15 U.S.C. § 2904 — National Climate Program

Page 1962 TITLE 15—COMMERCE AND TRADE § 2903 will assist the Nation and the world to under- stand and respond to natural and man-induced climate processes and their implications. (Pub. L. 95–367, § 3, Sept. 17, 1978, 92 Stat. 601.) § 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 Sec- retary of Commerce. (Pub. L. 95–367, § 4, Sept. 17, 1978, 92 Stat. 601; Pub. L. 99–272, title VI, § 6084(a), Apr. 7, 1986, 100 Stat. 136.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–272 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. § 2904. National Climate Program (a) Establishment The President shall establish a National Cli- mate Program in accordance with the provi- sions, findings and purposes of this chapter. (b) Duties The President shall— (1) promulgate the 5-year plans described in subsection (d)(9); (2) define the roles in the Program of Fed- eral officers, departments, and agencies, in- cluding the Departments of Agriculture, Com- merce, Defense, Energy, Interior, State, and Transportation; the Environmental Protection Agency; the National Aeronautics and Space Administration; the Council on Environ- mental Quality; the National Science Founda- tion; 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 Sep- tember 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 rep- resent 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 trans- mitted under subsection (g)(1) and submit an analysis of the requests to the Board for its re- view; (E) be responsible for coordinating inter- agency 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 imple- menting the 5-year plan (described in sub- section (d)(9)) 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 con- tracts 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), if such goals and priorities are not being adequately addressed by any Federal depart- ment, agency, or instrumentality. (4) Each Federal officer, employee, department and agency involved in the Program shall co- operate 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 produc- tion, 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 accordance with existing laws and regulations. Where ap- propriate such assessments may include rec- ommendations 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, use- ful and readily available information on a con- tinuing basis; (5) systems for the management and active dissemination of climatological data, informa- tion and assessments, including mechanisms for consultation with current and potential users; (6) measures for increasing international co- operation in climate research, monitoring, analysis and data dissemination; (7) mechanisms for intergovernmental cli- mate-related studies and services including participation by universities, the private sec- tor 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) stud- ies 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 govern- ment agencies regarding climate-related issues; (D) information to users within the Page 1963 TITLE 15—COMMERCE AND TRADE § 2904 State regarding climate and climatic effects; and (E) information to the Secretary regard- ing 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 fore- casts of a monthly, seasonal, annual, and longer nature, based on a variety of experi- mental 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 sub- mitted to the Congress for review and com- ment, 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 de- tails 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) 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) and submit a report to the Of- fice of Management and Budget concerning such budget requests; (C) establish and maintain such interagency groups as the Board determines to be nec- essary 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, keep- ing 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 agen- cies involved in related activities. For this pur- pose the Secretary shall cooperate and partici- pate 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 ac- tivities of the Program with the climate pro- grams of other nations and international agen- cies and organizations, including the World Me- teorological Organization, the International Council of Scientific Unions, the United Nations Environmental Program, the United Nations Educational, Scientific, and Cultural Organiza- tion, the World Health Organization, and Food and Agriculture Organization. (g) Budgeting Each Federal agency and department partici- pating 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 Man- agement and Budget, an annual request for ap- propriations for the Program for the subsequent fiscal year and shall transmit a copy of such re- quest to the National Climate Program Office. The Office of Management and Budget shall re- view the request for appropriations as an inte- grated, coherent, multiagency request. (Pub. L. 95–367, § 5(a)–(g)(1), Sept. 17, 1978, 92 Stat. 601–603; Pub. L. 99–272, title VI, § 6084(b)–(f), Apr. 7, 1986, 100 Stat. 136, 137.) Editorial Notes 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 codi- fication. For classification of par. (2) of section 5(g) to the Code, see Tables. AMENDMENTS 1986—Subsec. (c). Pub. L. 99–272, § 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, § 6084(c)(1), inserted pro- vision that such mechanisms may provide, among oth- ers, for certain enumerated State and regional services and functions. Subsec. (d)(9). Pub. L. 99–272, § 6084(c)(2), (3), sub- stituted ‘‘at least once every four years’’ for ‘‘bienni- ally’’ and ‘‘described in paragraph (7)’’ for ‘‘under sec- tion 2905 of this title’’. Subsec. (e). Pub. L. 99–272, § 6084(d), substituted provi- sions relating to the establishment and maintenance of the Climate Program Policy Board for provisions relat- ing to the establishment and maintenance of an advi- sory committee and interagency groups. Subsec. (f)(2). Pub. L. 99–272, § 6084(e), substituted ‘‘shall cooperate with the Office in’’ for ‘‘shall cooper- ate in’’. Subsec. (g). Pub. L. 99–272, § 6084(f), inserted provision requiring each Federal agency and department partici- pating in the Program to transmit a copy of such re- quest to the National Climate Program Office. Page 1964 TITLE 15—COMMERCE AND TRADE § 2905 § 2905. Repealed. Pub. L. 99–272, title VI, § 6084(g), Apr. 7, 1986, 100 Stat. 137 Section, Pub. L. 95–367, § 6, Sept. 17, 1978, 92 Stat. 603, related to establishment and requirements of intergov- ernmental climate programs. § 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, in- cluding— (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 Pro- gram; (c) a copy of the 5-year plan and any changes made in such plan; (d) a summary of the multiagency budget re- quest for the Program of section 2904(g) of this title; and (e) any recommendations for additional leg- islation which may be required to assist in achieving the purposes of this chapter. (Pub. L. 95–367, § 7, Sept. 17, 1978, 92 Stat. 604; Pub. L. 97–375, title II, § 202(b), Dec. 21, 1982, 96 Stat. 1822.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–375 substituted ‘‘March 31’’ for ‘‘Jan- uary 30’’. § 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 per- sonnel of the agency involved or, to the extent provided or approved in advance in appropria- tion 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 Comp- troller General of the United States, or any of their duly authorized representatives, shall, until the expiration of 3 years after the comple- tion of the activities (referred to in paragraph (1)) of any person or entity pursuant to any con- tract or grant arrangement referred to in sub- section (a), have access for the purpose of audit and examination to any books, documents, pa- pers, and records of such person or entity which, in the judgment of the Director or the Comp- troller General, may be related or pertinent to such contract or grant arrangement. (Pub. L. 95–367, § 8, Sept. 17, 1978, 92 Stat. 604.) § 2908. Authorization of appropriations In addition to any other funds otherwise au- thorized 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 fis- cal 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 fis- cal year ending September 30, 1981, of which amount not less than $2,653,000 shall be made di- rectly available to the National Climate Pro- gram Office in the form of a budget item sepa- rate from the activities of the National Oceanic and Atmospheric Administration. (Pub. L. 95–367, § 9, Sept. 17, 1978, 92 Stat. 605; Pub. L. 96–547, § 1, Dec. 18, 1980, 94 Stat. 3217.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–547 revised former subsec. (a) into en- tire section with additional provisions relating to fiscal year ending Sept. 30, 1981, and struck out subsec. (b) setting forth authorization of appropriations for grants. CHAPTER 56A—GLOBAL CHANGE RESEARCH Sec. 2921. Definitions. SUBCHAPTER I—UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM 2931. Findings and purpose. 2932. Committee on Earth and Environmental Sciences. 2933. United States Global Change Research Pro- gram. 2934. National Global Change Research Plan. 2935. Budget coordination. 2936. Scientific assessment. 2937. Omitted. 2938. Relation to other authorities. SUBCHAPTER II—INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH 2951. Findings and purposes. 2952. International discussions. 2953. Global Change Research Information Office. SUBCHAPTER III—GROWTH DECISION AID 2961. Study and decision aid. § 2921. Definitions As used in this chapter, the term— (1) ‘‘Committee’’ means the Committee on Earth and Environmental Sciences established under section 2932 of this title; (2) ‘‘Council’’ means the Federal Coordi- nating Council on Science, Engineering, and Technology; (3) ‘‘global change’’ means changes in the global environment (including alterations in climate, land productivity, oceans or other water resources, atmospheric chemistry, and ecological systems) that may alter the capac- ity of the Earth to sustain life; (4) ‘‘global change research’’ means study, monitoring, assessment, prediction, and infor- mation management activities to describe and understand—