Direct NASA to restore earth science language in the agency’s mission statement andpriorities.B-132. Restore the government’s earth sciences mission.In February 2006, top officials at NASA changed the agency’s mission statement to remove apassage that stated NASA should not only “explore the universe and search for life,” but also“understand and protect our home planet.” The next President should restore the deletedpassage and what it symbolizes: the federal government’s commitment to better understand theEarth’s ecosystems, how to protect them and how they now are changing. <strong>PCAP</strong> Report 11:3.Background. See excerpt from <strong>PCAP</strong> Report above.Statutes. The President determines whether a space or aeronautical activity is military or not—non-military activities fall under NASA’s mandate. 254 Congress has established, by statute, thepossible objectives for NASA:(d) Objectives of aeronautical and space activitiesThe aeronautical and space activities of the United States shall beconducted so as to contribute materially to one or more of the followingobjectives:(1) The expansion of human knowledge of the Earth and of phenomena inthe atmosphere and space;(2) The improvement of the usefulness, performance, speed, safety, andefficiency of aeronautical and space vehicles;(3) The development and operation of vehicles capable of carryinginstruments, equipment, supplies, and living organisms through space;(4) The establishment of long-range studies of the potential benefits to begained from, the opportunities for, and the problems involved in theutilization of aeronautical and space activities for peaceful and scientificpurposes;...[Objectives 5-9 Omitted] 255254 42 U.S.C. § 2451(b).255 Id. at § 2451 (d) (emphasis added).CEES 63 | P age
As explained in the next subsection, the Administrator of NASA explicitly operates under thesupervision and direction of the President. 256 There is also a National Space Council. It isestablished by the President, reports to the President, supports the President in setting policy, islocated in the EOP and is chaired by the Vice President. 257 Through this statutory arrangementthe President has the authority to set NASA’s priorities and objectives.Authority over the Agency. NASA is neither an executive department nor an independentagency. However, NASA is headed by an Administrator who is appointed from civilian life bythe President by and with the advice and consent of the Senate. 258 “Under the supervision anddirection of the President, the Administrator shall be responsible for the exercise of all powersand the discharge of all duties of the Administration, and shall have authority and control over allpersonnel and activities thereof.” 259 Based on this language, the President has extensiveauthority over NASA. 260 In terms of this specific proposal, the President has the authority toestablish the agency’s objectives, including the mission statement. According to NASA’s 2006strategic plan, NASA’s objectives were redefined as a result of direction from the White House,i.e. a document entitled, “A Renewed Spirit of Discovery” issued by the White House in 2004. 261Executive Orders. Pursuant to 43 U.S.C. § 4271, the President is to establish, and determine thecomposition and functions of a National Space Council in the EOP. On April 20, 1989,President George H. Bush issued E.O. 12675, establishing the National Space Council.According to this order, “[t]he Chairman shall serve as the President’s principal advisor onnational space policy and strategy,” “shall report to the President on the activities andrecommendations of the Council,” and “shall advise the Council as appropriate regarding thePresident’s directions with respect to the Council’s activities and national space policygenerally.” This is consistent with the President’s extensive authority over NASA.Conclusion. Based on the statutory arrangement regarding NASA, the President has authority toestablish the objectives and priorities for the agency. By statute, one of the permitted objectivesis “the expansion of human knowledge of the Earth and of phenomena in the atmosphere. . . .” 262Thus, the President has the authority to direct NASA to amend its mission statement ascontemplated by this proposal.Good candidate to implement by executive order.256 42 U.S.C. § 2472(a).257 Id. at § 2471(a), (b); Exec. Order No. 12675 (April 20, 1989).258 See Boundaries Report, Chapter VI (especially section 2, President’s Removal Power).259 42 U.S.C. § 2471(a) (emphasis added).260 Boundaries Report, Chapter VI(1)(c).261 NASA’s 2006 Strategic Plan, available athttp://www1.nasa.gov/pdf/142302main_2006_NASA_Strategic_Plan.pdf. The White House report, available athttp://www.whitehouse.gov/space/renewed_spirit.html.262 42 U.S.C. § 2451 (d)(1).CEES 64 | 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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Direct the Council on Environmental
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methods, and data related to sustai
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F. Build Public-Private Partnership
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printed in the Federal Register and
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that officer or employee. Advisory
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A-06A-07B-01B-02B-03B-04B-05B-06B-0
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C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
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Appendix AStatutes with Specific Te
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(C) assess the potential for the de
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15 U.S.C.A. § 657hTitle 15. Commer
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(5) Climate fluctuation and change
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(4) global data collection, and mon
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15 U.S.C.A. § 2932§ 2932. Committ
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implementation of any Federal actio
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(2) Projects eligible for funding u
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emissions associated with each type
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22 U.S.C.A. § 7902§ 7902. Reducti
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(c) Performance reviews and reports
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(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