The Conflict Between Federal Acquisition Reform and Executive Order 12,969 (Federal Acquisition and Community Right-To-Know): What's Best for the Environment or What's Best for Politics?
Abstract
This paper examined the history and development of Federal acquisition reform, which culminated in the Federal Acquisition Streamlining Act of 1994 and the Federal Acquisition Reform Act of 1996, and the Clinton Administration's alleged commitment to continued reform. It next set forth the sources of presidential authority to issue executive orders-the Constitution; congressional delegation by statute and collateral expressions of congressional intent, and custom. It reviewed the relevant Supreme Court cases which have shaped this presidential power. The paper illustrated the direct conflicts between the certification, solicitation, and contract clause requirements of Executive Order 12,969 and the solid principles of acquisition reform and the separation of powers doctrine. Finally, the paper set forth the conclusion that Executive Order 12,969 was redundant and unnecessary to effect compliance with toxic release reporting requirements in light of the provisions of EPCRKA itself and the wide array of enforcement options already available to Federal agencies. An issue reserved for another paper is the president delegating to EPA the power to set procedures for statutorily authorized cabinet agencies. Congress must be ever-vigilant to guard against encroachment by the Executive branch into the legislative realm. Executive Order 12,969 represents such an encroachment. True commitment and support of acquisition reform from the Administration, not political support that changes with the wind, is most important. Allowing Congress to make laws with respect to the environment and Federal acquisition without micromanagement from the Administration is best for the environment.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 24, 1997
- Accession Number
- ADA320674
Entities
People
- Ursula P. Moul
Organizations
- Air Force Institute of Technology