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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Weather Modification Research and
Technology Transfer 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 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 Advisory and Research Board.
(2) Executive director.--The term ''Executive Director''
means the Executive Director of the Weather Modification
Advisory and Research Board.
(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.
(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.

SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD ESTABLISHED.

(a) In General.--There is established in the Department of Commerce
the Weather Modification Advisory and Research Board.
(b) Membership.--
(1) In general.--The Board shall consist of 11 members
appointed by the Secretary of Commerce, of whom--
(A) at least 1 shall be a representative of the
American Meteorological Society;
(B) at least 1 shall be a representative of the
American Society of Civil Engineers;
(C) at least 1 shall be a representative of the
National Academy of Sciences;
(D) at least 1 shall be a representative of the
National Center for Atmospheric Research of the
National Science Foundation;
(E) at least 2 shall be representatives of the
National Oceanic and Atmospheric Administration of the
Department of Commerce;
(F) at least 1 shall be a representative of
institutions of higher education or research
institutes; and
(G) at least 1 shall be a representative of a State
that is currently supporting operational weather
modification projects.
(2) Tenure.--A member of the Board serves at the pleasure
of the Secretary of Commerce.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(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.
(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.

SEC. 5. DUTIES OF THE BOARD.

(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--
(1) improved forecast and decisionmaking technologies for
weather modification operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
modification, both purposeful (including cloud-seeding
operations) and inadvertent (including downwind effects and
anthropogenic effects).
(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--
(1) to pay its expenses in the administration of this Act;
and
(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.
(c) Report.--The Board shall submit to the Secretary of Commerce
biennially a report on its findings and research results.

SEC. 6. POWERS OF THE BOARD.

(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.
(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.
(c) Cooperation With Other Agencies.--The Board may cooperate with
public or private agencies to promote the purposes of this Act.
(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.
(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
purpose described in section 2.

SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS AND
RESEARCH BOARD.

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.

SEC. 8. FUNDING.

(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).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Board for the purposes of carrying out this Act
$10,000,000 for each of fiscal years 2006 through 2015. Any sums
appropriated under this subsection shall remain available, without
fiscal year limitation, until expended.
(c) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
[A]: Weather Modification Research and Technology Transfer Authorization Act of 2005 - Establishes in the Department of Commerce the Weather Modification Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects).

Establishes within the U.S. Treasury the Weather Modification Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies.

[Q]: SEC. 1. SHORT TITLE.

This Act may be cited as the ''Postal Service Enhancement Act''.

TITLE I--RATEMAKING FLEXIBILITIES

SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.

Section 102 of title 39, United States Code, is amended by striking
''and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting a semicolon, and by adding at the end
the following:
''(5) 'competitive product' refers to any postal product
which the Postal Rate Commission has determined, based on
appropriate economic factors prescribed by the Commission,
competes for business in a competitive market; and
''(6) 'noncompetitive product' refers to any postal product
that is not a competitive product.''.

SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.

(a) Current Ratemaking Procedures Cease To Apply With Respect to
Competitive Products.--Section 3622(a) of title 39, United States Code,
is amended by adding at the end the following: ''This section shall
apply only in the case of noncompetitive products.''.
(b) Prohibition on Subsidizing Competitive Products.--Section
3622(b) of title 39, United States Code, is amended by striking ''and''
at the end of paragraph (8), by redesignating paragraph (9) as
paragraph (10), and by inserting after paragraph (8) the following:
''(9) the requirement that no rate or fee for a
noncompetitive product shall subsidize any rate or fee for a
competitive product; and''.

SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS
INCREMENTALLY.

Section 3624 of title 39, United States Code, is amended by adding
at the end the following:
''(e) If a request made by the Postal Service under section 3622
proposes that one or more rates of postage or fees for postal services
be changed incrementally, the recommended decision of the Commission
may include provisions responsive to that proposal.''.

SEC. 104. NEGOTIATED SERVICE AGREEMENTS.

Title 39, United States Code, is amended by inserting after section
3642 the following:
''Sec. 3643. Negotiated service agreements
''(a) The Postal Service may enter into negotiated service
agreements with mail users under this section and in accordance with
the policies of this title.
''(b) A negotiated service agreement may not be entered into unless
each of the following conditions is met:
''(1) The agreement can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The Postal Service remains willing and able to enter
into similar negotiated service agreements with other similarly
situated mail users (determined without regard to size).
''(3) Rates and fees payable during the term of the
negotiated service agreement are reasonably calculated to yield
to the Postal Service total revenues (after taking into account
any costs avoided, and any additional costs incurred, by the
Postal Service pursuant to the agreement) at least equal to the
revenues that would be generated over that same period of time
by application of the rate or rates chargeable under the
classification or classifications of mail service most similar
to the services performed under the agreement.
''(c) A negotiated service agreement that involves one or more
noncompetitive products shall not become effective unless the Postal
Rate Commission first certifies, in accordance with such expedited
procedures as the Commission shall by regulation establish, that the
agreement meets the requirements of this section. Certifications under
this subsection may, notwithstanding section 3628, be appealed to any
court of appeals of the United States.
''(d) For purposes of this section, the term 'negotiated service
agreement' means an agreement between a mail user and the Postal
Service requiring performance by the mail user, the Postal Service, or
both, of any combination of activities that, with respect to one or
more classes of mail, differs significantly from those that would
otherwise apply.''.

SEC. 105. COMPETITIVE PRODUCTS.

Subchapter II of chapter 36 of title 39, United States Code, is
amended by adding at the end the following:
''Sec. 3630. Competitive products
''(a) The Postal Service may offer competitive products under this
section and in accordance with the policies of this title.
''(b) A competitive product may not be offered unless each of the
following conditions is met:
''(1) The product can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The rates or fees for the product--
''(A) comply with the factors specified in section
3622(b); and
''(B) are not subsidized by any rates or fees for
noncompetitive products.
''(c)(1) Interested parties who believe the Postal Service is
offering a competitive product which does not conform to the policies
set out in this title may lodge a complaint with the Postal Rate
Commission in such form and in such manner as it may prescribe. The
Commission may, in its discretion, hold hearings on such complaint and
may issue an order providing for such interim relief as the Commission
considers appropriate. The Commission shall issue an order deciding the
complaint as expeditiously as possible.
''(2) The Postal Service shall comply with orders of the Commission
under this subsection. Such orders may, notwithstanding section 3628,
be appealed to any court of appeals of the United States.
''(3) Section 3662 shall not apply to complaints relating to
competitive products.''.

SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.

(a) The heading for section 3622 of title 39, United States Code,
is amended to read as follows:
''Sec. 3622. Rates and fees for noncompetitive products''.
(b) The table of sections for chapter 36 of title 39, United States
Code, is amended--
(1) by striking the item relating to section 3622 and
inserting the following:

''3622. Rates and fees for noncompetitive products.'';
(2) by adding after the item relating to section 3629 the
following:

''3630. Competitive products.''; and
(3) by inserting after the item relating to section 3642
the following:

''3643. Negotiated service agreements.''.

SEC. 107. SAVINGS PROVISIONS.

(a) Postal Products; Rates and Fees.--Until otherwise provided in
accordance with title 39, United States Code (as amended by this title
or as deemed to have remained in effect under subsection (b), as the
case may be)--
(1) all postal products offered immediately before this Act
takes effect shall continue being offered; and
(2) all rates and fees in effect under such title
immediately before this Act takes effect shall remain in
effect.
(b) Proceedings Pending.--This title shall not affect any
proceedings pending immediately before the date of enactment of this
Act, and any such proceedings shall continue under applicable
provisions of title 39, United States Code, as last in effect before
such date of enactment, until completed or terminated in accordance
therewith.

TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT

SEC. 201. ESTABLISHMENT.

There is established a commission to be known as the ''National
Commission on Postal Efficiency and Enhancement'' (hereinafter in this
title referred to as the ''Commission'').

SEC. 202. FUNCTIONS OF THE COMMISSION.

The Commission shall review the present practices and
organizational structure of the United States Postal Service, with a
view toward identifying--
(1) areas of inefficiency or waste; and
(2) methods for improving operations involved in the
collection, processing, or delivery of mail.

SEC. 203. MEMBERSHIP.

(a) Number and Appointment.--The Commission shall be composed of 8
members appointed by the President, except that of those members--
(1) 2 shall be appointed from among individuals recommended
by the majority leader of the Senate; and
(2) 2 shall be appointed from among individuals recommended
by the Speaker of the House of Representatives.
(b) Qualifications.--An individual appointed to serve on the
Commission shall have expertise in mail delivery, organizational
efficiency, labor relations, or other relevant subject areas.
(c) Initial Appointments.--It is the sense of the Congress that the
members of the Commission should be appointed within 90 days after the
date of enactment of this Act.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President.
(e) Pay.--Members shall be paid at a rate to be established by the
President, not to exceed the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code.

SEC. 204. ADMINISTRATION.

(a) In General.--The Chairman of the Commission shall exercise the
executive and administrative functions of the Commission, and may
appoint such staff as may be necessary for the operation of the
Commission.
(b) Information From Agencies.--The Commission may secure from any
department, agency, independent establishment, or other instrumentality
of the United States, any information necessary to enable it to carry
out its functions under this title. Upon receiving a request under the
preceding sentence, the head of the instrumentality involved shall, to
the extent authorized by law, furnish such information directly to the
Commission.

SEC. 205. REPORTING REQUIREMENTS.

The Commission shall transmit to the President and the Congress,
within 2 years after the date of enactment of this Act, a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any legislation or
administrative actions which the Commission considers appropriate.

SEC. 206. TERMINATION.

The Commission shall terminate as of the date on which the work of
the Commission has been completed.

TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION

SEC. 301. ENHANCED AUTHORITIES.

Section 3604 of title 39, United States Code, is amended by adding
at the end the following:
''(f)(1) Any Commissioner of the Postal Rate Commission, any
administrative law judge appointed by the Commission under section 3105
of title 5, and any employee of the Commission designated by the
Commission, may administer oaths, examine witnesses, take depositions,
and receive evidence.
''(2) The Chairman of the Commission, any Commissioner designated
by the Chairman, and any administrative law judge appointed by the
Commission under section 3105 of title 5 may, with respect to any
proceeding conducted by the Commission under this title--
''(A) issue subpoenas requiring the attendance and
presentation of testimony, or the production of documentary or
other evidence in the possession, of any covered individual;
and
''(B) order the taking of depositions or responses to
written interrogatories by a covered individual.
''(3) In the case of contumacy or failure to obey a subpoena or
order issued under this subsection, upon application by the Commission,
the district court of the United States for the district in which the
person to whom the subpoena or order is addressed resides or is served
may issue an order requiring such person to appear at any designated
place to testify or produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
''(4) For purposes of this subsection, the term 'covered
individual' means an officer or employee or agent of the Postal Service
or of a contractor of the Postal Service.
''(g)(1) If the Postal Service determines that any testimony,
document, or other matter provided pursuant to a subpoena or order
issued under subsection (f), or otherwise provided by the Postal
Service to the Postal Rate Commission in connection with any proceeding
or other purpose under this title, contains information which is
described in section 410(c) of this title, or exempt from public
disclosure under section 552(b) of title 5, the Postal Service shall,
at the time such matter is provided to the Commission, notify the
Commission, in writing, of its determination (and the reasons
therefor).
''(2) The Commission shall establish procedures for ensuring, where
appropriate, the confidentiality of any information as to which it has
been notified under paragraph (1).''.
[A]: (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
- Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
- Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Clyde-Hirsch-Sowers RESPECT Act'' or
the ''Restraining Excessive Seizure of Property through the
Exploitation of Civil Asset Forfeiture Tools Act''.

SEC. 2. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT TO
STRUCTURING TRANSACTIONS.

Section 5317(c)(2) of title 31, United States Code, is amended--
(1) by striking ''Any property'' and inserting the
following:
''(A) In general.--Any property''; and
(2) by adding at the end the following:
''(B) Internal revenue service seizure requirements
with respect to structuring transactions.--
''(i) Property derived from an illegal
source.--Property may only be seized by the
Internal Revenue Service pursuant to
subparagraph (A) by reason of a claimed
violation of section 5324 if the property to be
seized was derived from an illegal source or
the funds were structured for the purpose of
concealing the violation of a criminal law or
regulation other than section 5324.
''(ii) Notice.--Not later than 30 days
after property is seized by the Internal
Revenue Service pursuant to subparagraph (A),
the Internal Revenue Service shall--
''(I) make a good faith effort to
find all persons with an ownership
interest in such property; and
''(II) provide each such person
with a notice of the person's rights
under clause (iv).
''(iii) Extension of notice under certain
circumstances.--The Internal Revenue Service
may apply to a court of competent jurisdiction
for one 30-day extension of the notice
requirement under clause (ii) if the Internal
Revenue Service can establish probable cause of
an imminent threat to national security or
personal safety necessitating such extension.
''(iv) Post-seizure hearing.--If a person
with a property interest in property seized
pursuant to subparagraph (A) by the Internal
Revenue Service requests a hearing by a court
of competent jurisdiction within 30 days after
the date on which notice is provided under
subclause (ii), such property shall be returned
unless the court holds an adversarial hearing
and finds within 30 days of such request (or
such longer period as the court may provide,
but only on request of an interested party)
that there is probable cause to believe that
there is a violation of section 5324 involving
such property and probable cause to believe
that the property to be seized was derived from
an illegal source or the funds were structured
for the purpose of concealing the violation of
a criminal law or regulation other than section
5324.''.

SEC. 3. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY
SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON
STRUCTURING TRANSACTION.

(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:

''SEC. 139G. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY
THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING
TRANSACTION.

''Gross income shall not include any interest received from the
Federal Government in connection with an action to recover property
seized by the Internal Revenue Service pursuant to section 5317(c)(2)
of title 31, United States Code, by reason of a claimed violation of
section 5324 of such title.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:

''Sec. 139G. Interest received in action to recover property seized by
the Internal Revenue Service based on
structuring transaction.''.
(c) Effective Date.--The amendments made by this section shall
apply to interest received on or after the date of the enactment of
this Act.
[A]:
Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must: (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner of the property requests a court hearing within 30 days after the date on which notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. The bill amends the Internal Revenue Code to exclude from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.