An Act to establish a comprehensive and coordinated national climate policy and program, and for other purposes.
PL 95-367 (H.R.6669), enacted 09/17/1978

PUBLIC LAW 95-367—SEPT. 17, 1978 
92 STAT. 601 
Public Law 95-367 
95th Congress 
An Act 
To establish a compreliensive and coordinated national climate policy and 
Sept. 17, 1978_ 
program, and for other purposes. 
[H.R. 6669] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, That this Act may National ClimatB 
be cited as the "National Climate Program Act". 
Program Act. 
15 use 2901 
SEC. 2. FINDINGS. 
note. 
The Congress finds and declares the following: 
15 USC 2901. 
(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 regardmg climate is not being fully dissemi-
nated or used, and Federal efforts have given insufficent 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. 
SEC. 3. PURPOSE. 
15 USC 2902. 
It is the purpose of the Congress in this Act to establish a national 
climate program that will assist the Nation and the world to under-
stand and respond to natural and man-induced climate processes and 
their implications. 
SEC. 4. DEFINITIONS. 
15 USC 2903. 
As used in this Act, unless the context otherwise requires: 
(1) The term "Office" means the National Climate Program 
Office. 
(2) The term "Program" means the National Climate Program. 
(3) The term "Secretary" means the Secretary of Commerce. 
SEC. 5. NATIONAL CLIMATE PROGRAM. 
15 USC 2904. 
(a) ESTABLISHMENT.—The President shall establish a National Cli-
mate Program in accordance with the provisions, findings and purposes 
of this Act. 
(b) DUTIES.—^The President shall— 
(1) promulgate the 5-year plans described in subsection 
(d)(9); 
(2) define the roles in the Program of Federal officers, depart-
ments, and agencies, including the Departments of Agriculture, 
Commerce, Defense, Energy, Interior, State, and Transportation; 
the Environmental Protection Agency; the National Aeronautics 
92 STAT. 602 
PUBLIC LAW 95-367—SEPT. 17, 1978 
and Space Administration; the Council on Environmental Qual-
ity ; the National Science Foundation; and the Office of Science 
and Technology Policy; and 
-
(3) provide for Program coordination. 
Establishment. 
(c) NATIONAL CLIMATE PROGRAM OFFICE.—^The Secretary shall 
establish within the Department of Commerce a National Climate 
Program Office not later than 30 days after the date of the enactment 
Administration. 
of this Act. The Office shall be the lead entity responsible for adminis-
tering the Program. Each Federal officer, employee, department and 
agencj involved in the Program shall cooperate with the Secretary in 
carrying out the provisions of this Act. 
(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 environ-
ment, 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 pro-
grams in food, fiber, raw materials, energy, transportation, land 
and water management, and other such responsibilities, in accord-
ance 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, eco-
nomic, 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 activi-
ties 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-relaited studies 
and services including participation by universities, the private 
sector and others concerned with applied research and advisory 
s- 
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 pro-
cedures to have forecasts reviewed and their accuracy evaluated; 
and (C) protect against premature reliance on such experimental 
forecasts; and 
Five-year plan, 
(9) a preliminary 5-year plan, to be submitted to the Congress 
submittal to 
for review and comment, not later than 180 days after the enact-
Congress. 
ment of this Act, and a final 5-year plan to be submitted to the 
Congress not later than 1 year after the enactment of this Act, that 
shall be revised and extended biennially. Each plan shall establish 
the goals and priorities for the Program, including the intergov-
ernmental program under section 6, 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 accomplish-
PUBLIC LAW 95-367—SEPT. 17, 1978 
92 STAT. 603 
ments that must be achieved to ensure that Program goals are met 
within the time frame established by the plan. 
(e) ADVISORY COMMITTEE AND INTERAGENCY GROUPS.—(1) The Sec-
retary shall establish and maintain an advisoiy committee of users and 
producers of climate data, information and services to advise the 
Secretary and the Congress on the conduct of the Program. Members 
of such committee shall not be employed by the Federal Government 
and may receive compensation at the daily rate for GS-16 of the Gren-
eral Schedule for each day engaged in the actual performance of their 
duties for the committee and while so serving away from their homes 
or regular place of business may be allowed travel expenses, including 
per diem in lieu of subsistence. 
(2) The Secretary shall establish and maintain such intei-agency 
groups as are necessary and appropriate to assist in carrying out 
responsibilities under this Act. 
(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 pur-
pose 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 in (A) 
providing representation at climate-related international meetings and 
conferences in which the United States participates, and (B) coordi-
nating 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 L^nited Nations Environmental Program, the 
United Nations Educational, Scientific, and Cultural Organization, the 
World Health Organization, and Food and Agriculture Organization. 
(g) BUDGETING.— (1) 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 Management 
and Budget, an annual request for appropriations for the Program for 
the subsequent fiscal year. The Office of Management and Budget shall 
review the request for appropriations as an integrated, coherent, multi-
agency request. 
(2) Section 304 of the Act of October 18,1962 (31 U.S.C. 25) (relat-
ing to preparation of horizontal budgets for meteorology), is 
amended— 
(A) by inserting "and of the National Climate Program 
established under the National Climate Program Act" after 
"meteorology", and 
(B) by striking out "aspects of the program" and inserting in 
lieu thereof "aspects of the programs". 
The amendments made by the preceding sentence shall apply with 
respect to budgets submitted for fiscal years beginning 6 months or 
more after the date of the enactment of this Act. 
SEC. 6. INTERGOVERNMENTAL CLIMATE PROGRAMS. 
(a) ESTABLISHMENT.—The Secretary shall establish a progi'am for 
Federal and State cooperative activities in climate studies and advisory 
services. The Secretary is authorized to make annual grants to any 
State or group of States, sudh grants to 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 
Establishment. 
3 CFR, 1977 
Comp., p. 142. 
5 u s e 5332 note. 
Annual 
appropriation 
request to 0MB. 
Horizontal 
budgets. 
Effective date. 
31 u s e 25 note. 
15 u s e 2905. 
Federal and Strte 
cooperative 
activities. 
Grants. 
39-194 O—80—pt. 1 
42 : QL3 
92 STAT. 604 
PUBLIC LAW 95-367—SEPT. 17, 1978 
Limitation. 
Restriction. 
15 use 2906. 
Report to 
President and 
congressional 
committees. 
15 u s e 2907. 
climate-related services. Such grants may be made for not more than 
50 percent of the costs, in any one year, of the research conducted or 
services provided under the grant. Federal funds received from other 
sources shall not be used to pay the remaining share of the cost of such 
research or services. The Secretary shall work with other appropriate 
mission agencies in conducting this program. 
(b) DETAIL OF THE INTERGOVERNMENTAL PROGRAM.—^The intergov-
ernmental program shall provide, among others, the following State 
and regional services and functions: 
(1) studies relating to and analyses of climatic effects on agri-
cultural production, water resources, energy needs, and other 
critical sectors of the economy; 
(2) atmospheric data collection and monitoring on a statewide 
and regional basis; 
(3) advice to regional, State, and local government agencies 
regarding climate-related issues; 
(4) information to users within the State regarding climate and 
climatic effects; and 
(5) information to the Secretary regarding the needs of persons 
withm the State for climate-related services, information and 
data. 
(c) INTERGOVERNMENTAL PROGRAM REQUIREMENTS.—Prior to mak-
ing a grant to any State or group of States under this section, the 
Secretary shall find that— 
(1) the State, or each of the States in a group, has adopted a 
State climate program in accordance with the provisions of this 
Act and rules and regulations promulgated by the Secretary; and 
(2) the State, or each of the States in a group has— 
(A) integrated its climate program with the Program; and 
(B) established an effective mechanism for consultation 
and coordination with Federal and local government officials 
and users within the State. 
The Secretary ^hall insure that grants made to a State or group of 
States under this section are made on an equitable basis. 
SEC. 7. ANNUAL REPORT. 
The Secretary shall prepare and silbmit to the President and the 
authorizing committees of the Congress, not later than January 30 of 
each year, a report on the activities conducted pursuant to this Act 
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 Pro-
gram of subsection 5(g); and 
(e) any recommendations for additional legislation which may 
be required to assist in adhieving the purposes of the Act. 
SEC. 
8
. 
CONTRACT 
AND GRANT 
AUTHORITY; 
RECORDS 
AND 
AUDITS. 
(a) Functions vested in any Federal officer or agency by this Act 
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 imder 
contracts or grant arrangements entered into by such officer or agency. 
PUBLIC LAW 95-367—SEPT. 17, 1978 
92 STAT. 605 
('b)(l) Each pei-son or entity to which Federal funds are made Recordkeeping. 
available under a contract or grant arrangement as authorized by this 
Act 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), have 
access for the purpose of audit and examination to any books, docu-
ments, 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. 
SEC. 9. AUTHORIZATION FOR APPROPRIATIONS. 
(a) GENEKAL AUTHORIZATION OF APPROPRIATION.—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 pro-
visions of this Act, not to exceed $50,000,000 for the fiscal year ending 
September 30, 1979, and not. to exceed $65,000,000 for the fiscal year 
ending September 30,1980. 
(b) 
AUTHORIZATION OF APPROPRIATION FOR GRANTS.—There are 
authorized to be appropriated to the Secretary sums not to exceed 
$10,000,000 for the fiscal year ending September 30, 1979, and not to 
exceed $10,000,000 for the fiscal year ending September 30, 1980, as 
may be necessary for grants under section 6 of this Act, to remain 
available until expended. 
Approved September 17, 1978. 
Accessibility to 
records. 
15 u s e 2908. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-266 (Comm. on Science and Technology) and No. 95-1489 
(Comm. of Conference). 
SENATE REPORT No. 95-740 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
VoL 123 (1977): Sept. 9, considered and passed House. 
VoL 124 (1978): Apr. 24, considered and passed Senate, amended. 
Aug. 17, Senate agreed to conference report. 
Sept. 6, House agreed to conference report.