There are numerous executive orders that direct agencies to submit reports or other informationwith, or as part of, their budget submissions to OMB. The following are some examples of theseexecutive orders:E.O. 12780, Federal Agency Recycling and the Council on Federal Recycling andProcurement Policy, October 31, 1991. The Federal Recycling Coordinator shall review andreport annually to the OMB, at the time of agency budget submissions, the actions taken by theagencies to comply with the requirements of this order --to promote cost-effective pollutionprevention and the conservation of natural resources, by reducing waste and recycling theresources.E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention, October 20, 1993. Thecoordinators/executives shall generate an annual report to the OMB, at the time of agency budgetsubmissions, on the actions taken by the agencies to comply with the requirements of this orderdirecting the head of each Executive agency to incorporate waste prevention and recycling in theagency’s daily operations and work to increase and expand markets for recovered materialsthrough greater Federal Government preference and demand for such products.E.O. 13123, Greening the Government Through Efficient Energy Management, June 8,1999. Budget submissions shall include the costs associated with: encouraging the use of,administering, and fulfilling agency responsibilities under Energy-Savings PerformanceContracts, utility energy-efficiency service contracts, and other contractual platforms forachieving conservation goals; implementing life-cycle cost-effective measures; procuring lifecyclecost-effective products; and constructing sustainably designed new buildings, among otherenergy costs.E.O. 13179, Providing Compensation to America’s Nuclear Weapons Workers, December7, 2000. The Secretaries of Labor, Health and Human Services, and Energy shall, as part of theirannual budget submissions, report to the OMB on their activities under the Energy EmployeesOccupational Illness Compensation Program.E.O. 13031, Federal Alternative Fueled Vehicle Leadership, December 13, 1996. As part ofits budget submission to the OMB, each agency shall submit a report on its compliance withsections 303 and 304 of the 1992 Energy Policy Act. 288 The report shall state whether theagency is in compliance with the Act, and substantiate that statement with quantitative data.E.O. 13270, Tribal Colleges and Universities, January 3, 2002. The agency’s performanceindicators and objectives should be clearly reflected in the agency’s annual budget submission tothe OMB. The Order is referring to indicators of the agency’s success in its efforts to increasethe capacity of tribal colleges to compete effectively for any available grants, contracts,cooperative agreements, and any other Federal resources.288 The Energy Policy Act of 1992 generally requires that, of the vehicles acquired by each agency for its fleets,subject to certain conditions specified in section 303(b)(1) of the Act, 25 percent should be alternative fueledvehicles (AFVs) in (FY 1995). AFVs in fiscal year (FY) 1996, 33 percent in FY 1997, 50 percent in FY 1998, and75 percent in FY 1999 and thereafter.CEES 71 | P age
E.O. 13256, President’s Board of Advisors on Historically Black Colleges and Universities,February 12, 2002. The department’s or agency’s annual goal should be clearly reflected in thedepartment’s or agency’s annual budget submission to the OMB. The Order is referring to thegoals for how the department or agency intends to increase the capacity of historically blackcolleges and universities to compete effectively for grants, contracts, or cooperative agreements.There are numerous executive orders that explain, clarify, or describe the cost accountingprinciples that should be applied in submissions to OMB. For example, E.O. 13148, Greeningthe Government Through Leadership in Environmental Management, December 20, 2001,directs as follows:Sec. 302. Application of Life Cycle Assessment Concepts. Each agencywith facilities shall establish a pilot program to apply life cycle assessmentand environmental cost accounting principles. To the maximum extentfeasible and cost-effective, agencies shall apply those principles elsewherein the agency to meet the goals and requirements of this order. . . . TheEnvironmental Protection Agency (EPA), . . . shall, to the extent feasible,assist agencies in identifying, applying, and developing tools that reflectlife cycle assessment and environmental cost accounting principles andprovide technical assistance to agencies in developing life cycleassessments and environmental cost accounting assessments under thisPart.See also, E.O. 13101, Greening the Government Through Waste Prevention, Recycling, andFederal Acquisition (September 14, 1998).Conclusion. Pursuant to the Budget Act, the President has broad discretion over the informationagencies must provide to the OMB with their budget submissions, accompanying it or includedwithin. Executive orders have been used to require submissions by agencies of a wide variety ofinformation. OMB Circular A-19 requires agencies to submit “information required by statute orby Administration policies,” 289 with their reports or legislative proposals to Congress. Given thebroad discretion the President has over the budget process and review of communications toCongress, and based on past practice, the President has a basis for requiring the climate impactstatements from agencies with their budget submissions and with legislative proposals andreports to Congress.Given his position as Chief Executive, and supported by the U.S. policy of transparency ingovernment declared by Congress in the federal open meetings law, the President has theauthority to require agencies to provide carbon impact statements in their reports to “theAmerican people.”Good candidate to implement by executive order (3 parts).289 OMB Circular No. A-19, supra at 7(f)(1)(g).CEES 72 | 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
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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- 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
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- Page 108 and 109: environment.” Based on the polici
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- Page 112 and 113: special committees but are expressl
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- Page 118 and 119: E. Mobilize the MarketplaceDirect t
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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