4. GHG reduction goals to transportation activitiesTransportation activities of the federal government have been the subject matter of a number ofexecutive orders in terms of pollution control, energy conservation and energy efficiencymeasures, for example, E.O. 13150, Federal Workforce Transportation; E.O. 12191, FederalFacility Ridesharing Program; and E. O. 13031, Federal Alternative Fueled Vehicle Leadership,December 13, 1996. E.O. 13149, Greening the Government through Federal Fleet andTransportation Requirements, includes specific goals and targets in this regard (reduce the fleet’sannual petroleum consumption at least 20% by the end of FY 2005, compared to FY 1999 levels;increase average EPA fuel economy rating of passenger cars and light trucks acquired by federalagencies).Some examples of statutory provisions that support this target include:Encouraging the Use of Alternative Fuels, 42 U.S.C. § 6374: “Beginning in the fiscal yearending September 30, 1990, the Secretary shall ensure, with the cooperation of other appropriateagencies and consistent with other Federal law, that the maximum number practicable of thevehicles acquired annually for use by the Federal Government shall be alternative fueledvehicles.”Federal fleet conservation requirements, 42 U.S.C. § 6374e (mandatory reduction in petroleumconsumption): Not later than July 2008, “the Secretary [of Energy] shall issue regulations forFederal fleets subject to section 6374 of this title to require that, beginning in fiscal year 2010,each Federal agency shall reduce petroleum consumption and increase alternative fuelconsumption each year by an amount necessary to . . . meet the following goals . . . not laterthan October 1, 2015, and for each year thereafter, each Federal agency shall achieve at least a20 percent reduction in annual petroleum consumption and a 10 percent increase in annualalternative fuel consumption, as calculated from the fiscal year 2005 baseline.”Energy Policy, Minimum Federal fleet requirements, 42 U.S.C. § 13212: “Except as provided insubparagraph (B), no Federal agency shall acquire a light duty motor vehicle or medium dutypassenger vehicle that is not a low greenhouse gas emitting vehicle. (There are numerousexceptions in subparagraph (B).)Oversight (5-7)5. Enforcement procedures for meeting goalsThe President has broad oversight authority across a wide range of government activitiesthrough, for example, the Budget Act (see Proposal C-1), the Federal Property andAdministrative Procurement Act (see Boundaries Report, Chapter IX and the procurementsection below), NEPA (See Proposal C-4.), etc. Pursuant to this authority, enforcementprocedures and audits are common elements of executive orders. For example, E.O. 13148includes the following:CEES 79 | P age
Sec. 406. Compliance Assurance.(a) In consultation with other agencies, the EPA may conduct such reviewsand inspections as may be necessary to monitor compliance with sections501 and 504 of this order. Each agency is encouraged to cooperate fullywith the efforts of the EPA to ensure compliance with those sections.(b) Whenever the Administrator notifies an agency that it is not incompliance with section 501 or 504 of this order, the agency shall providethe EPA a detailed plan for achieving compliance as promptly aspracticable.(c) The Administrator shall report annually to the President and the publicon agency compliance with the provisions of sections 501 and 504 of thisorder.Other examples of other enforcement/compliance provisions can be found in E.O. 13101(including periodic review of Inspectors General to assess agencies’ implementation of thisorder); and E.O. 13123. These are largely requirements that agencies not in compliance developplans that will correct the deficiency and include closer oversight over the non-compliant agencyby the President or another agency.6. Conduct AuditsSee part 7 above regarding the President’s general authority. Further, for specific elements ofthe management order this may be strengthened by statutory mandates. For example, the ZeroNet Commercial Building Initiative described in part 1 above, provides for audits by theComptroller General to evaluate agency performance under the program. 310Audits and reviews are common provisions in executive orders. The following executive ordersinclude examples of this: E.O. 12902 (provides for energy and water surveys and audits ofFederal facilities); E.O. 13148 (requires each agency to establish a regulatory environmentalcompliance audit program and develop and implement a program to conduct facilityenvironmental compliance audits); and E.O. 13101 (provides for a task force to report to thePresident on agency compliance).7. Submit sufficient budget requestsAs provided by the Federal Budget Act, the President has extensive authority over the federalbudget process and the Office of Management and Budget (OMB), the Director administers theOffice “under the direction of the President. 311 See Proposal C-4 for details. Not only areagencies required to submit budget requests to the President in the form prescribed by the310 42 U.S.C. §17093.311 31 U.S.C. §§ 501, 502(a).CEES 80 | P age
- Page 1 and 2:
THE BOUNDARIES OF EXECUTIVE AUTHORI
- Page 4 and 5:
This page left intentionally blank.
- Page 6 and 7:
Proposal IndexPage NumberA Establis
- Page 8 and 9:
D-01 Direct the federal Climate Cha
- Page 10:
I. IntroductionThis report is a fol
- Page 16 and 17:
• 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 68 and 69: Authority over the Entities Subject
- 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 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
- Page 118 and 119: E. Mobilize the MarketplaceDirect t
- Page 120 and 121: pollutants. Further, courts give gr
- Page 122 and 123: Direct the Council on Environmental
- Page 124 and 125: methods, and data related to sustai
- Page 126 and 127: F. Build Public-Private Partnership
- Page 128 and 129: printed in the Federal Register and
- Page 130 and 131: that officer or employee. Advisory
- Page 132 and 133: A-06A-07B-01B-02B-03B-04B-05B-06B-0
- Page 134 and 135: C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
- Page 136 and 137: Appendix AStatutes with Specific Te
- Page 138 and 139:
(C) assess the potential for the de
- Page 140 and 141:
15 U.S.C.A. § 657hTitle 15. Commer
- Page 142 and 143:
(5) Climate fluctuation and change
- Page 144 and 145:
(4) global data collection, and mon
- Page 146 and 147:
15 U.S.C.A. § 2932§ 2932. Committ
- Page 148 and 149:
implementation of any Federal actio
- Page 150 and 151:
(2) Projects eligible for funding u
- Page 152 and 153:
emissions associated with each type
- Page 154 and 155:
22 U.S.C.A. § 7902§ 7902. Reducti
- Page 156 and 157:
(c) Performance reviews and reports
- Page 158 and 159:
(3) Priority for integrated gasific
- Page 160 and 161:
[It is the purpose of this chapter
- Page 162 and 163:
(i) that no low greenhouse gas emit
- Page 164 and 165:
(3) prepare and transmit to the Con
- Page 166 and 167:
42 U.S.C.A. § 13384§ 13384. Asses
- Page 168 and 169:
(i) Selection of projects(3) In sel
- Page 170 and 171:
(1) In generalThe Secretary, in con
- Page 172 and 173:
(b) GoalsThe program shall have the
- Page 174 and 175:
Subchapter II. Energy Security thro
- Page 176 and 177:
Subchapter IV. Energy Savings in Go
- Page 178 and 179:
(B) to reduce emissions of covered
- Page 180 and 181:
§ 17334. Actions by overseas priva
- Page 182 and 183:
(5) be committed to minimizing admi
- Page 184 and 185:
Appendix BProclamations that Addres
- Page 186 and 187:
8) Proc. 7150, Nov. 20, 1998, World