[Congressional Record Volume 151, Number 23 (Thursday, March 3, 2005)]
[Senate]
[Pages S2025-S2026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 517. A bill to establish a Weather Modification Operations and 
Research Board, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 517

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

     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 decision-making 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

[[Page S2026]]

     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 
     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 purposes of this section.

     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 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.
       (c) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.

     SEC. 9. EFFECTIVE DATE.

       This Act shall take effect on October 1, 2005.
                                 ______