National United States 33 USC CHAPTER 56--NATIONAL CLIMATE PROGRAM From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 24, 2002] [Document not affected by Public Laws enacted between January 24, 2002 and December 19, 2002] [CITE: 15USC2901] TITLE 15--COMMERCE AND TRADE CHAPTER 56--NATIONAL CLIMATE PROGRAM Sec. 2901. Findings The Congress finds and declares the following: (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 regarding climate is not being fully disseminated or used, and Federal efforts have given insufficient 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. (Pub. L. 95-367, Sec. 2, Sept. 17, 1978, 92 Stat. 601.) Short Title Section 1 of Pub. L. 95-367 provided: ``That this Act [enacting this chapter, amending section 25 of former Title 31, Money and Finance, and enacting provisions set out as a note under section 25 of former Title 31] may be cited as the `National Climate Program Act'.'' Global Climate Protection Pub. L. 100-204, title XI, Dec. 22, 1987, 101 Stat. 1407, as amended by Pub. L. 103-199, title VI, Sec. 603(1), Dec. 17, 1993, 107 Stat. 2327, provided that: ``SEC. 1101. SHORT TITLE. ``This title [this note] may be cited as the `Global Climate Protection Act of 1987'. ``SEC. 1102. FINDINGS. ``The Congress finds as follows: ``(1) There exists evidence that manmade pollution--the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the atmosphere--may be producing a long-term and substantial increase in the average temperature on Earth, a phenomenon known as global warming through the greenhouse effect. ``(2) By early in the next century, an increase in Earth temperature could-- ``(A) so alter global weather patterns as to have an effect on existing agricultural production and on the habitability of large portions of the Earth; and ``(B) cause thermal expansion of the oceans and partial melting of the polar ice caps and glaciers, resulting in rising sea levels. ``(3) Important research into the problem of climate change is now being conducted by various United States Government and international agencies, and the continuation and intensification of those efforts will be crucial to the development of an effective United States response. ``(4) While the consequences of the greenhouse effect may not be fully manifest until the next century, ongoing pollution and deforestation may be contributing now to an irreversible process. Necessary actions must be identified and implemented in time to protect the climate. ``(5) The global nature of this problem will require vigorous efforts to achieve international cooperation aimed at minimizing and responding to adverse climate change; such international cooperation will be greatly enhanced by United States leadership. A key step in international cooperation will be the meeting of the Governing Council of the United Nations Environment Program, scheduled for June 1989, which will seek to determine a direction for worldwide efforts to control global climate change. ``(6) Effective United States leadership in the international arena will depend upon a coordinated national policy. ``SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL CLIMATE. ``(a) Goals of United States Policy.--United States policy should seek to-- ``(1) increase worldwide understanding of the greenhouse effect and its environmental and health consequences; ``(2) foster cooperation among nations to develop more extensive and coordinated scientific research efforts with respect to the greenhouse effect; ``(3) identify technologies and activities to limit mankind's adverse effect on the global climate by-- ``(A) slowing the rate of increase of concentrations of greenhouse gases in the atmosphere in the near term; and ``(B) stabilizing or reducing atmospheric concentrations of greenhouse gases over the long term; and ``(4) work toward multilateral agreements. ``(b) Formulation of United States Policy.--The President, through the Environmental Protection Agency, shall be responsible for developing and proposing to Congress a coordinated national policy on global climate change. Such policy formulation shall consider research findings of the Committee on Earth Sciences of the Federal Coordinating Council on Science and Engineering Technology, the National Academy of Sciences, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautic and Space Administration, the Department of Energy, the Environmental Protection Agency, and other organizations engaged in the conduct of scientific research. ``(c) Coordination of United States Policy in the International Arena.--The Secretary of State shall be responsible to coordinate those aspects of United States policy requiring action through the channels of multilateral diplomacy, including the United Nations Environment Program and other international organizations. In the formulation of these elements of United States policy, the Secretary of State shall, under the direction of the President, work jointly with the Administrator of the Environmental Protection Agency and other United States agencies concerned with environmental protection, consistent with applicable Federal law. ``SEC. 1104. REPORT TO CONGRESS. ``Not later than 24 months after the date of enactment of this Act [Dec. 22, 1987], the Secretary of State and the Administrator of the Environmental Protection Agency shall jointly submit to all committees of jurisdiction in the Congress a report which shall include-- ``(1) a summary analysis of current international scientific understanding of the greenhouse effect, including its environmental and health consequences; ``(2) an assessment of United States efforts to gain international cooperation in limiting global climate change; and ``(3) a description of the strategy by which the United States intends to seek further international cooperation to limit global climate change. ``SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLIMATE PROTECTION. ``In order to focus international attention and concern on the problem of global warming, and to foster further work on multilateral treaties aimed at protecting the global climate, the Secretary of State shall undertake all necessary steps to promote, within the United Nations system, the early designation of an International Year of Global Climate Protection. ``SEC. 1106. CLIMATE PROTECTION AND UNITED STATES RELATIONS WITH THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. ``In recognition of the respective leadership roles of the United States and the independent states of the former Soviet Union in the international arena, and of the extent to which they are producers of atmospheric pollutants, the Congress urges that the President accord the problem of climate protection a high priority on the agenda of United States relations with the independent states.'' Sec. 2902. Purpose It is the purpose of the Congress in this chapter to establish a national climate program that will assist the Nation and the world to understand and respond to natural and man-induced climate processes and their implications. (Pub. L. 95-367, Sec. 3, Sept. 17, 1978, 92 Stat. 601.) Sec. 2903. Definitions As used in this chapter, unless the context otherwise requires: (1) The term ``Board'' means the Climate Program Policy Board. (2) The term ``Office'' means the National Climate Program Office. (3) The term ``Program'' means the National Climate Program. (4) The term ``Secretary'' means the Secretary of Commerce. (Pub. L. 95-367, Sec. 4, Sept. 17, 1978, 92 Stat. 601; Pub. L. 99-272, title VI, Sec. 6084(a), Apr. 7, 1986, 100 Stat. 136.) Amendments 1986--Pub. L. 99-272 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Sec. 2903. Definitions As used in this chapter, unless the context otherwise requires: (1) The term ``Board'' means the Climate Program Policy Board. (2) The term ``Office'' means the National Climate Program Office. (3) The term ``Program'' means the National Climate Program. (4) The term ``Secretary'' means the Secretary of Commerce. (Pub. L. 95-367, Sec. 4, Sept. 17, 1978, 92 Stat. 601; Pub. L. 99-272, title VI, Sec. 6084(a), Apr. 7, 1986, 100 Stat. 136.) Amendments 1986--Pub. L. 99-272 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Sec. 2905. Repealed. Pub. L. 99-272, title VI, Sec. 6084(g), Apr. 7, 1986, 100 Stat. 137 Section, Pub. L. 95-367, Sec. 6, Sept. 17, 1978, 92 Stat. 603, related to establishment and requirements of intergovernmental climate programs. Sec. 2906. Annual report The Secretary shall prepare and submit to the President and the authorizing committees of the Congress, not later than March 31 of each year, a report on the activities conducted pursuant to this chapter 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 Program of section 2904(g) of this title; and (e) any recommendations for additional legislation which may be required to assist in achieving the purposes of this chapter. (Pub. L. 95-367, Sec. 7, Sept. 17, 1978, 92 Stat. 604; Pub. L. 97-375, title II, Sec. 202(b), Dec. 21, 1982, 96 Stat. 1822.) Amendments 1982--Pub. L. 97-375 substituted ``March 31'' for ``January 30''. Sec. 2907. Contract and grant authority; records and audits (a) Functions vested in any Federal officer or agency by this chapter 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 under contracts or grant arrangements entered into by such officer or agency. (b)(1) Each person or entity to which Federal funds are made available under a contract or grant arrangement as authorized by this chapter 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) of this section, have access for the purpose of audit and examination to any books, documents, 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. (Pub. L. 95-367, Sec. 8, Sept. 17, 1978, 92 Stat. 604.) Sec. 2908. Authorization of appropriations 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 provisions of this chapter, not to exceed $50,000,000 for the fiscal year ending September 30, 1979, not to exceed $65,000,000 for the fiscal year ending September 30, 1980, and not to exceed $25,500,000 for the fiscal year ending September 30, 1981, of which amount not less than $2,653,000 shall be made directly available to the National Climate Program Office in the form of a budget item separate from the activities of the National Oceanic and Atmospheric Administration. (Pub. L. 95-367, Sec. 9, Sept. 17, 1978, 92 Stat. 605; Pub. L. 96-547, Sec. 1, Dec. 18, 1980, 94 Stat. 3217.) Amendments 1980--Pub. L. 96-547 revised former subsec. (a) into entire section with additional provisions relating to fiscal year ending Sept. 30, 1981, and struck out subsec. (b) setting forth authorization of appropriations for grants.