PCAP - Presidential Climate Action Project

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D. Protect American Taxpayers from LiabilitiesDirect the federal Climate Change Science Program and/or the National ScienceFoundation to project future taxpayer exposure under the Federal Crop InsuranceProgram based on projected impacts of climate change on U.S. agriculture. D-1Anticipate and manage the budget impacts of climate change on the Federal Crop InsuranceProgram . . . The President should direct USDA to: Estimate future exposure levels for the FCIPbased on assessments of the Climate Change Science Program, the Intergovernmental Panel onClimate Change and other highly regarded assessments of climate impacts. Analyze implicationsfor the federal budget, insurance rates and the continued availability of insurance. Assess andprioritize climate adaptation measures based on their potential to reduce insured crop losses.PCAP Report 5:8.Background. The Department of Agriculture (“USDA”) administers the Federal Crop InsuranceProgram (“FCIP”). 368 The purpose of the program is to “improve the economic stability ofagriculture through a sound system of crop insurance and provide the means for the research andexperience helpful in devising and establishing such insurance.” 369The Interagency Climate Change Science Program (“CCSP”) is an executive branch committeethat serves the dual function of integrating research pursuant to the United States GlobalResearch Act of 1990 (“Act”) 370 and research conducted under President Bush’s Climate ChangeResearch Initiative (“CCRI”). 371The National Science Foundation (“NSF”) is an independent agency that provides funding andgrants for all fields of science and engineering with the exception of medical research. 372Statutes. The USDA administers the FCIP pursuant to the Crop Insurance Act, 373 which createswithin the USDA the Federal Crop Insurance Corporation. 374 The purpose of the program is to368 See “Crop Insurance Act” (7 U.S.C. § 1501 et seq.).369 7 U.S.C. § 1502.370 See 15 U.S.C. § 2933 et seq. (§ 2921 of the Act creates the “Committee on Earth and Environmental Sciences” asan executive branch committee tasked with implementing research under the Act. The transfer of these functions tothe CCSP was implicitly recognized by the General Accounting Office in a 2005 report. See GAO-05-338R“Climate Change Assessment,” page 2 (“CCSP is now responsible for producing and submitting the climatechange assessment”). The court in Center for Biological Diversity v. Brennan also recognized this aspect of theCCSP’s functions. See Slip Copy 2007 WL 2408901 (N.D. Cal. 2007).371 According to a CCSP fact sheet, the CCSP resulted from cabinet reorganization in 2002 intended to “improve thegovernment wide management of climate science and climate-related technology development.” See Fact SheetCCSP-1 available at http://www.climatescience.gov/infosheets/factsheet1/CCSP-1-Overview14jan2006.pdf.372 See NSF website (www.nsf.gov/about/), last visited June 25, 2008. See also 42 U.S.C. § 1861 et seq.373 7 U.S.C. § 1501 et seq.374 Id. at. § 1503.CEES 101 | P age
“improve[e] the economic stability of agriculture through a sound system of crop insurance andprovid[e] the means for the research and experience helpful in devising and establishing suchinsurance.” 375 Although the USDA is authorized by statute to sponsor research toward “devisingand establishing” crop insurance, authority for the USDA to conduct ongoing research is notexplicitly authorized, meaning that although the USDA administers the program, it may not bethe ideal agency to conduct or sponsor research on it.The United States Global Research Act of 1990 376 creates the statutory functions of the CCSP(see footnote 3). Research under the Act is to be conducted in accordance with the U.S. GlobalChange Research Plan (“Plan”) which should lay out the goals and priorities of the U.S. GlobalChange Program (“Program”) for a 10-year period beginning the year the Plan is issued. 377 ThePlan represents the implementation of the Act’s interagency research. 378 The development andimplementation of the Program and the Plan is explicitly delegated to the President by section2933 of the Act, but the President is directed to act through the Federal Coordinating Council onScience, Engineering, and Technology (“Council”) which is in turn directed to develop andimplement the Plan through the Committee on Earth and Environmental Sciences(“Committee”). 379 This management structure effectively makes the Committee the agency mostdirectly responsible for implementing research under the Act, because although the Chairman ofthe Council is responsible for developing the Plan, the Chairman is explicitly directed to actthrough the Committee. 380 The CCSP has subsumed the statutory functions of the Committee(see footnote 3).The NSF is created and authorized by Chapter 16 of Title 42 381 expressly as an independentagency. 382 The NSF does not directly carry out scientific research. 383 Its purpose is to providegrants and funding for research. 384 The NSF consists of the National Science Board (“NSB”)and the Director of the NSF, who is a member of the NSB. 385 Appointment of the Director ismade by the President “with the advice and consent of the Senate” with the stipulation that thePresident, before making an appointment, is required to give the NSB an opportunity to makerecommendations on the appointment. 386 The term of the Director is six years “unless soonerremoved by the President.” 387 Members of the National Science Board also serve terms of sixyears and, with the exception of the Director, may not serve more than two consecutive terms. 388Personnel holding positions within executive branch agencies are authorized to serve on NSF375 7 U.S.C. § 1502.376 15 U.S.C. § 2933 et seq.377 Id. at §§ 2933–2934.378 See Id. at § 2934.379 See Id. at § 2921; §§ 2932–2934.380 See Id. at § 2934(a).381 42 U.S.C. § 1861 et seq.382 Id. at § 1861: “There is established in the executive branch of the Government an independent agency to beknown as the National Science Foundation . . . .”383 See Id. at § 1862.384 Id. at § 1862(1).385 Id. at § 1861: “The Foundation shall consist of a National Science Board . . . and a Director.”386 See Id. at. §§ 1863-65.387 Id. at § 1864(a).388 Id. at. § 1863(d).CEES 102 | 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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The President should establish the
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The President should establish the
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This proposal is framed in terms of
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partnership is working to reduce me
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Good candidate to implement by exec
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Executive Orders. There are 30 exec
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Congress annually a comprehensive r
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The Rural Utilities Services (RUS)
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through the energy policy, has some
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Direct the EPA to work with the Chi
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private members: E.O. 12216, the Pr
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next 20 years.” 181 From the publ
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Direct the EPA to immediately begin
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scientific judgment.” 199 Further
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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 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 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
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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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