US (United States) Code. Title 15. Chapter 9A: Weather modification activities or attempts; reporting requirement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and trade

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15 USC CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR

ATTEMPTS; REPORTING REQUIREMENT 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

.

-HEAD-

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

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Sec.

330. Definitions.

330a. Report requirement; form; information; time of submission.

330b. Duties of Secretary.

(a) Records, maintenance; summaries, publication.

(b) Public availability of reports, documents, and

other information.

(c) Disclosure of confidential information;

prohibition; exceptions.

330c. Authority of Secretary.

(a) Information; reports and records; inspection;

availability of data from any Federal agency as

limitation of authority.

(b) Noncompliance; application of Attorney General;

jurisdiction; orders; contempts.

330d. Violation; penalty.

330e. Authorization of appropriations.

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15 USC Sec. 330 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

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Sec. 330. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''Secretary'' means the Secretary of Commerce.

(2) The term ''person'' means any individual, corporation,

company, association, firm, partnership, society, joint stock

company, any State or local government or any agency thereof, or

any other organization, whether commercial or nonprofit, who is

performing weather modification activities, except where acting

solely as an employee, agent, or independent contractor of the

Federal Government.

(3) The term ''weather modification'' means any activity

performed with the intention of producing artificial changes in

the composition, behavior, or dynamics of the atmosphere.

(4) The term ''United States'' includes the several States, the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or insular possession of the United States.

-SOURCE-

(Pub. L. 92-205, Sec. 1, Dec. 18, 1971, 85 Stat. 735.)

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SHORT TITLE

Pub. L. 92-205, which is classified to this chapter, is popularly

known as the ''Weather Modification Reporting Act of 1972''.

NATIONAL WEATHER MODIFICATION POLICY ACT OF 1976

Pub. L. 94-490, Sec. 1-6(a), Oct. 13, 1976, 90 Stat. 2359-2361,

provided:

''(Section 1). That this Act may be cited as the National Weather

Modification Policy Act of 1976.

''Sec. 2. Declaration of Policy.

''(a) Findings. - The Congress finds and declares the following:

''(1) Weather-related disasters and hazards, including drought,

hurricanes, tornadoes, hail, lightning, fog, floods, and frost,

result in substantial human suffering and loss of life, billions

of dollars of annual economic losses to owners of crops and other

property, and substantial financial loss to the United States

Treasury;

''(2) Weather modification technology has significant potential

for preventing, diverting, moderating, or ameliorating the

adverse effects of such disasters and hazards and enhancing crop

production and the availability of water;

''(3) The interstate nature of climatic and related phenomena,

the severe economic hardships experienced as the result of

occasional drought and other adverse meteorological conditions,

and the existing role and responsibilities of the Federal

Government with respect to disaster relief, require appropriate

Federal action to prevent or alleviate such disasters and

hazards; and

''(4) Weather modification programs may have long-range and

unexpected effects on existing climatic patterns which are not

confined by national boundaries.

''(b) Purpose. - It is therefore declared to be the purpose of

the Congress in this Act to develop a comprehensive and coordinated

national weather modification policy and a national program of

weather modification research and development -

''(1) to determine the means by which deliberate weather

modification can be used at the present time to decrease the

adverse impact of weather on agriculture, economic growth, and

the general public welfare, and to determine the potential for

weather modification;

''(2) to conduct research into those scientific areas

considered most likely to lead to practical techniques for

drought prevention or alleviation and other forms of deliberate

weather modification;

''(3) to develop practical methods and devices for weather

modification;

''(4) to make weather modification research findings available

to interested parties;

''(5) to assess the economic, social, environmental, and legal

impact of an operational weather modification program;

''(6) to develop both national and international mechanisms

designed to minimize conflicts which may arise with respect to

the peaceful uses of weather modification; and

''(7) to integrate the results of existing experience and

studies in weather modification activities into model codes and

agreements for regulation of domestic and international weather

modification activities.

''Sec. 3. Definitions.

''As used in this Act:

''(1) The term 'Secretary' means the Secretary of Commerce.

''(2) The term 'State' means any State of the United States, the

District of Columbia, or any Commonwealth, territory, or possession

of the United States.

''(3) The term 'weather modification' means any activity

performed with the intention and expectation of producing changes

in precipitation, wind, fog, lightning, and other atmospheric

phenomena.

''Sec. 4. Study.

''The Secretary shall conduct a comprehensive investigation and

study of the state of scientific knowledge concerning weather

modification, the present state of development of weather

modification technology, the problems impeding effective

implementation of weather modification technology, and other

related matters. Such study shall include -

''(1) a review and analysis of the present and past research

efforts to establish practical weather modification technology,

particularly as it relates to reducing loss of life and crop and

property destruction;

''(2) a review and analysis of research needs in weather

modification to establish areas in which more research could be

expected to yield the greatest return in terms of practical

weather modification technology;

''(3) a review and analysis of existing studies to establish

the probable economic importance to the United States in terms of

agricultural production, energy, and related economic factors if

the present weather modification technology were to be

effectively implemented;

''(4) an assessment of the legal, social, and ecological

implications of expanded and effective research and operational

weather modification projects;

''(5) formulation of one or more options for a model regulatory

code for domestic weather modification activities, such code to

be based on a review and analysis of experience and studies in

this area, and to be adaptable to State and national needs;

''(6) recommendations concerning legislation desirable at all

levels of government to implement a national weather modification

policy and program;

''(7) a review of the international importance and implications

of weather modification activities by the United States;

''(8) a review and analysis of present and past funding for

weather modification from all sources to determine the sources

and adequacy of funding in the light of the needs of the Nation;

''(9) a review and analysis of the purpose, policy, methods,

and funding of the Federal departments and agencies involved in

weather modification and of the existing interagency coordination

of weather modification research efforts;

''(10) a review and analysis of the necessity and feasibility

of negotiating an international agreement concerning the peaceful

uses of weather modification; and

''(11) formulation of one or more options for a model

international agreement concerning the peaceful uses of weather

modification and the regulation of national weather modification

activities; and a review and analysis of the necessity and

feasibility of negotiating such an agreement.

''Sec. 5. Report.

''(a) In General. - The Secretary shall prepare and submit to the

President and the Congress, within 1 year after the date of

enactment of this Act (Oct. 13, 1976), a final report on the

findings, conclusions, and recommendations of the study conducted

pursuant to section 4. Such report shall include:

''(1) a summary of the findings made with respect to each of

the areas of investigation specified in section 4;

''(2) other findings which are pertinent to the determination

and implementation of a national policy on weather modifications;

''(3) a recommended national policy on weather modification and

a recommended national weather modification research and

development program which is consistent with, and likely to

contribute to, achieving the objectives of such policy;

''(4) recommendations for levels of Federal funding sufficient

to support adequately a national weather modification research

and development program;

''(5) recommendations for any changes in the organization and

involvement of Federal departments and agencies in weather

modification which may be needed to implement effectively the

recommended national policy on weather modification and the

recommended research and development program; and

''(6) recommendations for any regulatory and other legislation

which may be required to implement such policy and program or for

any international agreement which may be appropriate concerning

the peaceful uses of weather modification, including

recommendations concerning the dissemination, refinement, and

possible implementation of the model domestic code and

international agreement developed under the specifications of

section 4.

Each department, agency, and other instrumentality of the Federal

Government is authorized and directed to furnish the Secretary any

information which the Secretary deems necessary to carry out his

functions under this Act.

''(b) Operation and Consultation. - The Secretary shall solicit

and consider the views of State agencies, private firms,

institutions of higher learning, and other interested persons and

governmental entities in the conduct of the study required by

section 4, and in the preparation of the report required by

subsection (a).

''Sec. 6. Authorization for Appropriations.

''(a) There is authorized to be appropriated to the Secretary for

the purposes of carrying out the provisions of this Act not to

exceed $1,000,000.''

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15 USC Sec. 330a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

-HEAD-

Sec. 330a. Report requirement; form; information; time of

submission

-STATUTE-

No person may engage, or attempt to engage, in any weather

modification activity in the United States unless he submits to the

Secretary such reports with respect thereto, in such form and

containing such information, as the Secretary may by rule

prescribe. The Secretary may require that such reports be

submitted to him before, during, and after any such activity or

attempt.

-SOURCE-

(Pub. L. 92-205, Sec. 2, Dec. 18, 1971, 85 Stat. 736.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 330d of this title.

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15 USC Sec. 330b 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

-HEAD-

Sec. 330b. Duties of Secretary

-STATUTE-

(a) Records, maintenance; summaries, publication

The Secretary shall maintain a record of weather modification

activities, including attempts, which take place in the United

States and shall publish summaries thereof from time to time as he

determines.

(b) Public availability of reports, documents, and other

information

All reports, documents, and other information received by the

Secretary under the provisions of this chapter shall be made

available to the public to the fullest practicable extent.

(c) Disclosure of confidential information; prohibition; exceptions

In carrying out the provisions of this section, the Secretary

shall not disclose any information referred to in section 1905 of

title 18 and is otherwise unavailable to the public, except that

such information shall be disclosed -

(1) to other Federal Government departments, agencies, and

officials for official use upon request;

(2) in any judicial proceeding under court order formulated to

preserve the confidentiality of such information without

impairing the proceeding; and

(3) to the public if necessary to protect their health and

safety.

-SOURCE-

(Pub. L. 92-205, Sec. 3, Dec. 18, 1971, 85 Stat. 736.)

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15 USC Sec. 330c 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

-HEAD-

Sec. 330c. Authority of Secretary

-STATUTE-

(a) Information; reports and records; inspection; availability of

data from any Federal agency as limitation of authority

The Secretary may obtain from any person whose activities relate

to weather modification by rule, subpena, or otherwise such

information in the form of testimony, books, records, or other

writings, may require the keeping and furnishing of such reports

and records, and may make such inspection of the books, records,

and other writings and premises and property of any person as may

be deemed necessary or appropriate by him to carry out the

provisions of this chapter, but this authority shall not be

exercised to obtain any information with respect to which adequate

and authoritative data are available from any Federal agency.

(b) Noncompliance; application of Attorney General; jurisdiction;

orders; contempts

In case of contumacy by, or refusal to obey a subpena served upon

any person pursuant to this section, the district court of the

United States for any district in which such person is found or

resides or transacts business, upon application by the Attorney

General, shall have jurisdiction to issue an order requiring such

person to appear and give testimony or to appear and produce

documents, or both; and any failure to obey such order of the court

may be punished by such court as a contempt thereof.

-SOURCE-

(Pub. L. 92-205, Sec. 4, Dec. 18, 1971, 85 Stat. 736.)

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15 USC Sec. 330d 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

-HEAD-

Sec. 330d. Violation; penalty

-STATUTE-

Any person who knowingly and willfully violates section 330a of

this title, or any rule issued thereunder, shall upon conviction

thereof be fined not more than $10,000.

-SOURCE-

(Pub. L. 92-205, Sec. 5, Dec. 18, 1971, 85 Stat. 736.)

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15 USC Sec. 330e 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9A - WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING

REQUIREMENT

-HEAD-

Sec. 330e. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $150,000 for the fiscal

year ending June 30, 1972, $200,000 each for the fiscal years 1973

through 1980, $100,000 for the fiscal year ending September 30,

1981, $100,000 for the fiscal year ending September 30, 1986,

$100,000 for the fiscal year ending September 30, 1987, $100,000

for the fiscal year ending September 30, 1988, to carry out the

provisions of this chapter.

-SOURCE-

(Pub. L. 92-205, Sec. 6, Dec. 18, 1971, 85 Stat. 736; Pub. L.

93-436, Oct. 5, 1974, 88 Stat. 1212; Pub. L. 94-490, Sec. 6(b),

Oct. 13, 1976, 90 Stat. 2362; Pub. L. 96-547, Sec. 2, Dec. 18,

1980, 94 Stat. 3217; Pub. L. 99-272, title VI, Sec. 6081, Apr. 7,

1986, 100 Stat. 135.)

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AMENDMENTS

1986 - Pub. L. 99-272 authorized appropriation of $100,000 for

fiscal years ending September 30, 1986, 1987, and 1988.

1980 - Pub. L. 96-547 amended Pub. L. 96-547, thereby inserting

provisions setting forth authorization of appropriations for fiscal

year ending Sept. 30, 1981.

1976 - Pub. L. 94-490 authorized appropriation of $200,000 for

each of fiscal years 1978, 1979, and 1980.

1974 - Pub. L. 93-436 extended authorization of appropriation of

$200,000 for each of fiscal years ending June 30, 1975, 1976, and

1977.

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