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42, Chapter 77, Subchapter III explicitly address GHGs; however, the entire Subchapter (Parts Athrough H) which concerns improving energy efficiency is a GHG reduction strategy. The samecan be said for Chapter 91 of Title 42 concerning national energy conservation policy. Only onespecific provision explicitly refers to GHG emissions but the vast majority of the chapter(composed of seven subchapters) is relevant to climate change policy. There are numerous otherexamples throughout the U.S. Code. The point of highlighting the provisions in Appendix A is toshow that climate change has explicitly been a U.S. policy issue expressed by Congress in theU.S. Code since at least 1978, 33 and over the last three decades has increased in significance as afederal policy concern, evidenced by continued congressional action.Some of these provisions delegate authority specifically to the President, such as 15 U.S.C. §2904 which delegates to the President the authority to establish the National Climate Programdiscussed below, while others designate agency responsibility. For example, 7 U.S.C. § 6701directs the Secretary of Agriculture to establish a Global Climate Change Program within theDepartment of Agriculture. While some of these provisions are aspects of other programs orprojects, 34 some are comprehensive chapters and subchapters devoted to climate change.In terms of setting climate change policy and organizing and managing federal agencies toimplement this policy, the President has substantial authority. The following is a summary ofsome of the more substantial statutory provisions addressing climate change including some keyprovisions in terms of delegations of authority.National Energy PolicyPursuant to 42 U.S.C. § 7321, the President shall prepare and submit to Congress a proposedNational Energy Policy Plan (NEPP) and report beginning in 1979, and biennially thereafter. 35Title 42 The Public Health and Welfare, Chapter 134 Energy Policy, Subchapter VIIGlobal Climate Change. 36This subchapter was enacted as Title XVI of the 1992 Energy Policy Act. It directs theDepartment of Energy (DOE) to undertake a number of activities related to climate changeconsistent with the agency’s mission, such as assessing alternative policy mechanisms foraddressing GHG emissions, developing a national inventory and system for voluntary reportingof GHG emissions, developing an inventory of GHG intensity reducing technologies, developingpolicies to encourage exportation of energy resource technologies to developing countries, andestablishing the Climate Change Technology Advisory Committee and supporting theCommittee.33 The National Climate Program Act was passed on September 17, 1978. Pub. L. No. 95-367, 92 Stat. 601, codifiedat 15 U.S.C. §§ 2901- 2908. Research for this report did not include enactment dates of all the provisions inAppendix A, therefore, it is possible one or more could have been enacted earlier.34 See, e.g., 20 U.S.C. § 5501.35 The Report is reviewed by the appropriate congressional committees and, if deemed necessary, legislation may beproposed which may contain alternatives to, modifications of, or additions to the proposed Plan submitted by thePresident. 42 U.S.C. § 7322.36 Codified at 42 U.S.C. §§ 13381-13389.CEES 9 | P age
The Secretary of Energy was required to submit a report to Congress on Global Climate Change(GCC Report) by Oct 24, 1994. 37 Beginning in 1993, the NEPP prepared by the President shallinclude a least-cost energy strategy (LCES). The LCES is prepared by the Secretary of Energyand shall take into account the GCC Report. 38Title 15 Commerce and Trade, Chapter 56 National Climate Program (NCP), the NationalClimate Program Act of 1978. 39The purpose of this chapter is to establish a national climate program that will assist the nationand the world to understand and respond to natural and man-induced climate processes and theirimplications. It largely addresses better methods for data collection, research and disseminationof information. The first program element is assessment of the effect of climate on the naturalenvironment, agricultural production, energy supply and demand, land and water resources,transportation, human health and national security. Where appropriate, such assessments mayinclude recommendations for action. 40This Act delegates a significant amount of authority directly to the President. The President shallestablish the program, promulgate 5-year plans, define the roles of federal officers and providefor program coordination. 41 The Secretary of Commerce serves as the lead entity foradministering the program. 42The first 5-year plan was submitted to Congress in late 1978 (final September 1979). The planshall be revised and extended at least once every 4 years thereafter. 43 The Secretary ofCommerce shall establish and maintain an Interagency Climate Program Policy board and submitan annual report to Congress regarding activities conducted pursuant to the NCP. 44Title 15 Commerce and Trade, Chapter 56 National Climate Program, Note to § 2901, theGlobal Climate Protection Act of 1987. 45This Act recognizes evidence that links manmade pollution with global warming and theimplications of an increased Earth temperature. It sets U.S. policy to address global warmingand directs the Secretary of State to coordinate U.S. policy in the international arena.37 42 USC § 13381. This reporting requirement was terminated on May 15, 2000. 42 U.S.C. § 7331 Note (Fortermination of reporting provisions of this section, effective May 15, 2000, see Pub. L. No. 104-66, § 3003, asamended, set out as a note under 31 U.S.C.A. § 1113, and the 12th item on page 87 of House Document No. 103-7.).38 42 U.S.C. § 13382(a).39 15 U.S.C. §§ 2901-2908.40 Id. at § 2904(d).41 Id. at § 2904(a),(b).42 Id. at § 2904(c)(2)(A).43 Id. at § 2904(d)(9).44 Id. at. §§ 2904(e), 2906.45 Although this Act is published as a Note to a section of the National Climate Program Act, the provisions includedin the Note have the full force and effect of U.S. federal statutory law. There is no difference, legally, in this Noteand provisions that are published directly into a section of the U.S. Code. Raymond Kaselonis, U.S. Office of LawRevision Council (May 30, 2008).CEES 10 | P age
Page 1 and 2: THE BOUNDARIES OF EXECUTIVE AUTHORI
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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 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
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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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Direct the federal Climate Change S
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The CCSP is an executive branch age
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E. Mobilize the MarketplaceDirect t
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pollutants. Further, courts give gr
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Direct the Council on Environmental
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methods, and data related to sustai
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F. Build Public-Private Partnership
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printed in the Federal Register and
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that officer or employee. Advisory
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A-06A-07B-01B-02B-03B-04B-05B-06B-0
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C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
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Appendix AStatutes with Specific Te
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(C) assess the potential for the de
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15 U.S.C.A. § 657hTitle 15. Commer
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(5) Climate fluctuation and change
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(4) global data collection, and mon
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15 U.S.C.A. § 2932§ 2932. Committ
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implementation of any Federal actio
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(2) Projects eligible for funding u
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emissions associated with each type
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22 U.S.C.A. § 7902§ 7902. Reducti
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(c) Performance reviews and reports
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(3) Priority for integrated gasific
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[It is the purpose of this chapter
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(i) that no low greenhouse gas emit
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(3) prepare and transmit to the Con
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42 U.S.C.A. § 13384§ 13384. Asses
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(i) Selection of projects(3) In sel
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(1) In generalThe Secretary, in con
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(b) GoalsThe program shall have the
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Subchapter II. Energy Security thro
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Subchapter IV. Energy Savings in Go
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(B) to reduce emissions of covered
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§ 17334. Actions by overseas priva
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(5) be committed to minimizing admi
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Appendix BProclamations that Addres
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8) Proc. 7150, Nov. 20, 1998, World
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