
to
ineligible
entities,”5 which represented
more than half of all funds spent through the program. Although
PPP
worked
through
private
lenders and
as
a
result experienced
relatively less
fraud than EIDL
experienced, it is estimated “that at least 70,000 [PPP] loans
were potentially
fraudulent.”6
ORIGIN,
HISTORY, AND
CORE
FUNCTIONS
In 1954, the agency began to execute
such core functions as “making and guaranteeing
loans for
small
businesses,” “ensuring
that small
businesses earn a ‘fair
proportion’ of government
contracts and
sales of
surplus
property,” and “provid[ing]
business
owners
with
management
and
business
training.”7
In 1970,
President Richard Nixon’s Executive Order 11518 enhanced the
agen-
cy’s
advocacy
role by
providing for
the
“increased
representation
of
the
interests of
small business
concerns before
departments and
agencies of
the
United
States
Government.”8 This
advocacy
role was
strengthened with
the
adoption
of
the
Small Business
Amendments
of
1974,9 which
established
the
Chief
Counsel for
Advocacy, and
was then
reinforced and expanded
in 1976
with the
creation of
the Office of
Advocacy,
providing
additional
resources
to
ensure
that
small
businesses
had
a voice in the
regulatory process.
In
1980, the
Regulatory Flexibility
Act
(RFA)10 further
strengthened
the
Office
of
Advocacy’s role, providing accountability across federal
agencies to ensure that they
considered the
impact of
their
rulemakings on small
businesses. The RFA requires
federal agencies “to consider the effects of their regulations
on small businesses
and other
small
entities,”11 and
the
Office
of
Advocacy
is
charged
with
ensuring that federal agencies abide by the law and is required to provide
an annual
report to the
President and the Senate and House Committees on Small Business.12 In
addition,
the
Trade
Facilitation and
Trade Enforcement
Act
(TFTEA)
of
201613
2025 Presidential
Transition Project
established
a
new
role for
the
Office
of
Advocacy:
“to
facilitate
greater consider-
ation
of
small business
economic issues
during international
trade negotiations.”14 This
small
office
has
been
relatively effective
over the
years—and more
produc-
tive
during
periods
when
a
strong Chief
Counsel for
Advocacy has
been installed
to
utilize the
Office of
Advocacy’s
authority aggressively
to provide
a check on regulatory
overreach. The
office is
one of
the bright
spots within
the SBA
that a
conservative Administration
could
supercharge
to
dismantle
extreme
regulatory
policies
and
advance
limited-government
reforms
that
promote
economic
freedom
and
opportunity.
Currently,
the
SBA’s
four core
functions include:
•
Access to capital.
SBA maintains assorted financing and lending
programs
for small
businesses,
from
microlending
to
debt
and
equity
investment capital.
•
Entrepreneurial development programs.
SBA provides “free” or low-
cost
training
at more
than
1,800
locations
and
through
online
platforms and
webinars.
•
Government contracting support programs.
Through goals
established by the SBA
for federal
departments and agencies,
the broader
goal is
to ensure that
small
businesses win 23
percent of
prime
contracts.
•
Advocacy.
This
independent office within
the SBA
works to
ensure that
federal
agencies
consider
small
businesses’
concerns
and
impact
in rulemakings.
The office
also conducts
small-business research.
BUDGETARY
FLUCTUATION
SBA’s
budget and
programs have
expanded significantly
under some
Admin-
istrations
and
have
been scaled
back under
others. President
Ronald Reagan
cut
the SBA’s budget by more than 30 percent, and his annual budgets
regularly pro- posed
to
eliminate
the
agency
altogether.15 Under
President
George W.
Bush, SBA
Administrator
Hector Barreto
said that
SBA’s goal
was “to
do more
with less,”16
but
this changed
because of
Hurricane
Katrina and
a surge
in disaster
funding. In 2016, President
Barack Obama
considered streamlining and
combining SBA
programs
and
other
business-related
agencies
and
programs
under
one
entity
at
the U.S. Department of
Commerce, but opposition within the small-business lobby
in Washington scuttled the effort.17
In
general, SBA
budget fluctuations
have been
driven by
several factors
such as efforts
by
Administrations
either to
cut
or
to
greatly
expand programs,
the
need
to
boost
disaster assistance
because of
economic or
weather-related
events,
business
Mandate for
Leadership: The Conservative
Promise
loan credit
subsidy costs, and miscellaneous program “enhancements” to
support
small
businesses
through economic
challenges or
circumstances.
As
noted by
the Congressional
Research Service:
Overall,
the
SBA’s appropriations
have
ranged
from
a
high
of
over
$761.9
billion in
FY2020 to
a low
of $571.8
million in
FY2007. Much
of this
volatility is
due to significant
variation in supplemental
appropriations for disaster
assistance
to address
economic
damages
caused
by
major
hurricanes
and
for SBA
lending program
enhancements to
help small
businesses
access capital during
and immediately following
recessions. For example,
in FY2020,
the SBA
received over
$760.9 billion
in supplemental
appropriations to assist small
businesses adversely affected
by the
novel
coronavirus (COVID-
19)
pandemic.18
The
CRS
further
notes
that
“[o]verall,
since
FY2000,
appropriations
for
SBA’s
other programs, excluding
supplemental appropriations,
have increased at a
pace that exceeds inflation.”19
In
terms of
current loan
volume, the
SBA
“reached
nearly $43
billion in
fund- ing to
small businesses,
providing more
than 62,000
traditional loans
through its
7(a),
504, and
Microloan
lending partners
and over
1,200
investments through SBA
licensed
Small
Business
Investment
Companies
(SBICs)
for
Fiscal
Year
(FY) 2022.”20 The agency’s total budgetary
resources for FY 2022 amount to $44.25 billion, which represents
0.4 percent
of the
FY 2022
U.S. federal
budget.21
HISTORY
OF
MISMANAGEMENT
Throughout
its
history,
various SBA
programs and
practices have
generated
negative news headlines and scathing Government Accountability Office
(GAO)
and
Inspector General
(IG) reports
that have
centered on
mismanagement,
lack of
competent personnel
and/or systems,
and
waste,
fraud and
abuse.22 From
the
8a
program23 to
Hurricane
Katrina24 to
the
more current
COVID-19 (EIDL)
program
and
PPP
lending
program,25 the
SBA
has
managed
to
maintain
its
lending
role even
when
repeated system
failures have
affected its
distribution of
funds.
Congress has been somewhat
responsive, pressuring the SBA to clean up
fraud-related
matters
within
its
COVID-19
lending
and
grant
programs.26 Repub- licans
in
the
U.S. House
of
Representatives
have gone
farther, specifying
that the
SBA needs to
improve transparency and accountability and deal with mission
creep,
the expansion of unauthorized programs, and structural and
reporting deficiencies
that
have
allowed
mismanagement
and
fraud to
reoccur, largely
through massive
supplemental
appropriations.27
The SBA is
led by
an
Administrator
(currently a member
of the
President’s Cabinet)
and a
Deputy
Administrator.
Senate-confirmed appointees
include
2025 Presidential
Transition Project
the Administrator, Deputy
Administrator, Chief Counsel for Advocacy, and Inspector General.
Entrepreneurs
and
small
businesses require
limited-government
policies
that
do not impede their risk-taking and growth. A future Administration can
leverage and strengthen core
SBA functions that have been fairly effective at reining in and calling attention
to costly
regulations and policies
that are
harmful to
small businesses. This
core
advocacy
function
is
aided
both
by
statutory
authority
and
by
a
network
of
small-business organizations
and
allies
that
support
limited-gov-
ernment policies.28
Moreover,
an
effective
SBA
Administrator
and
leadership
team can
work and
advocate
across the
federal
government to ensure
that extreme
regulatory poli- cies—or
anticompetitive
rules
and
actions
that
may
favor
big
businesses
over
small
businesses or international competitors over American small
businesses—are dismantled
or do
not progress
when proposed.
MISSION
CREEP AND
ENLARGEMENT
As
noted,
Republicans
in the
U.S.
House
of
Representatives
have
evidenced con-
cern
about
SBA
mission
creep
and
the
need
to
make
a
sprawling,
unaccountable
agency
more
focused
and
operationally sound.
Moreover,
there
is
unease
that
the
agency
has
moved
from
being
open
to
any
eligible
small business
searching
for
sup-
port
to
being
hyperfocused on
“disproportionately
impacted,”
politically
favored, or
geographically
situated small
businesses and
entrepreneurs.
Today,
initiatives aimed at
“inclusivity” are in
fact creating
exclusivity and stringent
selectivity in
deciding what
types of
small
businesses and entities
can use
SBA
programs.
For
example,
even
though
the
SBA
under
President
Donald
Trump proposed a rule to
remove all of the unconstitutional religious exclusions
from
its
regulations29 to
conform
with Supreme
Court decisions
that have
made their
unconstitutionality clear, the
SBA has
not acted
on the
proposed rule
and still
uses
religious
exclusions
in
determining
eligibility
for
business
loans.
Several other
specific concerns include but are not limited to:
•
The
SBA’s
request
to
become
a
“designated
voter
agency”
in
response
to
President Biden’s
executive order
on “Promoting
Access to
Voting.”30
•
The
creation
of
duplicative
channels
and
“pilot
programs”
for
the
delivery
of business training
rather than working through existing counseling partners. The
programs are largely duplicative of private, state and local
government,
and educational system offerings.31
•
A
push to expand direct government lending.32
Mandate for
Leadership: The Conservative
Promise
THE
SBA IN
A CONSERVATIVE ADMINISTRATION
Reforming
and
restructuring the
SBA under
a conservative Administration would
meet the
needs of
America’s
small-business owners and
entrepreneurs, not
special
interests
in
Washington,
D.C.
Entrepreneurs
believe
the
SBA
is
fairly archaic
in its operations and programming and must be transformed to
serve small businesses
in the
modern economy
effectively.33 Therefore,
a restructured
and
reformed
SBA
would
end
the
long-term
deficiencies,
practices,
and
problems that
have
prolonged
the decades-long
cycle
of
waste,
fraud,
and
mismanagement.
Moreover,
the
SBA
Administrator and
leadership
can
provide
significant
value
to all
small
businesses
by
strongly
advocating
for
their
policy
needs
and
fostering
an agencywide
culture that
values all
small-business
owners and
does not
exclude certain groups.
Under
a
conservative
Administration,
success
would
yield:
•
A
highly
qualified
SBA
Administrator
and
leadership
team
that
can
competently
run
the
agency and
enthusiastically
advocate
for
the
policy
issues and
needs of
small-business
owners and
entrepreneurs.
•
A
tighter,
more
focused
SBA
that
concentrates
on
congressionally
authorized programs.
•
An
accountable SBA
Administrator
and staff
who report
regularly to
Congress,
respond
on
a
timely
basis
to
requests
from
individual
Members of
Congress, and
satisfactorily
implement or
respond to
IG and
GAO recommendations.
•
A
full
accounting
of
and
an
end
to
waste,
fraud,
and
abuse
in
all
COVID-19
relief programs, including the
PPP and
EIDL programs,
and action
that follows
the
rule
of
law
by
ensuring
that
loan
recipients
who
are
not
eligible
for loan
forgiveness
or
who
falsified
loan
applications
either
pay
back
the funds or
are referred to law enforcement.
•
An
end
to SBA
direct
lending.
•
An
approach
to
small-business
lending
and
capital
programs
that
supports
a resilient
small-business
supply chain
(for example,
by financing
technological upgrades
and capital
expenditures).
•
Outreach
to
all
small
businesses
and
those
that
are
eligible
for
program support
across
sectors
and
geographic
areas.
Through
congressionally
authorized programs
and
collaboration with
partners and
business associations,
the SBA
could use
the latest
technology and
platforms to
2025 Presidential
Transition Project
implement
relevant initiatives to reach small businesses. Programs would
be
nonduplicative
and implemented
on a
first-come, first-served basis.
•
A
modern,
revamped, and streamlined
SBA that
better
utilizes current
technology
and platforms
for
operations,
for
reporting,
and
in
its
programs to
reach, service,
and engage
small
businesses.
•
An
Office
of
Advocacy
that
is
strengthened
by
a
renewed
mandate
and
additional resources to protect against overregulation
along with a research
agenda
that includes
measuring the
total cost
that federal
regulation imposes on small businesses.
Accountability
and Managerial Practice.
The SBA lacks accountability and managerial practices to measure
the effectiveness, success, and integrity of its
various
programs.
As
a
future
Administration
evaluates
agency
structure
and
the
particulars of how the SBA is
spending appropriated funds, it should immediately
require
actions
and
procedures
to compel
a
culture
of
accountability
and
perfor- mance.
Specifically:
•
Require
performance metrics and
internal
procedures to
safeguard taxpayer
dollars and
program
integrity.
As noted
in an
October 2022
IG report,
failure
to
adopt
procedures
that
would
reliably
capture
data
and information
for
various
programs,
coupled with
significant
challenges
and weaknesses
regarding IT investments, systems development, and security
controls,
presents significant
risks to
program
integrity and increased
risk
of
waste,
fraud, and
abuse.34 Addressing these
shortcomings and
risks should be
a
priority
challenge and
action item
for
the
next Administration.
As
underscored by
the Inspector
General in
his
introduction to
the report,
“Pandemic response has,
in many
instances, magnified the
challenging systemic
issues in
SBA’s
mission-related work.”35
•
Review all internal government watchdog recommendations and
require that SBA management implement or address outstanding and
ongoing OIG
and GAO
recommendations
within a
specified time
frame (ideally
within 90
days of
a
recommendation) and
on an ongoing basis.
Strengthening the Office of Advocacy.
The SBA Office of Advocacy (Advo-
cacy) is “an independent office” within the SBA.36
It accounts for about one
one-thousandth of
SBA spending
and 0.75
percent of
SBA personnel. Under
the Regulatory Flexibility Act,
both under
its current
authority and
with suggested
Mandate for
Leadership: The Conservative
Promise
reforms,
the
Office
of
Advocacy
could be
a
powerful
weapon against
the
adminis-
trative state’s regulatory
extremism.
•
Amend the
RFA so
that all
agencies are
required to
provide a
copy of any proposed rule
(other than
bona fide
emergency
rules) along with
initial
regulatory flexibility
analysis to
the Office of
Advocacy
at least
60 days
before a
notice of
proposed
rulemaking is
submitted for
publication in the
Federal Register.
The Office of Advocacy would
submit
comments
to
agencies
within
30
days,
and
each
agency
would
have to
consider these
comments, make
changes in
the proposed
rule based
on
those comments,
or
explain
in
a
revised regulatory
flexibility analysis
why
it
chose not
to
change
the
proposed
rule. The
Office of
Advocacy’s
pre-proposing comments
would be
published on
the agencies’ and
its own
websites.
RFA economic analysis should be
expanded to include indirect costs along with direct costs. In
addition, the next Administration should
require
other
agencies
to
seek
Advocacy’s
input.
Currently,
other
agencies deny
Advocacy the ability to enforce their duty to consider the
effect of regulations
on small
entities by
construing their regulations
as not
having significant economic impact,
which would
otherwise
serve as
a trigger for
Advocacy’s
input. Congress should presumptively exempt small businesses
from
new agency
rules to
force agencies
to seek
Advocacy’s
input and permit
new rules
to apply
to small
businesses only with
Advocacy
signoff under specified criteria.
•
Increase the
Office of
Advocacy’s
budget by
at least
50 percent
($4.6 million).
This
would allow
Advocacy to
hire
approximately 25 attorneys,
economists, and
scientists and enhance
its role
in the
regulatory process.
•
Explicitly direct
federal
agencies to
comply with
the RFA.
This would be
similar to
the approach
adopted by
President Trump
in his
January and
February 2017 executive
orders
directing agencies
to relieve
the cost
and burden
of
regulation
on
business.37 Advocacy
should
organize
regional
roundtables, onsite
small-business
visits, and
an online platform
to hear
directly from
small
businesses
and
entities
as
it
did
from
June
2017
through
September 2018.38
This
activity produced
26 letters
to federal
agencies
and
highlighted specific
regulations that
need reform
and
how
Congress had
addressed the most
burdensome rules through
the
Congressional Review
Act.39
2025 Presidential
Transition Project
COVID-19 Lending Program Accountability and Cleanup.
A major
immediate
priority
for
the
next
Administration
should
be
a
final
accounting
and
accelerated cleanup
of
fraudulent
COVID-19
loan
and
grant
activity.
As
noted
by
the SBA IG, “managing COVID-19
stimulus lending is the greatest overall challenge
facing
SBA,
and
it
may
likely
continue
to
be
for
many
years
as the
agency
grapples
with fraud
in
the
programs….”40 The
next
Administration
should:
•
Consider bringing
in
private-sector
support and
expertise to
close
out these
programs.
Forgiveness
and fraud
must be
dealt with
as swiftly
as
possible,
and
law
enforcement
officials
must
pursue
fraud
vigorously.
Entities receiving
PPP loans
that did
not meet
eligibility for forgiveness must
be required
to pay
back the
money.
For
example, under
the CARES
Act,41
PPP
loan applicants generally were eligible
only if, together
with all
their
affiliates, they
had no
more than
500 employees.
Numerous Planned Parenthood affiliates self-certified
eligibility for
PPP loans
during the
initial wave
of loans that
were governed
by the
CARES Act’s size requirement.
Many Senators and Representatives asserted that
these Planned
Parenthood
organizations were
ineligible
because— considered together with
their
affiliates—they
exceeded the
maximum eligible
size.42
The
Trump
Administration SBA notified
several
Planned Parenthood PPP recipients of its preliminary
determination of their
ineligibility and of SBA’s authority to take various actions
against applicants that falsely certified their
eligibility.43
To
date, despite
continued oversight
attempts by
Members of
Congress,44 the
SBA has
taken no
action on
the Planned
Parenthood
loans other
than
to
forgive
them, and
in
2021,
it
approved
new
PPP
loans to
Planned Parenthood
affiliates.45
•
Cooperate
with ongoing
congressional oversight efforts
and determine
whether SBA
has authority to reverse
the forgiveness
decisions.
If it does have that authority, the SBA should reverse the
forgiveness decisions for the
subject loans,
reiterate its
preliminary
determinations of ineligibility, investigate the matter more
thoroughly, and take
all
appropriate
action
when
its
investigation
concludes.
Regardless
of whether
it reverses
its
forgiveness, if
its
investigation uncovers evidence
that Planned Parenthood affiliates
or any
other loan
recipients knowingly misrepresented
their
eligibility
in
their
applications,
the
SBA
should
make
appropriate referrals to the Department of Justice.
Mandate for
Leadership: The Conservative
Promise
Disaster Loan Program and Direct Lending.
The SBA’s disaster loan pro-
gram
provides
low-interest
loans
to
personal,
business,
and
nonprofit
borrowers
following a
federally declared disaster.
The program
suffers from
problems of
coordination
with
Federal
Emergency
Management
Administration
(FEMA)
disas- ter
assistance.
For example,
disaster
relief applicants
have an
incentive to avoid
being
approved
for SBA
disaster
loans
in
order
to
increase
the
amount
of
FEMA assistance
for
which
they
are
eligible.
Moreover,
the
availability
of
disaster
loans
reduces individuals’
incentives to purchase disaster-related insurance. More than 90 percent
of
SBA
disaster
loans
are
loans
to
individuals
such
as
homeowners,
not to small
businesses.
In
view of
the
challenges
the
SBA
has
experienced
in
its
administration
of
this program,
as
well as
the
fraud
and
abuse
in
the
EIDL
COVID-19–related
program and the IG’s
concern that the systemic problems within this lending program
undermine the
SBA’s work,
the next
Administration
should:
•
Work with Congress to assess the extent to which disaster
loans should be
offered by
another agency
rather than
the SBA
and explore
private-sector channels for administering the loans.
•
Specify clearly
that no
new direct
lending
programs will
be developed at the SBA.
Eligibility of
Religious Entities for
SBA Loans.
Current SBA regulations46 and SBA Form
197147
make
certain
religious entities
ineligible to
participate in
several
SBA
loan
programs.
The
Trump
Administration
proposed
a
rule
that
would remove
the provisions
on the
ground that
they violate
the First
Amendment.48
Subsequent
Supreme Court
decisions have
made their
unconstitutionality
clearer.49 In
an April 3, 2020, letter to Congress pursuant to 28 U.S. Code §
530D,50 the
Trump
Administration SBA
advised
that
two
such
provisions
violate
the
Free
Exer-
cise
Clause
of
the
First
Amendment
and that
it
therefore
would
not
enforce
them. On
January 19,
2021, the
Trump
Administration SBA proposed
a rule
to remove
all
of the
unconstitutional
religious
exclusions
from
its
regulations.51 The
SBA
has
not
acted
on
the
proposed
rule.
A similar
religious exclusion once appeared in the regulation governing
eligibil-
ity
for
SBA
Business Loan
Programs,52 but
it
was
removed
in
a
June 2022
final rule
that
noted
tension with
the
First
Amendment and
Supreme Court
precedent.53 That
final rule
announced that
the
SBA
would nonetheless
continue to
make religious
eligibility
determinations
for business
loan
applicants to
comply with
putative Establishment Clause
requirements,54 but
Supreme
Court precedent
and
Office
of
Legal
Counsel memoranda
refute the
notion that
large
government-backed
loan programs raise any
Establishment Clause concerns.55
2025 Presidential
Transition Project
The
SBA
uses
the
same
“Religious Eligibility
Worksheet,” SBA
Form 1971,
to
make
eligibility determinations for all affected programs, including
the Business Loan
Programs. Thus,
the SBA
continues to
act as
though the
unconstitutional
regulation were still in place, and there is no Establishment
Clause basis for doing so. The next
Administration should immediately:
•
Notify Congress
under 28
U.S. Code
§ 530D
that it
will not
enforce
these unconstitutional regulations.
•
Take down
SBA Form
1971.
•
Finalize the
Trump
Administration’s
proposed rule
or publish its
own updated
proposed rule
to remove
the
unconstitutional
regulations.
Small Business
Innovation Research and
Small Business
Technology
Transfer Programs.
The SBA “coordinates and monitors
the Small Business
Innovation
Research
(SBIR)
and
Small
Business
Technology
Transfer
(STTR)
pro-
grams
for
all
federal
agencies
with extramural
budgets
for
research
or
research
and development
(R/R&D) in excess
of the
expenditures established in
sections 9(f)
and 9(n)
of the
Small Business
Act.”56
The
SBIR and
STTR Extension
Act of 2022 extended
these
programs
from
September
30,
2022,
through
September
30,
2025.57 SBIR
requires that
3.2 percent
of spending
by agencies
with
extramural R&D
budgets
of
$100
million
or
more
must
be
directed
to
small
businesses.
STTR
allo-
cates
0.45
percent
of federal
research
spending
to
small
firms.58 Research
has
shown
that
this small
portion of
federal R&D
spending is
disproportionately
effective.59 The
SBIR program has consistently demonstrated its ability to fund
advanced technologies
through to
private-market
viability and invests
more in
America’s
heartland
than
venture
capital invests.60
SBIR and STTR have overcome the
tendency of federal contracting officers
to
deal
only
with
large
firms
that
are
familiar
to them
and
have
the
expertise
and lobbying
clout to
navigate the
federal
procurement process. The
next Adminis-
tration should:
•
Continue the
SBIR and
SBTT programs
as they
successfully fund the next wave of
technological innovation to compete with Big Tech.
•
Urge Congress
to expand
the amount
that other
agencies are
required to
set aside
from their
general R&D
budgets for
the SBIR
program.
•
Ensure the
enactment of
stricter rules
requiring that
SBIR funds
must
be expended
on capital
investments in the
United States.
Mandate for
Leadership: The Conservative
Promise
Domestic Manufacturing and Small Business.
Small businesses in the
manufacturing sector face shortfalls in access to capital.61
As manufacturing employment, domestic business
investment, and non–information
technology output
have
declined,62 expectations
for
market
returns and
the
capital
available to
small
manufacturing
enterprises have diminished.
This is
especially true for
capital-intensive sectors
like
transportation
and
energy
that
require
large
up-front
investments
and
relatively
lower-margin
sectors
like
plastics,
textiles,
furniture,
and agriculture. Yet these
industries and others like them traditionally have been
the
backbone
of American
manufacturing
employment.
They
also
are
sources
of
self-sufficiency and
resilience at
a time
when global
supply chains
are increas-
ingly uncertain.
The
public policy
problems that
are
caused
by
declining
small manufacturing
are
especially
acute when
it comes
to the production of
advanced
technologies. Other agencies
and programs invest immense taxpayer resources in basic science
and
research.
Over
time,
that
research
results
in
some
breakthrough
technologies,
but when
it is
time to
put these
breakthroughs into practice
by
manufacturing goods
and services, much
of the
necessary productive capacity
is offshore.63 For
many
technologies, the
American
economy
lacks
the
capacity
to
“scale
up”
inno- vations
that
might
not
be
immediately profitable.
Instead,
those
technologies
are put
into
practice
abroad. In
this
way,
foreign
companies
and
foreign
productive
sites buy
and implement
taxpayer-funded American technologies.
The SBA’s
existing programs should be reformed to expand the private
market for
capital in
small-manufacturer
expansion. The next
Administration should:
• Ask Congress to make available a category of Section 7(a) loans with a larger available principal that is used to finance manufacturing facility construction and equipment upgrading. The proposed SBA Reauthorization and Improvement Act of 2019, for example, would