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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 517 Reported in Senate (RS)]

                                                       Calendar No. 319
109th CONGRESS
  1st Session
                                 S. 517

                          [Report No. 109-202]

 To establish the Weather Modification Operations and Research Board, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2005

Mrs. Hutchison introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            December 8, 2005

  Reported under authority of the order of the Senate of November 18, 
 2005, by Mr. Stevens, with an amendment and an amendment to the title
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL

 
 To establish the Weather Modification Operations and Research Board, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Weather Modification 
Research and Technology Transfer Authorization Act of 2005''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    It is the purpose of this Act to develop and implement a 
comprehensive and coordinated national weather modification policy and 
a national cooperative Federal and State program of weather 
modification research and development.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Board.--The term ``Board'' means the Weather 
        Modification Advisory and Research Board.</DELETED>
        <DELETED>    (2) Executive director.--The term ``Executive 
        Director'' means the Executive Director of the Weather 
        Modification Advisory and Research Board.</DELETED>
        <DELETED>    (3) Research and development.--The term ``research 
        and development'' means theoretical analysis, exploration, 
        experimentation, and the extension of investigative findings 
        and theories of scientific or technical nature into practical 
        application for experimental and demonstration purposes, 
        including the experimental production and testing of models, 
        devices, equipment, materials, and processes.</DELETED>
        <DELETED>    (4) Weather modification.--The term ``weather 
        modification'' means changing or controlling, or attempting to 
        change or control, by artificial methods the natural 
        development of atmospheric cloud forms or precipitation forms 
        which occur in the troposphere.</DELETED>

<DELETED>SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD 
              ESTABLISHED.</DELETED>

<DELETED>    (a) In General.--There is established in the Department of 
Commerce the Weather Modification Advisory and Research 
Board.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Board shall consist of 11 
        members appointed by the Secretary of Commerce, of whom--
        </DELETED>
                <DELETED>    (A) at least 1 shall be a representative 
                of the American Meteorological Society;</DELETED>
                <DELETED>    (B) at least 1 shall be a representative 
                of the American Society of Civil Engineers;</DELETED>
                <DELETED>    (C) at least 1 shall be a representative 
                of the National Academy of Sciences;</DELETED>
                <DELETED>    (D) at least 1 shall be a representative 
                of the National Center for Atmospheric Research of the 
                National Science Foundation;</DELETED>
                <DELETED>    (E) at least 2 shall be representatives of 
                the National Oceanic and Atmospheric Administration of 
                the Department of Commerce;</DELETED>
                <DELETED>    (F) at least 1 shall be a representative 
                of institutions of higher education or research 
                institutes; and</DELETED>
                <DELETED>    (G) at least 1 shall be a representative 
                of a State that is currently supporting operational 
                weather modification projects.</DELETED>
        <DELETED>    (2) Tenure.--A member of the Board serves at the 
        pleasure of the Secretary of Commerce.</DELETED>
        <DELETED>    (3) Vacancies.--Any vacancy on the Board shall be 
        filled in the same manner as the original 
        appointment.</DELETED>
<DELETED>    (b) Advisory Committees.--The Board may establish advisory 
committees to advise the Board and to make recommendations to the Board 
concerning legislation, policies, administration, research, and other 
matters.</DELETED>
<DELETED>    (c) Initial Meeting.--Not later than 30 days after the 
date on which all members of the Board have been appointed, the Board 
shall hold its first meeting.</DELETED>
<DELETED>    (d) Meetings.--The Board shall meet at the call of the 
Chair.</DELETED>
<DELETED>    (e) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold 
hearings.</DELETED>
<DELETED>    (f) Chair and Vice Chair.--The Board shall select a Chair 
and Vice Chair from among its members.</DELETED>

<DELETED>SEC. 5. DUTIES OF THE BOARD.</DELETED>

<DELETED>    (a) Promotion of Research and Development.--In order to 
assist in expanding the theoretical and practical knowledge of weather 
modification, the Board shall promote and fund research and 
development, studies, and investigations with respect to--</DELETED>
        <DELETED>    (1) improved forecast and decision-making 
        technologies for weather modification operations, including 
        tailored computer workstations and software and new observation 
        systems with remote sensors; and</DELETED>
        <DELETED>    (2) assessments and evaluations of the efficacy of 
        weather modification, both purposeful (including cloud-seeding 
        operations) and inadvertent (including downwind effects and 
        anthropogenic effects).</DELETED>
<DELETED>    (b) Financial Assistance.--Unless the use of the money is 
restricted or subject to any limitations provided by law, the Board 
shall use amounts in the Weather Modification Research and Development 
Fund--</DELETED>
        <DELETED>    (1) to pay its expenses in the administration of 
        this Act, and</DELETED>
        <DELETED>    (2) to provide for research and development with 
        respect to weather modifications by grants to, or contracts or 
        cooperative arrangements, with public or private 
        agencies.</DELETED>
<DELETED>    (c) Report.--The Board shall submit to the Secretary 
biennially a report on its findings and research results.</DELETED>

<DELETED>SEC. 6. POWERS OF THE BOARD.</DELETED>

<DELETED>    (a) Studies, Investigations, and Hearings.--The Board may 
make any studies or investigations, obtain any information, and hold 
any hearings necessary or proper to administer or enforce this Act or 
any rules or orders issued under this Act.</DELETED>
<DELETED>    (b) Personnel.--The Board may employ, as provided for in 
appropriations Acts, an Executive Director and other support staff 
necessary to perform duties and functions under this Act.</DELETED>
<DELETED>    (c) Cooperation With Other Agencies.--The Board may 
cooperate with public or private agencies to promote the purposes of 
this Act.</DELETED>
<DELETED>    (d) Cooperative Agreements.--The Board may enter into 
cooperative agreements with the head of any department or agency of the 
United States, an appropriate official of any State or political 
subdivision of a State, or an appropriate official of any private or 
public agency or organization for conducting weather modification 
activities or cloud-seeding operations.</DELETED>
<DELETED>    (e) Conduct and Contracts for Research and Development.--
The Executive Director, with the approval of the Board, may conduct and 
may contract for research and development activities relating to the 
purposes of this section.</DELETED>

<DELETED>SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS 
              AND RESEARCH BOARD.</DELETED>

<DELETED>    The heads of the departments and agencies of the United 
States and the heads of any other public or private agencies and 
institutions that receive research funds from the United States shall, 
to the extent possible, give full support and cooperation to the Board 
and to initiate independent research and development programs that 
address weather modifications.</DELETED>

<DELETED>SEC. 8. FUNDING.</DELETED>

<DELETED>    (a) In General.--There is established within the Treasury 
of the United States the Weather Modification Research and Development 
Fund, which shall consist of amounts appropriated pursuant to 
subsection (b) or received by the Board under subsection (c).</DELETED>
<DELETED>    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to the Board for the purposes of carrying out the 
provisions of this Act $10,000,000 for each of fiscal years 2005 
through 2014. Any sums appropriated under this subsection shall remain 
available, without fiscal year limitation, until expended.</DELETED>
<DELETED>    (c) Gifts.--The Board may accept, use, and dispose of 
gifts or donations of services or property.</DELETED>

<DELETED>SEC. 9. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act shall take effect on October 1, 2005.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weather Modification Research and 
Development Policy Authorization Act of 2005''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to develop and implement a 
comprehensive and coordinated national weather modification research 
policy and a national cooperative Federal and State program of weather 
modification research and development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Weather 
        Modification Research Advisory Board.
            (2) Research and development.--The term ``research and 
        development'' means theoretical analysis, exploration, 
        experimentation, and the extension of investigative findings 
        and theories of a scientific or technical nature into practical 
        application for experimental and demonstration purposes, 
        including the experimental production and testing of models, 
        devices, equipment, materials, and processes.
            (3) Weather modification.--The term ``weather 
        modification'' means the purposeful or inadvertent changing or 
        controlling, or attempting to change or control, by artificial 
        methods, the natural development of atmospheric cloud forms or 
        precipitation forms which occur in the troposphere.

SEC. 4. WEATHER MODIFICATION SUBCOMMITTEE.

    (a) Establishment.--The Director of the Office of Science and 
Technology Policy shall establish a Weather Modification Subcommittee 
to coordinate a national research program on weather modification.
    (b) Membership.--The Weather Modification Subcommittee shall 
include representatives from appropriate Federal agencies, including 
the National Oceanic and Atmospheric Administration, the National 
Science Foundation, and the National Aeronautics and Space 
Administration.
    (c) Chairs of the Weather Modification Subcommittee.--A 
representative from the National Oceanic and Atmospheric Administration 
and a representative from the National Science Foundation shall serve 
together as co-chairs of the Weather Modification Subcommittee.
    (d) Implementation Plan.--Not later than 180 days after the date of 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall develop and submit to Congress a plan for 
coordinated Federal activities under the national research program 
under subsection (a) and the plan shall--
            (1) for a 10-year period beginning in the year it is 
        submitted, establish the goals and priorities for Federal 
        research that most effectively advances scientific 
        understanding of weather modification;
            (2) describe specific activities required to achieve such 
        goals and priorities, including funding of competitive research 
        grants, training and support for scientists, and participation 
        in international research efforts;
            (3) identify and address, as appropriate, relevant programs 
        and activities of the Federal agencies and departments that 
        would contribute to the program;
            (4) consider and use, as appropriate, reports and studies 
        conducted by Federal agencies and departments, and other expert 
        scientific bodies, including the National Research Council 
        report on Critical Issues in Weather Modification Research;
            (5) make recommendations for the coordination of program 
        activities with weather modification activities of other 
        national and international organizations;
            (6) incorporate recommendations from the Weather 
        Modification Research Advisory Board; and
            (7) estimate Federal funding for research activities to be 
        conducted under the program described in subsection (a).
    (e) Program Scope.--The national research program under subsection 
(a) may include the following activities related to weather 
modification:
            (1) Interdisciplinary research and coordination of research 
        and activities to improve understanding of processes relating 
        to weather modification, including--
                    (A) cloud modeling;
                    (B) cloud seeding;
                    (C) improving forecast and decision-making 
                technologies;
                    (D) related severe weather research; and
                    (E) potential adverse affects of weather 
                modification.
            (2) Coordination with relevant organizations that engage in 
        weather modification research.
            (3) Development through partnerships among Federal 
        agencies, States, and academic institutions of new technologies 
        and approaches for weather modification.
            (4) Scholarships and educational opportunities that 
        encourage an interdisciplinary approach to weather 
        modification.
    (f) Annual Report on Activities.--Beginning with the first year 
occurring more than 24 months after the date of enactment of this Act, 
the Director of the Office of Science and Technology Policy shall 
prepare and submit to the President and Congress not later than January 
31st of each year an annual report on the activities conducted pursuant 
to this section during the preceding fiscal year, including--
            (1) a summary of the achievements of Federal weather 
        modification research, including Federally supported external 
        research, during the preceding fiscal year;
            (2) an analysis of the progress made toward achieving the 
        goals and objectives of the plan developed under subsection 
        (d), including the identification of trends;
            (3) a copy or summary of the plan and any changes made to 
        the plan;
            (4) a summary of agency budgets for weather modification 
        activities for the preceding fiscal year;
            (5) any recommendations regarding additional action or 
        legislation that may be required to assist in achieving the 
        purposes of this Act;
            (6) a description of the relationship between research 
        conducted on weather modification and research conducted 
        pursuant to the Global Change Research Act of 1990 (15 U.S.C. 
        2921 et seq.), as well as research on weather forecasting and 
        prediction; and
            (7) a description of any potential adverse consequences on 
        life, property, or water resource availability from weather 
        modification efforts, and any suggested means of mitigating or 
        reducing such consequences if such efforts are undertaken.

SEC. 5. WEATHER MODIFICATION RESEARCH ADVISORY BOARD ESTABLISHED.

    (a) Establishment.--There is established in the Office of Science 
and Technology Policy the Weather Modification Research Advisory Board 
to make recommendations to the Weather Modification Subcommittee on 
matters related to weather modification.
    (b) Membership.--
            (1) Composition.--The Board shall consist of 9 members, 
        each with a field of expertise in atmospheric science or civil 
        engineering relevant to weather modification, and appointed by 
        the Director of the Office of Science and Technology Policy as 
        follows:
                    (A) At least 1 member shall be a representative of 
                the American Meteorological Society.
                    (B) At least 1 member shall be a representative of 
                the American Society of Civil Engineers.
                    (C) At least 1 member shall be a representative of 
                the National Academy of Sciences.
                    (D) At least 1 member shall be a representative of 
                institutions of higher education or research institutes 
                with experience in the field.
                    (E) At least 1 member shall be a representative of 
                a State organization that is currently supporting 
                operational weather modification projects.
            (2) Tenure.--A member of the Board shall serve at the 
        pleasure of the Director of the Office of Science and 
        Technology Policy.
            (3) Vacancies.--Any vacancy on the Board shall be filled in 
        the same manner as the original appointment.
    (c) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Board have been appointed, the Board shall 
hold its first meeting.
    (d) Meetings.--The Board shall meet at the call of the Chair.
    (e) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Chair and Vice Chair.--The Board shall select a Chair and Vice 
Chair from among its members.
    (g) Duties of the Board.--The duties of the Board shall include the 
following:
            (1) Advising the Weather Modification Subcommittee on 
        recommendations concerning legislation, policies, 
        administration, research, and other matters related to weather 
        modification.
            (2) In order to assist in expanding the theoretical and 
        practical knowledge of weather modification, the Board shall 
        advise the Weather Modification Subcommittee on the research 
        and development, studies, and investigations with respect to--
                    (A) potential uses of technologies and observation 
                systems for weather modification research; and
                    (B) assessments and evaluations of the efficacy of 
                weather modification, both purposeful, including cloud-
                seeding operations, and inadvertent, including downwind 
                effects and anthropogenic effects.
    (h) Powers of the Board.--The Board may conduct public meetings, 
gather information, and issue reports.

SEC. 6. COOPERATION WITH THE WEATHER MODIFICATION SUBCOMMITTEE.

    The heads of the departments and agencies of the United States and 
the heads of any other public or private agencies and institutions that 
receive research funds from the United States related to weather 
modification shall, to the extent possible, give full support and 
cooperation to the Weather Modification Subcommittee.

            Amend the title so as to read: ``To establish a coordinated 
        national weather modification research and development program, 
        and for other purposes''.

                                                       Calendar No. 319

109th CONGRESS

  1st Session

                                 S. 517

                          [Report No. 109-202]

_______________________________________________________________________

                                 A BILL

 To establish the Weather Modification Operations and Research Board, 
                        and for other purposes.

_______________________________________________________________________

                            December 8, 2005

      Reported with an amendment and an amendment to the titleD23/
```