Science, and transportation united states senate

to their inquiries. During an April 1972 appearance before the Senate

34 See ch. 7, p. 333, for references to the five meetings and other activities of the North

American Interstate Weather Modification Council.

35 Congressional Record (daily edition) Jan. 20, 1972 : S 507-508.

442

tioned by both Senator Pell and Senator Fulbright about rainmaking

in Vietnam. The Secretary said : "We have never engaged in that type

of activity over Xorth Vietnam." 36

On March 17, 1972, Senator Pell and 15 cosponsors introduced S.

Res. 281, stating the sense of the Senate that the U.S. Government

should seek agreement with other governments to a treaty calling for

the complete cessation of any research, experimentation, and use of

environmental or geophysical modification activity as a weapon of

war. Hearings were held on S. Res. 281 on July 26 and 27, 1972. 37 At

the time the Department of State indicated that they were not in

favor of passage of the resolution and proposed treaty. The State

Department spokesman stated :

* * * we believe that there is at present too much uncertainty about essential

facts and that the factual basis itself is insufficient to make possible any funda-

mental decisions on whether a treaty dealing with military aspects is feasible

and desirable.

It is therefore our conclusion that actions such as those recommended in S. Res.

281 are premature. Accordingly, the Department of State recommends that this

resolution not be adopted. 38

Several other witnesses made comments on the proposed treaty, as

well as commenting on the need for a treaty. Several resolutions on the

subject of a treaty were offered in the House of Representatives during

1972. but no final action was taken in either the House or Senate during

the 92d Congress. S. Res. 281 was endorsed unanimously by the NATO

North Atlantic Assembly on November 21, 1972, indicating a broad

international interest in the subject of an international weather modifi-

cation treaty. 39

On February 22, 1973, Senator Pell introduced S. Res. 71 for himself

and 18 cosponsors. This resolution was identical to S. Res. 281, and after

consideration by the Foreign Relations Committee, was recommended

favorably to the Senate on June 27, 1973 with three amendments. The

amendments indicated that the committee felt the United States should

seek a multilateral treaty, including all the permanent members of the

United Nations Security Council, that the treaty contained in the reso-

lution was only a model, and that the resolution in no way intended to

impede or restrict research or experimentation on use of environmental

modification techniques for peaceful purposes. S. Res. 71 was approved

by the Senate by a vote of 82 to 10 on July 11, 1973. 40

Conoressional activities related to hostile use of weather modification,

1974-76

Tn January and March 1974, Senator Pell's Subcommittee on Oceans

and International Environment of the Senate Foreign Relations Com-

mittee held more hearings "concerning the need for an international

3« Shapley, Deborah, "Rainmaking : Rumored Use Over Laos Alarms Arms Experts. Scien-

tists." Science. .Tune 16. 1972, as reproduced in Congressional Record (daily edition)

Juno IF,. 1972 : S 9555-9556.

T'.S. Congress. Senate, Committee on Foreign Relations. Subcommittee on Oceans

and International Environment, "Prohibiting Militarv Weather Modification." hearings on

S. Ros. 281. 92d Cong., 2d sess., July 26 and 27, 1972, Washington. U.S. Government Print-

ing Office. 1972, 162 pp.

38 Ibid., p. 20.

"M S Congress, Senate. Committee on Foreign Relations, "Eighteenth meeting of the

Atlnntic Assembly," report of the U.S. delegation, committee print, 93d Cong., 1st sess.,

May 11. 1973.

4 " s. Res. 71 reproduced in app. R.

443

agreement prohibiting the use of environmental modification and geo-

noted that since the administration had made no move in 6 months,

the hearing was being held to shed light on the reasons for the delay.

Dining the hearing the State Department spokesman stated :

* * * the Secretary (of State) expressed regret that it was not yet possible to

provide a coordinated executive branch response on S. Res. 71. He assured you

that the matter would be looked into closely to determine how the executive branch

misht be responsive to the resolution's recommendations.

In this regard the President has directed that a study of the military aspects

of weather and other environmental modification techniques be undertaken. Fur-

ther *teps will be determined subsequent to the findings of this study and the re-

view of those findings. 42

At the classified March briefing (later declassified and printed with

the above hearing) the Department of Defense outlined the precipita-

tion enhancement project which took place over Laos, North Vietnam,

and South Vietnam between 1967 and 1972. According to both the De-

partment of Defense spokesman and the Senators present at the hear-

ing, the program was very modest, its success was questionable, and

because of this questionable success, the environmental impact was

most likely negligible.

During 1974 and 1975, the House International Relations Committee

considered several resolutions calling for an international agreement

prohibiting the use of weather modification as a weapon of war. None

of the resolutions passed, but hearings were held during both 1974

and 1975. 43

. On January 21, 1976, the Senate Foreign Relations Committee, Sub-

committee on Oceans and International Environment, held a hearing

which concentrated on executive branch comments on the Draft Con-

vention on the Prohibition of Military or Any Other Hostile Use of

Environmental Modification Techniques which was then being con-

sided by the Conference of the Committee on Disarmament. 44

OTHER CONGRESSIONAL ACTIONS RELATING TO WEATHER MODIFICATION

Senate Concurrent Resolution 67 — U.S. Participation in the World

Weather Program

Senate Concurrent Resolution 67, which passed the Senate, as amend-

ed by the House, on May 29, 1968, made it the sense of the Congress that

the United States should participate in, and give full support to, the

world weather program then being developed under the auspices of the

United Nations. This weather program included the World Weather

Watch, an international system for the observation of the global atmos-

'■ 41 U.S. Congress. Senate. Committee on Foreign Relations. Subcommittee on Oceans and

International Environment. "Weather Modification" hearings : 93d Cong.. 2d sess., Jan. 25

and Mar. 20. 1974. (Top secret hearing held on Mar. 20. 1974; made public on May 19,

1974) Washington, U.S. Government Printing Ofiice, 1974 ; 123 pp.

, 43 U.S. Congress. House. Committee on Foreign Affairs. Subcommittee on International

Organizations and Movements. "Weather Modification as a Weapon of War." hearing, 93d

'Cong.. 2d sess.. Sept. 24. 1974. Washington. U.S. Government Printing Office. 1974; 39

pp. Committee on International Relations. "Prohibition of Weather Modification as a

Weapon of War." hearing. 94th Cong., 1st sess., Julv 29, 1975. Washington, U.S. Govern-

ment Printing Office. 1975. 51 pp.

1 44 U.S. Congress. Senate. Committee on Foreign Relations, Subcommittee on Oceans and

■ International Environment. "Prohibiting Hostile Use of Environmental Modification Tech-

niques." hearing. 94th Cong., 2d sess., Jan. 21, 1976, Washington, U.S. Government Print-

ing Office, 1976, 46 pp.

444

second part of the world weather program was to be the conduct of a

comprehensive program of research for the development of a capability

in long-range weather prediction, and for the "theoretical study and

evaluation of inadvertent climate modification and the feasibility of

international climate modification." 45

National Weather Modification Act of 1976 46

The National Weather Modification Policy Act of 1976 (Public Law

94-490, Oct. 13, 1976) stated as its purpose to "develop a comprehen-

sive and coordinated national weather modification policy and a na-

tional program of weather modification research and development."

This would include the development of "both national and interna-

tional mechanisms designed to minimize conflicts which may rise with

respect to the peaceful uses of weather modification." The law called

for a study which shall include "a review of the international impor-

tance and implications of weather modification activities by the United

States," a review and analysis of the necessity and feasibility of nego-

tiating an international agreement concerning the peaceful uses of

weather modification, and "formation of one or more options for a

model international agreement concerning the peaceful uses of weather

modification and the regulation of national weather modification."

Finally, the law required that the Secretary of Commerce report to

the Congress within 1 year on, among other things, the international

agreement specified above.

In response to this directive from the Congress, the Secretary of

Commerce established the Weather Modification Advisory Board

which has recently begun holding meetings to develop this national

policy and provide the Secretary with information necessary to make

the report to Congress. 47

Senate Resolution J$

Another piece of legislation, Senate Kesolution 49, was introduced

by Senator Pell on January 24, 1977. This resolution, which was also

introduced during 1976, calls upon the President to initiate negotia-

tion of a treaty requiring the preparation of an environmental impact

statement for any activity which may reasonably be expected to have

a significant effect on the environment of other nations or a global

common area. Senator Pell held that a treaty of this sort would insure

that environmental modification activities could not be carried out

without considering the consequences of such activity beyond a na-

tion's own territory. A hearing was held on this resolution by the Sen-

ate Foreign Relations Committee on March 31, 1977, and again on

May 18, 1978.

U.S. Foreign Policy

Congress has shown a growing interest in the development of a

U.S. policy toward international weather modification activities.

However, the executive branch has seemed reluctant to develop such

48 Congressional Record (bound ed.) vol. 114, part 7, Apr. 1, 1968, p. 8419.

46 Text included in app. I.

47 See ch. 5 for discussion of the activities of the Weather Modification Advisory Board.

445

cation technology. The National Weather Modification Policy Act of

1976 (discussed in a previous section) requires that the Secretary of

Commerce suggest a national policy including both domestic and in-

ternational aspects of weather modification. In pursuance of this leg-

islation, the Secretary of Commerce established the Weather Modi-

fication Advisory Board under the chairmanship of Harlan Cleveland

to assist her in developing such a policy. The report of this Board

is expected to be submitted to the Secretary for her approval and sub-

sequent transmittal to the President and the Congress during 1973. 4S

VARIOUS EXECUTIVE BRANCH PROPOSALS

Despite executive branch reluctance to develop a comprehensive

policy in dealing with weather modification, including its interna-

tional aspects, many statements have been made by various executive

branch spokesmen on the subject and many studies encouraging the

United States to develop such a policy have been made. As early as

1961, President John F. Kennedy proposed before the United Nations

further cooperative efforts between all nations in weather prediction

and control, and U.S. financial support for international weather ac-

tivities has been substantial. In the intervening years, additional

statements have been made. These have generally been of a cautious

nature, expressing hope that the technology can be used to help man-

kind, but fearful of its consequences if used foolishly or with mali-

cious intent. On January 26, 1971, Secretary of State William P.

Eogers stated the common theme :

We are anxious to apply weather modification technology, as it becomes op-

erational, to the problems of developing countries. We are also alert to the need

to consider international arrangements to deal with the implications of this new

phenomenon.* 9

During the same year, the National Academy of Sciences, an orga-

nization of distinguished scientists and engineers which has a long and

close relationship with the U.S. Government, prepared a study of the

future of the atmospheric sciences which made the following recom-

mendations to the United States :

The U.S. Government is urged to present for adoption by the United Nations

General Assembly a resolution dedicating all weather modification efforts to

peaceful purposes and establishing, preferably within the framework of inter-

national nongovernmental scientific organizations, an advisory mechanism for

consideration of weather modification problems of potential international con-

cern before they reach critical levels. 50

Again in 1972, in a program proposed by its review panel on weather

and climate modification, the National Academy of Sciences recom-

mended efforts to develop a weather modification program devoted to

peaceful and safe international uses with the proposal of a three-goal

program for U.S. activities. The goals outlined by the panel were:

Completion by 1980 of research to put precipitation control on a

sound basis ;

48 See discussion of activities of the Weather Modification Advisory Board in ch. 5, p. — .

49 Department of State Bulletin, vol. LXIV, No. 1651. Feb. 15. 1971, p. 198.

60 U.S. National Academy of Sciences, Committee on Atmospheric Sciences, "The Atmos-

pheric Sciences and Man's Needs," report, 1971, p. 56.

34-857—79 31

446

Development, in the next decade, of the necessary technology to

Determination by 1980 of the extent of inadvertent modification

both of local weather and of global climate. 51

As early as 1965, the Special Commission on Weather Modification

of the National Science Foundation (a Federal agency) issued a report

on weather and climate modification which included the following

suggestions for the national policy on the international uses of weather

modification :

"The Commission believes that :

"1. It would be highly desirable for the Government of the United

States, in connection with the expansion of its program of weather and

climate modification, to issue a basic statement of its views on the rela-

tionship of this national effort to the interests, hopes, and possible

apprehensions of the rest of the world. Early enunciation of national

policy embodying two main points are recommended :

"(a) That it is the purpose of the United States * * * to pur-

sue its efforts in weather and climate modification for peaceful

ends and for the constructive improvement of conditions of human

life throughout the world ; and

"(b) That the United States, recognizing the interests and con-

cerns of other countries, welcomes and solicits their cooperation,

directly and through international arrangements, for the mutual

achievement of human well-being.

"This cooperation should cover both research and ultimately, opera-

tional programs of interest to other countries. It should be concerned

not only with deliberate, but also inadvertent human interventions in

the atmosphere that affect weather and climate. Such a policy declara-

tion could be issued by the President or appropriately incorporated in

any basic legislation on the subject of weather modification which the

Congress may enact.

"2. Steps should be taken by the United States, in concert with other

nations, to explore the international institutional mechanisms that

may be appropriate to foster international cooperation and cope with

the problems which may be anticipated in the field of weather and

climate modification.

"3. Attention should be given to the question of how greater empha-

sis can be given to atmospheric sciences in existing bilateral and

multilateral programs of education and technical cooperation; and to

what additional measures may be needed to fill this deficiency.

"4. Encouragement should be given to research on the impact of

weather modification measures in foreign countries. The need has been

previously discussed for greater attention to the biological, economic

and social aspects of weather modification in the United States. A

different set of problems may well be encountered in many of the

developing countries where the natural environment and patterns of

oronomic and social life present contrasts to those prevailing in this

country. A greater understanding of the significance of these differ-

ences must precede any attempt to evaluate the suitability of various

" J Sullivan, Walter, "Goals for U.S. Urp;ed on Weather Control," New York Times, Dec. 29,

1972; p. 50.

447

weather and climate modification practices for specific foreign areas

NATIONAL ADVISORY COMMITTEE OX TIIE OCEANS AND ATMOSPHERE

Public Law 92-125, adopted in 1971, established the National Advi-

sory Committee on Oceans and Atmosphere (NACOA). One purpose

of NACOA is to "undertake a continuing review of the progress of the

marine atmospheric science and service programs of the United

States," 53 and the committee was required to submit an annual report

to the President and the Congress. Among the recommendations for

action in its first annual report (1972) were the following which con-

cerned international aspects of weather modification :

International : International agreement should be arrived at and the necessary

institutional arrangements developed to eschew the hostile uses of weather mod-

ification and to investigate changes in the global climate * * *.

NACOA wishes to associate itself with the position taken by the Nation Acad-

emy of Sciences that, in order to safeguard the life-sustaining properties of the

atmosphere for the common benefit of mankind, the U.S. Government is urged Lo

present for adoption by the United Nations General Assembly a resolution dedi-

cating all weather modification efforts to peaceful purposes and establishing,

preferably within the framework of international nongovernmental scientific

organization, an advisory mechanism for consideration of weather-modification

problems of potential international concern before they reach critical levels. 54

After mentioning the subject in intervening reports, the Fifth

NACOA Annual Report of June 19T6 discussed U.S. weather modifica-

tion activities in detail. A 1975 report of a subcommittee of the Domes-

tic Council was cited as an excellent basis for U.S. policy regarding

weather modification activities. 55 Among its recommendations for do-

mestic policy changes, the subcommittee also discussed the importance

of assessing the potential international implications of weather modifi-

cation activities. The Federal weather modification program was criti-

cized for, among other things, its fragmented approach to the prob-

lems and technological developments involved. In discussing the

United States effort in weather modification, NACOA supported this

criticism and added the following paragraph dealing with the interna-

tional weather modification situation :

An important element in the weather modification picture is its international

aspect. The World Meteorological Organization is proceeding with its own plans

for an international weather modification research program, and it is important

that the United States be prepared to participate. There are also international as-

pects to the pursuit of our own program goals. NOAA's Stormfury project, which

studies the effects of intervening in the dynamics of tropical convective storms

and offers hope of a future ability to modify hurricanes, was to be moved from

the Atlantic to the western Pacific for scienific reasons. Objections on the part of

some western Pacific nations prevented this move and it will instead be conducted

in the eastern Pacific and western Atlantic. It is important to the ultimate success

of this effort that we recognize that other nations which might be affected, or

52 "Weather and Climate Modification." report of the Special Commission on Weather

Modification. National Science Foundation. 1965, pp. 27-29.

53 National Advisory Committee on Oceans and Atmosphere. "A Report to the President

and the Congress, " first annual report, June 30, 1972, Washington, U.S. Government Print-

in? Office, 1972, p. 43.

M Ibid., p. 21.

55 "The Federal Role in Weather Modification." a report of the Subcommittee on Climate

Change of the Environmental Resources Committee, Domestic Council, December 1975.

448

pected benefits, the risks involved, and the safeguards proposed. 56

ACTIVITIES IN 197 7

The Weather Modification Advisory Board, established under the

chairmanship of Harlan Cleveland to assist the Secretary of Com-

merce develop a national policy on weather modification, has held sev-

eral meetings during 1977. Its final report to the Secretary of Com-

merce is expected during 1978.

In a reorganization prompted by the new administration, coordina-

tion of international weather modification activities has been placed