PCAP - Presidential Climate Action Project

More documents

Recommendations

Info

The CCSP is an executive branch agency, but aspects of the CCSP’s functions involveimplementing research under the United States Global Research Act of 1990. (See footnotes 3and 4.). The CCSP, inasmuch as it is the implementing agency for the CCRI, is completelyunder presidential control. See Proposal D-1 for details. The President’s control over thestatutory functions of the CCSP is more limited, although the USGCRA grants considerablediscretionary authority to the President, as noted above.The NSF, as noted above, is an independent agency, although its officials are appointed by thePresident subject to Senate confirmation. The President also has authority to direct the NSF tosupport research in the public interest.Executive Orders. Forty five executive orders mention the Federal Emergency ManagementAgency—none are directly on point concerning the <strong>PCAP</strong> recommendation. There appear to beno executive orders relating directly to either the CCSP or the CCRI. Sixty-six executive ordersmention the National Science Foundation. One of these orders, dating from 1954,“Administration of Scientific Research by Agencies of the Federal Government,” is relevant; it issummarized in Proposal D-1. The action in that executive order is consistent with the authoritycurrently given to the President by section 1862 to direct studies in the public interest, although itshould be noted that the Order is so dated that it can serve only as an example of the type ofaction authorized, as there appears to have been no contemporaneous equivalent to the currentsection 1862. The NSF is frequently directed to coordinate with other agencies, for example todevelop a national system of Marine Protected Areas 420 and to participate in the InteragencyCouncil on Biobased Products and Bioenergy. 421 These executive orders seem to be generallyconsistent with the President’s authority to direct NSF to support research efforts in the publicinterest.Conclusion. The <strong>PCAP</strong> recommendation is within the President’s authority, because the CCSPis an executive agency created by the President and clearly under presidential authority.Alternatively, the President may order CCSP to conduct the projection of liability pursuant to theUSGCRA, because implementation of USGCRA research is explicitly delegated by Congress tothe President, and because the objectives of the USGCRA include producing research onmitigating and adapting to climate change. 422 The President also has clear and explicit statutoryauthority to direct the National Science Foundation to support studies in the public interest, 423making the NSF a good choice for sponsoring the liability projection. The President is within hisauthority to direct FEMA to take steps to mitigate budget impacts on the FFIP. FEMA isauthorized by statute to “establish and carry out” the program, the objective of which is to create“reasonable method of sharing risk of flood losses” (see footnotes 5 and 6). Further, FEMA is420 Exec. Order No. 13,158, 65 Fed. Reg. 34909 (May 26, 2000). Marine Protected Areas.421 Exec. Order No. 13,134, 64 Fed. Reg. 44639 (August 12, 1999). Developing and Promoting Biobased Productsand Bioenergy.422 See 15 U.S.C. § 2933 (“The President shall establish an interagency United States Global Change ResearchProgram to improve understanding of global change. The Program shall be implemented by the Plan developedunder section 2934 of this title”), § 2934(d) (“The Plan shall provide recommendations for collaboration within theFederal Government and among nations to . . . combine and interpret data from various sources to produceinformation readily usable by policymakers attempting to formulate effective strategies for preventing, mitigating,and adapting to the effects of global change”).423 42 U.S.C. § 1862(c).CEES 107 | P age
equired to establish an advisory committee to make recommendations as to issues inadministering the program (see footnote 7). The implication is that FEMA has the authority totake action to mitigate risk. The President has broad authority over the budget process whichincludes informational requests from agencies (see Proposal C-1). Further FEMA is an agencywithin DHS, which is an “executive department” within the meaning of Title V; thus, thePresident has the authority to direct FEMA to take the recommended action.Good candidate to implement by executive order.CEES 108 | P age
Page 1 and 2:
THE BOUNDARIES OF EXECUTIVE AUTHORI
Page 4 and 5:
This page left intentionally blank.
Page 6 and 7:
Proposal IndexPage NumberA Establis
Page 8 and 9:
D-01 Direct the federal Climate Cha
Page 10:
I. IntroductionThis report is a fol
Page 16 and 17:
• The President shall not substit
Page 18 and 19:
42, Chapter 77, Subchapter III expl
Page 20 and 21:
In addition, it delegates to the Pr
Page 22 and 23:
C. Presidential ProclamationsThere
Page 24 and 25:
2. The developed country Parties an
Page 26 and 27:
A. Establish National Energy and Ca
Page 28 and 29:
the Nation, paying particular atten
Page 30 and 31:
The President should establish the
Page 32 and 33:
The President should establish the
Page 34 and 35:
This proposal is framed in terms of
Page 36 and 37:
partnership is working to reduce me
Page 38 and 39:
Good candidate to implement by exec
Page 40 and 41:
Executive Orders. There are 30 exec
Page 42 and 43:
Congress annually a comprehensive r
Page 44 and 45:
The Rural Utilities Services (RUS)
Page 46 and 47:
through the energy policy, has some
Page 48 and 49:
Direct the EPA to work with the Chi
Page 50 and 51:
private members: E.O. 12216, the Pr
Page 52 and 53:
next 20 years.” 181 From the publ
Page 54 and 55:
Direct the EPA to immediately begin
Page 56 and 57:
scientific judgment.” 199 Further
Page 58 and 59:
Direct the EPA to immediately grant
Page 60 and 61:
of climate change in California are
Page 62 and 63:
Direct the EPA and DOE to collabora
Page 64 and 65:
The ATA is a private entity, and as
Page 66 and 67: and Bioenergy, establishes an inter
Page 68 and 69: Authority over the Entities Subject
Page 70 and 71: Direct the DOT to reconvene the Cli
Page 72 and 73: Direct NASA to restore earth scienc
Page 74 and 75: Direct the Council on Environmental
Page 76 and 77: C. Improve Federal StewardshipDirec
Page 78 and 79: 3. Background.OMB performs legislat
Page 80 and 81: There are numerous executive orders
Page 82 and 83: Federal Energy Management Executive
Page 84 and 85: 1973; (3) E.O. 12845, Requiring Age
Page 86 and 87: This proposal is consistent with an
Page 88 and 89: 4. GHG reduction goals to transport
Page 90 and 91: President, but the President “may
Page 92 and 93: Declare that it is the responsibili
Page 94 and 95: 1. Statutory provisions that establ
Page 96 and 97: whenever feasible; and disposal or
Page 98 and 99: species is listed as a threatened s
Page 100 and 101: Determination of priorities which a
Page 102 and 103: 3.2 Declaring that it is the respon
Page 104 and 105: Management, (June 3, 1999) includes
Page 106 and 107: economic, and other requirements of
Page 108 and 109: environment.” Based on the polici
Page 110 and 111: D. Protect American Taxpayers from
Page 112 and 113: special committees but are expressl
Page 114 and 115: Direct the federal Climate Change S
Page 118 and 119: E. Mobilize the MarketplaceDirect t
Page 120 and 121: pollutants. Further, courts give gr
Page 122 and 123: Direct the Council on Environmental
Page 124 and 125: methods, and data related to sustai
Page 126 and 127: F. Build Public-Private Partnership
Page 128 and 129: printed in the Federal Register and
Page 130 and 131: that officer or employee. Advisory
Page 132 and 133: A-06A-07B-01B-02B-03B-04B-05B-06B-0
Page 134 and 135: C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
Page 136 and 137: Appendix AStatutes with Specific Te
Page 138 and 139: (C) assess the potential for the de
Page 140 and 141: 15 U.S.C.A. § 657hTitle 15. Commer
Page 142 and 143: (5) Climate fluctuation and change
Page 144 and 145: (4) global data collection, and mon
Page 146 and 147: 15 U.S.C.A. § 2932§ 2932. Committ
Page 148 and 149: implementation of any Federal actio
Page 150 and 151: (2) Projects eligible for funding u
Page 152 and 153: emissions associated with each type
Page 154 and 155: 22 U.S.C.A. § 7902§ 7902. Reducti
Page 156 and 157: (c) Performance reviews and reports
Page 158 and 159: (3) Priority for integrated gasific
Page 160 and 161: [It is the purpose of this chapter
Page 162 and 163: (i) that no low greenhouse gas emit
Page 164 and 165: (3) prepare and transmit to the Con
Page 166 and 167:
42 U.S.C.A. § 13384§ 13384. Asses
Page 168 and 169:
(i) Selection of projects(3) In sel
Page 170 and 171:
(1) In generalThe Secretary, in con
Page 172 and 173:
(b) GoalsThe program shall have the
Page 174 and 175:
Subchapter II. Energy Security thro
Page 176 and 177:
Subchapter IV. Energy Savings in Go
Page 178 and 179:
(B) to reduce emissions of covered
Page 180 and 181:
§ 17334. Actions by overseas priva
Page 182 and 183:
(5) be committed to minimizing admi
Page 184 and 185:
Appendix BProclamations that Addres
Page 186 and 187:
8) Proc. 7150, Nov. 20, 1998, World
show all

PCAP - Presidential Climate Action Project

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?