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H.R. 6669 (95th): National Climate Act


The text of the bill below is as of Sep 17, 1978 (Passed Congress).


PUBLIC LAW 95-367—SEPT. 17, 1978                            92 STAT. 601

Public Law 95-367
95th Congress
                                An Act
To establish a compreliensive and coordinated national climate policy and    Sept. 17, 1978_
                     program, and for other purposes.                         [H.R. 6669]
  Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assemhled, That this Act may           National ClimatB
be cited as the "National Climate Program Act".                             Program Act.
                                                                            15 use 2901
SEC. 2. FINDINGS.                                                           note.
   The Congress finds and declares the following:                           15 USC 2901.
         (1) Weather and climate change affect food production, energy
     use, land use, water resources and other factors vital to national
     security and human welfare.
         (2) An ability to anticipate natural and man-induced changes
     in climate would contribute to the soundness of policy decisions in
     the public and private sectors.
         (3) Significant improvements in the ability to forecast climate
     on an intermediate and long-term basis are possible.
         (4) Information regardmg climate is not being fully dissemi-
     nated or used, and Federal efforts have given insufficent attention
      to assessing and applying this information.
         (5) Climate fluctuation and change occur on a global basis, and
     deficiencies exist in the system for monitoring global climate
     changes. International cooperation for the purpose of sharing the
     benefits and costs of a global effort, to understand climate is
     essential.
         (6) The United States lacks a well-defined and coordinated
     program in climate-related research, monitoring, assessment of
      effects, and information utilization.
SEC. 3. PURPOSE.                                                            15 USC 2902.
   It is the purpose of the Congress in this Act to establish a national
climate program that will assist the Nation and the world to under-
stand and respond to natural and man-induced climate processes and
their implications.
SEC. 4. DEFINITIONS.                                                        15 USC 2903.
   As used in this Act, unless the context otherwise requires:
         (1) The term "Office" means the National Climate Program
      Office.
         (2) The term "Program" means the National Climate Program.
         (3) The term "Secretary" means the Secretary of Commerce.
SEC. 5. NATIONAL CLIMATE PROGRAM.                                           15 USC 2904.
   (a) ESTABLISHMENT.—The President shall establish a National Cli-
mate Program in accordance with the provisions, findings and purposes
of this Act.
   (b) DUTIES.—^The President shall—
         (1) promulgate the 5-year plans described in subsection
      (d)(9);
         (2) define the roles in the Program of Federal officers, depart-
     ments, and agencies, including the Departments of Agriculture,
      Commerce, Defense, Energy, Interior, State, and Transportation;
     the Environmental Protection Agency; the National Aeronautics

92 STAT. 602 PUBLIC LAW 95-367—SEPT. 17, 1978 and Space Administration; the Council on Environmental Qual- ity ; the National Science Foundation; and the Office of Science and Technology Policy; and - (3) provide for Program coordination. Establishment. (c) NATIONAL CLIMATE PROGRAM OFFICE.—^The Secretary shall establish within the Department of Commerce a National Climate Program Office not later than 30 days after the date of the enactment Administration. of this Act. The Office shall be the lead entity responsible for adminis- tering the Program. Each Federal officer, employee, department and agencj involved in the Program shall cooperate with the Secretary in carrying out the provisions of this Act. (d) PROGRAM ELEMENTS.—The Program shall include, but not be limited to, the following elements: (1) assessments of the effect of climate on the natural environ- ment, agricultural production, energy supply and demand, land and water resources, transportation, human health and national security. Such assessments shall be conducted to the maximum extent possible by those Federal agencies having national pro- grams in food, fiber, raw materials, energy, transportation, land and water management, and other such responsibilities, in accord- ance with existing laws and regulations. Where appropriate such assessments may include recommendations for action; (2) basic and applied research to improve the understanding of climate processes, natural and man induced, and the social, eco- nomic, and political implications of climate change; (3) methods for improving climate forecasts on a monthly, seasonal, yearly, and longer basis; (4) global data collection, and monitoring and analysis activi- ties to provide reliable, useful and readily available information on a continuing basis; (5) systems for the management and active dissemination of climatological data, information and assessments, including mechanisms for consultation with current and potential users; (6) measures for increasing international cooperation in climate research, monitoring, analysis and data dissemination; (7) mechanisms for intergovernmental climate-relaited studies and services including participation by universities, the private sector and others concerned with applied research and advisory s- services; (8) experimental climate forecast centers. Which shall (A) be responsible for making and routinely updating experimental climate forecasts of a monthly, seasonal, annual, and longer nature, based on a variety of experimental techniques; (B) establish pro- cedures to have forecasts reviewed and their accuracy evaluated; and (C) protect against premature reliance on such experimental forecasts; and Five-year plan, (9) a preliminary 5-year plan, to be submitted to the Congress submittal to for review and comment, not later than 180 days after the enact- Congress. ment of this Act, and a final 5-year plan to be submitted to the Congress not later than 1 year after the enactment of this Act, that shall be revised and extended biennially. Each plan shall establish the goals and priorities for the Program, including the intergov- ernmental program under section 6, over the subsequent 5-year period, and shall contain details regarding (A) the role of Federal agencies in the programs, (B) Federal funding required to enable the Program to achieve such goals, and (C) Program accomplish-
PUBLIC LAW 95-367—SEPT. 17, 1978 92 STAT. 603 ments that must be achieved to ensure that Program goals are met within the time frame established by the plan. (e) ADVISORY COMMITTEE AND INTERAGENCY GROUPS.—(1) The Sec- Establishment. retary shall establish and maintain an advisoiy committee of users and producers of climate data, information and services to advise the Secretary and the Congress on the conduct of the Program. Members of such committee shall not be employed by the Federal Government and may receive compensation at the daily rate for GS-16 of the Gren- eral Schedule for each day engaged in the actual performance of their 3 CFR, 1977 duties for the committee and while so serving away from their homes Comp., p. 142. or regular place of business may be allowed travel expenses, including 5 u s e 5332 note. per diem in lieu of subsistence. (2) The Secretary shall establish and maintain such intei-agency groups as are necessary and appropriate to assist in carrying out responsibilities under this Act. (f) COOPERATION.—(1) The Program shall be conducted so as to encourage cooperation with, and participation in the Program by, other organizations or agencies involved in related activities. For this pur- pose the Secretary shall cooperate and participate with other Federal agencies, and foreign, international, and domestic organizations and agencies involved in international or domestic climate-related programs. (2) The Secretary and the Secretary of State shall cooperate in (A) providing representation at climate-related international meetings and conferences in which the United States participates, and (B) coordi- nating the activities of the Program with the climate programs of other nations and international agencies and organizations, including the World Meteorological Organization, the International Council of Scientific Unions, the L^nited Nations Environmental Program, the United Nations Educational, Scientific, and Cultural Organization, the World Health Organization, and Food and Agriculture Organization. (g) BUDGETING.— (1) Each Federal agency and department partici- Annual pating in the Program, shall prepare and submit to the Office of appropriation Management and Budget, on or before the date of submission of request to 0MB. departmental requests for appropriations to the Office of Management and Budget, an annual request for appropriations for the Program for the subsequent fiscal year. The Office of Management and Budget shall review the request for appropriations as an integrated, coherent, multi- agency request. (2) Section 304 of the Act of October 18,1962 (31 U.S.C. 25) (relat- Horizontal ing to preparation of horizontal budgets for meteorology), is budgets. amended— (A) by inserting "and of the National Climate Program established under the National Climate Program Act" after "meteorology", and (B) by striking out "aspects of the program" and inserting in lieu thereof "aspects of the programs". The amendments made by the preceding sentence shall apply with Effective date. respect to budgets submitted for fiscal years beginning 6 months or 31 u s e 25 note. more after the date of the enactment of this Act. SEC. 6. INTERGOVERNMENTAL CLIMATE PROGRAMS. 15 u s e 2905. (a) ESTABLISHMENT.—The Secretary shall establish a progi'am for Federal and Strte Federal and State cooperative activities in climate studies and advisory cooperative services. The Secretary is authorized to make annual grants to any activities. State or group of States, sudh grants to be made available to public or Grants. private educational institutions, to State agencies and to other persons or institutions qualified to conduct climate-related studies or provide 39-194 O—80—pt. 1 42 : QL3
92 STAT. 604 PUBLIC LAW 95-367—SEPT. 17, 1978 Limitation. climate-related services. Such grants may be made for not more than 50 percent of the costs, in any one year, of the research conducted or Restriction. services provided under the grant. Federal funds received from other sources shall not be used to pay the remaining share of the cost of such research or services. The Secretary shall work with other appropriate mission agencies in conducting this program. (b) DETAIL OF THE INTERGOVERNMENTAL PROGRAM.—^The intergov- ernmental program shall provide, among others, the following State and regional services and functions: (1) studies relating to and analyses of climatic effects on agri- cultural production, water resources, energy needs, and other critical sectors of the economy; (2) atmospheric data collection and monitoring on a statewide and regional basis; (3) advice to regional, State, and local government agencies regarding climate-related issues; (4) information to users within the State regarding climate and climatic effects; and (5) information to the Secretary regarding the needs of persons withm the State for climate-related services, information and data. (c) INTERGOVERNMENTAL PROGRAM REQUIREMENTS.—Prior to mak- ing a grant to any State or group of States under this section, the Secretary shall find that— (1) the State, or each of the States in a group, has adopted a State climate program in accordance with the provisions of this Act and rules and regulations promulgated by the Secretary; and (2) the State, or each of the States in a group has— (A) integrated its climate program with the Program; and (B) established an effective mechanism for consultation and coordination with Federal and local government officials and users within the State. The Secretary ^hall insure that grants made to a State or group of States under this section are made on an equitable basis. 15 use 2906. SEC. 7. ANNUAL REPORT. Report to The Secretary shall prepare and silbmit to the President and the President and authorizing committees of the Congress, not later than January 30 of congressional each year, a report on the activities conducted pursuant to this Act committees. during the preceding fiscal year, including— (a) a summary of the achievements of the Program during the previous fiscal year; (b) an analysis of the progress made toward achieving the goals and objectives of the Program; (c) a copy of the 5-year plan and any changes made in such plan; (d) a summary of the multiagency budget request for the Pro- gram of subsection 5 ( g ) ; and (e) any recommendations for additional legislation which may be required to assist in adhieving the purposes of the Act. 15 u s e 2907. SEC. 8. CONTRACT AND GRANT AUTHORITY; RECORDS AND AUDITS. (a) Functions vested in any Federal officer or agency by this Act or under the Program may be exercised through the facilities and personnel of the agency involved or, to the extent provided or approved in advance in appropriation Acts, by other persons or entities imder contracts or grant arrangements entered into by such officer or agency.
PUBLIC LAW 95-367—SEPT. 17, 1978 92 STAT. 605 ('b)(l) Each pei-son or entity to which Federal funds are made Recordkeeping. available under a contract or grant arrangement as authorized by this Act shall keep such records as the Director of the Office shall prescribe, including records which fully disclose the amount and disposition by such person or entity of such funds, the total cost of the activities for which such funds were so made available, the amount of that portion of such cost supplied from other sources, and such other records as will facilitate an effective audit. (2) The Director of the Office and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of 3 years after the completion of the activities (referred to in paragraph (1)) of any person or entity pursuant to any contract or grant arrangement referred to in subsection (a), have Accessibility to access for the purpose of audit and examination to any books, docu- records. ments, papers, and records of such person or entity which, in the judgment of the Director or the Comptroller General, may be related or pertinent to such contract or grant arrangement. SEC. 9. AUTHORIZATION FOR APPROPRIATIONS. 15 u s e 2908. (a) GENEKAL AUTHORIZATION OF APPROPRIATION.—In addition to any other funds otherwise authorized to be appropriated for the purpose of conducting climate-related programs, there are authorized to be appropriated to the Secretary, for the purpose of carrying out the pro- visions of this Act, not to exceed $50,000,000 for the fiscal year ending September 30, 1979, and not. to exceed $65,000,000 for the fiscal year ending September 30,1980. (b) AUTHORIZATION OF APPROPRIATION FOR GRANTS.—There are authorized to be appropriated to the Secretary sums not to exceed $10,000,000 for the fiscal year ending September 30, 1979, and not to exceed $10,000,000 for the fiscal year ending September 30, 1980, as may be necessary for grants under section 6 of this Act, to remain available until expended. Approved September 17, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-266 (Comm. on Science and Technology) and No. 95-1489 (Comm. of Conference). SENATE REPORT No. 95-740 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: VoL 123 (1977): Sept. 9, considered and passed House. VoL 124 (1978): Apr. 24, considered and passed Senate, amended. Aug. 17, Senate agreed to conference report. Sept. 6, House agreed to conference report.