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      109th Congress
      S. 517: Weather Modification Research and Technology Transfer Authorization
      Act of 2005
      Introduced: Mar 3, 2005
      Sponsor: Sen. Kay Hutchison [R-TX]
      Status: Scheduled for Debate

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      II




      Calendar No. 319
      109TH CONGRESS
      S. 517
      1ST SESSION

      [Report No. 109202]

      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.

      1 Be it enacted by the Senate and House of Representa-
      2 tives of the United States of America in Congress assembled,
      2
      1 SECTION 1. SHORT TITLE.

      2 This Act may be cited as the ``Weather Modification
      3 Research and Technology Transfer Authorization Act of
      4 2005''.
      5 SEC. 2. PURPOSE.

      6 It is the purpose of this Act to develop and implement
      7 a comprehensive and coordinated national weather modi-
      8 fication policy and a national cooperative Federal and
      9 State program of weather modification research and devel-
      10 opment.
      11 SEC. 3. DEFINITIONS.

      12 In this Act:
      13 (1) BOARD.--The term ``Board'' means the
      14 Weather Modification Advisory and Research Board.
      15 (2) EXECUTIVE term ``Execu-
      DIRECTOR.--The

      16 tive Director'' means the Executive Director of the
      17 Weather Modification Advisory and Research Board.
      18 (3) RESEARCH term
      AND DEVELOPMENT.--The

      19 ``research and development'' means theoretical anal-
      20 ysis, exploration, experimentation, and the extension
      21 of investigative findings and theories of scientific or
      22 technical nature into practical application for experi-
      23 mental and demonstration purposes, including the
      24 experimental production and testing of models, de-
      25 vices, equipment, materials, and processes.


      S 517 RS
      3
      1 (4) WEATHER term
      MODIFICATION.--The

      2 ``weather modification'' means changing or control-
      3 ling, or attempting to change or control, by artificial
      4 methods the natural development of atmospheric
      5 cloud forms or precipitation forms which occur in
      6 the troposphere.
      7 SEC. 4. WEATHER MODIFICATION ADVISORY AND RE-

      8 SEARCH BOARD ESTABLISHED.

      9 (a) IN GENERAL.--There is established in the De-
      10 partment of Commerce the Weather Modification Advisory
      11 and Research Board.
      12 (b) MEMBERSHIP.--
      13 (1) IN Board shall consist of
      GENERAL.--The

      14 11 members appointed by the Secretary of Com-
      15 merce, of whom--
      16 (A) at least 1 shall be a representative of
      17 the American Meteorological Society;
      18 (B) at least 1 shall be a representative of
      19 the American Society of Civil Engineers;
      20 (C) at least 1 shall be a representative of
      21 the National Academy of Sciences;
      22 (D) at least 1 shall be a representative of
      23 the National Center for Atmospheric Research
      24 of the National Science Foundation;




      S 517 RS
      4
      1 (E) at least 2 shall be representatives of
      2 the National Oceanic and Atmospheric Admin-
      3 istration of the Department of Commerce;
      4 (F) at least 1 shall be a representative of
      5 institutions of higher education or research in-
      6 stitutes; and
      7 (G) at least 1 shall be a representative of
      8 a State that is currently supporting operational
      9 weather modification projects.
      10 (2) TENURE.--A member of the Board serves
      11 at the pleasure of the Secretary of Commerce.
      12 (3) VACANCIES.--Any vacancy on the Board
      13 shall be filled in the same manner as the original ap-
      14 pointment.
      15 (b) ADVISORY COMMITTEES.--The Board may estab-
      16 lish advisory committees to advise the Board and to make
      17 recommendations to the Board concerning legislation, poli-
      18 cies, administration, research, and other matters.
      19 (c) INITIAL MEETING.--Not later than 30 days after
      20 the date on which all members of the Board have been
      21 appointed, the Board shall hold its first meeting.
      22 (d) MEETINGS.--The Board shall meet at the call of
      23 the Chair.




      S 517 RS
      5
      1 (e) QUORUM.--A majority of the members of the
      2 Board shall constitute a quorum, but a lesser number of
      3 members may hold hearings.
      4 (f) CHAIR VICE CHAIR.--The Board shall select
      AND

      5 a Chair and Vice Chair from among its members.
      6 SEC. 5. DUTIES OF THE BOARD.

      7 (a) PROMOTION RESEARCH DEVELOP-
      OF AND

      8 order to assist in expanding the theoretical
      MENT.--In

      9 and practical knowledge of weather modification, the
      10 Board shall promote and fund research and development,
      11 studies, and investigations with respect to--
      12 (1) improved forecast and decision-making tech-
      13 nologies for weather modification operations, includ-
      14 ing tailored computer workstations and software and
      15 new observation systems with remote sensors; and
      16 (2) assessments and evaluations of the efficacy
      17 of weather modification, both purposeful (including
      18 cloud-seeding operations) and inadvertent (including
      19 downwind effects and anthropogenic effects).
      20 (b) FINANCIAL ASSISTANCE.--Unless the use of the
      21 money is restricted or subject to any limitations provided
      22 by law, the Board shall use amounts in the Weather Modi-
      23 fication Research and Development Fund--
      24 (1) to pay its expenses in the administration of
      25 this Act, and


      S 517 RS
      6
      1 (2) to provide for research and development
      2 with respect to weather modifications by grants to,
      3 or contracts or cooperative arrangements, with pub-
      4 lic or private agencies.
      5 (c) REPORT.--The Board shall submit to the Sec-
      6 retary biennially a report on its findings and research re-
      7 sults.
      8 SEC. 6. POWERS OF THE BOARD.

      9 (a) STUDIES, INVESTIGATIONS, HEARINGS.--
      AND

      10 The Board may make any studies or investigations, obtain
      11 any information, and hold any hearings necessary or prop-
      12 er to administer or enforce this Act or any rules or orders
      13 issued under this Act.
      14 (b) PERSONNEL.--The Board may employ, as pro-
      15 vided for in appropriations Acts, an Executive Director
      16 and other support staff necessary to perform duties and
      17 functions under this Act.
      18 (c) COOPERATION WITH OTHER AGENCIES.--The
      19 Board may cooperate with public or private agencies to
      20 promote the purposes of this Act.
      21 (d) COOPERATIVE AGREEMENTS.--The Board may
      22 enter into cooperative agreements with the head of any
      23 department or agency of the United States, an appropriate
      24 official of any State or political subdivision of a State, or
      25 an appropriate official of any private or public agency or


      S 517 RS
      7
      1 organization for conducting weather modification activities
      2 or cloud-seeding operations.
      3 (e) CONDUCT CONTRACTS RESEARCH
      AND FOR AND

      4 DEVELOPMENT.--The Executive Director, with the ap-
      5 proval of the Board, may conduct and may contract for
      6 research and development activities relating to the pur-
      7 poses of this section.
      8 SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION

      9 OPERATIONS AND RESEARCH BOARD.

      10 The heads of the departments and agencies of the
      11 United States and the heads of any other public or private
      12 agencies and institutions that receive research funds from
      13 the United States shall, to the extent possible, give full
      14 support and cooperation to the Board and to initiate inde-
      15 pendent research and development programs that address
      16 weather modifications.
      17 SEC. 8. FUNDING.

      18 (a) IN GENERAL.--There is established within the
      19 Treasury of the United States the Weather Modification
      20 Research and Development Fund, which shall consist of
      21 amounts appropriated pursuant to subsection (b) or re-
      22 ceived by the Board under subsection (c).
      23 (b) AUTHORIZATION APPROPRIATIONS.--There is
      OF

      24 authorized to be appropriated to the Board for the pur-
      25 poses of carrying out the provisions of this Act


      S 517 RS
      8
      1 $10,000,000 for each of fiscal years 2005 through 2014.
      2 Any sums appropriated under this subsection shall remain
      3 available, without fiscal year limitation, until expended.
      4 (c) GIFTS.--The Board may accept, use, and dispose
      5 of gifts or donations of services or property.
      6 SEC. 9. EFFECTIVE DATE.

      7 This Act shall take effect on October 1, 2005.
      8 SECTION 1. SHORT TITLE.

      9 This Act may be cited as the ``Weather Modification
      10 Research and Development Policy Authorization Act of
      11 2005''.
      12 SEC. 2. PURPOSE.

      13 It is the purpose of this Act to develop and implement
      14 a comprehensive and coordinated national weather modi-
      15 fication research policy and a national cooperative Federal
      16 and State program of weather modification research and
      17 development.
      18 SEC. 3. DEFINITIONS.

      19 In this Act:
      20 (1) BOARD.--The term ``Board'' means the
      21 Weather Modification Research Advisory Board.
      22 (2) RESEARCH term
      AND DEVELOPMENT.--The

      23 ``research and development'' means theoretical anal-
      24 ysis, exploration, experimentation, and the extension
      25 of investigative findings and theories of a scientific or


      S 517 RS
      9
      1 technical nature into practical application for experi-
      2 mental and demonstration purposes, including the ex-
      3 perimental production and testing of models, devices,
      4 equipment, materials, and processes.
      5 (3) WEATHER term
      MODIFICATION.--The

      6 ``weather modification'' means the purposeful or inad-
      7 vertent changing or controlling, or attempting to
      8 change or control, by artificial methods, the natural
      9 development of atmospheric cloud forms or precipita-
      10 tion forms which occur in the troposphere.
      11 SEC. 4. WEATHER MODIFICATION SUBCOMMITTEE.

      12 (a) ESTABLISHMENT.--The Director of the Office of
      13 Science and Technology Policy shall establish a Weather
      14 Modification Subcommittee to coordinate a national re-
      15 search program on weather modification.
      16 (b) MEMBERSHIP.--The Weather Modification Sub-
      17 committee shall include representatives from appropriate
      18 Federal agencies, including the National Oceanic and At-
      19 mospheric Administration, the National Science Founda-
      20 tion, and the National Aeronautics and Space Administra-
      21 tion.
      22 (c) CHAIRS WEATHER MODIFICATION SUB-
      OF THE

      23 representative from the National Oceanic
      COMMITTEE.--A

      24 and Atmospheric Administration and a representative from




      S 517 RS
      10
      1 the National Science Foundation shall serve together as co-
      2 chairs of the Weather Modification Subcommittee.
      3 (d) IMPLEMENTATION PLAN.--Not later than 180 days
      4 after the date of enactment of this Act, the Director of the
      5 Office of Science and Technology Policy shall develop and
      6 submit to Congress a plan for coordinated Federal activities
      7 under the national research program under subsection (a)
      8 and the plan shall--
      9 (1) for a 10-year period beginning in the year
      10 it is submitted, establish the goals and priorities for
      11 Federal research that most effectively advances sci-
      12 entific understanding of weather modification;
      13 (2) describe specific activities required to achieve
      14 such goals and priorities, including funding of com-
      15 petitive research grants, training and support for sci-
      16 entists, and participation in international research
      17 efforts;
      18 (3) identify and address, as appropriate, rel-
      19 evant programs and activities of the Federal agencies
      20 and departments that would contribute to the pro-
      21 gram;
      22 (4) consider and use, as appropriate, reports and
      23 studies conducted by Federal agencies and depart-
      24 ments, and other expert scientific bodies, including




      S 517 RS
      11
      1 the National Research Council report on Critical
      2 Issues in Weather Modification Research;
      3 (5) make recommendations for the coordination
      4 of program activities with weather modification ac-
      5 tivities of other national and international organiza-
      6 tions;
      7 (6) incorporate recommendations from the
      8 Weather Modification Research Advisory Board; and
      9 (7) estimate Federal funding for research activi-
      10 ties to be conducted under the program described in
      11 subsection (a).
      12 (e) PROGRAM SCOPE.--The national research program
      13 under subsection (a) may include the following activities
      14 related to weather modification:
      15 (1) Interdisciplinary research and coordination
      16 of research and activities to improve understanding of
      17 processes relating to weather modification, includ-
      18 ing--
      19 (A) cloud modeling;
      20 (B) cloud seeding;
      21 (C) improving forecast and decision-making
      22 technologies;
      23 (D) related severe weather research; and
      24 (E) potential adverse affects of weather
      25 modification.


      S 517 RS
      12
      1 (2) Coordination with relevant organizations
      2 that engage in weather modification research.
      3 (3) Development through partnerships among
      4 Federal agencies, States, and academic institutions of
      5 new technologies and approaches for weather modi-
      6 fication.
      7 (4) Scholarships and educational opportunities
      8 that encourage an interdisciplinary approach to
      9 weather modification.
      10 (f) ANNUAL REPORT ACTIVITIES.--Beginning with
      ON

      11 the first year occurring more than 24 months after the date
      12 of enactment of this Act, the Director of the Office of Science
      13 and Technology Policy shall prepare and submit to the
      14 President and Congress not later than January 31st of each
      15 year an annual report on the activities conducted pursuant
      16 to this section during the preceding fiscal year, including--
      17 (1) a summary of the achievements of Federal
      18 weather modification research, including Federally
      19 supported external research, during the preceding fis-
      20 cal year;
      21 (2) an analysis of the progress made toward
      22 achieving the goals and objectives of the plan devel-
      23 oped under subsection (d), including the identifica-
      24 tion of trends;




      S 517 RS
      13
      1 (3) a copy or summary of the plan and any
      2 changes made to the plan;
      3 (4) a summary of agency budgets for weather
      4 modification activities for the preceding fiscal year;
      5 (5) any recommendations regarding additional
      6 action or legislation that may be required to assist in
      7 achieving the purposes of this Act;
      8 (6) a description of the relationship between re-
      9 search conducted on weather modification and re-
      10 search conducted pursuant to the Global Change Re-
      11 search Act of 1990 (15 U.S.C. 2921 et seq.), as well
      12 as research on weather forecasting and prediction;
      13 and
      14 (7) a description of any potential adverse con-
      15 sequences on life, property, or water resource avail-
      16 ability from weather modification efforts, and any
      17 suggested means of mitigating or reducing such con-
      18 sequences if such efforts are undertaken.
      19 SEC. 5. WEATHER MODIFICATION RESEARCH ADVISORY

      20 BOARD ESTABLISHED.

      21 (a) ESTABLISHMENT.--There is established in the Of-
      22 fice of Science and Technology Policy the Weather Modifica-
      23 tion Research Advisory Board to make recommendations to
      24 the Weather Modification Subcommittee on matters related
      25 to weather modification.


      S 517 RS
      14
      1 (b) MEMBERSHIP.--
      2 (1) COMPOSITION.--The Board shall consist of 9
      3 members, each with a field of expertise in atmospheric
      4 science or civil engineering relevant to weather modi-
      5 fication, and appointed by the Director of the Office
      6 of Science and Technology Policy as follows:
      7 (A) At least 1 member shall be a representa-
      8 tive of the American Meteorological Society.
      9 (B) At least 1 member shall be a representa-
      10 tive of the American Society of Civil Engineers.
      11 (C) At least 1 member shall be a representa-
      12 tive of the National Academy of Sciences.
      13 (D) At least 1 member shall be a representa-
      14 tive of institutions of higher education or re-
      15 search institutes with experience in the field.
      16 (E) At least 1 member shall be a representa-
      17 tive of a State organization that is currently
      18 supporting operational weather modification
      19 projects.
      20 (2) TENURE.--A member of the Board shall serve
      21 at the pleasure of the Director of the Office of Science
      22 and Technology Policy.
      23 (3) VACANCIES.--Any vacancy on the Board
      24 shall be filled in the same manner as the original ap-
      25 pointment.


      S 517 RS
      15
      1 (c) INITIAL MEETING.--Not later than 30 days after
      2 the date on which all members of the Board have been ap-
      3 pointed, the Board shall hold its first meeting.
      4 (d) MEETINGS.--The Board shall meet at the call of
      5 the Chair.
      6 (e) QUORUM.--A majority of the members of the Board
      7 shall constitute a quorum, but a lesser number of members
      8 may hold hearings.
      9 (f) CHAIR VICE CHAIR.--The Board shall select
      AND

      10 a Chair and Vice Chair from among its members.
      11 (g) DUTIES BOARD.--The duties of the Board
      OF THE

      12 shall include the following:
      13 (1) Advising the Weather Modification Sub-
      14 committee on recommendations concerning legislation,
      15 policies, administration, research, and other matters
      16 related to weather modification.
      17 (2) In order to assist in expanding the theo-
      18 retical and practical knowledge of weather modifica-
      19 tion, the Board shall advise the Weather Modification
      20 Subcommittee on the research and development, stud-
      21 ies, and investigations with respect to--
      22 (A) potential uses of technologies and obser-
      23 vation systems for weather modification research;
      24 and




      S 517 RS
      16
      1 (B) assessments and evaluations of the effi-
      2 cacy of weather modification, both purposeful,
      3 including cloud-seeding operations, and inad-
      4 vertent, including downwind effects and anthro-
      5 pogenic effects.
      6 (h) POWERS BOARD.--The Board may con-
      OF THE

      7 duct public meetings, gather information, and issue reports.
      8 SEC. 6. COOPERATION WITH THE WEATHER MODIFICATION

      9 SUBCOMMITTEE.

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



      Amend the title so as to read: ``To establish a co-
      ordinated national weather modification research and de-
      velopment program, and for other purposes''.




      S 517 RS
      Calendar No. 319
      109TH CONGRESS
      S. 517
      1ST SESSION
      [Report No. 109202]
      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
      title



      Copyright © 2005, but you're welcome


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