(3) prepare and transmit to the Congress not later than June 1, 1993, and biennially thereafter, a comprehensivereport evaluating the full range of energy and environmental technologies necessary to(D) an evaluation of current programs (and recommendations for future programs) that develop and promote energyefficiency and sustainable use of indigenous renewable energy resources in foreign countries to reduce thegeneration of greenhouse gas.[This provisions mandates that the Secretary of Commerce shall develop a data base and information disseminationsystem that will provide information on the specific energy technology needs of foreign countries and the technicaland economic competitiveness of various renewable energy and energy efficiency products and technologies thatcan meet the energy needs of foreign countries.]42 U.S.C.A. § 13331Title 42. The Public Health and WelfareChapter 134. Energy PolicySubchapter VI. CoalPart A. Research, Development, Demonstration, and Commercial Application§ 13331. Coal research, development, demonstration, and commercial application programs(a) EstablishmentThe Secretary shall, in accordance with section [FN1] 13541 and 13542 of this title, conduct programs for research,development, demonstration, and commercial application on coal-based technologies. Such research, development,demonstration, and commercial application programs shall include the programs established under this part, andshall have the goals and objectives of--(3) achieving the control of sulfur oxides, oxides of nitrogen, air toxics, solid and liquid wastes, greenhouse gas, orother emissions resulting from coal use or conversion at levels of proficiency greater than or equal to applicablecurrently available commercial technology;42 U.S.C.A. § 13381Title 42. The Public Health and WelfareChapter 134. Energy PolicySubchapter VII. Global <strong>Climate</strong> change§ 13381. ReportNot later than 2 years after October 24, 1992, the Secretary shall submit a report to the Congress that includes anassessment of--(1) the feasibility and economic, energy, social, environmental, and competitive implications, including implicationsfor jobs, of stabilizing the generation of greenhouse gas in the United States by the year 2005;(4) the feasibility of reducing the generation of greenhouse gas;(6) the potential economic, energy, social, environmental, and competitive implications, including implications forjobs, of implementing the policies necessary to enable the United States to comply with any obligations under theUnited Nations Framework Convention on <strong>Climate</strong> change or subsequent international agreements.CEES Page | CC
42 U.S.C.A. § 13382§ 13382. Least-cost energy strategy(a) StrategyThe first National Energy Policy Plan (in this subchapter referred to as the “Plan”) under section 7321 of this titleprepared and required to be submitted by the President to Congress after February 1, 1993, and each subsequentsuch Plan, shall include a least-cost energy strategy prepared by the Secretary. In developing the least-cost energystrategy, the Secretary shall take into consideration the economic, energy, social, environmental, and competitivecosts and benefits, including costs and benefits for jobs, of his choices. Such strategy shall also take into account thereport required under section 13381 of this title and relevant Federal, State, and local requirements. Such strategyshall be designed to achieve to the maximum extent practicable and at least-cost to the Nation--(1) the energy production, utilization, and energy conservation priorities of subsection (d) of this section;(2) the stabilization and eventual reduction in the generation of greenhouse gas;(3) an increase in the efficiency of the Nation's total energy use by 30 percent over 1988 levels by the year 2010;(4) an increase in the percentage of energy derived from renewable resources by 75 percent over 1988 levels by theyear 2005; and(5) a reduction in the Nation's oil consumption from the 1990 level of approximately 40 percent of total energy useto 35 percent by the year 2005.d) PrioritiesThe least-cost energy strategy shall identify Federal priorities, including policies that—(1) implement standards for more efficient use of fossil fuels;(2) increase the energy efficiency of existing technologies;(3) encourage technologies, including clean coal technologies, that generate lower levels of greenhouse gases;(4) promote the use of renewable energy resources, including solar, geothermal, sustainable biomass, hydropower,and wind power;(5) affect the development and consumption of energy and energy efficiency resources and electricity through taxpolicy;(6) encourage investment in energy efficient equipment and technologies; and(7) encourage the development of energy technologies, such as advanced nuclear fission and nuclear fusion, thatproduce energy without greenhouse gases as a byproduct, and encourage the deployment of nuclear electricgenerating capacity.42 U.S.C.A. § 13383§ 13383. Director of <strong>Climate</strong> ProtectionWithin 6 months after October 24, 1992, the Secretary shall establish, within the Department of Energy, a Directorof <strong>Climate</strong> Protection (in this section referred to as the “Director”). The Director shall--(1) in the absence of the Secretary, serve as the Secretary's representative for interagency and multilateral policydiscussions of global climate change, including the activities of the Committee on Earth and EnvironmentalSciences as established by the Global change Research Act of 1990 (Public Law 101-606) [15 U.S.C.A. § 2921 etseq.] and the Policy Coordinating Committee Working Group on <strong>Climate</strong> change;(2) monitor, in cooperation with other Federal agencies, domestic and international policies for their effects on thegeneration of greenhouse gases; and(3) have the authority to participate in the planning activities of relevant Department of Energy programs.CEES Page | DD
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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D-01 Direct the federal Climate Cha
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I. IntroductionThis report is a fol
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• The President shall not substit
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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The President should establish the
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The President should establish the
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This proposal is framed in terms of
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partnership is working to reduce me
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Good candidate to implement by exec
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Executive Orders. There are 30 exec
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Congress annually a comprehensive r
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The Rural Utilities Services (RUS)
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through the energy policy, has some
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Direct the EPA to work with the Chi
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private members: E.O. 12216, the Pr
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next 20 years.” 181 From the publ
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Direct the EPA to immediately begin
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scientific judgment.” 199 Further
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Direct the EPA to immediately grant
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of climate change in California are
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Direct the EPA and DOE to collabora
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The ATA is a private entity, and as
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and Bioenergy, establishes an inter
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Authority over the Entities Subject
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Direct the DOT to reconvene the Cli
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Direct NASA to restore earth scienc
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Direct the Council on Environmental
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C. Improve Federal StewardshipDirec
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3. Background.OMB performs legislat
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There are numerous executive orders
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Federal Energy Management Executive
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1973; (3) E.O. 12845, Requiring Age
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This proposal is consistent with an
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4. GHG reduction goals to transport
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President, but the President “may
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Declare that it is the responsibili
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1. Statutory provisions that establ
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whenever feasible; and disposal or
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species is listed as a threatened s
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Determination of priorities which a
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3.2 Declaring that it is the respon
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Management, (June 3, 1999) includes
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economic, and other requirements of
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environment.” Based on the polici
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D. Protect American Taxpayers from
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special committees but are expressl
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