PCAP - Presidential Climate Action Project

Congress annually a comprehensive report on the national energy security of the UnitedStates. 138Authority over the Agency. The DOE is an executive department. 139 In regard to executivedepartments, it is presumed that the President is constrained only by the requirement that he “notdirect any act beyond the bounds of an administrator’s legal authority.” 140 In terms of thisproposal, it essentially directs the DOA to provide and maintain information in a particular form.This falls within the procedural supervisory authority over administrative officers as discussed inChapter I. 141 This enables the President to demand information from and engage in consultationwith agencies and their officers. This applies to all executive agencies across the board. 142Executive Orders. Executive orders have been used to direct the establishment of registries, forexample, E.O. 13195, Trails for America in the 21st Century, January 18, 2001 (orders theestablishment of a national trails registry and database “to further the purposes of the NationalTrails Act); E.O. 12806, Establishment of a Fetal Tissue Bank, May 19, 1992 (orders theestablishment of a registry of certain physicians and hospitals). Similarly, executive orders havebeen used to establish clearinghouses, for example, E.O. 13055, Coordination of United StatesGovernment International Exchanges and Training Programs, July 21, 1997; E.O. 12906,Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure,April 11, 1994; and E.O. 12137, The Peace Corps, May 16, 1979.Conclusion. The President has the authority to direct the DOE to develop the registry which is,in essence, an informational request. This falls within the DOE’s mission and within thePresident’s authority. It also furthers the purpose of national policy as established by statute.Executive orders have been used to order the establishment of registries and other repositories ofinformation.Good candidate to implement by executive order.138 42 U.S.C.A. § 17372.139 5 U.S.C. § 101.140 Peter M. Shane, Independent Policymaking and Presidential Power: A Constitutional Analysis, 57 GEO. WASH.L. REV. 596, 609 (1989); See also, Boundaries Report, Chapter VI (It is said that executive agency heads serve “atthe pleasure of the President” and, therefore, are under greater pressure to conform to the President’s policy goals.Endnote omitted.).141 See Boundaries Report, Chapter VI (especially sections 1 and 4); see also, U.S. Const. Art. II, sect. 2.142 Kagan, supra at 2323-24.CEES 33 | P age