PCAP - Presidential Climate Action Project

implementing energy plans and programs, including those that develop and deploy energytechnologies. 218The DOE administers the Office of FreedomCAR and Vehicle Technologies which funded thestudy by ORNL that assessed the fuel efficiency advantages of new generation single wide-basedtires compared to conventional tandem tires. The mission of the Vehicle Technologies Program,as self reported, is to strengthen energy security, environmental quality, and economic vitalitythrough public-private partnerships. Program professionals work with industry leaders todevelop and deploy advanced transportation technologies with the goal of improving vehicle fuelefficiency and displacing oil with other fuels. The Program supports and works through the 21 stCentury Truck Partnership. Thus, this proposal falls within the mission of the EPA and DOE.Depending on the role of the ATA, there may be requirements pursuant to the Federal AdvisoryCommittee Act (FACA), 219 but nothing that would prohibit the action contemplated by thisproposal. For example, if the intent is to obtain information or viewpoints from individuals, asopposed to advice, opinions or recommendations from the group acting in a collective mode,FACA would not apply. In addition, the regularity of meetings is considered. The more static thegroup composition, the more likely FACA’s applicability will arise. If FACA applies, meetingsmust be announced and open to the public and various documents must be made available to thepublic (in addition to a number of administrative and reporting requirements). 220Authority over the Entities Subject to the Directive. The EPA is neither an executivedepartment nor an independent agency. In terms of the President’s authority over agencies,generally, the President’s authority over the EPA would be much the same as an executivedepartment. 221 The DOE is an executive department. 222 In regard to executive departments, it ispresumed that the President is constrained only by the requirement that he “not direct any actbeyond the bounds of an administrator’s legal authority.” 223This proposal essentially directs the agencies to provide a report or information on a potentialplan of action. This falls within the procedural supervisory authority over administrative officersas discussed in Chapter I. 224 This enables the President to demand information from, and engagein consultation with, agencies and their officers. This applies to all executive agencies across theboard and would include, for example, demanding reports on various issues, even reports thatsuggest a preferred policy position. 225218 See, e.g., 42 U.S.C. Chapter 84, Department of Energy.219 5 U.S.C. App. 2.220 See Proposal F.221 Boundaries Report, Chapter VI(1)(c).222 5 U.S.C. § 101.223 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.).224 See Boundaries Report, Chapter 6 (especially sections 1 and 4); see also, U.S. Const. Art. II, sect. 2.225 Kagan, supra at 2323-24.CEES 54 | P age