Science, and transportation united states senate

ification research appeared in the Senate report on H.E. 9076, 26 and

the provision was incorporated into the conference report without

mentioning weather modification per se. The Senate report included

the following item :

Increased rainfall by cloud seeding, $100.000. — The committee recommends al-

lowance of $100,000 to be used for research on increasing rainfall by cloud seed-

ing. This amount would be utilized in cooperation with the National Science

Foundation and the Weather Bureau, which are expected to contribute funds

and participate in this research. 27

In accordance with congressional direction in the fiscal year 1962

Public Works appropriation bill, the Bureau of Reclamation estab-

lished the Atmospheric Water Resources Management Program

(^Project Sky water') in 1962. Since the start of this program con-

gressional direction has continued to be almost entirely through pro-

visions in the congressional documents relative to annual Public Works

appropriations. Appendix J is a summary of the appropriation lan-

guage contained in these documents from 1961 through 1977, which

provided such direction. It may be noted that by this means the Con-

gress has continued to provide specific direction to this program al-

most every year since its inception and has provided frequent funding

increases, often substantial, over levels budgeted by the administration.

Legislation providing for temporary authorities to the Secretary of

the Interior to facilitate emergency actions to mitigate impacts of the

1976-77 drought was enacted by the Congress and signed by President

Carter on April 7, 1977. Public Law 95-18 (91 Stat. 36) , subsequently

amended by Public Law 95-107 (91 Stat. 870) , of August 17, 1977, pro-

vided authority to appropriate $100 million for a program including

short-term actions to increase water supplies, to improve water supply

facilities, and to establish a bank of available water for redistribution.

The Bureau of Reclamation published rules in the Federal Register

whereby States could apply for nonreimbursable funds for actions

designed to augment water supplies. 28 Under these provisions, requests

for funds to support weather modification activities were received from

six States. 21 *

Justus. John R. and Robert E .Morrison, legislative authority for atmosphere research

by Federal agencips, tbe Library of Congress, Congressional Research Service, Apr. 1, 11*77

( unpublished), p. 12.

20 U.S. Congress, committee of eonferenee. public works appropriation bill. 1902; confer-

ence report to accompany II. R. 9076. Washington. D.C.. U.S. Government Printing Office,

1961, p. 24. (87th Cong., ist sess. House Rept. No. S7-126S.)

26 U.S. Congress, Senate, Committee on Appropriations, public works appropriation bill,

1962 ; report to accompany II. R. 9076. Washington. D.C., U.S. Government Printing Oltice,

1961. p. i>4. (S7th Cong.. 1st sess. Ho.ise Rept. No. 87-1268.)

■» Ibid.

I - eral Register, vol. 42, No. 72. Thursday. Apr. 14. 1977. pp. 19609-19613.

20 The States were California. Colorado. Kansas. Nevada, North Dakota, and Utah. ?ee

discussion of the Department of the Interior activities in weather mod iri cat ion. p. 267. for

amounts of these grants.

203

Summary

with one or more aspects of weather modification have been introduced

in the Congress. Moreover, many additional pieces of proposed legis-

lation, providing authorization or appropriations for broader agency

programs, have given support and/or direction to weather modification

activities within Federal agencies, often without mentioning such

activities per se.

Table 1 summarizes the legislation and resolutions concerned specifi-

cally with weather modification, which were proposed from the first

session of the 80th Congress to the first session of the 95th Congress.

The table shows, for each session, the numbers of bills and resolutions

pertaining to each of several aspects of the subject and the total number

of each introduced. The numbers appearing under the several subjects

of weather modification legislation will, in general, exceed the total

number of measures introduced in a given year because many of the

bills were concerned with more than one aspect. It will be noted that a

total of six laws were passed during this period, as stated earlier. Dur-

ing the 93d Congress the Senate also passed one resolution, which sup-

ported the position that the United States should seek the agreement

of other nations to a treaty banning environmental modification as a

weapon of war.

204

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205

It can be seen from the table that congressional activity has often

issues. Thus, in the 1950's and 1960's there were strong attempts to

initiate and support Federal research and/or operational programs,

usually within one or another of several specified departments or agen-

cies. From time to time emphasis has been given to evaluating weather

modification technology and establishing a national policy, usually

: through mandating an in-depth study ; such study was sometimes to be

undertaken by a select committee established for that purpose. In the

1970*3 two thrusts in proposed legislation have dealt with regulating

and or licensing of operations and with reporting weather modifica-

tion activities to the Federal Government, both reflecting increased

concern on the part of large segments of the public about unknown

effects of such operations and about legal and economic ramifications

of increased or decreased precipitation. Obvious too in the 1970's is the

reaction of Congress to public concern about the use of weather modi-

fication as a weapon, as 18 resolutions dealing with that subject were

introduced in both Houses since 1971.

Specific measures of recent years on weather modification, those

introduced in the 94th Congress and the first session of the 95th Con-

gress, are summarized in the following section.

Legislation proposed in the 9J/.th and 95th Congress, 1st session

Proposed legislation and resolutions appearing during the 94th Con-

gress reflected concern over many current problem areas in weather

modification coming into focus today, areas over which it is considered

by many that the Federal Government should have some jurisdiction.

Based upon a number of specific measures introduced during that Con-

gress and the ensuing discussions thereon, there emerged the National

Weather Modification Policy Act of 1976 (Public Law 94-490), which

could be a landmark, in that studies and decisions pursuant to that act

may lead to definition of a clear Federal policy for the first time in

recent years. The bills submitted thus far in the 95th Congress address

some concerns not dealt with in the recent law and may presage stipula-

tions which could conceivably be incorporated into future Federal pol-

icy. Undoubtedly, the 96th Congress will see a greater abundance of

proposed legislation dealing with Federal policy on weather modifica-

tion, following receipt by the Congress of the report from the Secre-

tary of Commerce recommending a national policy and a program of

Federal research and development. 30 Measures introduced during the

94th Congress and the first session of the 95th Congress are summarized

below :

S. 2705. — To provide for a study, within the Department of

Commerce, by a National Weather Modification Commission, of

the research needs for weather modification, the status of current

technologies, the extent of coordination, and the appropriate

responsibility for operations in the field of weather modification.

(Hearing was held Feb. 17, 1976.)

S. 2706. — To authorize and direct the Secretary of Commerce to

plan and carry out a 10-year experimental research program to

SP Public Law 94-490 directs the Secretary of Commerce to conduct a study on weather

modification and to submit a report to the President and the Congress, recommending a na-

tional policy and a program of Federal research and development in weather modification.

34-857—79 16

206

drought prevention by weather modification. Directs the Secre-

tary to appoint an Advisory Board and provides for consulta-

tion with State and local governments starting weather modifica-

tion efforts for drought alleviation. (Hearing was held Feb. 17,

1976.)

a program of assistance to States in preventing and alleviating

drought emergencies. (Hearing was held Feb. 17, 1976.)

H.R. 167. — To prohibit the United States from engaging in

weather modification activities, including cloud seeding and fire

storms, for military purposes. (No action.)

H.R. 274-2. — Directed the Secretaries of Agriculture and Inte-

rior to permit the conduct of weather modification activities, in-

cluding both atmospheric and surface activities and environ-

mental research, which are over, or may affect, areas which are

part of the National Wilderness Preservation System or other

Federal lands. Authorized the respective Secretaries to prescribe

such operating and monitoring conditions as each deems neces-

sary to minimize or avoid long-term and intensive local impact

on the wilderness character of the areas affected. (No action.)

H.R. 4325. — Weather Modification and Precipitation Manage-

ment Act. Authorized the Secretary of the Interior to establish

precipitation management projects in order to augment U.S.

usable water resources. Authorized the Secretary to engage in

operational demonstration projects for potential use in precipita-

tion management programs in certain States and to settle and

pay claims against the United States for injury, death, or losses

resulting from weather modification pursuant to provisions of

this act. (No action.)

H.R. 4338. — Designated specific lands within the Sequoia and

Sierra National Forests, Calif., as the "Monarch Wilderness,"

abolishing the previous classification of the "High Sierra Primi-

tive Area." Directed the Secretary of Agriculture to authorize use

of hydrological devices and to provide for weather modification

activities within such wilderness. (No action.)

H.R. 10039. — Weather Modification Research, Development, and

Control Act of 1975. Directed the Secretary of Commerce to es-

tablish a weather modification research and development pro-

gram to evaluate the specific needs and uses of weather modifi-

cation and directed the Secretary to establish a weather modifica-

tion information system. Prohibited individuals from engaging

in weather modification activities without obtaining a permit from

the Secretary and authorized the President to enter into inter-

national agreements to foster establishment of international sys-

tems for monitoring and regulation of weather modification ac-

tivities. (Joint hearings were held on H.R. 10039 and S. 3383,

June 15-18, 1976 ; no further action on H.R, 10039.)

77. Res, 28. — Expressed the sense of the House of Rep-

resentatives that the U.S. Government should seek agreement with

ot her members of the United Nations on the prohibition of weather

207

no further action.)

H. Res. 103.— Same as H. Res. 28. (No action.)

94th Congress, 2d Session

S. 3383.— National Weather Modification Policy Act. Directed

the Secretary of Commerce to conduct a comprehensive study of

scientific knowledge concerning weather modification and tech-

nology of weather modification. Required the Secretary to prepare

and submit to the President and the Congress a final report on

the findings and conclusions of such study, including a recom-

mended national policy on weather modification. Extended

through fiscal year 1980 appropriation authorization for the

weather modification activities oversight program of the Depart-

ment of Commerce. (Reported to Senate, May 13, 1976, in lieu

of S. 2705, S. 2706, and S. 2707; considered and passed by Sen-

ate, May 21, 1976; hearings held jointly in House subcommittee

on S. 3383 and H.R. 10039, June 15-18, 1976 ; called up under mo-

tion to suspend the rules, considered, and passed by the House,

amended, Sept. 20, 1976; Senate agreed to House amendments,

Sept. 28, 1976; and approved as Public Law 94-490, Oct. 13,

1976.)

H.R. 14S '44- — Extended through fiscal year 1980 appropriations

program of the Department of Commerce. ( No action. )

95th Congress, 1st Session

S. 1938.— To extend the National Weather Modification Policy

Act of 1976 by extending the date for submission of the required

report of the Secretary of Commerce to June 13, 1978. (No action.)

H.R. 4069.— Weather Modification Regulation Act of 1977:

Requires weather modification licenses and permits, establishes

reporting requirements to be administered by the Secretary of

Commerce, and requires the Secretary to establish a weather mod-

ification information system. Authorizes the President to enter

into international agreements to foster establishment of interna-

tional systems for monitoring and regulation of weather modifica-

tion activities. (No action.)

H.R. 4461— Same as H.R. 2742, introduced during 94th Con-

gress, first session. (No action.)

H. Res. 236. — Declares it to be the sense of the House of Repre-

sentatives that the United States should seek an agreement with

other members of the United Nations to prohibit research, experi-

mentation, or the use of weather modification as a weapon. (No

action.) 31

OTHER CONGRESSIONAL ACTIVITIES

Resolutions on toeather modification

As noted earlier, some 22 resolutions related to weather modification

have been introduced over the past 30 years in both Houses of the

Congress. For convenience, data on these resolutions are included along

witli that on proposed legislation in table 1 and in the discussion

31 See ch. 10 for a discussion of the development of 6uch a U.N. convention, opened for

signature in Geneva, May 18. 1977.

208

summaries of weather modification bills appearing during the 94th

and 95th Congresses.

By far, the largest number of weather modification resolutions, 18

in all, have been concerned with barring the use of weather modifica-

tion as a weapon of war. Introduction of such resolutions began during

the 92d Congress in 1971, and, using similar language, they express

the sense of either House or of the Congress that the United States

should seek an agreement with other U.1\ T . members, prohibiting such

use of environmental modification, including weather modification. In

1973. the Senate passed S. Res. 71, which had been intro-

duced by Senator Claiborne Pell. This and other resolutions urging

prohibition of environmental modification for purposes of warfare

were prompted by a series of hearings and communications between

Senator Pell and the Department of Defense on the alleged use of

weather modification technology as a weapon in Vietnam by U.S. mili-

tary forces. 32

Four other weather modification resolutions, introduced in the 1950's

and 1960 ? s, pertained to the undertaking of comprehensive studies on

the subject, either by special committees to be established by the Con-

gress or by departments and/or agencies of the executive branch.

Hearings

Cognizant subcommittees of both Houses have conducted hearings

concerned, at least in part, with Federal weather modification activi-

ties, from time to time and annually, in connection with oversight of

agency programs, authorizing legislation, and annual appropriations.

In addition, more comprehensive hearings on the subject have been

important parts of the legislative activities leading to passage of the

major public laws on weather modification, which have been enacted

since 1953.

Of particular interest in recent years are the extensive hearings con-

ducted during 1976 by the Subcommittee on Oceans and Atmosphere

of the Senate Committee on Commerce 33 and by the Subcommittee on

the Environment and the Atmosphere of the House Committee on

Science and Technology. 34 The documents produced from these hear-

ings contain the testimony of a number of expert witnesses on various

aspects of weather modification as well as reproductions of numerous

pertinent documents which were incorporated into the records of the

hearings. References to documents on other weather modification hear-

ings conducted in recent years are contained in the bibliography of

congressional publications in appendix H.

On October 26, 1977, the Subcommittee on the Environment and the

Atmosphere of the House Committee on Science and Technology con-

ducted a special hearing on the National Weather Modification Policy

Act of 1976 (Public Law 94^90) . Among other witnesses, Mr. Harlan

Cleveland. Chairman of the Commerce Department's Weather Modi-

-' The correspondence and hearings on the use of weather modification as a weapon in

Vietnam and of the development of a U.N. treaty barring environmental modification in war-

far* are discussed among other international aspects of weather modification in ch. 10.

"' ; U.S. Congress, Senate. Committee on Commerce. Subcommittee on Oceans and Atmos-

phere. Atmospheric Research Control Act. hearing. 94th Cong., 2d sess., on S. 2705. S. 2706,

and S 2707. Feb. 17. 1976, Washington, U.S. Government Printing Office, 1976. 297 pp.

M TVS. Congress. House, Committee on Science and Technology, Subcommittee on the En-

vironment and the Atmosphere. Weather modification, hearings, 94th Cong.. 2d sess.. on

TT i: ino?,f> and S. 3383, June 15-18, 1976, Washington, U.S. Government Printing Office,

1976, 524 pp.

209

fication Advisory Board, briefed the subcommittee on progress of the

sive study required by the act and also reported on findings of the

Board to date in a discussion paper which he submitted for the record. 33

Studies and reports by congressional support agencies

In addition to the studies and reports of the executive branch which

were mandated by the Congress through legislation, studies have also

been undertaken on behalf of the Congress by congressional support

agencies on at least three occasions. The present report, requested in

1976 by the Senate Committee on Commerce, was preceded by a similar

study and report requested a decade earlier by the same committee. 36

In 1974, the General Accounting Office (GAO) conducted a critical

review of ongoing Federal research programs in weather modification

and prepared a report to the Congress on the need for a national pro-

gram. 37 A discussion of the findings and recommendations of this GAO

study, along with those of other major Government and non-Govern-

ment studies, is undertaken in a later chapter of this report. 3S

Activities of the Executive Branch

introduction

The executive branch of the Federal Government sponsors nearly

all of the weather modification research projects in the United States,

under a variety of programs scattered through at least six departments

and agencies. The National Atmospheric Sciences Program for 19 7S 39

includes information on specific programs of the Departments of Agri-

culture, Commerce, Defense, and the Interior and of the Energy Re-

search and Development Administration (now part of the Department

of Energy) and the National Science Foundation. In recent years

weather modification research programs were also identified by the De-

partment of Transportation and the National Aeronautics and Space

Administration.

In addition to specific programs sponsored by Federal agencies, there

are other functions relevant to weather modification which are per-

formed in several places in the structure of the executive branch. Vari-

ous Federal advisory panels and committees and their staffs, which

have been established to conduct in-dep>th studies and prepare compre-

hensive reports, to provide advice and recommendations, or to coordi-

35 Cleveland. Harlan, "A U.S. Policy To Enhance the Atmospheric Environment." A dis-

cussion paper by the Weather Modification Advisory Board, Oct. 21, 1977. Submitted as part

of testimonv in hearing: U.S. Congress. House of Representatives, Committee on Science

and Technology. Subcommittee on the Environment and the Atmosphere, "Weather Modi-

fication." 95th Cong., 1st sess., Oct. 26, 1977, Washington, D.C., U.S. Government Printing

Office, 1977, pp. 2-49.

36 U.S. Library of Congress, Legislative Reference Service, "Weather Modification and Con-