Executive Orders. There are 30 executive orders published in the Federal Register thatspecifically name the FTC for inclusion. 128 The earliest is dated August 2, 1938; however, ofthose relevant here (18), the orders are limited to participation in advisory groups, workinggroups, councils, task forces and the like (14) and government operations (e.g., procurement,promoting policies and providing information to other agencies). The former are groups that aretasked to coordinate actions and/or review government operations or policies on specific issues.There are no executive orders that direct the FTC in the substantive work of the agency such asthe proposed action here.Conclusion. The FTC is an independent agency by statutory designation and attribute. Thus,there is little basis for presidential authority in terms of directing the action specified in thisproposal. However, the FTC is currently undertaking a review of this action. It is probably not acoincidence that the final decision on amendments to the Green Guides will not come until afterthe next presidential election. Because of this timing, the FTC will be able to consider the nextadministration’s policy on climate change. The FTC efforts will focus on consumer protection, itdoes not plan to develop environmental standards for carbon offsets and RECs. If the President isnot satisfied with the final action one option is to seek intervention by Congress, i.e. a statutedirecting the FTC to amend the final action or directing additional review by the Commission.Poor candidate to implement by executive order. Alternative action suggested.128 Executive Orders 13402, 13133, 12262, 12124, 12138, 12052, 12022, 11614, 11349, 11136, 10370, 10161, 8839,and 8734 (task forces and the like); 12849, 12260 (procurement policy); 12138 (promote female-owned business);10033 (provide statistical information); 11704, 11642, 11568, 10908, 10544, 10090, 9833, 9830, 98909, 9004, 8082,7942 (other).CEES 31 | P age
Direct DOE to develop a registry of energy technologies that should be given highestpriority in national policy because they reduce vulnerability to terrorist attack on USinfrastructure and energy supplies. Use the registry to support a request to Congressto give priority funding to these technologies.B-3The President should direct the U.S. Department of Energy to develop a registry of energytechnologies that should be given highest priority in national energy policy because they reducevulnerability to terrorist attack. The President should propose to Congress that it give specialconsideration in appropriations to technologies on the registry. <strong>PCAP</strong> Report 4:7.Background. A registry is basically a formal list or record. Thus, this proposal is a request forthe DOE to compile and provide information in a particular form and maintain this information,keeping it up-to-date.Statutes. The DOE is the primary agency for implementing energy plans and programsincluding those that develop and deploy energy technologies. 129 Some examples include:establishing the innovative environmental technology transfer program; 130 chairing theCommittee on <strong>Climate</strong> Change Technology, 131 overseeing nuclear energy research anddevelopment programs, 132 and substantial authority under the Energy Independence and SecurityAct in overseeing research and development into other alternative energy technologies. 133 Thisproposal falls within the mission of the DOE. 134 Further, the DOE is already under statutoryobligations to compile and report on similar or related information, for example, the content ofthe least cost energy strategy, 135 a list of eligible technologies under the innovativeenvironmental technology transfer program; 136 information collected for the biofuels andbiorefinery information center, etc. 137The President has a substantial role in planning energy policy, see e.g., Chapter II, and has acentral role in maintaining national security. This proposal goes to both energy planning andnational security.In addition to the protection of the health and welfare, this proposal furthers the purposes ofstatutes that address energy security issues; for example, the President is required to submit to129 See, e.g., 42 U.S.C. Chapter 84, Department of Energy.130 42 U.S.C. § 13387.131 Id. at § 13389(b).132 Id. at §§ 16271-16277.133 Pub. L. No. 110-140 (Dec. 19, 2007).134 See, 42 U.S.C. § 7112 (purpose of Department).135 Id. at § 13382 (b).136 Id. at. § 13387(h).137 Id. at § 17033.CEES 32 | P age
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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