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Authority over the Entities Subject to the Directive. The DOT is an executive department. 238In regard to executive departments, it is presumed that the President is constrained only by therequirement that he “not direct any act beyond the bounds of an administrator’s legalauthority.” 239 Similarly, the President has substantial authority over the FRA and the FAA. Thehead of the FRA is the Administrator, who is appointed by the President, by and with the adviceand consent of the Senate. Further, the Administrator reports directly to the Secretary. 240Likewise, the Administrator of the FAA is appointed by the President, by and with the adviceand consent of the Senate, and also reports directly to the Secretary. 241In terms of this proposal, it essentially directs the agencies to provide a report or information ona potential plan of action. This falls within the procedural supervisory authority overadministrative officers as discussed in Chapter I. 242 This enables the President to demandinformation from, and engage in consultation with, agencies and their officers. This applies toall executive agencies across the board and would include, for example, demanding reports onvarious issues, even reports that suggest a preferred policy position. 243Executive Orders. There are only two executive orders published in the Federal Register thatexplicitly name the FRA (E.O. 11382 and 11581); neither is relevant to this proposal. There area number of executive orders that require agencies to examine or review the laws and regulationsthat they are responsible for implementing. Some relate to compliance with statutory programs.For example, E.O. 13078 requires the DOT and other agencies to examine their programs to seeif they can be used to create new work incentives and to remove barriers to work for adults withdisabilities. 244 Others relate to compliance with a general policy as declared by the President.For example, E.O. 13266 directs the DOT and other agencies to review and evaluate the policies,programs, and regulations of their respective departments and offices that in any way relate tothe personal fitness of the general public. Based on that review, the Secretaries and the Directorshall determine whether existing policies, programs, and regulations of their respectivedepartments and offices should be modified or whether new policies or programs could beimplemented. 245238 5 U.S.C. § 101.239 Shane, supra at 609; see also, Boundaries Report, Chapter VI (It is said that executive agency heads serve “at thepleasure of the President” and, therefore, are under greater pressure to conform to the President’s policy goals.Endnote omitted.).240 49 U.S.C. § 103(b).241 Id. at § 106(b).242 See Boundaries Report, Chapter 6 (especially sections 1 and 4); see also, U.S. Const. Art. II, sect. 2.243 Kagan, supra at 23-24.244 See also, e.g., Exec. Order No. 12320 (a review by every Executive agency of its programs to determine theextent to which historically Black colleges and universities are given an equal opportunity to participate in Federallysponsored programs); Exec. Order No.12953 (specified agencies shall conduct a full review of current policies andpractices to comport with child support act).245 See also, e.g., Exec. Order No. 13185 (executive branch departments or agencies that support research atuniversities to regularly review its existing policies and procedures to ensure that they meet the spirit and intent ofthe guiding and operating principles stated in the National Science and Technology Council report); Exec. Order No.12606 (Executive departments and agencies shall identify proposed regulatory and statutory provisions that mayhave significant potential negative impact on the family well-being); Exec. Order No. 13045 (all agencies shallensure that policies, programs, activities, and standards address disproportionate risks to children that result fromenvironmental health risks or safety risks).CEES 59 | P age
Conclusion. This proposal is consistent with the mission of the FRA and the DOT. As railsystems would connect up with airports, the FAA also has a role. The President has the authorityto direct the agencies to investigate and report on this proposal. In terms of convention, apresidential memorandum should be considered as an alternative to an executive order. 246Good candidate to implement by executive order. Improvements suggested.246 Boundaries Report, Chapter II.CEES 60 | P age
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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
Page 18 and 19: 42, Chapter 77, Subchapter III expl
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
Page 70 and 71: Direct the DOT to reconvene the Cli
Page 72 and 73: Direct NASA to restore earth scienc
Page 74 and 75: Direct the Council on Environmental
Page 76 and 77: C. Improve Federal StewardshipDirec
Page 78 and 79: 3. Background.OMB performs legislat
Page 80 and 81: There are numerous executive orders
Page 82 and 83: Federal Energy Management Executive
Page 84 and 85: 1973; (3) E.O. 12845, Requiring Age
Page 86 and 87: This proposal is consistent with an
Page 88 and 89: 4. GHG reduction goals to transport
Page 90 and 91: President, but the President “may
Page 92 and 93: Declare that it is the responsibili
Page 94 and 95: 1. Statutory provisions that establ
Page 96 and 97: whenever feasible; and disposal or
Page 98 and 99: species is listed as a threatened s
Page 100 and 101: Determination of priorities which a
Page 102 and 103: 3.2 Declaring that it is the respon
Page 104 and 105: Management, (June 3, 1999) includes
Page 106 and 107: economic, and other requirements of
Page 108 and 109: environment.” Based on the polici
Page 110 and 111: D. Protect American Taxpayers from
Page 112 and 113: special committees but are expressl
Page 114 and 115: Direct the federal Climate Change S
Page 116 and 117: 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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PCAP - Presidential Climate Action Project

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