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15 USC CHAPTER 56 - NATIONAL CLIMATE PROGRAM 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

.

-HEAD-

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

-MISC1-

Sec.

2901. Findings.

2902. Purpose.

2903. Definitions.

2904. National Climate Program.

(a) Establishment.

(b) Duties.

(c) National Climate Program Office.

(d) Program elements.

(e) Climate Program Policy Board.

(f) Cooperation.

(g) Budgeting.

2905. Repealed.

2906. Annual report.

2907. Contract and grant authority; records and audits.

2908. Authorization of appropriations.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2938 of this title.

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15 USC Sec. 2901 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2901. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 95-367, Sec. 2, Sept. 17, 1978, 92 Stat. 601.)

-MISC1-

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.''

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15 USC Sec. 2902 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2902. Purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 95-367, Sec. 3, Sept. 17, 1978, 92 Stat. 601.)

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15 USC Sec. 2903 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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Sec. 2903. Definitions

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-272 added par. (1) and redesignated former

pars. (1) to (3) as (2) to (4), respectively.

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15 USC Sec. 2904 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

-HEAD-

Sec. 2904. National Climate Program

-STATUTE-

(a) Establishment

The President shall establish a National Climate Program in

accordance with the provisions, findings and purposes of this

chapter.

(b) Duties

The President shall -

(1) promulgate the 5-year plans described in subsection (d)(9)

of this section;

(2) define the roles in the Program of Federal officers,

departments, and agencies, including the Departments of

Agriculture, Commerce, Defense, Energy, Interior, State, and

Transportation; the Environmental Protection Agency; the National

Aeronautics and Space Administration; the Council on

Environmental Quality; the National Science Foundation; and the

Office of Science and Technology Policy; and

(3) provide for Program coordination.

(c) National Climate Program Office

(1) The Secretary shall establish within the Department of

Commerce a National Climate Program Office not later than 30 days

after September 17, 1978.

(2) The Office shall -

(A) serve as the lead entity responsible for administering the

program;

(B) be headed by a Director who shall represent the Climate

Program Policy Board and shall be spokesperson for the program;

(C) serve as the staff for the Board and its supporting

committees and working groups;

(D) review each agency budget request transmitted under

subsection (g)(1) of this section and submit an analysis of the

requests to the Board for its review;

(E) be responsible for coordinating interagency participation

in international climate-related activities; and

(F) work with the National Academy of Sciences and other

private, academic, State, and local groups in preparing and

implementing the 5-year plan (described in subsection (d)(9) of

this section) and the program.

The analysis described in subparagraph (D) shall include an

analysis of how each agency's budget request relates to the

priorities and goals of the program established pursuant to this

chapter.

(3) The Secretary may provide, through the Office, financial

assistance, in the form of contracts or grants or cooperative

agreements, for climate-related activities which are needed to meet

the goals and priorities of the program set forth in the 5-year

plan pursuant to subsection (d)(9) of this section, if such goals

and priorities are not being adequately addressed by any Federal

department, agency, or instrumentality.

(4) Each Federal officer, employee, department and agency

involved in the Program shall cooperate with the Secretary in

carrying out the provisions of this chapter.

(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

environment, 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

programs in food, fiber, raw materials, energy, transportation,

land and water management, and other such responsibilities, in

accordance 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,

economic, 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

activities 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-related studies

and services including participation by universities, the private

sector and others concerned with applied research and advisory

services. Such mechanisms may provide, among others, for the

following State and regional services and functions: (A) studies

relating to and analyses of climatic effects on agricultural

production, water resources, energy needs, and other critical

sectors of the economy; (B) atmospheric data collection and

monitoring on a statewide and regional basis; (C) advice to

regional, State, and local government agencies regarding

climate-related issues; (D) information to users within the State

regarding climate and climatic effects; and (E) information to

the Secretary regarding the needs of persons within the States

for climate-related services, information, and data. The

Secretary may make annual grants to any State or group of States,

which grants shall be made available to public or private

educational institutions, to State agencies, and to other persons

or institutions qualified to conduct climate-related studies or

provide climate-related 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 procedures to have forecasts reviewed and their

accuracy evaluated; and (C) protect against premature reliance on

such experimental forecasts; and

(9) a preliminary 5-year plan, to be submitted to the Congress

for review and comment, not later than 180 days after September

17, 1978, and a final 5-year plan to be submitted to the Congress

not later than 1 year after September 17, 1978, that shall be

revised and extended at least once every four years. Each plan

shall establish the goals and priorities for the Program,

including the intergovernmental program described in paragraph

(7), 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 accomplishments that must be achieved to

ensure that Program goals are met within the time frame

established by the plan.

(e) Climate Program Policy Board

(1) The Secretary shall establish and maintain an interagency

Climate Program Policy Board, consisting of representatives of the

Federal agencies specified in subsection (b)(2) of this section and

any other agency which the Secretary determines should participate

in the Program.

(2) The Board shall -

(A) be responsible for coordinated planning and progress review

for the Program;

(B) review all agency and department budget requests related to

climate transmitted under subsection (g)(1) of this section and

submit a report to the Office of Management and Budget concerning

such budget requests;

(C) establish and maintain such interagency groups as the Board

determines to be necessary to carry out its activities; and

(D) consult with and seek the advice of users and producers of

climate data, information, and services to guide the Board's

efforts, keeping the Director and the Congress advised of such

contacts.

(3) The Board biennially shall select a Chair from among its

members. A Board member who is a representative of an agency may

not serve as Chair of the Board for a term if an individual who

represented that same agency on the Board served as the Board's

Chair for the previous term.

(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 purpose 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 with

the Office in (A) providing representation at climate-related

international meetings and conferences in which the United States

participates, and (B) coordinating 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

United Nations Environmental Program, the United Nations

Educational, Scientific, and Cultural Organization, the World

Health Organization, and Food and Agriculture Organization.

(g) Budgeting

Each Federal agency and department participating in the Program,

shall prepare and submit to the Office of Management and Budget, on

or before the date of submission of departmental requests for

appropriations to the Office of Management and Budget, an annual

request for appropriations for the Program for the subsequent

fiscal year and shall transmit a copy of such request to the

National Climate Program Office. The Office of Management and

Budget shall review the request for appropriations as an

integrated, coherent, multiagency request.

-SOURCE-

(Pub. L. 95-367, Sec. 5(a)-(g)(1), Sept. 17, 1978, 92 Stat.

601-603; Pub. L. 99-272, title VI, Sec. 6084(b)-(f), Apr. 7, 1986,

100 Stat. 136, 137.)

-COD-

CODIFICATION

Subsec. (g) of this section in the original was par. (1) of

section 5(g) of Pub. L. 95-367 and has been set out without such

par. (1) designation for purposes of codification. For

classification of par. (2) of section 5(g) to the Code, see Tables.

-MISC3-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-272, Sec. 6084(b), designated

first sentence as par. (1), substituted pars. (2) and (3) for

second sentence which provided that ''The Office shall be the lead

entity responsible for administering the Program'', and designated

third sentence as par. (4).

Subsec. (d)(7). Pub. L. 99-272, Sec. 6084(c)(1), inserted

provision that such mechanisms may provide, among others, for

certain enumerated State and regional services and functions.

Subsec. (d)(9). Pub. L. 99-272, Sec. 6084(c)(2), (3), substituted

''at least once every four years'' for ''biennially'' and

''described in paragraph (7)'' for ''under section 2905 of this

title''.

Subsec. (e). Pub. L. 99-272, Sec. 6084(d), substituted provisions

relating to the establishment and maintenance of the Climate

Program Policy Board for provisions relating to the establishment

and maintenance of an advisory committee and interagency groups.

Subsec. (f)(2). Pub. L. 99-272, Sec. 6084(e), substituted ''shall

cooperate with the Office in'' for ''shall cooperate in''.

Subsec. (g). Pub. L. 99-272, Sec. 6084(f), inserted provision

requiring each Federal agency and department participating in the

Program to transmit a copy of such request to the National Climate

Program Office.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2906 of this title; title

31 section 1105.

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15 USC Sec. 2905 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2905. Repealed. Pub. L. 99-272, title VI, Sec. 6084(g), Apr.

7, 1986, 100 Stat. 137

-MISC1-

Section, Pub. L. 95-367, Sec. 6, Sept. 17, 1978, 92 Stat. 603,

related to establishment and requirements of intergovernmental

climate programs.

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15 USC Sec. 2906 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2906. Annual report

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-375 substituted ''March 31'' for ''January

30''.

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15 USC Sec. 2907 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2907. Contract and grant authority; records and audits

-STATUTE-

(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.

-SOURCE-

(Pub. L. 95-367, Sec. 8, Sept. 17, 1978, 92 Stat. 604.)

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15 USC Sec. 2908 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 56 - NATIONAL CLIMATE PROGRAM

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Sec. 2908. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 95-367, Sec. 9, Sept. 17, 1978, 92 Stat. 605; Pub. L.

96-547, Sec. 1, Dec. 18, 1980, 94 Stat. 3217.)

-MISC1-

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.

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