§ 330. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC330]
TITLE 15--COMMERCE AND TRADE
CHAPTER 9A--WEATHER MODIFICATION ACTIVITIES OR ATTEMPTS; REPORTING
REQUIREMENT
Sec. 330. Definitions
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.
(Pub. L. 92-205, Sec. 1, Dec. 18, 1971, 85 Stat. 735.)
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, Secs. 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.''
