A resolution informing the House of Representatives that a quorum of the Senate is assembled.

— 533 — Department of the Interior order to fulfill the yet-unaltered congressional mandate contained in federal law, to provide for jobs and well-paying employment opportunities in rural Oregon, and to ameliorate the effects of wildfires, the new Administration must immedi- ately fulfill its responsibilities and manage the O&C lands for “permanent forest production” to ensure that the timber is “sold, cut, and removed.”79 NEPA Reforms. Congress never intended for the National Environmental Policy Act to grow into the tree-killing, project-dooming, decade-spanning mon- strosity that it has become. Instead, in 1970, Congress intended a short, succinct, timely presentation of information regarding major federal action that signifi- cantly affects the quality of the human environment so that decisionmakers can make informed decisions to benefit the American people. The Trump Administration adopted common-sense NEPA reform that must be restored immediately. Meanwhile, DOI should reinstate the secretarial orders adopted by the Trump Administration, such as placing time and page limits on NEPA documents and setting forth—on page one—the costs of the document itself. Meanwhile, the new Administration should call upon Congress to reform NEPA to meet its original goal. Consideration should be given, for example, to eliminat- ing judicial review of the adequacy of NEPA documents or the rectitude of NEPA decisions. This would allow Congress to engage in effective oversight of federal agencies when prudent. Settlement Transparency. Interior Secretary David Bernhardt required DOI to prominently display and provide open access to any and all litigation settlements into which DOI or its agencies entered, and any attorneys’ fees paid for ending the litigation.80 Biden’s DOI, aware that the settlements into which it planned to enter and the attorneys’ fees it was likely to pay would cause controversy, ended this policy.81 A new Administration should reinstate it. The Endangered Species Act. The Endangered Species Act was intended to bring endangered and threatened species back from the brink of extinction and, when appropriate, to restore real habitat critical to the survival of the spe- cies. The act’s success rate, however, is dismal. Its greatest deficiency, according to one renowned expert, is “conflict of interest.”82 Specifically, the work of the Fish and Wildlife Service is the product of “species cartels” afflicted with group- think, confirmation bias, and a common desire to preserve the prestige, power, and appropriations of the agency that pays or employs them. For example, in one highly influential sage-grouse monograph, 41 percent of the authors were federal workers. The editor, a federal bureaucrat, had authored one-third of the paper.83 Meaningful reform of the Endangered Species Act requires that Congress take action to restore its original purpose and end its use to seize private prop- erty, prevent economic development, and interfere with the rights of states over their wildlife populations. In the meantime, a new Administration should take the following immediate action: — 534 — Mandate for Leadership: The Conservative Promise l Delist the grizzly bear in the Greater Yellowstone and Northern Continental Divide Ecosystems and defend to the Supreme Court of the United States the agency’s fact-based decision to do so.84 l Delist the gray wolf in the lower 48 states in light of its full recovery under the ESA.85 l Cede to western states jurisdiction over the greater sage-grouse, recognizing the on-the-ground expertise of states and preventing use of the sage-grouse to interfere with public access to public land and economic activity. l Direct the Fish and Wildlife Service to end its abuse of Section 10(j) of the ESA by re-introducing so-called “experiment species” populations into areas that no longer qualify as habitat and lie outside the historic ranges of those species, which brings with it the full weight of the ESA in areas previously without federal government oversight.86 l Direct the Fish and Wildlife Service to design and implement an impartial conservation triage program by prioritizing the allocation of limited resources to maximize conservation returns, relative to the conservation goals, under a constrained budget.87 l Direct the Fish and Wildlife Service to make all data used in ESA decisions available to the public, with limited or no exceptions, to fulfill the public’s right to know and to prevent the agency’s previous opaque decision-making. l Abolish the Biological Resources Division of the U.S. Geological Survey and obtain necessary scientific research about species of concern from universities via competitive requests for proposals. l Direct the Fish and Wildlife Service to: (1) design and implement an Endangered Species Act program that ensures independent decision- making by ending reliance on so-called species specialists who have obvious self-interest, ideological bias, and land-use agendas; and (2) ensure conformity with the Information Quality Act.88 Office of Surface Mining. The Office of Surface Mining Reclamation and Enforcement (OSM) was created by the Surface Mining Control and Reclamation Act of 1977 (SMCRA)89 to administer programs for controlling the impacts of surface coal mining operations. Although the coal industry is contracting, coal constitutes

— 533 — Department of the Interior order to fulfill the yet-unaltered congressional mandate contained in federal law, to provide for jobs and well-paying employment opportunities in rural Oregon, and to ameliorate the effects of wildfires, the new Administration must immedi- ately fulfill its responsibilities and manage the O&C lands for “permanent forest production” to ensure that the timber is “sold, cut, and removed.”79 NEPA Reforms. Congress never intended for the National Environmental Policy Act to grow into the tree-killing, project-dooming, decade-spanning mon- strosity that it has become. Instead, in 1970, Congress intended a short, succinct, timely presentation of information regarding major federal action that signifi- cantly affects the quality of the human environment so that decisionmakers can make informed decisions to benefit the American people. The Trump Administration adopted common-sense NEPA reform that must be restored immediately. Meanwhile, DOI should reinstate the secretarial orders adopted by the Trump Administration, such as placing time and page limits on NEPA documents and setting forth—on page one—the costs of the document itself. Meanwhile, the new Administration should call upon Congress to reform NEPA to meet its original goal. Consideration should be given, for example, to eliminat- ing judicial review of the adequacy of NEPA documents or the rectitude of NEPA decisions. This would allow Congress to engage in effective oversight of federal agencies when prudent. Settlement Transparency. Interior Secretary David Bernhardt required DOI to prominently display and provide open access to any and all litigation settlements into which DOI or its agencies entered, and any attorneys’ fees paid for ending the litigation.80 Biden’s DOI, aware that the settlements into which it planned to enter and the attorneys’ fees it was likely to pay would cause controversy, ended this policy.81 A new Administration should reinstate it. The Endangered Species Act. The Endangered Species Act was intended to bring endangered and threatened species back from the brink of extinction and, when appropriate, to restore real habitat critical to the survival of the spe- cies. The act’s success rate, however, is dismal. Its greatest deficiency, according to one renowned expert, is “conflict of interest.”82 Specifically, the work of the Fish and Wildlife Service is the product of “species cartels” afflicted with group- think, confirmation bias, and a common desire to preserve the prestige, power, and appropriations of the agency that pays or employs them. For example, in one highly influential sage-grouse monograph, 41 percent of the authors were federal workers. The editor, a federal bureaucrat, had authored one-third of the paper.83 Meaningful reform of the Endangered Species Act requires that Congress take action to restore its original purpose and end its use to seize private prop- erty, prevent economic development, and interfere with the rights of states over their wildlife populations. In the meantime, a new Administration should take the following immediate action:

— 160 — Mandate for Leadership: The Conservative Promise Officer’s procurement of innovative technology; and the facilities plan, including the consolidation into the St. Elizabeth’s campus. They should also be prepared to help implement any end to unionization of DHS components in response to an executive order pursuant to 5 U.S.C. 7103.15 Office of the Chief Financial Officer (OCFO). DHS responsibilities to work with Congress have been split between the Office of Legislative Affairs (OLA) and OCFO. OLA deals with the authorizing committees on policy issues, and OCFO works with the appropriations committees on budget planning, execution, and reprogramming. This split creates communication and visibility issues within DHS and inconsistency in answers to Congress. This is an issue not only within the HQ model, but also through- out the components. Either appropriations personnel should be moved to OLA and there should be a “dotted line” reporting structure to OCFO, or a policy that OLA per- sonnel must be included on communications to Congress should be implemented. To avoid “answer shopping” by congressional staff, particularly appropriations staff, all budget communications from the OCFO, including from the CFO him/ herself, should first be provided to the Director of OLA to ensure consistency of information, messaging, and answers. This may be deemed awkward given that the OCFO is a Senate-confirmed position, but it is necessary to avoid inaccuracies and inconsistencies in messaging. Federal Protective Service (FPS). FPS needs federal agents to develop, share, and receive operational information and maintain direct contact with the Secretary in the midst of heightened threats. Before the summer 2020 civil unrest, position- ing FPS under MGMT was justified, but given the current climate, they should not be reporting through MGMT. This may be especially problematic if a Management Directorate Under Secretary lacking law enforcement or military experience is in place when a situation like summer 2020 arises. FPS should report to the Secretary as other components (e.g., FLETC) do. This would add little to the Secretary’s current burden unless or until civil unrest arises, at which point reporting to the Secretary creates a direct line between the primary DHS decision-maker (S1 or S2) and the FPS Director. Regarding operational communication, there should be information-sharing mandates (MOAs)—which are applicable under specific circumstances where fed- eral facilities are involved—between FPS and the U.S. Marshals, U.S. Park Police, and FBI. Agreements with U.S. Capitol Police and Supreme Court Police should also be considered, but it is noteworthy that those entities are jurisdictionally out- side of the executive branch. OFFICE OF STRATEGY, POLICY, AND PLANS (PLCY) Department-Level Reforms. PLCY should perform a complete inventory, analysis, and reevaluation of the department’s domestic terrorism lines of effort to ensure that they are consistent with the President’s priorities, congressional authorization, and Americans’ constitutional rights. — 161 — Department of Homeland Security PLCY should likewise do a complete inventory, analysis, and evaluation of any of the department’s work, in coordination with social media outlets, to censor or otherwise change or affect Americans’ speech. PLCY should comprehensively report on and publish this history in full so that the American people can know the facts. The department should remove all personnel who participated in any of this activity. The department has significant authority and budget to provide grants for var- ious purposes. This effort is diffused across components and lacks central policy thought and coordination. PLCY should set a departmentwide policy that estab- lishes how granting choices are to be made and is consistent with the President’s priorities. PLCY should clear all granting decisions to ensure that they are con- sistent with the new policy. PLCY-Wide Reforms. PLCY should work with Congress to streamline the department’s reporting requirements. Because there has not been a departmen- tal reauthorization bill and these requirements have been added piecemeal over two decades, they significantly overlap and even conflict—wasting resources and distracting from the department’s mission. PLCY should seek the elimination of the Quadrennial Homeland Security Review. Issue-Area Reforms. PLCY should bolster its Immigration Statistics program and make it the one-stop shop for the timely production of all department immi- gration statistics and analysis. OFFICE OF INTELLIGENCE AND ANALYSIS (I&A) The Office of Intelligence and Analysis should be eliminated both because it has not added value and because it has been weaponized for domestic politi- cal purposes. The Intelligence Community (IC) already provides raw intelligence to DHS components. In addition, the FBI, National Counter Terrorism Center, and other agencies where necessary already provide holistic threat assessment products to federal, state, local, tribal, and territorial governments as well as to private-sector entities at both the classified and unclassified levels where appropriate. I&A’s work as an interlocuter between the IC and DHS components’ individual intelligence operations on the one hand and government and the private sector on the other, as well as between the IC and the components, is at best duplicative. At worst, it is used and discussed in the media as a political tool, resulting in more harm than good to the U.S. government and IC writ large. The Cybersecurity and Infrastructure Security Agency, which is not a member of the IC, should create cyber intelligence products in a collaborative fashion with the National Security Agency and U.S. Cyber Command. Such efforts would lead to timelier usable classified and unclassified products for stakeholders that exceed the quality and capability of I&A’s efforts. This same principle applies to other