Disaster Related Extension of Deadlines Act

— 357 — Department of Education NEW EXECUTIVE ORDERS THAT THE PRESIDENT SHOULD ISSUE Guidance Documents l The President should immediately reinstate and reissue Executive Order 13891: Promoting the Rule of Law Through Improved Agency Guidance Documents, 84 Fed. Reg. 55235 (Oct. 9, 2019), and Executive Order 13892: Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication (Oct. 15, 2019). These executive orders required all federal agencies to treat guidance documents as non-binding in law and practice and also forbade federal agencies from imposing new standards of conduct on persons outside the executive branch through guid- ance documents. They required all federal agencies to apply regulations and statutes instead of guidance documents in any enforcement action. President Biden revoked these executive orders on January 20, 2021, demonstrating that these executive orders effectively restrained the abuses of an expansive administrative state. l Require APA notice and comment. The President should issue an executive order requiring the Office for Civil Rights’ Case Processing Manual to go through APA (Administrative Procedures Act) notice and comment. l Protect the First Amendment. The President should issue an executive order requiring grant applications (SF-424 series) to contain assurances that the applicant will uphold the First Amendment in funded programs and work. l Minimize bachelor’s degree requirements. The President should issue an executive order stating that a college degree shall not be required for any federal job unless the requirements of the job specifically demand it. l Eliminate the “list of shame.” Educational institutions can claim a religious exemption with the Office for Civil Rights at the Department of Education from the strictures of Title IX. In 2016, the Obama Administration published on the Department of Education’s website a list of colleges that had applied for the exemption. This “list of shame” of faith-based colleges, as it came to be known, has since been archived on ED’s website, still publicly available. The President should issue an executive order removing the archived list and preventing such a list from being published in the future. — 358 — Mandate for Leadership: The Conservative Promise NEW AGENCY POLICIES THAT DON’T REQUIRE NEW LEGISLATION OR REGULATIONS TO ENACT Transparency of FERPA and PPRA Complaints l The Department of Education should be transparent about complaints filed on behalf of families regarding the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). l At the same time, the Department of Education should develop a portal and resources for parents on their rights under FERPA and PPRA. This portal should also contain an explanation of the Health Insurance Portability and Accountability Act (HIPPA) and public school procedures to demonstrate that the law does not deprive parents of their right to access any school health records. The D.C. Opportunity Scholarship Program In 2011, Congress added new requirements to the D.C. Opportunity Scholarship Program stating that participating private schools must submit to site visits by the program administrator, inform prospective students about the school’s accreditation status, mandate that teachers of core subjects have bachelor’s degrees, and require participating students to take some form of nationally norm-referenced test. Notably, the 2011 reauthorization also required, for the first time, that participating private schools be accredited or be on a path to accreditation. The 2017 reauthorization went further, requiring that each participating school supply a certificate of accreditation to the administering entity upon program entry, demonstrating that the school is fully accredited before being allowed to participate. The list of approved accreditors is entirely too small to serve the mission of the diverse schools in the nation’s capital. l Although the accreditation regulations should be removed entirely by Congress, in the meantime, the next President should issue an executive order expanding the list of allowable accreditors. Transparency Around Program Performance and DEI Influence The next President should issue a series of executive orders requiring: l An accounting of how federal programs/grants spread DEI/CRT/ gender ideology, l A review of outcomes for GEAR UP and the 21st Century grants programs,

— 66 — Mandate for Leadership: The Conservative Promise 17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/99- 20729.pdf (accessed January 31, 2023). 18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, 1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf (accessed January 31, 2023). 19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed January 31, 2023). 20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). 21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed January 31, 2023). 22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). 23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115th- congress/senate-bill/951 (accessed January 31, 2023). 24. S. 2314, Social Media Addiction Reduction Technology Act (SMART Act), 116th Congress, introduced July 30, 2019, https://www.congress.gov/bill/116th-congress/senate-bill/2314/text (accessed January 31, 2023). 25. H.R. 1605, Guidance Out of Darkness Act (GOOD Act), 117th Congress, introduced March 8, 2021, https://www. congress.gov/bill/117th-congress/house-bill/1605 (accessed January 31, 2023). 26. S. 2804, Early Participation in Regulations Act of 2021, 117th Congress, introduced September 22, 2021, https:// www.congress.gov/bill/117th-congress/senate-bill/2804 (accessed January 31, 2023). 27. S. 170, Unfunded Mandates Accountability and Transparency Act, 117th Congress, introduced February 2, 2021, https://www.congress.gov/bill/117th-congress/senate-bill/170 (accessed January 31, 2023). 28. H.R. 277, Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), 118th Congress, introduced January 11, 2023, https://www.congress.gov/bill/118th-congress/house-bill/277/all-info?r=217 (accessed January 31, 2023). 29. Subtitle E, “Congressional Review,” in H.R. 3136, Contract with America Advancement Act of 1996, Public Law No. 104-121, 104th Congress, March 29, 1996, https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/ PLAW-104publ121.pdf (accessed January 31, 2023). 30. H.R. 115, Midnight Rules Relief Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress. gov/bill/118th-congress/house-bill/115/text?s=1&r=18 (accessed January 31, 2023). 31. See Federation of American Scientists, Intelligence Resource Program, “Presidential Directives and Executive Orders,” https://irp.fas.org/offdocs/direct.htm (accessed February 1, 2023), and Library of Congress, Researchers, Newspaper and Current Periodical Reading Room, “Presidential Directives and Where to Find Them,” March 30, 2022, https://www.loc.gov/rr/news/directives.html (accessed February 1, 2023). 32. President Donald J. Trump, Executive Order 13803, “Reviving the National Space Council,” June 30, 2017, in Federal Register, Vol. 82, No. 129 (July 7, 2017), pp. 31429–31432, https://www.govinfo.gov/content/pkg/FR- 2017-07-07/pdf/2017-14378.pdf (accessed February 1, 2023).

— 66 — Mandate for Leadership: The Conservative Promise 17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/99- 20729.pdf (accessed January 31, 2023). 18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, 1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf (accessed January 31, 2023). 19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed January 31, 2023). 20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). 21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed January 31, 2023). 22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). 23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115th- congress/senate-bill/951 (accessed January 31, 2023). 24. S. 2314, Social Media Addiction Reduction Technology Act (SMART Act), 116th Congress, introduced July 30, 2019, https://www.congress.gov/bill/116th-congress/senate-bill/2314/text (accessed January 31, 2023). 25. H.R. 1605, Guidance Out of Darkness Act (GOOD Act), 117th Congress, introduced March 8, 2021, https://www. congress.gov/bill/117th-congress/house-bill/1605 (accessed January 31, 2023). 26. S. 2804, Early Participation in Regulations Act of 2021, 117th Congress, introduced September 22, 2021, https:// www.congress.gov/bill/117th-congress/senate-bill/2804 (accessed January 31, 2023). 27. S. 170, Unfunded Mandates Accountability and Transparency Act, 117th Congress, introduced February 2, 2021, https://www.congress.gov/bill/117th-congress/senate-bill/170 (accessed January 31, 2023). 28. H.R. 277, Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), 118th Congress, introduced January 11, 2023, https://www.congress.gov/bill/118th-congress/house-bill/277/all-info?r=217 (accessed January 31, 2023). 29. Subtitle E, “Congressional Review,” in H.R. 3136, Contract with America Advancement Act of 1996, Public Law No. 104-121, 104th Congress, March 29, 1996, https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/ PLAW-104publ121.pdf (accessed January 31, 2023). 30. H.R. 115, Midnight Rules Relief Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress. gov/bill/118th-congress/house-bill/115/text?s=1&r=18 (accessed January 31, 2023). 31. See Federation of American Scientists, Intelligence Resource Program, “Presidential Directives and Executive Orders,” https://irp.fas.org/offdocs/direct.htm (accessed February 1, 2023), and Library of Congress, Researchers, Newspaper and Current Periodical Reading Room, “Presidential Directives and Where to Find Them,” March 30, 2022, https://www.loc.gov/rr/news/directives.html (accessed February 1, 2023). 32. President Donald J. Trump, Executive Order 13803, “Reviving the National Space Council,” June 30, 2017, in Federal Register, Vol. 82, No. 129 (July 7, 2017), pp. 31429–31432, https://www.govinfo.gov/content/pkg/FR- 2017-07-07/pdf/2017-14378.pdf (accessed February 1, 2023). — 67 — Executive Office of the President of the United States 33. H.R. 10230, National Science and Technology Policy, Organization, and Priorities Act of 1976, Public Law No. 94-282, 94th Congress, May 11, 1976, https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg459. pdf (accessed February 1, 2023). 34. H.R. 4346, CHIPS [Creating Helpful Incentives to Produce Semiconductors] and Science Act, Public Law No. 117-167, 117th Congress, August 9, 2022, https://www.congress.gov/117/plaws/publ167/PLAW-117publ167.pdf (accessed February 1, 2023). 35. S. 169, Global Change Research Act of 1990, Public Law No. 101-606, 101st Congress, November 16, 1990, https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg3096.pdf (accessed February 1, 2023). 36. S. 1075, National Environmental Policy Act of 1969, Public Law No. 91-190, 91st Congress, January 1, 1970, https://uscode.house.gov/statutes/pl/91/190.pdf (accessed February 1, 2023). 37. Andrus v. Sierra Club, 442 U.S. 347, 358 (1979), https://tile.loc.gov/storage-services/service/ll/usrep/usrep442/ usrep442347/usrep442347.pdf (accessed March 7, 2023). 38. Title XLI (41) in H.R. 22, Fixing America’s Surface Transportation Act (FAST Act), Public Law No. 114-94, 114th Congress, December 4, 2015, https://www.congress.gov/114/statute/STATUTE-129/STATUTE-129-Pg1312.pdf (accessed February 1, 2023). 39. President Donald J. Trump, Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” August 15, 2017, in Federal Register, Vol. 82, No. 163 (August 24, 2017), pp. 40463–40469, https://www.govinfo.gov/content/pkg/FR-2017-08-24/ pdf/2017-18134.pdf (accessed February 1, 2023). 40. H.R. 5210, Anti-Drug Abuse of 1988, Public Law No. 100-690, 100th Congress, November 18, 1988, https://www. congress.gov/100/statute/STATUTE-102/STATUTE-102-Pg4181.pdf (accessed February 1, 2023). 41. President Joseph R. Biden Jr., Executive Order 14020, “Establishment of the White House Gender Policy Council,” March 8, 2021, in Federal Register, Vol. 86, No. 46 (March 11, 2021), pp. 13797–13801, https://www. govinfo.gov/content/pkg/FR-2021-03-11/pdf/2021-05183.pdf (accessed January 31, 2023). 42. U.S. Constitution, Amendment XXV, https://www.law.cornell.edu/constitution/amendmentxxv (accessed March 9, 2023). 43. 50 U.S.C. § 3021(c)(1), https://www.law.cornell.edu/uscode/text/50/3021 (accessed March 9, 2023). 44. 20 U.S.C. § 20(a), https://www.law.cornell.edu/uscode/text/20/42#:~:text=The%20business%20of%20the%20 Institution%20shall%20be%20conducted,no%20two%20of%20them%20of%20the%20same%20State (accessed March 9, 2023). 45. Vice Presidents Gerald Ford and Lyndon Johnson assumed (Ford) or initially assumed (Johnson) the office of the presidency by a process of succession.