Section 1 Short title
This Act may be cited as the “Air Quality Act”.
Air Quality Act
A BILL
To prohibit weather modification within the United States, and for other purposes.
Sec. 2 Prohibition of weather modification
In general— Whoever, in any circumstance described in subsection (b), knowingly authorizes or conducts weather modification in the United States shall be subject to the penalties described in subsection (c).
Circumstances described— For the purposes of subsection (a), the circumstances described in this subsection are that—
the defendant traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a);
the defendant used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a);
the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner, including by computer, mail, wire, or electromagnetic transmission;
the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, the special aircraft jurisdiction of the United States, or any territory or possession of the United States; or
the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce.
Penalties—
Criminal penalty— Whoever violates subsection (a) shall be fined not more than $100,000 for each violation, imprisoned not more than 5 years, or both.
Civil penalty— The Administrator of the Environmental Protection Agency may, in coordination with the Administrator of the Federal Aviation Administration, impose a civil penalty of not more than $10,000 for each violation of subsection (a), in addition to any other penalties provided by law.
Repeat violations— Each instance of injection, release, emission, or dispersal under subsection (a) shall constitute a separate violation of such section.
Liability of officers and agents— In the case of a violation of subsection (a) by a public or private entity, the entity and any officer, director, or employee of the entity who knowingly authorizes a violation of, or violates, subsection (a) shall be subject to the penalties under this section.
Sec. 3 Reporting and investigation
Aircraft reporting—
Establishment of system— The Administrator of the Federal Aviation Administration shall establish a system for air carriers to report the location and movement of any aircraft equipped with any component, device, or the like which may be used to support weather modification.
Submission of reports— Such system may collect reports via telephone, email, mail, or an online portal.
Publication of reports— The Administrator of the Federal Aviation Administration shall make publicly available on the website of the Federal Aviation Administration any reports collected by such system under this subsection.
Public reporting—
Establishment of system— The Administrator of the Environmental Protection Agency, in consultation with the Administrator of the Federal Aviation Administration and the Administrator of the National Oceanic and Atmospheric Administration, shall establish a system for the public to report suspected violations of section 2.
Submission of reports— Such system may collect reports via telephone, email, mail, or an online portal.
Publication of reports— The Administrator of the Environmental Protection Agency shall make publicly available on the website of the Environmental Protection Agency any reports collected by such system under this subsection.
Investigation—
In general— The Administrator of the Environmental Protection Agency shall investigate suspected violations of section 2 reported pursuant to subsection (b) that the Administrator determines warrant further review.
Determination—
Requirement— For any suspected violation investigated under paragraph (1), the Administrator shall determine whether a violation of section 2 has occurred.
Coordination— In determining whether a violation of section 2 occurred, the Administrator of the Environmental Protection Agency may coordinate with the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the Federal Aviation Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, or the head of any other Federal agency that the Administrator of the Environmental Protection Agency determines to be relevant, to verify the nature of any activities described in a report submitted pursuant to subsection (b).
Referral to DOJ— The Administrator of the Environmental Protection Agency shall refer a suspected violation that the Administrator determines to have occurred under subsection (c)(2) to the Attorney General of the United States for further action.
Sec. 4 Repeal of existing authorities
Federal statutes— Any provision of a Federal statute authorizing or requiring weather modification, including a licensing requirement or permit for any such weather modification, is hereby repealed.
Federal regulations or executive orders— Any provision of a Federal regulation or Executive order authorizing or requiring weather modification, including a licensing requirement or permit for any such weather modification, is hereby nullified and shall have no force or effect.
Sec. 5 Prohibition on research and experimentation
Notwithstanding any other provision of law, no Federal department or agency, or any recipient of Federal funds, may authorize or conduct any research, testing, or experimentation that constitutes weather modification in the United States, including the territories and possessions of the United States.
Sec. 6 Definitions
In this Act:
Air carrier— The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.
Air pollutant— The term air pollutant has the meaning given such term in section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)).
Apparatus— The term apparatus means a device, instrument, or system.
Atmosphere— The term atmosphere means the gaseous envelope surrounding the Earth, including all airspace within the territorial jurisdiction of the United States.
Biological agent— The term biological agent has the meaning given such term in section 178 of title 18, United States Code.
Chemical substance— The term chemical substance has the meaning given such term in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602).
Cloud seeding— The term cloud seeding means the act of altering the processes of a cloud or storm by releasing a substance into the air.
Geoengineering— The term geoengineering means a technological intervention aimed at mitigating the effects of lowering the temperature of, or removing certain gases from, the atmosphere.
Marine cloud brightening— The term marine cloud brightening means a strategy for adding aerosol to the lower atmosphere over ocean regions to increase the reflectivity of clouds.
Stratospheric aerosol injection— The term stratospheric aerosol injection means a strategy for increasing the number of small reflective aerosols in the stratosphere to increase the reflection of incoming sunlight.
Weather modification—
In general— The term weather modification means any injection, release, emission, or dispersal of a chemical substance, a biological agent, or an air pollutant, or conveyance of an apparatus, into the atmosphere that—
produces a change in the composition or behavior of the atmosphere; or
affects the temperature, weather, climate, or intensity of sunlight.
Examples— Such term includes—
geoengineering;
cloud seeding;
solar radiation modification and management;
stratospheric aerosol injection; and
marine cloud brightening.
Sec. 7 Effective date
This Act shall take effect 90 days after the date of enactment of this Act.