PCAP - Presidential Climate Action Project

The United States Global Research Act of 1990 406 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. 407 ThePlan represents the implementation of the Act’s interagency research. 408 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”). 409 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. 410 The CCSP has subsumed the statutory functions of the Committee(see footnote 3).The NSF is created and authorized by Chapter 16 of Title 42 411 expressly as an independentagency. 412 See Proposal D-1 for details. The President may direct the NSF to sponsor research:“When so directed by the President, the Foundation is . . . authorized to support, through otherappropriate organizations, applied scientific research and engineering research relevant tonational problems involving the public interest.” 413Authority over the Agency. In 2003, FEMA became a “distinct entity” within the Departmentof Homeland Security (“DHS”). 414 DHS is an executive agency. 415 Although FEMA is now partof DHS, the Secretary of the DHS is prohibited by statute from making significant changes toFEMA’s “authorities, responsibilities, or functions . . . or the capability of the Agency to performthose missions.” 416 The Administrator of FEMA is appointed by the President “with the adviceand consent of the Senate.” 417 “The Administrator is the principal advisor to the President, theHomeland Security Council, and the Secretary for all matters relating to emergency managementin the United States.” 418 “The President may designate the Administrator to serve as a memberof the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters.” 419406 15 U.S.C. § 2933 et seq.407 Id. at §§ 2933–2934.408 See Id. at § 2934.409 See Id. at § 2921; §§ 2932 – 2934.410 See Id. at § 2934(a).411 42 U.S.C. § 1861 et seq.412 Id. at § 1861: “There is established in the executive branch of the Government an independent agency to beknown as the National Science Foundation . . . .”413 Id. at § 1862(c).414 See 6 U.S.C. § 316. See also “Homeland Security Act of 2002,” PL 107-296, 2002 HR 5005 § 503.415 See Id. at § 111. See also 5 U.S.C. § 101.416 See Id. at § 316(c)(1).417 Id. at § 313(c)(1).418 Id. at § 313(c)(4)(A).419 Id. at § 313(c)(5)(A).CEES 106 | P age