PCAP - Presidential Climate Action Project

orders, dating from 1954, “Administration of Scientific Research by Agencies of the FederalGovernment,” directs that the NSF “in concert with each Federal agency concerned, shall reviewthe scientific research programs and activities of the Federal Government in order, among otherpurposes, to formulate methods for strengthening the administration of such programs andactivities by the responsible agencies, and to study areas of basic research where gaps orundesirable overlapping of support may exist, and shall recommend to the heads of agenciesconcerning the support given to basic research.” 394 This action, premised on protecting the“security and welfare of the United States,” is consistent with the authority currently given to thePresident by section 1862 to direct studies in the public interest, although it should be noted thatthe Order is so dated that it can serve only as an example of the type of action authorized, asthere appears to have been no contemporaneous equivalent to the current section 1862. The NSFis frequently directed to coordinate with other agencies, for example to develop a national systemof Marine Protected Areas 395 and to participate in the Interagency Council on Biobased Productsand Bioenergy. 396 These executive orders seem to be generally consistent with the President’sauthority to direct NSF to support research efforts in the public interest.Conclusion. The PCAP recommendation is within the President’s authority, because the CCSPis an executive agency created by the President and clearly under presidential authority.Alternatively, the President may order CCSP to conduct the projection of liability pursuant to theUSGCRA, because implementation of USGCRA research is explicitly delegated by Congress tothe President and because the objectives of the USGCRA include producing research onmitigating and adapting to climate change. 397 The President also has clear and explicit statutoryauthority to direct the National Science Foundation to support studies in the public interest, 398making the NSF a good choice for sponsoring the liability projection.Good candidate to implement by executive order.394 Exec. Order No. 10,521, § 3, 19 FR 1499 (May 17, 1954).395 Exec. Order No. 13,158, 65 FR 34909 (May 26, 2000). Marine Protected Areas.396 Exec. Order No. 13,134, 64 FR 44639 (August 12, 1999). Developing and Promoting Biobased Products andBioenergy.397 See 15 U.S.C. § 2933 (“The President shall establish an interagency United States Global Change ResearchProgram to improve understanding of global change. The Program shall be implemented by the Plan developedunder section 2934 of this title”), § 2934(d) (“The Plan shall provide recommendations for collaboration within theFederal Government and among nations to . . . combine and interpret data from various sources to produceinformation readily usable by policymakers attempting to formulate effective strategies for preventing, mitigating,and adapting to the effects of global change”).398 42 U.S.C. § 1862(c).CEES 104 | P age