US Congress : 2019-2020 Regular Session : BILL HB5519

GeoLawWatch Bill Summary

This bill does not create new prohibitions, restrictions, or penalties. Instead, it amends the America COMPETES Act to expand NOAA's research and monitoring authority regarding atmospheric climate intervention. The bill establishes the following framework:

Research and Monitoring Expansion:

Mandates improved measurement and assessment capabilities for understanding proposed atmospheric interventions in Earth's climate, prioritising stratospheric interventions and cloud-aerosol processes
Requires NOAA's Office of Ocean and Atmospheric Research to develop increased observations, improved models, new analyses, and risk assessment capabilities
Directs research focus on three specific areas: (A) chemistry and dynamics of the stratosphere, (B) Earth's radiation budget, and (C) impacts of atmospheric aerosol forcing on Earth's energy balance and climate
Authorises expansion of cloud computing, space-based and ground-based remote sensing, and commercially available technologies to accelerate research

Oversight and Reporting Functions:

Assigns NOAA's Office of Oceanic and Atmospheric Research the responsibility to assess and advise the Secretary regarding reports submitted under the Weather Modification Reporting Act of 1972 relating to atmospheric climate intervention experiments
Grants discretionary authority to make findings and data from such reports publicly available

Enforcement: None. This is a research authorisation bill with no regulatory or enforcement provisions.

Penalties: None specified.

Unusual Provisions:

The bill explicitly defines atmospheric climate intervention under the existing Weather Modification Reporting Act of 1972 framework, linking proposed geoengineering activities to existing weather modification reporting requirements
Congressional findings section identifies "significant risks" from stratospheric material introduction via natural events, increased air/space traffic, and proposals to inject material to reduce global radiative forcing
Findings reference the Montreal Protocol as the governing agreement for stratospheric ozone protection, suggesting Congressional intent to maintain international framework primacy over domestic regulatory initiatives

History

H.R. 5519 was introduced by Representative McNerney on December 19, 2019, during the first session of the 116th Congress. The bill was immediately referred to the House Committee on Science, Space, and Technology, which has jurisdiction over NOAA and federal scientific research programs. The same day, it received a secondary referral to the Subcommittee on Environment.

The subcommittee held a consideration and markup session on March 4, 2020, where members reviewed and potentially amended the bill text. Following this session, the subcommittee forwarded the bill to the full Committee on Science, Space, and Technology by voice vote, indicating either unanimous or non-controversial approval at the subcommittee level. A voice vote typically suggests broad bipartisan support or a lack of significant opposition, whereas a recorded vote would document individual positions.

The bill did not advance beyond committee consideration. This is typical of the vast majority of federal legislation—most bills die in committee without reaching the floor for a vote. The timing is also notable: the markup session occurred just days before the COVID-19 pandemic began dominating congressional attention in March 2020, which likely contributed to the bill's stalled progress as legislative priorities shifted dramatically.

Thu 19 Dec 2019 Introduced in House
Thu 19 Dec 2019 Referred to the House Committee on Science, Space, and Technology.
Thu 19 Dec 2019 Referred to the Subcommittee on Environment.
Wed 04 Mar 2020 Subcommittee Consideration and Mark-up Session Held.
Wed 04 Mar 2020 Forwarded by Subcommittee to Full Committee by Voice Vote .

Consolidated Bill Text

116TH CONGRESS
1ST SESSION H. R. 5519

To amend the America COMPETES Act to improve measurement and assessment capabilities for understanding proposed atmospheric interventions in Earth's climate, including, as a priority, the effects of proposed interventions in the stratosphere and in cloud-aerosol processes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 19, 2019

Mr. MCNERNEY introduced the following bill; which was referred to the Committee on Science, Space, and Technology

A BILL

To amend the America COMPETES Act to improve measurement and assessment capabilities for understanding proposed atmospheric interventions in Earth's climate, including, as a priority, the effects of proposed interventions in the stratosphere and in cloud-aerosol processes.

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 "Atmospheric Climate Intervention Research Act".

SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Oceanic and Atmospheric Administration (referred to in this section as "NOAA") and its Office of Ocean and Atmospheric Research undertakes research, including scientific research, computer modeling and other forms of analysis, and uses satellite, airborne, and ground-based systems to monitor atmospheric chemistry and dynamics, including radiative forcing gases and stratospheric ozone as well as the chemical compounds and atmospheric conditions that affect its concentration.

(2) The NOAA Earth System Research Laboratory, the NOAA Geophysical Fluid Dynamics Laboratory, and the NOAA Air Resource Laboratory are actively involved in observations, modeling, and monitoring that enhance the scientific understanding of atmospheric chemistry and dynamics, drivers of radiative forcing of climate change in the atmosphere, the health of the stratosphere, including ozone and the processes affecting its concentration in the stratosphere, and cloud aerosol interactions and their climate effects.

(3) There are significant risks posed by the potential introduction of material into the stratosphere from natural events such as volcanic eruptions, increased air and space traffic, and proposals to inject material to temporarily reduce global radiative forcing of climate that currently are the subject of a forthcoming report by the National Academies of Sciences.

(4) To monitor and assess these risks requires significant improvements to observations of the abundances and chemistry of the stratospheric gases and particles and the reflectivity of the stratosphere to establish the baseline state of the stratosphere and its trend over time and to develop enhancements to stratospheric models used for predicting climate impacts of material introduced into the stratosphere by natural or other means.

(5) Under the Weather Modification Reporting Act of 1972 (15 U.S.C. 330 et seq.), NOAA is responsible for oversight of any activities undertaken to modify weather, which includes research or testing activities related to modifying the atmosphere to affect local, regional, or global climate (defined as atmospheric climate intervention under such Act).

(6) The Montreal Protocol, finalized in 1987, and ratified by the United States in 1988, has proven to be innovative and successful in protecting the Earth's ozone layer, and is the only environmental treaty to achieve universal ratification by all countries in the world. The United States has been a leader within the Protocol throughout its existence. Hence, the Protocol should remain the governing global agreement to protect the stratospheric ozone layer.

SEC. 3. STRATOSPHERE AND CLIMATE INTERVENTION RESEARCH PROGRAM.
Section 4001 of the America COMPETES Act (33 U.S.C. 893) is amended—
(1) in subsection (a)—
(A) by striking "atmospheric research" and inserting "atmospheric and climate intervention research"; and
(B) by inserting "and observational, monitoring, forecasting," after "advanced technologies"; and

(2) in subsection (b)—
(A) in the heading, by striking "and atmospheric" and inserting ", ATMOSPHERIC, AND CLIMATE INTERVENTION";
(B) in paragraph (2), by striking "and" at the end;
(C) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(4) to improve measurement and assessment capabilities for understanding proposed atmospheric interventions in climate, including, as a priority, the effects of proposed interventions in the stratosphere and in cloud-aerosol processes;
"(5) within the Office of Ocean and Atmospheric Research of the National Oceanic and Atmospheric Administration, to undertake research, including scientific research, and develop increased observations, improved models, new analyses, computing and related technologies, and risk assessment to improve understanding and prediction of—
"(A) the chemistry and dynamics of the stratosphere;
"(B) Earth's radiation budget; and
"(C) the impacts of changes in atmospheric aerosol forcing on the Earth's energy balance and climate;
"(6) to expand the use of cloud computing, space-based and ground-based remote sensing capabilities, and other commercially available technologies to accelerate research; and
"(7) within the Office of Oceanic and Atmospheric Research, to assess and advise the Secretary with respect to reports submitted under the Weather Modification Reporting Act of 1972 (15 U.S.C. 330 et seq.) relating to atmospheric climate intervention experiments, and, as determined appropriate by the Office, make available to the public findings and data relating to such reports.".