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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Intermodal Safe Container
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. DEFINITIONS.

Section 5901 is amended--
(1) by striking paragraph (1) and inserting the following:
''(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
''(6) 'gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

Section 5902 is amended to read as follows:
''Sec. 5902. Notifications and certifications
''(a) Prior Notification.--
''(1) In general.--If the first carrier to which any loaded
container or trailer having a projected gross cargo weight of
more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a
notification of the projected gross cargo weight and a
reasonable description of the contents of the container or
trailer before the tendering of the container or trailer. The
notification may be transmitted electronically or by telephone.
''(2) Applicability.--This subsection applies to any person
within the United States who tenders a container or trailer
subject to this chapter for intermodal transportation if the
first carrier is a motor carrier.
''(b) Certification.--
''(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds, to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the
container or trailer is so tendered.
''(2) Contents of certification.--The certification
required by paragraph (1) shall include the following:
''(A) The actual gross cargo weight.
''(B) A reasonable description of the contents of
the container or trailer.
''(C) The identity of the certifying party.
''(D) The container or trailer number.
''(E) The date of certification or transfer of data
to another document, as provided for in paragraph (3).
''(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic
format for forwarding to a subsequent carrier. The person
transferring the information shall state on the forwarded
document the date on which the data was transferred and the
identity of the party who performed the transfer.
''(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person tendering a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
''(5) Use of 'freight all kinds' term.--The term 'Freight
All Kinds' or 'FAK' may not be used for the purpose of
certification under this subsection after December 31, 2000, as
a description required under paragraph (2)(B) for a trailer or
container if the weight of any commodity in the trailer or
container equals or exceeds 20 percent of the total weight of
the contents of the trailer or container. This subsection does not
prohibit the use of such term after December 31, 2000, for rating
purposes.
''(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked 'INTERMODAL CERTIFICATION'.
''(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.
''(c) Forwarding Certifications to Subsequent Carriers.--
''(1) General rule.--A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouser, or terminal
operator shall forward the certification provided under
subsection (b) to a subsequent carrier transporting the
container or trailer in intermodal transportation before or
when the container or trailer is tendered to the subsequent
carrier.
''(2) Presumption of no certification required.--If no
certification is received by the subsequent carrier before or
when the container or trailer is being tendered to it, the
subsequent carrier may presume that no certification is
required.
''(3) Limitation on construction of forwarding.--The act of
forwarding the certification may not be construed as a
verification or affirmation of the accuracy or completeness of
the information in the certification.
''(4) Liability.--
''(A) In general.--If a person inaccurately
transfers the information on the certification or fails
to forward the certification to a subsequent carrier,
then that person is liable to any person who incurs any
bond, fine, penalty, cost (including storage), or
interest charge incurred as a result of the inaccurate
transfer of information or failure to forward the
certification.
''(B) Lien.--A subsequent carrier incurring a bond,
fine, penalty, or cost (including storage), or interest
charge as a result of the inaccurate transfer of the
information or the failure to forward the certification
shall have a lien against the contents of the container
or trailer under section 5905 in the amount of the
bond, fine, penalty, or cost (including storage), or
interest charge and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.
''(5) Notice to leased operators.--If a motor carrier knows
that the gross cargo weight of an intermodal container or
trailer subject to the certification requirements of subsection
(b) would result in a violation of applicable State gross
vehicle weight laws--
''(A) a motor carrier must inform the operator of a
vehicle which is leased by the vehicle operator to a
motor carrier which transports an intermodal container
or trailer of the gross cargo weight of the container
or trailer as certified to the motor carrier pursuant
to subsection (b);
''(B) the notice must be provided to the operator
prior to the operator being tendered the container or
trailer;
''(C) the notice required by this subsection must
be in writing, but may be transmitted electronically;
''(D) the motor carrier shall bear the burden of
proof to establish that it tendered the required notice
to the operator; and
''(E) if the operator of a leased vehicle
transporting a container or trailer subject to this
chapter should receive a fine because of a violation of
a State's gross vehicle weight laws or regulations and
lessee motor carrier cannot establish that it tendered
to the operator the notice required by this section,
the operator shall be entitled to reimbursement from
the motor carrier of the amount of any fine and court
costs resulting from the failure of the motor carrier
to tender the notice to the operator.
''(d) Liability to Owner or Beneficial Owner.--If--
''(1) a person inaccurately transfers information on a
certification required by subsection (b)(1) or fails to forward
a certification to the subsequent carrier;
''(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest charge; and
''(3) a subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner or to any
other person paying the amount of the lien to the subsequent carrier
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with imposition of the lien.
''(e) Nonapplicability.--
''(1) Consolidated shipments.--The notification and
certification requirements of subsections (a) and (b) do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier--
''(A) performs the highway portion of the
intermodal movement; or
''(B) assumes the responsibility for any weight-
related fine or penalty incurred by any other motor
carrier that performs a part of the highway
transportation.
''(2) Intermodal transportation of loaded containers.--
''(A) In general.--Subsections (a) and (b) and
section 5903(c) do not apply to a carrier when the
carrier is transferring a loaded container or trailer
to another carrier during intermodal transportation,
unless the carrier is also the person tendering the
loaded container or trailer to the first carrier.
''(B) Special rule.--A carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser,
or terminal operator is deemed not to be a person
tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent,
broker, customs broker, freight forwarder, warehouser,
or terminal operator assumes legal responsibility for
loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

(a) Providing Erroneous Information.--Section 5903(a) is amended by
inserting '', to whom section 5902(b) applies,'' after ''A person''.
(b) Transporting Prior To Receiving Certification.--Section 5903(b)
is amended to read as follows:
''(b) Transporting Prior To Receiving Certification.--
''(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less than
29,001 pounds.
''(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter, if a certification is required by section
5902(b), a copy of the certification is not required to
accompany the intermodal container or trailer.''.
(c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking
''10,000 pounds (including packing materials and pallets)'' and
inserting ''29,000 pounds''.

SEC. 6. LIENS.

(a) General Rule.--Section 5905(a) is amended to read as follows:
''(a) General Rule.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest charge resulting from--
''(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation of
section 5903(a),
''(2) the failure of the party required to provide the
certification to the first carrier to provide it,
''(3) the failure of a person required under section
5902(c) to forward the certification to forward it, or
''(4) an error occurring in the transfer of information on
the certification to another document under section 5902(b)(3)
or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost
(including storage), or interest charge has a lien against the contents
equal to the amount of the bond, fine, penalty, cost (including
storage), or interest charge incurred, until the person receives a
payment of that amount from the owner or beneficial owner of the
contents or from the person responsible for making or forwarding the
certification or transferring the information from the certification to
another document.''.
(b) Limitations.--Section 5905(b)(1) is amended--
(1) by inserting after ''the first carrier'' the following:
''or the owner or beneficial owner of the contents''; and
(2) by striking ''cost, or interest.'' and inserting ''cost
(including storage), or interest charge. The lien shall remain
in effect until the lien holder has received payment for all
costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

Section 5906 is amended by striking ''Sections 5904(a)(2) and 5905
of this title do'' and insert ''Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

Section 5907 is amended to read as follows:
''Sec. 5907. Effective date
''This chapter, as amended by the Intermodal Safe Container
Transportation Act Amendments of 1996, is effective on the date of the
enactment of such Act. The provisions of this chapter shall be
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

(a) In General.--Chapter 59 is amended by adding at the end the
following new section:
''Sec. 5908. Relationship to other laws
''Nothing in this chapter affects--
''(1) chapter 51 (relating to transportation of hazardous
material) or the regulations issued under that chapter; or
''(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by striking the item relating to section 5907 and inserting the
following:

''5907. Effective date.
''5908. Relationship to other laws.''.

Passed the House of Representatives September 18, 1996.

Attest:

ROBIN H. CARLE,

Clerk.
[A]: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier.
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification.
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws.
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer.
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided.
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Comprehensive Immunosuppressive Drug
Coverage for Kidney Transplant Patients Act of 2011''.

SEC. 2. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR
KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS
PROVISIONS.

(a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
Transplant Recipients.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ''(except for eligibility for enrollment under part B
solely for purposes of coverage of immunosuppressive drugs
described in section 1861(s)(2)(J))'' before '', with the
thirty-sixth month''.
(2) Individuals eligible only for coverage of
immunosuppressive drugs.--
(A) Section 1836 of the Social Security Act (42
U.S.C. 1395o) is amended--
(i) by striking ''Every'' and inserting
''(a) In General.--Every''; and
(ii) by inserting at the end the following
new subsection:
''(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
Beginning on January 1, 2012, every individual whose insurance benefits
under part A have ended (whether before, on, or after such date) by
reason of section 226A(b)(2) is eligible for enrollment in the
insurance program established by this part solely for purposes of
coverage of immunosuppressive drugs.''.
(B) Conforming amendment.--Sections 1837, 1838, and
1839 of the Social Security Act (42 U.S.C. 1395(p), 42
U.S.C. 1395(q), 42 U.S.C. 1395(r)) are each amended by
striking ''1836'' and inserting ''1836(a)'' each place
it appears.
(3) Enrollment for individuals only eligible for coverage
of immunosuppressive drugs.--Section 1837 of the Social
Security Act (42 U.S.C. 1395(p)) is amended by adding at the
end the following new subsection:
''(m)(1) Any individual who is eligible under section 1836(b) to
enroll in the medical insurance program established under this part for
purposes of coverage of immunosuppressive drugs may enroll only in such
manner and form as may be prescribed by regulations, and only during an
enrollment period described in this subsection.
''(2) An individual described in paragraph (1) may enroll beginning
on the first day of the third month before the month in which the
individual first satisfies section 1836(b).
''(3) An individual described in paragraph (1) whose entitlement
for hospital insurance benefits under part A ends by reason of section
226A(b)(2) on or after January 1, 2012, shall be deemed to have
enrolled in the medical insurance program established by this part for
purposes of coverage of immunosuppressive drugs.''.
(4) Coverage period for individuals only eligible for
coverage of immunosuppressive drugs.--
(A) In general.--Section 1838 of the Social
Security Act (42 U.S.C. 1395q) is amended by adding at
the end the following new subsection:
''(g) In the case of an individual described in section 1836(b),
the following rules shall apply:
''(1) In the case of such an individual who is deemed to
have enrolled in part B for coverage of immunosuppressive drugs
under section 1837(m)(3), such individual's coverage period
shall begin on the first day of the month in which the
individual first satisfies section 1836(b).
''(2) In the case of such an individual who enrolls in part
B for coverage of immunosuppressive drugs under section
1837(m)(2), such individual's coverage period shall begin on
the first day of the month in which the individual first
satisfies section 1836(b) or the month following the month in
which the individual so enrolls, whichever is later.
''(3) The provisions of subsections (b) and (d) shall apply
with respect to an individual described in paragraph (1) or
(2).
''(4) In addition to the reasons for termination under
subsection (b), the coverage period of an individual described
in paragraph (1) or (2) shall end when the individual becomes
entitled to benefits under this title under section 226(a),
226(b), or 226A.''.
(B) Conforming amendments.--Section 1838(b) of the
Social Security Act (42 U.S.C. 1395q(b)) is amended, in
the matter following paragraph (2), by adding ''or
section 1837(m)(3)'' after ''section 1837(f)'' each
place it appears.
(5) Premiums for individuals only eligible for coverage of
immunosuppressive drugs.--Section 1839 of the Social Security
Act (42 U.S.C. 1395r) is amended--
(A) in subsection (b), by adding at the end the
following new sentence: ''No increase in the premium
shall be effected for individuals who are enrolled
pursuant to section 1836(b) for coverage only of
immunosuppressive drugs.''; and
(B) by adding at the end the following new
subsection:
''(j) Determination of Premium for Individuals Only Eligible for
Coverage of Immunosuppressive Drugs.--The Secretary shall, during
September of each year, determine and promulgate a monthly premium rate
for the succeeding calendar year for individuals who enroll only for
the purpose of coverage of immunosuppressive drugs under section
1836(b). Such premium shall be equal to 35 percent of the monthly
actuarial rate for enrollees age 65 and over, determined according to
paragraph (1), for that succeeding calendar year. The monthly premium
of each individual enrolled for coverage of immunosuppressive drugs
under section 1836(b) for each month shall be the amount promulgated in
this subsection. Such amount shall be adjusted in accordance with
subsections (c) and (f).''.
(6) Government contribution.--Section 1844(a) of the Social
Security Act (42 U.S.C. 1395w(a)) is amended--
(A) in paragraph (3), by striking the period at the
end and inserting ''; plus'';
(B) by adding at the end the following new
paragraph:
''(4) a Government contribution equal to the estimated
aggregate reduction in premiums payable under part B that
results from establishing the premium at 35 percent of the
actuarial rate under section 1839(j) instead of 50 percent of
the actuarial rate for individuals who enroll only for the
purpose of coverage of immunosuppressive drugs under section
1836(b).''; and
(C) by adding at the end the following flush
matter:
''The Government contribution under paragraph (4) shall be
treated as premiums payable and deposited for purposes of
subparagraphs (A) and (B) of paragraph (1).''.
(7) Extension of secondary payer requirements for esrd
beneficiaries eligible for coverage of immunosuppressive
drugs.--Section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395(y)(b)(1)) is amended by adding at the end the
following new sentence: ''With regard to immunosuppressive
drugs furnished to an individual who enrolls for the purpose of
coverage of immunosuppressive drugs under section 1836(b) on or
after January 1, 2012, this subparagraph shall apply without
regard to any time limitation, except that when such individual
becomes entitled to benefits under this title under sections
226(a) or 226(b), or entitled to or eligible for benefits under
this title under section 226A, the provisions of subparagraphs
(A) and (B), and the time limitations under this subparagraph,
respectively, shall apply.''.
(8) Ensuring coverage under the medicare savings program.--
Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C.
1396d(p)(1)(A)) is amended by inserting ''or an individual who
is enrolled under part B for the purpose of coverage of
immunosuppressive drugs under section 1836(b)'' after ''section
1818''.
(9) Part d.--Section 1860D-1(a)(3)(A) of the Social
Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by
inserting ''(but not including an individual enrolled solely
for coverage of immunosuppressive drugs under section
1836(b))'' before the period at the end.
[A]: Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2011 - Amends title II (Old Age, Survivors and Disability Benefits) (OASDI) of the Social Security Act (SSA) to extend the months of coverage of immunosuppressive drugs for kidney transplant patients.

Amends SSA title XVIII (Medicare) to make eligible for enrollment in Medicare part B (Supplementary Medical Insurance), solely for the purpose of such drug coverage, every individual whose insurance benefits under Medicare part A (Hospital Insurance) have ended by reason of a kidney transplant or the end of any requirement for a regular course of dialysis.

Directs the Secretary of Health and Human Services (HHS) to determine a monthly premium rate for such individuals equal to 35% of the monthly actuarial rate for enrollees age 65 and over. Prescribes a formula for detemination of a government contribution to such a premium.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Weather Mitigation Research and
Development Policy Authorization Act of 2007''.

SEC. 2. PURPOSE.

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

SEC. 3. FINDINGS.

Congress finds the following:
(1) According to a 2003 report by the National Research
Council, ''people in drought- and hail-prone areas willingly
spend significant resources on weather mitigation programs, and
in 2001 there were at least 66 operational programs being
conducted in 10 States across the United States. At the same
time, less than a handful of weather mitigation research
programs are underway worldwide, and related research in the
United States has dropped to less than $500,000 per year from a
high of $20,000,000 in the late 1970s.'' The NRC report
entitled ''Critical Issues in Weather Modification Research''
also states that ''a coordinated national program of weather
modification research is needed''. Such a program is supported
by States that need a scientific means of evaluating current
programs and increasing their effectiveness through applied
research.
(2) Droughts in the United States result in an average
economic loss between $6,000,000,000 and $8,000,000,000
annually, while severe hail producing storms result in up to
$2,300,000,000 damage to crops and over $2,000,000,000 in
property loss annually. Snowpack, rain enhancement, and hail
suppression weather mitigation projects help reduce these
losses, and additional research in these areas will make
existing programs even more effective and permit them to better
quantify their impacts. Recent droughts in the Western United
States have produced low lake levels at Lake Powell and Lake
Mead and have led the Seven Colorado River Basin States to
create cooperative agreements. A separate cooperative agreement
is in place for wintertime snowfall enhancement programs in the
States of Utah, Colorado, and Wyoming to pursue water
augmentation to benefit the entire Colorado River System.
(3) Past and recent evaluations of the potential for
snowpack augmentation by cloud seeding in the Colorado River
Basin indicate a significant yield in runoff can be attained
through properly designed projects. A 2006 evaluation by the
Bureau of Reclamation of the Department of the Interior
indicates the potential for 800,000 additional acre-feet of
water.
(4) The impacts of possible climate change and the human
impact on weather are not well understood. Weather mitigation
research could provide data on what, if any, impact pollution
may have on the precipitation processes in cloud systems.
Research into inadvertent and planned weather mitigation may
increase our understanding and knowledge of any potential
impacts.
(5) The recent Weather Damage Modification Program
conducted by the Bureau of Reclamation employed a successful
model for combining local, State, and Federal resources in
providing a means for scientific evaluation of operational
cloud-seeding projects (rainfall and snowfall enhancement and
hail suppression) in North Dakota, Oklahoma, Texas, Colorado,
Utah, Nevada, and California.

SEC. 4. DEFINITIONS.

In this Act:
(1) Board.--The term ''Board'' means the Weather Mitigation
Advisory and Research Board established under section 5(a).
(2) Executive director.--The term ''Executive Director''
means the Executive Director of the Board appointed under
section 5(d).
(3) 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.

SEC. 5. WEATHER MITIGATION ADVISORY AND RESEARCH BOARD ESTABLISHED.

(a) Establishment.--There is established in the National Science
Foundation the Weather Mitigation Advisory and Research Board to
establish and coordinate the national research and development program
on weather mitigation described in section 6.
(b) Membership.--
(1) Composition.--The Board shall consist of 11 members
appointed by the Director of the National Science Foundation as
follows:
(A) At least 2 members shall be representatives of
States that are currently supporting operational
weather mitigation programs.
(B) At least 2 members shall be a representative of
the National Center for Atmospheric Research of the
National Science Foundation.
(C) At least 1 member shall be a representative of
National Aeronautics and Space Administration.
(D) At least 1 member shall be a representative of
the American Meteorological Society.
(E) At least 1 member shall be a representative of
the American Society of Civil Engineers.
(F) At least 1 member shall be a representative of
the National Academy of Sciences.
(G) At least 1 member shall be a representative of
the National Oceanic and Atmospheric Administration of
the Department of Commerce.
(H) At least 1 member shall be a representative of
the Department of Agriculture.
(I) At least 1 member shall be a representative of
institutions of higher education or research institutes
with experience in the field.
(2) Tenure.--A member of the Board shall serve at the
pleasure of the Director of the National Science Foundation.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(c) Chair and Vice Chair.--The Board shall select a Chair and Vice
Chair from among its members.
(d) Staff.--The Chair of the Board may appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(e) 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.
(f) 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.
(g) Meetings.--The Board shall meet at the call of the Chair.
(h) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Powers of the Board.--
(1) Studies, investigations, and hearings.--The Board may
conduct studies, obtain information, and hold hearings
necessary to carry out the purposes of this Act.
(2) Cooperation with other agencies.--The Board may
cooperate with public or private agencies to promote the
purposes of this Act.
(3) 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 to
conduct research and development pertaining to weather
mitigation.
(4) Conducting and contracting for research and
development.--The Executive Director, with the approval of the
Board, may conduct or contract for research and development
activities in accordance with section 6.

SEC. 6. NATIONAL RESEARCH AND DEVELOPMENT PROGRAM ON WEATHER
MITIGATION.

(a) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Executive Director shall develop and
submit to Congress a plan for the establishment and coordination of the
national research and development program required by section 5(a).
Such plan shall--
(1) for the 10-year period beginning in the year it is
submitted, establish the goals and priorities for Federal
research that most effectively advance scientific understanding
of weather mitigation;
(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, weather
modification organizations, and other expert scientific bodies,
including the National Research Council report entitled
''Critical Issues in Weather Modification Research'';
(5) make recommendations for the coordination of program
activities with weather mitigation activities of other national
and international organizations; and
(6) estimate Federal funding for research activities to be
conducted under the program.
(b) Program Activities.--The national research and development
program required by section 5(a) may include the following activities
related to weather mitigation:
(1) Interdisciplinary research and development and
coordination of research and development and activities to
improve understanding of processes relating to planned and
inadvertent weather mitigation, including the following:
(A) Research related to cloud and precipitation
physics.
(B) Cloud dynamics and cloud modeling.
(C) Improving cloud seeding-related technologies.
(D) Severe weather and storm research.
(E) Research related to potential adverse affects
of weather mitigation.
(2) Coordination with relevant organizations that engage in
weather mitigation research.
(3) Development through partnerships among Federal
agencies, State agencies with weather modification experience,
and academic institutions of new technologies and approaches
for weather mitigation.
(4) Establishing scholarships and educational opportunities
that encourage an interdisciplinary approach to weather
mitigation.
(5) Promotional activities in accordance with subsection
(c).
(6) Administering the grant program described in subsection
(d).
(c) Promotion of Research and Development.--In order to assist in
expanding the theoretical and practical knowledge of weather
mitigation, the Board shall promote and fund research and development,
studies, and investigations with respect to--
(1) improved forecast and decision-making technologies for
weather mitigation operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
mitigation.
(d) Grant Program for Research and Development.--
(1) In general.--The Board may establish a grant program
for the award of grants to eligible entities for research and
development projects that pertain to weather mitigation. To the
extent practicable, the grant program shall be modeled after
both the Atmospheric Modification Program implemented by the
National Oceanic and Atmospheric Administration in 1980, and
the Weather Damage Modification Program implemented by the
Bureau of Reclamation of the Department of the Interior in
2002.
(2) Amount.--The Board may not award a grant under this
subsection in an amount that--
(A) is greater than $500,000; or
(B) is less than $50,000.
(3) Federal share.--The Board may not award a grant under
this subsection for a project if the Federal share of such
project would be greater than 50 percent of the project cost,
which may include in-kind services furnished by the
participating State.
(4) Eligible entities.--For purposes of this subsection, an
eligible entity is a State agency, institution of higher
education, or nonprofit organization that has--
(A) an established background and expertise in the
field of weather mitigation; and
(B) experience with working with and coordinating
with State agencies.
(5) Use of funds.--A recipient of a grant under this
subsection may only use the grant for a research and
development project that--
(A) pertains to weather mitigation; and
(B) was in operation on the day before the date the
grant was awarded.

SEC. 7. ANNUAL REPORT ON ACTIVITIES.

(a) In General.--Not later than January 31, and annually
thereafter, the Executive Director shall prepare and submit to the
President and Congress an annual report on the activities conducted
pursuant to this Act during the preceding calendar year, including the
following:
(1) A summary of the achievements of Federal weather
mitigation 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 section 6(a),
including the identification of trends.
(3) A copy or summary of the plan required by section 6(a)
and any changes made to the plan.
(4) A summary of agency budgets for weather mitigation
activities for the preceding fiscal year.
(5) Recommendations, if any, 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 mitigation 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.
(7) A description of any potential adverse consequences on
life, property, or water resource availability from weather
mitigation efforts, and any suggested means of mitigating or
reducing such consequences if such efforts are undertaken.
(b) First Report.--The first report required by subsection (a)
shall be submitted on January 31 in the second calendar year following
the date of the enactment of this Act.

SEC. 8. COOPERATION WITH WEATHER MITIGATION ADVISORY AND RESEARCH
BOARD.

The head of any department or agency of the United States and the
head of any other public or private agency or institution that receives
research funds from the United States shall, to the extent practicable,
cooperate with the Board for purposes of carrying out this Act.

SEC. 9. FUNDING.

(a) 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 the fiscal years 2008 through 2017. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(b) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
[A]:
Weather Mitigation Research and Development Policy Authorization Act of 2007 - Establishes in the National Science Foundation (NSF) the Weather Mitigation Advisory and Research Board to establish and coordinate the national research and development program on weather mitigation described in this Act. Requires the Executive Director of the Board to submit a plan for the establishment and coordination of the Program.

Requires the Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation.

Authorizes the Board to establish a grant program for the awarding of grants to eligible entities (state agencies, institutions of higher education, and nonprofits that have expertise in the field of weather mitigation and experience working with state agencies) for R&D projects that pertain to weather mitigation. Permits a grant recipient to only use the grant for a R&D project that: (1) pertains to weather mitigation; and (2) was in operation on the day before the grant was awarded.

Requires the submission of annual reports to the President and Congress on the activities conducted pursuant to this Act.