of weather modification are feasible and under what conditions. And there is already evidence that we may now be able to increase or redistribute precipitation from some types of cloud and storm systems by seeding techniques.

The Department of Commerce strongly believes that the time is at hand for the United States to move ahead vigorously in weather modification research and development to seek to open up this new area of scientific opportunity as rapidly as possible. The provisions of S. 373 are clearly an expression of this same view. If enacted into law, it would furnish a strong impetus for the rapid mounting of a national program of weather modification research. For this reason the Department favors its enactment.

While the Department of Commerce favors the enactment of S. 373, it wishes to make several comments and recommendations for amendment. The most important concerns Sec. 201(a), which authorizes the Secretary of Commerce to carry out a comprehensive program in the field of weather modification, and upon request to furnish technical assistance and information in the field of weather modification to other Federal departments and agencies. It should be kept in mind that weather modification is not a unitary concept. It has many aspectsdissipation of hurricanes and other severe storms, the augmentation and redistribution of precipitation, the suppression of hail, the suppression of lightning, the dissipation of fog. There is much science and technology that is common to these various aspects, and the Department construes subsection (a) (1) as authorizing the Secretary to mount a broad program designed to advance the common science and technology of weather modification for all Federal departments and agencies with an interest in one or another aspect. This construction of the bill is supported by Sec. 101 (b) (2), which calls for the weather modification activities of the United States to be conducted with full consideration of "the mutual dependence of weather modification, weather forecasting, climatology, and other aspects of atmospheric sciences and meteorological services." Weather forecasting, climatology, the atmospheric sciences, and meteorological services have long been paramount concerns of the Department of Commerce.

The Department of Commerce has the following additional comments and recommendations on the text of the bill which would make it similar to H.R.

9212:

Sec. 101(b) (6). Delete the word "meteorology," in line 4, page 3.
Reason: It is contained in the term "atmospheric sciences."

Sec. 102 (b). In line 23, page 3, add the word "systematic" after the words "and the" and before the words "use of devices." Delete the words "primarily designed" in line 24, page 3 and substitute the words "with intent."

Reasons: To exclude the implication that the term "operational activities" may include R&D activities. It is considered that the words "systematic" and "with intent" emphasize the deliberate planning envisioned in operational activities. Sec. 201(d). Historically, the Department of Health, Education, and Welfare has been concerned with the biological effects on man of air pollution and other aspects of inadvertent weather modification. It has looked to the Department of Commerce to study and provide it with information on the effects of pollution and urbanization on weather and climate and has provided support to this effort. This Department construes the bill as not affecting the traditional roles and relationships of the two departments in this area.

Sec. 203. Delete the words "section 201" in lines 6 and 8, page 7 and substitute therefor the words "this Act."

Reason: The words "section 201" are unduly restrictive in that the heads of Federal agencies have responsibilities under the Act other than those set out in section 201, e.g., conducting investigations under sec. 304.

Sec. 205 (a). In the title of this section delete the word "Commercial" in line 7, page 8 and substitute the word "Non-Federal."

Reason: This section will include non-Federal agencies other than commercial such as private institutions doing research work.

Sec. 205 (a). In lines 10 and 11, page 8 delete the words "private business concerns" and substitute the words "any person or persons."

Reason: The words "private business concerns" are too restrictive. Under section 1 of title 1 U.S.C. the substituted words "any person or persons" would include corporations, companies, associations, firms, partnerships, societies and joint stock companies, as well as individuals.

Sec. 205 (a). In lines 12 and 13, page 8 after the words "cooperative agreement, grant, or other transaction" add the words "with agencies of the Federal Government."

Reason: The words "with agencies of the Federal Government" are needed to qualify the person or persons exempted from section 205(a).

Sec. 205. It is recommended that the following additional subsections be added:

"Sec. 205 (b) (1). The Secretary of Commerce may obtain from any person or persons by regulation, subpoena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping of and furnishing such reports and records, and may make such inspections of the books, records, and other writings and premises or property of any person or persons as may be deemed necessary or appropriate by him to provide comprehensive data for the studies and investigations to be carried out under this Act, including data as to the nature and result of all weather modification activities (including research) carried out or intended to be carried out by such person or persons, but this authority shall not be exercised if adequate and authoritative data are available from any Federal agency. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Secretary, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

"(2). The production of a person's books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpoena, or other document issued with respect thereto, such person furnished the Secretary with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the Secretary as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

"(c). Any person who willfully performs any act prohibited or willfully fails to perform any act required by subsections (a) and (b) above, or any regulation issued thereunder, shall upon conviction be fined not more than $500."

Reason: Under Sec. 401 of S. 373 the present authority of NSF (44 U.S.C. 1872) to require reports on private weather modification activities being conducted throughout the United States would be repealed and not replaced. The additional subsections would preserve the substance of the present NSF authority to require such reports. It is considered necessary to preserve this authority for the following reasons:

(a) During its first year of experience under regulations requiring reports, etc., NSF received approximately 160 notifications of weather modification activities. Analysis of these notifications will enable the Federal Government to evaluate the results of private weather modification activities. It will also disclose the nature of weather modification activities, e.g., hail, snow or fog and their effectiveness;

(b) These notifications will also provide an excellent record of how much silver iodide is put into the atmosphere by private sources. This information could be of potential value in air pollution studies;

(c) The notifications have been of great value in checking on the validity of other experiments in the same area;

(d) The information contained in these reports will be essential to conducting the investigations required under Sec. 304 and other places in this Bill. The sanction proposed in the last subsection will aid enforcement of any regulations issued under this section of the bill.

Sec. 205(b). Should be renumbered sec. 205(d). In lines 19 and 20, page 8 of the bill the words "representatives of such business concerns" have been deleted and the words "any person or persons concerned in weather modification activities or research" substituted therefor.

Reason: As set out above under sec. 205 (a).

Sec. 302 (b). It is recommended that this subsection be deleted.

Reason: It merely reiterates current practice between the State Department and other Federal agencies and is unnecessary.

Sec. 303 (a) and (b). It is recommended that this section and its title be deleted.

Reason: At present there are no restrictions such as those proposed in section 303 (a) and (b), on Federal agencies for conducting weather modification research or development activities or for conducting operational activities. It is considered that the procedures suggested in section 303(a) and section 303(b) are unduly restrictive at this time. Such restrictions should be withheld pending the completion of the studies authorized under sec. 205 and sec. 304.

We have been advised by the Bureau of the Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program.

Sincerely,

BURT W. ROPER (For Robert E. Giles, General Counsel).

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,
U.S. Senate, Washington, D.C.

July 5, 1967.

DEAR MR. CHAIRMAN: This letter is in response to your request of January 23, 1967, for a report on S. 373, a bill "To provide for a weather modification program."

The bill would authorize the Secretary of Commerce to carry out a comprehensive program in the field of weather modification, including a specific program for control or modification of tornadoes, hurricanes, and other severe storms, and to provide technical assistance to other agencies upon request. The Secretaries of Interior, Agriculture, Health, Education, and Welfare, the Administrator of the Federal Aviation Agency, and the National Science Foundation would be authorized to carry out programs of weather modification relating to other matters within the spheres of competence of their respective agencies. This Department would be authorized to carry out a program in the aspects of weather modification relating to the control of air pollution and other similar deleterious effects of urbanization upon the composition of the atmosphere. The President would have overall authority for coordination and planning of Federal Government weather modification activities.

The bill also would require the President to transmit a written report to the Congress in January of each year giving a description of each Federal Agency's activities and accomplishments in weather modification during the preceding fiscal year, an analysis of recommended expenditures for all authorized weather modification activities during the succeeding fiscal year, a description of nonFederal weather modification activities and those carried out by foreign countries, and any recommendations the President may have for additional legislation. The bill would require the President to notify the Speaker of the House of Representatives, the President of the Senate, and the appropriate committees of each house, before any Federal agency conducts any weather modification activity (for research or experimental purposes) which is intentionally designed in whole or in part to affect the atmosphere more than one hundred and fifty miles from the source of the activity.

In addition, the bill would require prior Congressional approval enacted into law before any Federal agency could conduct, directly or indirectly, any weather modification operational activities, which are defined as "the construction and the use of devices and systems for weather modification primarily designed to achieve a planned and continuing substantial result of social, economic, commercial, biological, or medical significance."

On the other hand, the bill would not provide for regulation of non-Federal weather modification activities. It would merely authorize the Secretary of Commerce to issue regulations governing the weather modification activities of private business concerns which conflict with or impede any Federal activities, and to encourage compliance with these regulations. No sanctions would be provided for noncompliance.

The bill would provide for a study of the need for regulation of weather modification activities and for a report to the Congress within a year after enactment of the bill giving recommendations for additional legislation concerning such regulation and its enforcement.

Appropriations of $12,000,000 for fiscal year 1967, $30,000,000 for fiscal 1968. and $40,000,000 for fiscal year 1969 would be authorized to carry out the provisions of S. 373.

As far as this Department is concerned, we read this bill as not requiring any program of weather modification on our part except as it may become necessary or desirable in the context of our broad responsibilities in the prevention and control of air pollution under the Clean Air Act.

From the point of view of the Department, then, we would have no objection to enactment of this bill. On the other aspects of S. 373, we defer to the judgment of those agencies more directly concerned.

We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely,

WILBUR J. COHEN,

Under Secretary.

OFFICE OF THE SECRETARY OF TRANSPORTATION,
Washington, D.C., September 20, 1967.

Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This letter is in reply to your request for the views of this Department with respect to S. 373, a bill "To provide for a weather modification program."

The bill establishes general policy with respect to the development of a comprehensive program in weather modification and authorizes various Federal departments and agencies to carry out weather modification activities in specific areas. In the case of the Federal Aviation Agency (now Administration), the bill authorizes the conduct of a program for the effective dispersal of fog and cloud cover interfering with airport operations or air transportation in the United States. The Department has no objection to enactment of this legislation, if amended as set forth below.

The authority to conduct research and development in fog and cloud dispersal, which section 201 (e) (1) of S. 373 would assign to the FAA, involves the areas of weather modification that currently hold the most promise for some benefit to aviation safety. Since fog and other weather conditions can adversely affect the safe and efficient use of ground and water transportation fully as much as it does air transportation, we recommend that the authority under section 201 (e) be vested in the Secretary of Transportation. We think that limiting DOT to fog and cloud dispersal activities, as section 201 (e) would do, is too restrictive. Because of the broader implications of weather on transportation, we would recommend that section 201 (e) be amended to read: "The Secretary of Transportation is authorized to:

"(1) carry out a program for the effective and beneficial dispersal of fog and cloud cover interfering with air, ground, or water transportation. "(2) conduct operational weather modification activities that the Secretary considers desirable in the interest of safety in transportation."

DOT would, of course, not attempt to undertake any far reaching weathermodification without full and proper coordination within the executive branch as provided in Title III of the bill, or any weather modification that is not directly related to transportation safety.

We also recommend deletion of the reference to the United States in section 201 (e) (1). Particularly if that term were interpreted to include only the fifty states, we believe that section 201 (e) (1) would be too restrictive.

We have been advised by the Bureau of the Budget that there would be no objection to the submission of this report from the standpoint of the Administration's program.

Sincerely,

JOHN L. SWEENEY,

Assistant Secretary for Public Affairs.

Hon. WARREN G. MAGNUSON,

OFFICE OF THE DEPUTY ATTORNEY GENERAL,
Washington, D.C., October 10, 1967.

Chairman, Senate Commerce Committee,
U.S. Senate, Washington, D.C.

DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 373, a bill "To provide for a weather modification program."

Based on a Congressional finding that it is the policy of the United States to develop, encourage, and maintain a comprehensive and coordinated program of weather modification, S. 373 would authorize the Secretaries of Commerce, Interior, Agriculture, Health, Education, and Welfare, the Administrator of the Federal Aviation Agency and the National Science Foundation to conduct activities in the field of weather modification, including measures to control or modify tornadoes, hurricanes, and other severe storms. The President would be charged with direction and coordination of the program.

Before any Federal agency conducts a weather modification activity which involves the atmosphere more than 150 miles from the source of activity it would be required that the President transmit a written report containing a full and complete statement regarding it to the Congress. Any Federal agency contemplating weather modification operational activity involving construction to obtain a planned and continuing result would be required to await the approval of Congress, enacted into law, before taking action.

Section 204 provides for public access to information developed by an agency in the performance of its functions, except "(1) information authorized or required by statute to be withheld and (2) information classified in accordance with law to protect the national security." It is assumed that the language of phrase (1) would make applicable any relevant statute governing the release or withholding of official information, including the recently enacted Public Records Statute, Public Law 89-487. The effect of that statute is to authorize withholding of certain kinds of information "specifically exempted from disclosure by statute" and information specifically required by Executive order to be kept secret in the interest of the "national defense or foreign policy." In addition, phrase (2) in section 204 would except information classified to protect the national security, irrespective of whether it involves national defense or foreign policy secrets. Such provision appears to be consistent with the Congressional policy expressed in the legislative history of Public Law 89-487.

Section 205 (a) authorizes the Secretary of Commerce to issue regulations governing certain weather modification activities of private business concerns "not engaging in such activities pursuant to contract, lease, cooperative agreement, grant, or other transaction." The intent is apparently to limit these regulations to concerns other than those acting pursuant to arrangements with a Federal agency under section 202(4). We suggest clarification of section 205 (a) by rephrasing it as follows:

"Sec. 205. (a) The Secretary of Commerce is authorized, after notice and opportunity for a hearing, to issue regulations governing the weather modification activities of private business concerns, engaging in such activities otherwise than pursuant to contract, lease, cooperative agreement, grant, or other transaction with any Federal agency, which conflict with or impede any activities conducted under this Act, and to encourage compliance by such business concerns with such regulations."

It may be noted that section 205 (a) in conferring rulemaking authority upon the Secretary of Commerce requires "notice and opportunity for a hearing." This goes beyond the pertinent provisions of the Administrative Procedure Act, now contained among the provisions of section 553 (c) of title 5, United States Code, which state that "After notice required by this section, the agency shall give interested persons an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation."

The Department of Justice has no objection to enactment of this legislation with the changes suggested, but defers on the policy considerations to the agencies charged with the implementation of the bill.

The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program.

Sincerely,

WARREN CHRISTOPHER, Deputy Attorney General.