[Senate Report 111-57]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 122

111th Congress                                                   Report
 1st Session                     SENATE                          111-57
_______________________________________________________________________




WEATHER MITIGATION RESEARCH AND DEVELOPMENT POLICY AUTHORIZATION ACT OF 
                                  2009

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 601



                                     

                 July 22, 2009.--Ordered to be printed

                                -------

                   U.S. GOVERNMENT PRINTING OFFICE
39-010                      WASHINGTON : 2009







       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri           SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota             MEL MARTINEZ, Florida
TOM UDALL, Colorado                  MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Chief of Staff
                   James Reid, Deputy Chief of Staff
                     Bruce Andrews, General Counsel
     Christine Kurth, Republican Staff Director and General Counsel
               Brian Hendricks, Republican Chief Counsel
                Todd Bertoson, Republican Senior Counsel








                                                       Calendar No. 122
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-57

======================================================================



 
WEATHER MITIGATION RESEARCH AND DEVELOPMENT POLICY AUTHORIZATION ACT OF 
                                  2009

                                _______
                                

                 July 22, 2009.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 601]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 601) to establish the Weather 
Mitigation Research Office, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 601 is to develop a national cooperative 
Federal and State program of weather mitigation research and 
development.

                          Background and Needs

  Weather mitigation refers to the intentional or unintentional 
modification of atmospheric processes by human activities. 
Intentional weather mitigation efforts, such as cloud seeding 
or hail suppression, have periodically attracted interest due 
to their potential for increasing water availability, enhancing 
snowfall, and reducing damage and loss of life from extreme 
weather events, including hurricanes. Unintentional weather 
mitigation research focuses on understanding the impacts of 
human activities, such as air emissions, on atmospheric 
processes at scales ranging from local precipitation patterns 
to global climate.
  Intentional weather mitigation has focused on altering 
precipitation events such as rainstorms, snowfall, or hail. 
Research on the topic has been the subject of numerous expert 
studies. According to a 2003 National Research Council (NRC) 
report, Critical Issues in Weather Modification Research (``NRC 
report''), ``there is still no convincing scientific proof of 
the efficacy of intentional weather modification efforts.'' 
Despite the lack of scientific proof and the paucity of weather 
modification research programs, many weather modification 
ventures are operating nationally and internationally. The NRC 
report found that ``because an entire suite of new tools and 
techniques now exist [sic] that could be applied to this issue, 
the Committee recommends that there be a renewed commitment to 
advancing our knowledge of fundamental processes that are 
central to the issues of intentional and inadvertent weather 
modification.''
  The 2003 NRC Committee recommended ``a renewed commitment to 
advancing our knowledge of fundamental atmospheric processes 
that are central to the issues of intentional and inadvertent 
weather modification.'' It also recommended that a coordinated 
national program be developed to conduct sustained research 
efforts in the areas of cloud and precipitation microphysics, 
cloud dynamics, cloud modeling, and cloud seeding, with a 
balanced approach of modeling, laboratory studies, and field 
measurements designed to reduce key uncertainties.

                         Summary of Provisions

  S. 601 Substitute Amendment would establish a national 
cooperative Federal and State program of weather mitigation 
research and development. The legislation would establish a 
Weather Mitigation Research Program (Program) within the 
National Science Foundation (NSF) and authorize a research and 
development program to improve the understanding of processes 
relating to planned and inadvertent weather mitigation. The 
Program would establish a Working Group consisting of 
representatives from states and the scientific community to 
make recommendations to the Program on administration, 
research, and other matters relating to weather mitigation 
research. The Program, in consultation with the Working Group, 
would develop a 10-year plan to establish and coordinate a 
national research and development program that provides for 
goals and priorities for research, describes specific 
activities required to achieve the goals and priorities, 
including funding of competitive grants, and other activities. 
The Program would also conduct a research and development 
program to improve the understanding of processes pertaining to 
weather mitigation. The legislation would authorize $25 million 
per year for each of the fiscal years 2010 through 2014.

                          Legislative History

  The Weather Mitigation Research and Development Policy 
Authorization Act of 2009 (S. 601) was introduced by Senator 
Hutchison on March 16, 2009, and referred to the Senate 
Committee on Commerce, Science, and Transportation. On May 18, 
2009, the Committee considered the bill in an open Executive 
Session. Senators Hutchison and Rockefeller offered an 
amendment in the nature of a substitute. The Committee, without 
objection, adopted the substitute and ordered S. 601 be 
reported with the amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                      June 2, 2009.
Hon. Jay D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 601, the Weather 
Mitigation Research and Development Policy Authorization Act of 
2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Leigh Angres.
    Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 601--Weather Mitigation Research and Development Policy 
        Authorization Act of 2009

    Summary: S. 601 would authorize the appropriation of $25 
million for each of fiscal years 2010 through 2014 to establish 
a Weather Mitigation Research Office within the National 
Science Foundation (NSF). The new office would coordinate 
studies and provide grants to universities, state agencies, and 
nonprofit organizations to explore methods to reduce the impact 
of severe weather.
    CBO estimates that implementing S. 601 would increase 
discretionary spending by $88 million over the 2010-2014 period 
and by $37 million after 2014, assuming appropriation of the 
necessary amounts. The bill also would authorize NSF to collect 
and spend donations from nonfederal sources, but CBO estimates 
that any new offsetting receipts and associated direct spending 
would be minimal and would have no net effect on the federal 
budget.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 601 is shown in the following table. The 
costs of this legislation fall within budget functions 250 
(science, space, and technology) and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................        25        25        25        25        25        125
Estimated Outlays..................................         2        17        22        23        24         88
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes the bill 
will be enacted near the end of 2009 and that the authorized 
and necessary amounts will be appropriated each year. Estimated 
outlays are based on historical spending patterns for NSF 
research programs. In addition to the amounts specifically 
authorized to be appropriated, CBO estimates that the Office of 
Science and Technology Policy would require less than $500,000 
over the 2010-2014 period to help coordinate federal weather 
mitigation research and report to the Congress on those 
activities.
    Intergovernmental and private-sector impact: S. 601 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Any costs to those entities would be 
incurred voluntarily as a condition of receiving federal 
assistance.
    Estimate prepared by: Federal costs: Leigh Angres; Impact 
on state, local, and tribal governments: Shannon Fairchild and 
Ryan Miller; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The bill, as reported, would require the National Science 
Foundation to develop a national weather mitigation research 
and development program. The bill would not authorize any new 
regulations, and therefore, would not subject any individuals 
or businesses to new regulations.

                            ECONOMIC IMPACT

  The bill, as reported, would not have an adverse economic 
impact on the nation's economy.

                                PRIVACY

  The bill, as reported, would have little, if any, impact on 
the personal privacy of U.S. citizens.

                               PAPERWORK

  The bill, as reported, would not increase paperwork 
requirements significantly for individuals and businesses. 
Section 6 of the Act would require the Director of the Weather 
Mitigation Research Program at the National Science Foundation 
to submit a 10-year plan to Congress and a biannual report to 
the President and Congress.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

                      Section-by-Section Analysis


Section 1. Short Title.

  This section would establish the short title of the bill as 
the ``Weather Mitigation Research and Development Policy 
Authorization Act of 2009.''

Section 2.

  This section would establish that the purpose of the bill is 
to develop a national cooperative Federal and State program of 
weather modification research and development.

Section 3.

  This section would provide the findings of the bill.

Section 4.

  This section would define the terms ``Director'', 
``Program'', ``Research and Development'', ``Weather 
Mitigation'', and ``Working Group.''

Section 5.

  This section would establish the Weather Mitigation Research 
Program (Program) within NSF's Geosciences Directorate. The 
Program would establish and coordinate the national research 
and development program on weather mitigation. The Program 
would be headed by a Director, who is appointed by the Director 
of the Geosciences Directorate.
  This section would provide for the duties of the Program 
Director. These duties would include funding studies, 
investigations, and workshops; cooperating with other agencies; 
and conducting research and development activities.
  The section would establish a Working Group to advise and 
make recommendations to the Program. The Working Group would 
consist of the Program Director and 11 members, appointed by 
the Director of the NSF, from states, institutions of higher 
education, and experts in scientific fields. Working group 
members would serve at the pleasure of the Director of the NSF 
with vacancies filled in the manner as the original 
appointment. This section would also provide the process for 
determining the Working Group's leadership, meetings, and 
define quorum requirements.

Section 6.

  The section would require the Director of the National 
Science Foundation, in consultation with the Working Group, to 
develop and submit a 10-year plan to Congress for the 
establishment of a national research and development program as 
required by Section 5. The report would be required within one 
year after the date of enactment. The plan would establish the 
goals and objectives for Federal research, describe the 
specific activities required to achieve the goals and 
priorities, and estimate the level of Federal funding required 
for research activities under the Program.
  The section would identify the national research and 
development program activities related to weather mitigation, 
including: interdisciplinary research and development, and 
coordination of research and development activities to improve 
understanding of processes related to planned and inadvertent 
weather mitigation; coordination of relevant organizations that 
engage in weather mitigation research; development through 
partnerships among various government and academic 
institutions; establishment of scholarships and educational 
opportunities; dissemination of information; and administration 
of a grant program.
  The section would permit the Director of the NSF to establish 
a grant program for research and development projects that 
pertain to weather mitigation. Entities eligible for awards 
under this subsection shall include state agencies, 
institutions of higher education, or non-profit organizations 
that have an established background and experience in the field 
of weather mitigation and experience in working and 
coordinating with state agencies. Funding under this subsection 
would only be used for a research and development project that 
pertains to weather mitigation.

Section 7.

  This section would require the Director to prepare and submit 
a report to the President, the Senate Committee on Commerce, 
Science, and Transportation, and the House Committee on Science 
and Technology that would include a summary of achievements, an 
analysis of progress made toward achieving goals and 
objectives, a copy or summary of the implementation plan, 
recommendations, if any, regarding additional actions that may 
be required to support the purposes of the Act, and a 
description of any potential adverse consequences of weather 
mitigation efforts. The first report would be January 31 of the 
second calendar year after enactment of this Act and every two 
years thereafter.

Section 8.

  This section would instruct Federal agencies and any public 
or private agency or institution that receives funding from the 
United States, to the extent practicable, to cooperate with the 
Program Director in carrying out this Act.

Section 9.

  This section would require the Office of Science and 
Technology Policy to identify and address relevant programs and 
activities of the Federal agencies and departments that 
contribute to the Program, to consider and use reports and 
studies conducted by the Federal government, weather 
modification organizations, and other expert scientific bodies, 
and to make recommendations for the coordination of program 
activities with weather mitigation activities of national and 
international organization, in accordance with relevant 
international agreements.
  This section would require the Office of Science and 
Technology Policy to provide a summary of Federal agency 
budgets for weather mitigation research and a description of 
the relationship between weather mitigation research and 
research conducted under the Global Change Research Act of 
1990.

Section 10.

  This section would authorize $25 million to the Program for 
each fiscal year 2010 through 2014 to carry out the purpose of 
this Act. This section would allow the Program to accept, use, 
or dispose of gifts or donations of services or property.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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