PCAP - Presidential Climate Action Project

“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