A resolution notifying the President of the United States of the election of a Secretary of the Senate.

— 64 — Mandate for Leadership: The Conservative Promise Senate, often serves as a presidential emissary to the Senate and thus can be espe- cially helpful in securing passage of the President’s legislative agenda. To the extent that he or she desires, a Vice President can have a direct role in shaping Administration policy. A Vice President who regularly attends meetings and disperses staff across the interagency and policy councils is a Vice President whose voice will be heard. AUTHOR’S NOTE: Special thanks to those who contributed to this chapter: Stephen Billy, Scott Pace, Casey Mulligan, Edie Heipel, Mike Duffey, Vance Ginn, Iain Murray, Laura Cunliffe, Mario Loyola, Anthony Campau, Paige Agostin, Molly Sikes, Paul Ray, Kenneth A. Klukowski, Michael Anton, Robert Greenway, Valerie Huber, James Rockas, Paul Winfree, Aaron Hedlund, Brian McCormack, David Legates, Art Kleinschmidt, Paul Larkin, Kayla Tonnessen, Jeffrey B. Clark, Jonathan Wolfson, and Bob Burkett. — 65 — Executive Office of the President of the United States ENDNOTES 1. U.S. Constitution, Article II, Section 1, https://www.law.cornell.edu/constitution/articleii#section1 (accessed January 30, 2023). 2. James Madison, The Federalist Papers No. 47, January 30, 1788, https://founders.archives.gov/documents/ Madison/01-10-02-0266 (accessed January 30, 2023). 3. 31 U.S.C. §§ 1341(a)(1)(A) and 1341(a)(1)(B), https://www.law.cornell.edu/uscode/text/31/1341 (accessed January 30, 2023); § 1342, https://www.law.cornell.edu/uscode/text/31/1342 (accessed January 30, 2023); and § 1517(a), https://www.law.cornell.edu/uscode/text/31/1517(a) (accessed January 30, 2023). 4. President William J. Clinton, Executive Order 12866, “Regulatory Planning and Review,” September 30, 1993, in Federal Register, Vol. 58, No. 190 (October 4, 1993), pp. 51735–51744, https://www.govinfo.gov/content/pkg/ FR-1993-10-04/pdf/FR-1993-10-04.pdf (accessed March 9, 2023). 5. Brent J. McIntosh, General Counsel, Department of the Treasury, and Neomi Rao, Administrator, Office of Information and Regulatory Affairs, Memorandum of Agreement, “The Department of the Treasury and the Office of Management and Budget Review of Tax Regulations Under Executive Order 12866,” April 11, 2018, https://home.treasury.gov/sites/default/files/2018-04/04-11%20Signed%20Treasury%20OIRA%20MOA.pdf (accessed January 31, 2023). 6. See Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, “Extending Regulatory Review Under Executive Order 12866 to Independent Regulatory Agencies,” 43 Op. O.L.C. __ (Oct. 8, 2019), https:// www.justice.gov/sites/default/files/opinions/attachments/2020/12/30/2019-10-08-extend-reg-review.pdf (accessed January 31, 2023). 7. Office of Management and Budget, Circular A-4, “Regulatory Analysis,” September 17, 2003, https:// www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf (accessed January 31, 2023). 8. President Donald J. Trump, Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents,” October 9, 2019, in Federal Register, Vol. 84, No. 199 (October 15, 2019), pp. 55235– 55238, https://home.treasury.gov/sites/default/files/2018-04/04-11%20Signed%20Treasury%20OIRA%20MOA. pdf (accessed January 31, 2023). 9. President Donald J. Trump, Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” January 30, 2017, in Federal Register, Vol. 82, No. 22 (February 3, 20170, pp. 9339–9341, https://www.govinfo. gov/content/pkg/FR-2017-02-03/pdf/2017-02451.pdf (accessed January 31, 2023). 10. President Donald J. Trump, Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” February 24, 2017, in Federal Register, Vol. 82, No. 39 (March 1, 2017), pp. 12285–12287, https://www.govinfo.gov/content/ pkg/FR-2017-03-01/pdf/2017-04107.pdf (accessed January 31, 2023). 11. See note 8, supra. 12. President Donald J. Trump, Executive Order 13892, “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication,” in Federal Register, Vol. 84, No. 199 (October 15, 2019), pp. 55239–55243, https://www.govinfo.gov/content/pkg/FR-2019-10-15/pdf/2019-22624.pdf (accessed January 31, 2023). 13. President Donald J. Trump, Executive Order 13893, “Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO,” October 10, 2019, in Federal Register, Vol. 84, No. 200 (October 16, 2019), pp. 55487–55488, https://www.govinfo.gov/content/pkg/FR-2019-10-16/pdf/2019-22749. pdf (accessed January 31, 2023). 14. President Donald J. Trump, Executive Order 13924, “Regulatory Relief to Support Economic Recovery,” May 19, 2020, in Federal Register, Vol. 85, No. 100 (May 22, 2020), pp. 31353–31356, esp. 31355, https://www.govinfo. gov/content/pkg/FR-2020-05-22/pdf/2020-11301.pdf (accessed January 31, 2023). 15. President Donald J. Trump, Executive Order 13979, “Ensuring Democratic Accountability in Agency Rulemaking,” January 18, 2021, in Federal Register, Vol. 86, No. 13 (January 22, 2021), pp. 6813–6815, https:// www.govinfo.gov/content/pkg/FR-2021-01-22/pdf/2021-01644.pdf (accessed January 31, 2023). 16. President Donald J. Trump, Executive Order 13980, “Protecting Americans from Overcriminalization Through Regulatory Reform,” January 18, 2021, in Federal Register, Vol. 86, No. 13 (January 22, 2021), pp. 6817–6820, https://www.govinfo.gov/content/pkg/FR-2021-01-22/pdf/2021-01645.pdf (accessed January 31, 2023).

— 176 — Mandate for Leadership: The Conservative Promise Secretary of State should work as part of an agile foreign policy team along with the National Security Advisor, the Secretary of Defense, and other agency heads to flesh out and advance the President’s foreign policy. Bureaucratic stovepipes of the past should be less important than commitment to, and achievement of, the President’s foreign policy agenda. The State Department’s role in these interagency discussions must reflect the President’s clear direction and disallow resources and tools to be used in any way that detracts from the presidentially directed mission. Coordinate with Congress. Congress has both the statutory and appropri- ations authority to impact the State Department’s operations and has a strong interest in key aspects of American foreign policy. The department must therefore take particular care in its interaction with Congress, since poor interactions with Congress, regardless of intentions, could trigger congressional pushback or have other negative impacts on the President’s agenda. This will require particularly strong leadership of the Department of State’s Bureau of Legislative Affairs. The Secretary of State and political leadership should ensure full coordination with the White House regarding congressional engage- ment on any State Department responsibility. This may lead to, for example, the President authorizing the State Department to engage with Members of Congress and relevant committees on certain issues (including statutorily designated con- gressional consultations), but to remain “radio silent” on volatile or designated issues on which the White House wants to be the primary or only voice. All such authorized department engagements with Congress must be driven and handled by political appointees in conjunction with career officials who have the relevant expertise and are willing to work in concert with the President’s political appoin- tees on particularly sensitive matters. Respond Vigorously to the Chinese Threat. The State Department recently opened the Office of China Coordination, or “China House.” This office is intended to bring together experts inside and outside the State Department to coordinate U.S. government relations with China “and advance our vision for an open, inclu- sive international system.”7 Whether China House will streamline U.S. government communication, consensus, and action on China policy—given the presence of other agencies with strong competing or adverse interests—remains to be seen. The unit is dependent on adequate and competent staff being assigned by other bureaus within the State Department. Nonetheless, the concept is one a Republican Administration should support mutatis mutandis. The Chinese Communist Party (CCP) has been “at war” with the U.S. for decades. Now that this reality has been accepted throughout the gov- ernment, the State Department must be prepared to lead the U.S. diplomatic effort accordingly. The centralization of efforts in one place is critical to this end. Review Immigration and Domestic Security Requirements. Arguably, the department’s most noteworthy challenge on the global stage has been its handling — 177 — Department of State of immigration and domestic security issues, which are inextricably related. The State Department’s apparent posture toward these two issues, which are of para- mount importance to the American people, has historically been that they are of lesser importance than other issues and that they can be treated as concessions in broader diplomatic engagements. In other instances in which access to the U.S. in the form of immigrant (permanent) and nonimmigrant (temporary) visas could potentially serve as diplomatic leverage, it is almost never used. To some degree, the State Department and many of its personnel appear to view the U.S. immigra- tion system less as a tool for strengthening the United States and more as a global welfare program. To ensure the safety, security, and prosperity of all Americans, this must change. Below are several key areas in which the department’s formal and informal postures must adjust to reflect the current immigration and domestic security environment: l Visa reciprocity. The United States should strictly enforce the doctrine of reciprocity when issuing visas to all foreign nationals. For too long, the U.S. has provided virtually unfettered access to foreign nationals from countries that do not respond in kind—including countries that are actively hostile to U.S. interests and nationals. Mandatory reciprocity will convey the necessary reality that other countries do not have an unfettered right to U.S. access and must reciprocally offer favorable visa-based access to U.S. nationals. The State Department’s reaction time to other countries’ changes in visa policies with respect to the U.S. must be streamlined to ensure it can be updated in real time. l Section 243(d) visa sanctions. Visa sanctions under section 243(d) of the Immigration and Nationality Act (INA),8 enacted into law to motivate countries to accept the return of any nationals who have been ordered removed from the U.S., should be quickly and fully enforced. Recalcitrant countries that do not accept receipt of their returned nationals will risk the suspension of issuance of all immigrant visas, all nonimmigrant visas, or all visas. These country-specific sanctions should remain in place until the sanctioned country accepts the return of all its removal-pending nationals and formally commits to future, regular acceptance of its nationals. Black- letter implementation of this law will demonstrate a heretofore lacking seriousness to the international community that other nations must respect U.S. immigration laws and work with federal authorities to accept returning nationals—or lose access to the United States. l Rightsizing refugee admissions. The Biden Administration has engineered what is nothing short of a collapse of U.S. border security and

— 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