117 HR 3031 IH: Adoption Tax Credit Refundability Act of 2021
U.S. House of Representatives
2021-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 3031
IN THE HOUSE OF REPRESENTATIVES

May 7, 2021
Mr. Danny K. Davis of Illinois (for himself, Mrs. Walorski, Ms. Bass, and Mr. Bacon) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit.

1.Short titleThis Act may be cited as the Adoption Tax Credit Refundability Act of 2021. 2.Refundable adoption tax credit (a)Credit made refundable (1)Credit moved to subpart relating to refundable creditsThe Internal Revenue Code of 1986 is amended—
(A)by redesignating section 23 as section 36C, and (B)by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1.
(2)Conforming Amendments
(A)Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D and inserting section 25D. (B)Section 36C of such Code, as so redesignated, is amended—
(i)in subsection (b)(2)(A), by striking (determined without regard to subsection (c)), (ii)by striking subsection (c), and
(iii)by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C)Section 137 of such Code is amended—
(i)in subsection (d), by striking section 23(d) and inserting section 36C(c), and (ii)in subsection (e), by striking subsections (e), (f), and (g) of section 23 and inserting subsections (d), (e), and (f) of section 36C.
(D)Section 1016(a)(26) of such Code is amended by striking 23(g) and inserting 36C(f). (E)Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,.
(F)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,.
(H)Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking section 23 and inserting section 36C. (I)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:

Sec. 36C. Adoption expenses..
(b)Third-Party affidavitsSection 36C(h) of the Internal Revenue Code of 1986, as redesignated and moved by subsection (a), is amended— (1)by striking such regulations and inserting such regulations and guidance,
(2)by striking including regulations which treat and inserting  including regulations and guidance which—
(1)treat, (3)by striking the period at the end and inserting , and, and
(4)by adding at the end the following:   (2)provide for a standardized third-party affidavit for purposes of verifying a legal adoption—
(A)of a type with respect to which qualified adoption expenses may be paid or incurred, or (B)involving a child with special needs for purposes of subsection (a)(3)..
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020. (d)Transitional rule To treat carryforward as refundable creditIn the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1650
		IN THE HOUSE OF REPRESENTATIVES

			September 22, 2010
			Mr. Smith of New
			 Jersey (for himself, Mr.
			 Wolf, Mr. Pitts, and
			 Mr. Fortenberry) submitted the
			 following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Calling on the Government of the People’s
		  Republic of China to immediately release Chen Guangcheng and his relatives from
		  house arrest and to cease persecuting and harassing Chen Guangcheng, his
		  relatives, and supporters.

		Whereas Chen Guangcheng, a citizen of the People’s
			 Republic of China, overcame great obstacles, including the loss of his sight
			 due to a childhood disease, to become a self-educated lawyer;
		Whereas in 2005, Chen collected testimony and evidence on
			 a one-child policy enforcement campaign in Linyi county, Shandong province,
			 which resulted in 130,000 forced abortions and sterilizations, according to
			 press reports cited by the United States Department of State;
		Whereas in 2005, Chen met with legal scholars and foreign
			 journalists to discuss filing a class-action lawsuit against those responsible
			 for the one-child policy enforcement campaign in Linyi county and to publicize
			 the enforcement campaign;
		Whereas in 2005, Chinese officials placed Chen under
			 effective house arrest, surrounding his house with police officials, not
			 permitting him to leave freely, and restricting others’ access to his home and
			 village;
		Whereas in August 2006, Chinese officials convicted Chen
			 of property destruction and assembling a crowd to disrupt traffic and sentenced
			 him to four years, three months in prison;
		Whereas Chinese officials announced Chen’s trial date
			 several days before the trial, detained the lawyers he had selected to
			 represent him, and refused to permit them to enter the courtroom;
		Whereas Chen was beaten by his fellow prisoners, prevented
			 from communicating with his family, and suffered chronic and serious illness
			 while in prison;
		Whereas since 2005, Chen’s wife, Yuan Weijing, has been
			 placed under varying degrees of house arrest, surveillance, and visitors to
			 their house have been beaten and harassed, and their children prevented from
			 enrolling in school;
		Whereas, on September 9, 2010, the date Chen’s sentence
			 expired, Chinese officials transported Chen from prison to his house, which
			 officials have surrounded with police and surveillance cameras;
		Whereas Chen has called on “international organizations
			 and people of conscience” to react to his continued house arrest “in a united
			 manner … If they can help me today, their actions will help another person
			 tomorrow”;
		Whereas in 2006, Chen was included in Time magazine’s list
			 of 2006's Top 100 People Who Shape Our World in the category of
			 Heroes and Pioneers, and in 2007, Chen was recognized with the
			 Ramon Magsaysay Award, which cited, his irrepressible passion for
			 justice in leading ordinary Chinese citizens to assert their legitimate rights
			 under the law;
		Whereas the violence that Chen sought to document in 2005
			 is ongoing, and in 2010 there are reliable reports of large scale and violent
			 abortion enforcement campaigns in Guangdong, Fujian, Yunnan, Zhejiang, and
			 Jiangxi provinces;
		Whereas it is not known that the Government of the
			 People’s Republic of China has ever punished an official for forcing a woman to
			 undergo abortion or sterilization; and
		Whereas the Government of the People’s Republic of China
			 links officials’ job promotion with their ability to meet or exceed population
			 planning targets, evaluates officials by a system that rewards them for
			 overseeing compulsory abortions, and frequently urges officials to
			 rigorously enforce compulsory abortion on pregnant women who do
			 not have a birth permit: Now, therefore, be it

		That the House of
			 Representatives—
			(1)calls on the Government of the People’s
			 Republic of China to immediately release Chen Guangcheng and his relatives from
			 house arrest and to cease persecuting and harassing Chen Guangcheng, his
			 relatives, and supporters;
			(2)calls on the
			 Government of the People’s Republic of China to ensure that Chen Guangcheng has
			 access to medical treatment;
			(3)calls on the
			 Government of the People’s Republic of China to investigate the one-child
			 policy enforcement campaign held in 2005 in Linyi county, Shandong province,
			 and to punish those responsible for the massive human rights violations
			 perpetrated in connection with that campaign; and
			(4)condemns the birth limitation policy of the
			 Government of the People’s Republic of China, particularly the enforcement of
			 birth limitations through policies that encourage officials to physically force
			 women to have abortions or to be sterilized or both.


115 HR 2632 IH: To require the Secretary of the Army, acting through the Chief of Engineers, to undertake remediation oversight of the West Lake Landfill located in Bridgeton, Missouri.
U.S. House of Representatives
2017-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2632IN THE HOUSE OF REPRESENTATIVESMay 24, 2017Mr. Clay (for himself and Mrs. Wagner) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Secretary of the Army, acting through the Chief of Engineers, to undertake
			 remediation oversight of the West Lake Landfill located in Bridgeton,
			 Missouri.

		1.Transfer of oversight authority from EPA to Corps of Engineers
 (a)DefinitionsIn this section, the following definitions apply: (1)SecretaryThe term Secretary means the Secretary of the Army, acting through the Chief of Engineers.
 (2)SiteThe term site means the West Lake Landfill located in Bridgeton, Missouri. (b)TransferNotwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, the Secretary shall—
 (1)under the Formerly Utilized Sites Remedial Action Program, undertake the functions and activities described in section 611 of the Energy and Water Development Appropriations Act, 2000 (10 U.S.C. 2701 note; 113 Stat. 502) as the lead agency responding to radioactive contamination at the site; and
 (2)carry out remediation activities at the site in accordance with that section. (c)Cost recoveryThe Secretary, in coordination with the Administrator of the Environmental Protection Agency and the Attorney General, shall—
 (1)seek to recover any response costs incurred by the Secretary in carrying out this section in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
 (2)return any funds that are recovered under paragraph (1) to be used to carry out the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers.
 (d)FundingThe Secretary shall use amounts made available to the Secretary to carry out the Formerly Utilized Sites Remedial Action Program to carry out this section.
			(e)Savings provisions
 (1)No liabilityNothing in subsection (b) creates liability for— (A)the Secretary for—
 (i)contamination at the site; or (ii)any actions or failures to act by any past, current, or future licensees, owners, operators, or users of the site; or
 (B)any other party involved with the site. (2)No effect on liability under other lawNothing in subsection (b) alters the liability of any party relating to the site under any other provision of law.
 (3)No effect on Superfund status; national priorities list designationNothing in this Act affects the designation of the site as a Superfund site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the listing of the site on the national priorities list under section 105 of that Act (42 U.S.C. 9605).


		II

		109th CONGRESS

		1st Session

		S. 1032

		IN THE SENATE OF THE UNITED STATES

			May 12, 2005

			Mrs. Boxer introduced

			 the following bill; which was read twice and referred to the

			 Committee on Commerce, Science, and

			 Transportation

		A BILL

		To improve seaport

		  security.

		1.Short titleThis Act may be cited as the

			 United States Seaport Multiyear

			 Security Enhancement Act.

		2.Seaport security

			 improvement projects

			(a)Grant

			 authoritySubject to the

			 requirements of this section, the Transportation Security Administration may

			 make grants to seaports to enhance security.

			(b)ApplicationsA seaport seeking a grant under this

			 section shall submit to the Administration an application in such form and

			 containing such information as the Administration prescribes.

			(c)Grant

			 awards

				(1)In

			 generalThe Administration,

			 after consultation with the Secretary of Transportation, may approve an

			 application of a seaport for a grant under this section only if the

			 Administration determines that the project will improve security at a seaport

			 or improve the efficiency of the seaport without lessening security.

				(2)PriorityThe Administration shall give priority in

			 awarding grants under this section to seaports that the Administration

			 considers will impact or enhance the Nation’s seaport security.

				(d)Matching

			 requirements

				(1)75-percent

			 Federal fundingExcept as

			 provided in paragraph (2), Federal funds for any eligible project under this

			 section shall not exceed 75 percent of the total cost of such project.

				(2)Exceptions

					(A)Small

			 projectsA seaport with a

			 project under subsection (a) that costs less than $25,000 shall not be required

			 to match Federal funds.

					(B)Higher level of

			 support requiredIf the

			 Administration determines that a proposed project merits support and cannot be

			 undertaken without a higher rate of Federal support, the Administration may

			 approve grants under this section with a matching requirement other than that

			 specified in paragraph (1).

					(e)Letters of

			 intent

				(1)IssuanceThe Administration may issue a letter of

			 intent to a seaport committing to obligate from future budget authority an

			 amount, not more than the Federal Government’s share of the project’s cost, for

			 a seaport security improvement project (including interest costs and costs of

			 formulating the project).

				(2)ScheduleA letter of intent under this subsection

			 shall establish a schedule under which the Administration will reimburse the

			 seaport for the Government’s share of the project’s costs, as amounts become

			 available, if the seaport, after the Administration issues the letter, carries

			 out the project without receiving amounts under this section.

				(3)Notice to

			 AdministrationA seaport that

			 has been issued a letter of intent under this subsection shall notify the

			 Administration of the seaport’s intent to carry out a project before the

			 project begins.

				(4)Notice to

			 CongressThe Administration

			 shall transmit to the Committees on Appropriations and Transportation and

			 Infrastructure of the House of Representatives and the Committees on

			 Appropriations and Commerce, Science, and Transportation of the Senate a

			 written notification at least 3 days before the issuance of a letter of intent

			 under this section.

				(5)LimitationsA letter of intent issued under this

			 subsection is not an obligation of the Government under section 1501 of title

			 31, and the letter is not deemed to be an administrative commitment for

			 financing. An obligation or administrative commitment may be made only as

			 amounts are provided in authorization and appropriations laws.

				(6)Statutory

			 constructionNothing in this

			 subsection shall be construed to prohibit the obligation of amounts pursuant to

			 a letter of intent under this subsection in the same fiscal year as the letter

			 of intent is issued.

				(f)Application of

			 additional requirementsThe

			 Administration may require as a condition for issuance of a letter of intent

			 such reasonable administrative requirements as necessary to carry out the

			 provisions of this Act.

			(g)Notification to

			 committeeThe Administration

			 shall notify the appropriate committees of Congress when a grant is made under

			 this section.

			(h)Authorization

			 of appropriationsThere is

			 authorized to be appropriated to carry out this section $800,000,000 for each

			 of fiscal years 2006 through 2010. Such sums shall remain available until

			 expended.


114 HR 4410 IH: Fresh Start Act of 2016
U.S. House of Representatives
2016-02-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4410
		IN THE HOUSE OF REPRESENTATIVES

			February 1, 2016
			Mr. Cohen (for himself, Ms. Norton, Mr. Blumenauer, Ms. Moore, Mr. Grijalva, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To permit expungement of records of certain nonviolent criminal offenses, and for other purposes.

 1.Short titleThis Act may be cited as the Fresh Start Act of 2016. 2.Expungement of criminal records for certain nonviolent offenders (a)In generalChapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter:

					DExpungement

							Sec.
							3631. Expungement of certain criminal records in limited circumstances.
							3632. Requirements for expungement.
							3633. Procedure for expungement.
							3634. Effect of expungement.
							3635. Reversal of expunged records.
						3631.Expungement of certain criminal records in limited circumstances
 (a)In generalAny eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense.
 (b)Definition of nonviolent offenseIn this subchapter, the term nonviolent offense means any offense under this title that— (1)is not a crime of violence (as such term is defined in section 16 of title 18, United States Code); or
 (2)is not an offense that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
 3632.Requirements for expungementAn individual is eligible for expungement under this subchapter if that individual— (1)at the time of filing, had never been convicted of any criminal offense (including any offense under State law) other than nonviolent offenses committed in a single criminal episode that includes the offense for which expungement is sought; and
 (2)has fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including—
 (A)paying all fines, restitutions, or assessments; (B)completion of any term of imprisonment or period of probation;
 (C)meeting all conditions of a supervised release; and (D)if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year.
								3633.Procedure for expungement
 (a)PetitionA petition for expungement may be filed only in the court in which the petitioner was convicted of the nonviolent offense for which expungement is sought. The clerk of the court shall serve that petition on the United States Attorney for that district. Except as provided under subsection (d), not later than 60 days after service of such petition, the United States Attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner.
 (b)Submission of evidenceThe petitioner and the Government may file with the court evidence relating to the petition. (c)Basis for decisionIn making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety.
 (d)Subsequent petitionIf the court denies the petition, the petitioner may not file another such petition until the date that is 2 years after the date of such denial.
							(e)Mandatory grant of petition
 (1)In generalExcept as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled all requirements of the sentence. The United States Attorney may not submit recommendations under subsection (a) with regard to that petition.
 (2)ExceptionsThe court may not grant under this subsection the petition of a petitioner who has committed a nonviolent offense that is one of the following:
 (A)Any offense under this title that causes the petitioner to be required to register under the Sexual Offender Registration and Notification Act.
 (B)Any offense under this title that causes a victim or victims to sustain a loss of not less than $25,000.
									3634.Effect of expungement
 (a)In generalAn order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement.
 (b)No disqualification; statementsAn individual whose petition under this subchapter is granted shall not be required to divulge information pertaining to the nonviolent offense with regard to which expungement is sought, nor shall such individual be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the individual for any purpose. The fact that such individual has been convicted of the nonviolent offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession.
 (c)Records expunged or sealedExcept as provided under section 3635, on the grant of a petition under this subchapter, the following shall be expunged:
 (1)Any official record relating to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.
 (2)Any reference in any official record to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.
 (d)ExceptionsThe Attorney General may make rules providing for exceptions to subsection (c) as the Attorney General determines necessary to serve the interests of justice and public safety.
 (e)Reversal of expungementThe records or references expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual is convicted of any Federal or State offense after the date of expungement.
							3635.Disclosure of expunged records
 (a)Record of disposition To be retainedThe Attorney General shall retain an unaltered nonpublic copy of— (1)any record that is expunged; and
 (2)any record containing a reference that is expunged. (b)Law enforcement purposesThe Attorney General shall maintain a nonpublic index of the records described under subsection (a) containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the individual who is the subject of such record, the word expunged, and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under subsection (d) or to any Federal or State law enforcement agency that has custody of such records.
							(c)Authorized disclosures
 (1)In generalExcept as provided in paragraph (2), any record described in subsection (a) pertaining to an individual may be made available only—
 (A)to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or
 (B)to any State or local agency with responsibility for the issuance of licenses to possess firearms, in the case of an individual applying for such a license.
 (2)Authorized disclosure to individualsOn application of the individual to whom a record described under subsection (a) pertains, that record may be made available to the individual.
 (d)Punishment for improper disclosureWhoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (c), of any record or reference that is expunged under this subchapter shall be fined under this title or imprisoned not more than one year, or both..
 (b)Clerical amendmentThe table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:

						D.Expungement3631.
 (c)Effective dateThe amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.
			3.Incentive payments under the Byrne grants program for States to implement certain expungement
 procedures and requirementsSection 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection:

				(i)Payment incentives for States To implement certain expungement procedures and requirements
					(1)Payment incentives
 (A)BonusIn the case of a State that receives funds for a fiscal year (beginning with fiscal year 2017) under this subpart and that has in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent.
 (B)PenaltyIn the case of a State that receives funds for a fiscal year (beginning with fiscal year 2017) under this subpart and that does not have in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of such funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be decreased by 5 percent.
 (2)ReportsThe Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that, with respect to the year involved—
 (A)lists the States that have (and those States which do not have) in effect throughout the State laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code; and
 (B)describes the increases granted to States under paragraph (1)(A), the penalties imposed on States under paragraph (1)(B), and the amounts that States being penalized under paragraph (1)(B) would have received if such States had in effect laws described in subparagraph (A) of this paragraph. (3)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection for each of the fiscal years 2017 through 2022, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 5 percent of the total amount appropriated pursuant to such section for such fiscal year..


113 S1304 IS: Buy Smarter and Save Act of 2013
U.S. Senate
2013-07-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1304
		IN THE SENATE OF THE UNITED STATES

			July 16 (legislative
			 day, July 15), 2013
			Mr. Begich introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To promote strategic sourcing principles within the
		  Federal Government.

		1.Short titleThis Act may be cited as the
			 Buy Smarter and Save Act of
			 2013.
		2.Goals for strategic
			 sourcing of Federally procured goods and services
			(a)Requirement To
			 establish goals for purchases and savings using strategic
			 sourcingThe President shall establish—
				(1)an annual
			 Government-wide goal to procure goods and services using strategic sourcing, in
			 accordance with this section; and
				(2)an annual
			 Government-wide goal for savings resulting from the use of strategic sourcing,
			 in accordance with this section.
				(b)Amount of
			 procurement goal
				(1)In
			 generalThe goal for procurement of goods and services
			 established under subsection (a) shall be—
					(A)in each of fiscal
			 years 2014 and 2015, at least $100,000,000,000; and
					(B)in each of fiscal
			 years 2016, 2017, and 2018, at least $75,000,000,000.
					(c)Amount of
			 savings goalThe goal for savings resulting from the use of
			 strategic sourcing established under subsection (a) shall be—
				(1)in each of fiscal
			 years 2014 and 2015, at least $10,000,000,000; and
				(2)in each of fiscal
			 years 2016, 2017, and 2018, at least $7,500,000,000.
				3.Implementation of
			 strategic sourcing goals by Office of Management and Budget
			(a)Guidance by
			 Office of Management and BudgetThe Director of the Office of
			 Management and Budget shall issue guidance to executive agencies for
			 implementing the goals established under section 2. The Director, in
			 consultation with the heads of executive agencies, may set specific goals for
			 procurement and savings that are customized to individual executive
			 agencies.
			(b)Matters
			 coveredIn the guidance issued under subsection (a), the Director
			 shall include, at a minimum, the following:
				(1)Criteria for the
			 goods and services to be procured using strategic sourcing, consistent with the
			 considerations described in subsection (c).
				(2)A
			 description of the specific data required to be submitted by executive agencies
			 to the Director regarding implementation of the goals.
				(3)Guidance on
			 calculating and verifying savings generated from strategic sourcing.
				(4)Standards to
			 measure progress towards meeting savings goals.
				(5)Procedures to hold
			 agencies accountable and ensure that agencies are achieving their strategic
			 sourcing goals.
				(6)Procedures to ensure that an agency is not
			 making purchases that significantly exceed the requirements of the
			 agency.
				(7)A
			 list of existing Government-wide strategic sourcing vehicles.
				(c)ConsiderationsIn
			 developing the guidance issued under this section, the Director shall take into
			 consideration the application of strategic sourcing in a manner that—
				(1)maintains a strong
			 industrial and manufacturing base in the United States;
				(2)is consistent with
			 international trade agreements;
				(3)accounts for the
			 benefits as well as the costs of procuring goods and services;
				(4)emphasizes the procurement of goods and
			 services that are procured repetitively, procured Government-wide and in large
			 amounts, and are non-technical and commercial in nature;
				(5)allows for easy
			 conduct of a spend analysis under section 4(b); and
				(6)reflects the requirements of the Small
			 Business Act, including the provisions addressing contract bundling, contract
			 consolidation, and the need to achieve the statutory small business prime
			 contracting and subcontracting goals in section 15 of that Act (15 U.S.C.
			 644).
				(d)Relationship to
			 Federal Strategic Sourcing InitiativeIn issuing guidance under this section, the
			 Director shall take into account and be consistent with the Federal Strategic
			 Sourcing Initiative managed by the Office of Federal Procurement Policy.
			(e)ReportNot
			 later than 180 days after the end of a fiscal year for which a goal is
			 established under section 2, the Director shall submit to Congress a report on
			 the implementation of this Act. The report shall include, at a minimum—
				(1)the dollar amount
			 of spending for goods and for services that was strategically sourced during
			 the year covered by the report;
				(2)the extent of
			 savings on purchases of goods and services realized by executive agencies
			 during that year; and
				(3)such findings and
			 recommendations as the Director considers appropriate.
				4.Strategic
			 sourcing duties of covered departments
			(a)In
			 generalThe Secretary of a
			 covered department shall take the following actions to support strategic
			 sourcing efforts in the department:
				(1)Establishment of
			 department-wide goals and savings targets for strategic sourcing efforts in
			 support of the goals established under section 2.
				(2)Establishment of a
			 strategic sourcing accountability official within the department.
				(3)Issuance of a
			 policy that outlines the role, authority, and responsibilities of the strategic
			 sourcing accountability official and department practices for strategic
			 sourcing.
				(4)Identification of
			 department-specific strategic sourcing contracts already in use and
			 establishment of utilization goals for current and future strategic sourcing
			 efforts.
				(5)Development of
			 standards to track and assess compliance with the goals established under
			 section 2, consistent with the guidance and considerations under section
			 3.
				(b)Spend analysis
			 requirementNot later than
			 six months after the date of the enactment of this Act, and in accordance with
			 the guidance and considerations under section 3, the Secretary of a covered
			 department shall conduct a spend analysis of procurements by the department
			 during fiscal year 2012 to identify, assess, and quantify goods and services
			 suitable for strategic sourcing. Based on the analysis, the Secretary shall
			 select, for implementation in fiscal year 2014, at least one good or service to
			 strategically source from among the top 20 procurement spending categories for
			 commercial goods and services that are identified in the analysis as suitable
			 for strategic sourcing.
			5.Study and report
			 by Comptroller General
			(a)Study on
			 contract utilization feesThe
			 Comptroller General of the United States shall conduct a study to assess the
			 effect of contract utilization fees on the use of multiple agency contracts,
			 including strategic sourcing vehicles using multiple award schedules, and shall
			 submit a report on the results of the study to Congress not later than one year
			 after the date of the enactment of this Act.
			(b)Study on
			 establishing contract vehiclesThe Comptroller General shall
			 conduct a study to examine the cost of establishing each of the current Federal
			 strategic sourcing initiative contract vehicles, and shall submit a report on
			 the results of the study to Congress not later than one year after the date of
			 the enactment of this Act.
			(c)Annual report on
			 implementation of Act
				(1)AssessmentsEach
			 year, the Comptroller General shall assess—
					(A)the performance of
			 executive agencies in implementing the strategic sourcing goals required by
			 this Act; and
					(B)the amounts saved
			 through the use of strategic sourcing, including a comparison of the costs of
			 establishing and maintaining strategic sourcing contract vehicles.
					(2)ReportThe
			 Comptroller General shall submit a report on the results of the assessment to
			 Congress not later than one year after the date of the enactment of this Act
			 and annually thereafter while the goals are in effect.
				6.DefinitionsIn this Act:
			(1)Executive
			 agencyThe term
			 executive agency has the meaning given the term Executive
			 agency in section 105 of title 5, United States Code.
			(2)Covered
			 departmentThe term covered department means the
			 Department of Defense, the Department of Homeland Security, the Department of
			 Energy, the Department of Veterans Affairs, the National Aeronautics and Space
			 Administration, the Department of Health and Human Services, the General
			 Services Administration, and the Small Business Administration.
			(3)Strategic
			 sourcingThe term
			 strategic sourcing means a structured and collaborative process of
			 critically analyzing an organization’s spending patterns to better leverage its
			 purchasing power, reduce costs, and improve overall value and
			 performance.


		I
		112th CONGRESS
		2d Session
		H. R. 4475
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2012
			Mr. Cassidy
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend and modify the temporary reduction of duty on
		  DEMBB.

		1.DEMBB
			(a)In
			 generalHeading 9902.11.06 of
			 the Harmonized Tariff Schedule of the United States (relating to DEMBB) is
			 amended—
				(1)by striking
			 Free and inserting 1.0%; and
				(2)by striking the
			 date in the effective period column and inserting
			 12/31/2015.
				(b)Effective
			 dateThe amendments made by subsection (a) apply with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of enactment of this Act.


109 HR 4898 IH: Common Sense Budget Act of 2006
U.S. House of Representatives
2006-03-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
2d Session
H. R. 4898
IN THE HOUSE OF REPRESENTATIVES

March 8, 2006
Ms. Woolsey (for herself, Ms. Lee, Mr. Grijalva, Mr. Kucinich, Mr. Davis of Illinois, Mr. Nadler, Mr. McDermott, Mr. Owens, Mr. McGovern, Mr. Clay, Mr. Conyers, Mr. Honda, Ms. Jackson-Lee of Texas, Mr. Stark, Ms. Schakowsky, and Ms. McKinney) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Homeland Security, and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To reallocate funds toward sensible priorities such as improved children’s education, increased children’s access to health care, expanded job training, and increased energy efficiency and conservation through a reduction of wasteful defense spending, and for other purposes.

1.Short titleThis Act may be cited as the Common Sense Budget Act of 2006.
2.FindingsCongress finds the following:
(1)The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined, yet—
(A)the United States now ranks 25th in the world in infant mortality, behind most of the nations of Western Europe and the industrialized Far East, while $60,000,000,000 of the United States defense budget is expended annually on weapons designed to thwart Soviet Union aggression during the Cold War and other wasteful programs;
(B)Federal spending on elementary and secondary education has fallen to less than 10 percent of the proposed 2007 outlays for the Department of Defense, while schools throughout the Nation are eliminating programs in music, foreign language, and physical education;
(C)61,000,000 individuals in the United States lack health insurance during some period of any given year, and half that number of individuals (over 10,000,000 of whom are children) lack such insurance for the entire year;
(D)the Government Accountability Office estimates that—
(i)1/3 of the Nation's public schools, serving 14,000,000 children, need extensive repair or need to have their entire physical plants replaced;
(ii)85 percent of the Nation's public schools, 73,000 facilities serving 40,000,000 children, need some repair work; and
(iii)the total cost for the repairs and replacement described in this subparagraph is over $120,000,000,000;
(E)research conducted by the National Center for Education Statistics shows that middle school students in the United States rank 18th in science test scores and 19th in math test scores internationally, behind students in such countries as the Republic of Korea, the Slovak Republic, Singapore, the Russian Federation, and Malaysia; and
(F)the Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense.
(2)The United States spends over $20,000,000,000 annually to maintain its nuclear arsenal, although many of the weapons in that arsenal no longer have practical utility. The United States needs to eliminate spending on obsolete weapons systems and use the funds saved to meet urgent domestic needs for health care, education, job training, and increased energy efficiency and conservation.
(3)The Department of Defense is spending billions of dollars developing space weapons and preparing plans to deploy them, although—
(A)those expenditures and plans contravene White House policy, in place for a decade, that emphasizes arms control and nonproliferation pacts; and
(B)the development of those weapons is opposed by many United States allies, who have rightly stated that a shift in policy towards that development will create an arms race in space.
(4)The United States needs to reduce its dependence on foreign oil by promoting long-term energy security through greater investment in sustainable and renewable energy alternatives.
(5)The United States is facing unprecedented challenges to national security and broader national interests. Sustainable development and humanitarian assistance programs should be a central part of United States foreign policy. To address the root causes of instability and terrorism and undercut the ability of terrorist organizations to recruit effectively, the United States needs to address the global challenges of poverty, illiteracy, unemployment, disease, and disaster by increasing funding for sustainable development and humanitarian assistance programs.
3.Reductions in amounts available for certain defense and energy programs
(a)Reductions in amounts available for programs
(1)Department of defense programs
(A)In generalNotwithstanding any other provision of law, of the amounts appropriated or otherwise available for fiscal year 2007 for each program or account of the Department of Defense specified in subparagraph (B)—
(i)the amount available in such fiscal year for such program or account shall be reduced by the amount specified with respect to such program or account in that subparagraph; and
(ii)an amount equal to the aggregate amount of all such reductions under clause (i) shall be available instead for the purposes set forth in subsection (b).
(B)Specified programs and accounts and amountsThe programs and accounts, and amounts with respect to such programs and accounts, specified in this subparagraph are as follows:
(i)The F–22 fighter aircraft program, $2,800,000,000.
(ii)The F–35 Joint Strike fighter aircraft program, $3,300,000,000.
(iii)The C–130J aircraft program, $1,600,000,000.
(iv)The V–22 Osprey aircraft program, $2,100,000,000.
(v)The Virginia class submarine program, $2,300,000,000.
(vi)The next generation destroyer (DD(X)) program, $3,400,000,000.
(vii)The Ballistic Missile Defense program, $8,300,000,000.
(viii)Cross-service accounts for research, development, test, and evaluation, $5,000,000,000.
(ix)Accounts providing funds for personnel and other costs associated with drawdowns and other reductions in the Armed Forces, $5,000,000,000.
(x)Space weapons programs, $5,000,000,000.
(xi)The Future Combat System, $2,700,000,000.
(xii)Programs relating to the operations of the Department of Defense that can be combined to achieve efficiencies in such operations, $5,000,000,000.
(2)Department of energy national security programsNotwithstanding any other provision of law, of the amounts appropriated or otherwise available for fiscal year 2007 for the Department of Energy for the National Nuclear Security Administration for national security programs—
(A)the amount available in such fiscal year for such programs shall be reduced by $14,000,000,000; and
(B)an amount equal to the amount of the reduction under subparagraph (A) shall be available instead for the purposes set forth in subsection (b).
(b)Domestic programsFrom amounts made available under subsection (a)—
(1)$10,000,000,000 shall be made available to carry out the modernization of school facilities under section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b));
(2)$10,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.);
(3)$5,000,000,000 shall be made available to carry out employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.);
(4)$10,000,000,000 shall be made available to the Secretary of Energy for such programs as that Secretary may specify to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives;
(5)$13,000,000,000 shall be made available to the Secretary of State for such sustainable development and humanitarian assistance programs as that Secretary may specify to alleviate the global challenges of poverty, illiteracy, unemployment, disease, and disaster;
(6)$5,000,000,000 shall be available to the Secretary of Homeland Security to improve safeguards pursuant to the Homeland Security Act of 2002;
(7)$5,000,000,000 shall be made available to reduce the deficit; and
(8)$2,000,000,000 shall be made available for medical research.
4.Effective dateThis Act takes effect 90 days after the date of enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 1733
		IN THE HOUSE OF REPRESENTATIVES

			May 4, 2011
			Mr. Whitfield (for
			 himself, Mr. Chandler,
			 Ms. Schakowsky, and
			 Mr. Pitts) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Interstate Horseracing Act of 1978 to
		  prohibit the use of performance-enhancing drugs in horseracing, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Interstate Horseracing Improvement Act
			 of 2011.
		2.FindingsCongress finds the following:
			(1)Congress enacted
			 the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) to regulate
			 interstate commerce with respect to parimutuel wagering on horseracing in order
			 to protect and further the horseracing industry of the United States.
			(2)The horseracing
			 industry represents approximately $40,000,000,000 to the United States economy
			 annually and generates nearly 400,000 domestic jobs.
			(3)The use of performance-enhancing drugs in
			 horseracing adversely affects interstate commerce, creates unfair competition,
			 deceives horse buyers and the wagering public, weakens the breed of the
			 American Thoroughbred, is detrimental to international sales of the American
			 Thoroughbred, and threatens the safety and welfare of horses and
			 jockeys.
			(4)The use of
			 performance-enhancing drugs in horseracing is widespread in the United States,
			 where no uniform regulations exist with respect to the use of, and testing for,
			 performance-enhancing drugs in interstate horseracing.
			(5)The use of performance-enhancing drugs in
			 horseracing is not permitted in most jurisdictions outside the United States.
			 In the internationally competitive sport of horseracing, the United States
			 stands alone in its permissive use of performance-enhancing drugs.
			(6)The use of
			 performance-enhancing drugs is illegal in the United States in every sport
			 other than horseracing.
			(7)To protect and
			 further the horseracing industry of the United States, it is necessary to
			 prohibit the use of performance-enhancing drugs in interstate
			 horseracing.
			3.Prohibitions on
			 use of performance-enhancing drugs
			(a)In
			 generalThe Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et
			 seq.) is amended—
				(1)by redesignating
			 section 9 as section 11; and
				(2)by inserting after
			 section 8 the following:

						9.Prohibitions on
				use of performance-enhancing drugs
							(a)DefinitionsIn
				this section:
								(1)Accredited third
				party conformity assessment bodyThe term accredited third party
				conformity assessment body means a testing laboratory that has an
				accreditation—
									(A)meeting
				International Organization for Standardization/International Electrotechnical
				Commission standard 17025:2005 entitled General Requirements for the
				Competence of Testing and Calibration Laboratories (or any successor
				standard);
									(B)from an
				accreditation body that is a signatory to the International Laboratory
				Accreditation Cooperation Mutual Recognition Arrangement; and
									(C)that includes
				testing for performance-enhancing drugs within the scope of the
				accreditation.
									(2)Performance-enhancing
				drugThe term
				performance-enhancing drug—
									(A)means any substance capable of affecting
				the performance of a horse at any time by acting on the nervous system,
				cardiovascular system, respiratory system, digestive system, urinary system,
				reproductive system, musculoskeletal system, blood system, immune system (other
				than licensed vaccines against infectious agents), or endocrine system of the
				horse; and
									(B)includes the substances listed in the
				Alphabetized Listing of Drugs in the January 2010 revision of the Association
				of Racing Commissioners International, Inc., publication entitled
				Uniform Classification Guidelines for Foreign Substances.
									(b)Prohibition on
				entering horses under the influence of performance-Enhancing drugs in races
				subject to interstate off-Track wageringA person may not—
								(1)enter a horse in a
				race that is subject to an interstate off-track wager if the person knows the
				horse is under the influence of a performance-enhancing drug; or
								(2)knowingly provide
				a horse with a performance-enhancing drug if the horse, while under the
				influence of the drug, will participate in a race that is subject to an
				interstate off-track wager.
								(c)Regulations of
				the host racing association banning performance-Enhancing drugsA host racing association may not conduct a
				horserace that is the subject of an interstate off-track wager unless the host
				racing association has a policy in place that—
								(1)bans any person
				from providing a horse with a performance-enhancing drug if the horse will
				participate in such a horserace while under the influence of the drug;
								(2)bans the racing of a horse that is under
				the influence of a performance-enhancing drug;
								(3)requires, for each
				horserace that is the subject of an interstate off-track wager, that an
				accredited third party conformity assessment body test for any
				performance-enhancing drug—
									(A)the first-place
				horse in the race; and
									(B)one additional
				horse, to be randomly selected from the other horses participating in the race;
				and
									(4)requires the accredited third party
				conformity assessment body performing tests described in paragraph (3) to
				report any test results demonstrating that a horse may participate, or may have
				participated, in a horserace that is the subject of an interstate off-track
				wager while under the influence of a performance-enhancing drug—
									(A)to the Federal Trade Commission; and
									(B)if the host racing commission has entered
				into an agreement under subsection (e), to the host racing commission.
									(d)Penalties
								(1)Civil
				penalties
									(A)In
				generalA person that provides a horse with a
				performance-enhancing drug or races a horse in violation of subsection (b)
				shall be—
										(i)for the first such
				violation—
											(I)subject to a civil
				penalty of not less than $5,000; and
											(II)suspended for a period of not less than 180
				days from all activities relating to any horserace that is the subject of an
				interstate off-track wager;
											(ii)for the second
				such violation—
											(I)subject to a civil
				penalty of not less than $20,000; and
											(II)suspended for a period of not less than 1
				year from all activities relating to any horserace that is the subject of an
				interstate off-track wager; and
											(iii)for the third or
				subsequent such violation—
											(I)subject to a civil
				penalty of not less than $50,000; and
											(II)permanently banned from all activities
				relating to any horserace that is the subject of an interstate off-track
				wager.
											(B)Horseracing
				activitiesFor purposes of subparagraph (A), activities relating
				to a horserace that is the subject of an interstate off-track wager include
				being physically present at any race track at which any such horserace takes
				place, placing a wager on any such horserace, and entering a horse in any such
				horserace.
									(C)Payment of civil penaltiesA civil penalty imposed under this
				paragraph shall be paid to the United States without regard to whether the
				imposition of the penalty results from the initiation of a civil action
				pursuant to section 10.
									(2)Suspension of
				horsesA horse that is provided with a performance-enhancing drug
				or is raced in violation of subsection (b) shall—
									(A)for the first such violation, be suspended
				for a period of not less than 180 days from racing in any horserace that is the
				subject of an interstate off-track wager;
									(B)for the second such violation, be suspended
				for a period of not less than 1 year from racing in any horserace that is the
				subject of an interstate off-track wager; and
									(C)for the third or subsequent such violation,
				be suspended for a period of not less than 2 years from racing in any horserace
				that is the subject of an interstate off-track wager.
									(3)Violations in
				multiple StatesA person shall be subject to a penalty described
				in clause (ii) or (iii) of paragraph (1)(A), and a horse shall be subject to
				suspension under subparagraph (B) or (C) of paragraph (2), for a second or
				subsequent violation of subsection (b) without regard to whether the prior
				violation and the second or subsequent violation occurred in the same
				State.
								(e)Agreements for
				enforcement by host racing commissions
								(1)In
				generalThe Federal Trade Commission may enter into an agreement
				with a host racing commission under which the host racing commission agrees to
				enforce the provisions of this section with respect to horseraces that are the
				subject of interstate off-track wagers in the host State.
								(2)Conditional
				availability of civil penalties to host racing commissionsIf a
				host racing commission agrees to enforce the provisions of this section
				pursuant to an agreement under paragraph (1), any amounts received by the
				United States as a result of a civil penalty imposed under subsection (d)(1)
				with respect to a horserace that occurred in the State in which the host racing
				commission operates shall be available to the host racing commission, without
				further appropriation and until expended, to cover the costs incurred by the
				host racing commission in enforcing the provisions of this section.
								(f)Enforcement by
				the Federal Trade Commission
								(1)In
				generalThe Federal Trade Commission shall enforce the provisions
				of this section—
									(A)with respect to
				horseraces that are the subject of interstate off-track wagers that
				occur—
										(i)in any State in
				which the host racing commission does not enter into an agreement under
				subsection (e); and
										(ii)in any State in
				which the host racing commission has entered into an agreement under subsection
				(e) if the Federal Trade Commission determines the host racing commission is
				not adequately enforcing the provisions of this section; and
										(B)with respect to
				violations of subsection (b) by a person, or with respect to a horse, in
				multiple States.
									(2)Unfair or
				deceptive act or practice; actions by Federal Trade CommissionIn cases in which the Federal Trade
				Commission enforces the provisions of this section pursuant to paragraph
				(1)—
									(A)a violation of a prohibition described in
				subsection (b) or (c) shall be treated as a violation of a rule defining an
				unfair or deceptive act or practice described under section 18(a)(1)(B) of the
				Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)); and
									(B)except as provided in paragraph (3), the
				Federal Trade Commission shall enforce the provisions of this section in the
				same manner, by the same means, and with the same jurisdiction, powers, and
				duties as though all applicable terms and provisions of the Federal Trade
				Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of
				this section.
									(3)Enforcement with
				respect to nonprofit organizationsNotwithstanding any provision
				of the Federal Trade Commission Act (15 U.S.C. 41 et seq.), the Federal Trade
				Commission shall have the authority to enforce the provisions of this section
				pursuant to paragraph (1) with respect to organizations that are described in
				section 501(c)(3) of the Internal Revenue Code of 1986 and that are exempt from
				taxation under section 501(a) of such Code.
								(g)RulemakingThe
				Federal Trade Commission shall prescribe such rules as may be necessary to
				carry out the provisions of this section in accordance with the provisions of
				section 553 of title 5, United States Code.
							(h)Effect on State
				lawsNothing in this section preempts a State from adopting or
				enforcing a law, policy, or regulation prohibiting the use of
				performance-enhancing drugs in horseracing to the extent that the law, policy,
				or regulation imposes additional requirements or higher penalties than are
				provided for under this section.
							10.Private right of
				action for certain violationsNotwithstanding sections 6 and 7, in any
				case in which a person has reason to believe that an interest of that person is
				threatened or adversely affected by the engagement of another person in a
				practice that violates a provision of section 9 or a rule prescribed under
				section 9, the person may bring a civil action in an appropriate district court
				of the United States or other court of competent jurisdiction—
							(1)to enjoin the
				practice;
							(2)to enforce
				compliance with the provision or rule;
							(3)to enforce the
				penalties provided for under section 9(d);
							(4)to obtain damages
				or restitution, including court costs and reasonable attorney and expert
				witness fees; and
							(5)to obtain such
				other relief as the court considers
				appropriate.
							.
				(b)Effective
			 dateThe amendments made by subsection (a) shall take effect on
			 the date of the enactment of this Act and apply with respect to horseraces
			 occurring on or after that date.


110 HR 906 RH: Global Change Research and Data Management Act of 2007
U.S. House of Representatives
2008-04-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 376
110th CONGRESS 2d Session
H. R. 906
[Report No. 110–605, Part I]
IN THE HOUSE OF REPRESENTATIVES

February 7, 2007
Mr. Udall of Colorado (for himself and Mr. Inglis of South Carolina) introduced the following bill; which was referred to the Committee on Science and Technology, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

April 24, 2008
Additional sponsors: Ms. Giffords, Mr. Lantos, Mr. Gilchrest, Mr. Inslee, Mr. Jones of North Carolina, Mr. Gordon of Tennessee, Mr. Bartlett of Maryland, Mr. Ehlers, Mr. Miller of North Carolina, Mr. Wu, and Ms. Eddie Bernice Johnson of Texas

April 24, 2008
Reported from the Committee on Science and Technology with an amendment
Strike out all after the enacting clause and insert the part printed in italic

April 24, 2008
 Committee on Foreign Affairs discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on February 7, 2007

A BILL
To promote and coordinate global change research, and for other purposes.

1.Short titleThis Act may be cited as the Global Change Research and Data Management Act of 2007.
IGLOBAL CHANGE RESEARCH
101.Findings and purpose
(a)FindingsThe Congress makes the following findings:
(1)Industrial, agricultural, and other human activities, coupled with an expanding world population, are contributing to processes of global change that are significantly altering the Earth habitat.
(2)Such human-induced changes, in conjunction with natural fluctuations, may lead to significant alterations of world climate patterns. Over the next century, these changes could adversely affect world agricultural and marine production, coastal habitability, biological diversity, human health, global social and political stability, and global economic activity.
(3)Developments in interdisciplinary Earth sciences, global observing systems, and satellite and computing technologies make possible significant scientific understanding of global changes and their effects, and have resulted in the significant expansion of environmental data and information.
(4)Development of effective policies to prevent, mitigate, and adapt to global change will rely on improvement in scientific understanding of global environmental processes and on development of information that is of use to decisionmakers at the local, regional, and national levels.
(5)Although the United States Global Change Research Program has made significant contributions to understanding Earth’s climate and the anthropogenic influences on Earth’s climate and its ecosystems, the Program now needs to produce more information to meet the expressed needs of decisionmakers.
(6)Predictions of future climate conditions for specific regions have considerable uncertainty and are unlikely to be confirmed in a time period necessary to inform decisions on land, water, and resource management. However, improved understanding of global change should be used to assist decisionmakers in the development of policies to ensure that ecological, social, and economic systems are resilient under a variety of plausible climate futures.
(7)In order to most effectively meet the needs of decisionmakers, both the research agenda of the United States Global Change Research Program and its implementation must be informed by continuous feedback from documented users of information generated by the Program.
(b)PurposeThe purpose of this title is to provide for the continuation and coordination of a comprehensive and integrated United States observation, research, and outreach program which will assist the Nation and the world to understand, assess, predict, and respond to the effects of human-induced and natural processes of global change.
102.DefinitionsFor purposes of this title—
(1)the term global change means human-induced or natural changes in the global environment (including alterations in climate, land productivity, oceans or other water resources, atmospheric chemistry, biodiversity, and ecological systems) that may alter the capacity of the Earth to sustain life;
(2)the term global change research means study, monitoring, assessment, prediction, and information management activities to describe and understand—
(A)the interactive physical, chemical, and biological processes that regulate the total Earth system;
(B)the unique environment that the Earth provides for life;
(C)changes that are occurring in the Earth system; and
(D)the manner in which such system, environment, and changes are influenced by human actions;
(3)the term interagency committee means the interagency committee established under section 103;
(4)the term Plan means the National Global Change Research and Assessment Plan developed under section 105;
(5)the term Program means the United States Global Change Research Program established under section 104; and
(6)the term regional climate change means the natural or human-induced changes manifested in the local or regional environment (including alterations in weather patterns, land productivity, water resources, sea level rise, atmospheric chemistry, biodiversity, and ecological systems) that may alter the capacity of a specific region to support current or future social and economic activity or natural ecosystems.
103.Interagency cooperation and coordination
(a)EstablishmentThe President shall establish or designate an interagency committee to ensure cooperation and coordination of all Federal research activities pertaining to processes of global change for the purpose of increasing the overall effectiveness and productivity of Federal global change research efforts. The interagency committee shall include representatives of both agencies conducting global change research and agencies with authority over resources likely to be affected by global change.
(b)Functions of the Interagency CommitteeThe interagency committee shall—
(1)serve as the forum for developing the Plan and for overseeing its implementation;
(2)serve as the forum for developing the vulnerability assessment under section 107;
(3)ensure cooperation among Federal agencies with respect to global change research activities;
(4)work with academic, State, industry, and other groups conducting global change research, to provide for periodic public and peer review of the Program;
(5)cooperate with the Secretary of State in—
(A)providing representation at international meetings and conferences on global change research in which the United States participates; and
(B)coordinating the Federal activities of the United States with programs of other nations and with international global change research activities;
(6)work with appropriate Federal, State, regional, and local authorities to ensure that the Program is designed to produce information needed to develop policies to reduce the vulnerability of the United States and other regions to global change;
(7)facilitate ongoing dialog and information exchange with regional, State, and local governments and other user communities; and
(8)identify additional decisionmaking groups that may use information generated through the Program.
104.United States Global Change Research Program
(a)EstablishmentThe President shall establish an interagency United States Global Change Research Program to improve understanding of global change, to respond to the information needs of communities and decisionmakers, and to provide periodic assessments of the vulnerability of the United States and other regions to global and regional climate change. The Program shall be implemented in accordance with the Plan.
(b)Lead agencyThe lead agency for the United States Global Change Research Program shall be the Office of Science and Technology Policy.
(c)Interagency program activitiesThe Director of the Office of Science and Technology Policy, in consultation with the interagency committee, shall identify activities included in the Plan that involve participation by 2 or more agencies in the Program, and that do not fall within the current fiscal year budget allocations of those participating agencies, to fulfill the requirements of this Act. The Director of the Office of Science and Technology Policy shall allocate funds to the agencies to conduct the identified interagency activities. Such activities may include—
(1)development of scenarios for climate, land-cover change, population growth, and socioeconomic development;
(2)calibration and testing of alternative regional and global climate models;
(3)identification of economic sectors and regional climatic zones; and
(4)convening regional workshops to facilitate information exchange and involvement of regional, State, and local decisionmakers, non-Federal experts, and other stakeholder groups in the activities of the Program.
(d)WorkshopsThe Director shall ensure that at least one workshop is held per year in each region identified by the Plan under section 105(b)(11) to facilitate information exchange and outreach to regional, State, and local stakeholders as required by this Act.
(e)Authorization of appropriationsThere are authorized to be appropriated to the Office of Science and Technology Policy for carrying out this section $10,000,000 for each of the fiscal years 2008 through 2013.
105.National Global Change Research and Assessment Plan
(a)In GeneralThe President shall develop a National Global Change Research and Assessment Plan for implementation of the Program. The Plan shall contain recommendations for global change research and assessment. The President shall submit an outline for the development of the Plan to the Congress within 1 year after the date of enactment of this Act, and shall submit a completed Plan to the Congress within 3 years after the date of enactment of this Act. Revised Plans shall be submitted to the Congress at least once every 5 years thereafter. In the development of each Plan, the President shall conduct a formal assessment process under this section to determine the needs of appropriate Federal, State, regional, and local authorities and other interested parties regarding the types of information needed by them in developing policies to reduce society’s vulnerability to global change and shall utilize these assessments, including the reviews by the National Academy of Sciences and the National Governors Association under subsections (e) and (f), in developing the Plan.
(b)Contents of the PlanThe Plan shall—
(1)establish, for the 10-year period beginning in the year the Plan is submitted, the goals and priorities for Federal global change research which most effectively advance scientific understanding of global change and provide information of use to Federal, State, regional, and local authorities in the development of policies relating to global change;
(2)describe specific activities, including efforts to determine user information needs, research activities, data collection, database development, and data analysis requirements, development of regional scenarios, assessment of model predictability, assessment of climate change impacts, participation in international research efforts, and information management, required to achieve such goals and priorities;
(3)identify relevant programs and activities of the Federal agencies that contribute to the Program directly and indirectly;
(4)set forth the role of each Federal agency in implementing the Plan;
(5)consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities;
(6)make recommendations for the coordination of the global change research and assessment activities of the United States with such activities of other nations and international organizations, including—
(A)a description of the extent and nature of international cooperative activities;
(B)bilateral and multilateral efforts to provide worldwide access to scientific data and information; and
(C)improving participation by developing nations in international global change research and environmental data collection;
(7)detail budget requirements for Federal global change research and assessment activities to be conducted under the Plan;
(8)catalog the type of information identified by appropriate Federal, State, regional, and local decisionmakers needed to develop policies to reduce society’s vulnerability to global change and indicate how the planned research will meet these decisionmakers’ information needs;
(9)identify the observing systems currently employed in collecting data relevant to global and regional climate change research and prioritize additional observation systems that may be needed to ensure adequate data collection and monitoring of global change;
(10)describe specific activities designed to facilitate outreach and data and information exchange with regional, State, and local governments and other user communities; and
(11)identify and describe regions of the United States that are likely to experience similar impacts of global change or are likely to share similar vulnerabilities to global change.
(c)Research ElementsThe Plan shall include at a minimum the following research elements:
(1)Global measurements, establishing worldwide to regional scale observations prioritized to understand global change and to meet the information needs of decisionmakers on all relevant spatial and time scales.
(2)Information on economic, demographic, and technological trends that contribute to changes in the Earth system and that influence society’s vulnerability to global and regional climate change.
(3)Development of indicators and baseline databases to document global change, including changes in species distribution and behavior, extent of glaciations, and changes in sea level.
(4)Studies of historical changes in the Earth system, using evidence from the geological and fossil record.
(5)Assessments of predictability using quantitative models of the Earth system to simulate global and regional environmental processes and trends.
(6)Focused research initiatives to understand the nature of and interaction among physical, chemical, biological, land use, and social processes related to global and regional climate change.
(7)Focused research initiatives to determine and then meet the information needs of appropriate Federal, State, and regional decisionmakers.
(d)Information ManagementThe Plan shall incorporate, to the extent practicable, the recommendations relating to data acquisition, management, integration, and archiving made by the interagency climate and other global change data management working group established under section 203.
(e)National Academy of Sciences EvaluationThe President shall enter into an agreement with the National Academy of Sciences under which the Academy shall—
(1)evaluate the scientific content of the Plan; and
(2)recommend priorities for future global and regional climate change research and assessment.
(f)National Governors Association EvaluationThe President shall enter into an agreement with the National Governors Association Center for Best Practices under which that Center shall—
(1)evaluate the utility to State, local, and regional decisionmakers of each Plan and of the anticipated and actual information outputs of the Program for development of State, local, and regional policies to reduce vulnerability to global change; and
(2)recommend priorities for future global and regional climate change research and assessment.
(g)Public ParticipationIn developing the Plan, the President shall consult with representatives of academic, State, industry, and environmental groups. Not later than 90 days before the President submits the Plan, or any revision thereof, to the Congress, a summary of the proposed Plan shall be published in the Federal Register for a public comment period of not less than 60 days.
106.Budget coordination
(a)In GeneralThe President shall provide general guidance to each Federal agency participating in the Program with respect to the preparation of requests for appropriations for activities related to the Program.
(b)Consideration in President’s BudgetThe President shall submit, at the time of his annual budget request to Congress, a description of those items in each agency’s annual budget which are elements of the Program.
107.Vulnerability assessment
(a)RequirementWithin 1 year after the date of enactment of this Act, and at least once every 5 years thereafter, the President shall submit to the Congress an assessment which—
(1)integrates, evaluates, and interprets the findings of the Program and discusses the scientific uncertainties associated with such findings;
(2)analyzes current trends in global change, both human-induced and natural, and projects major trends for the subsequent 25 to 100 years;
(3)based on indicators and baselines developed under section 105(c)(3), as well as other measurements, analyzes changes to the natural environment, land and water resources, and biological diversity in—
(A)major geographic regions of the United States; and
(B)other continents;
(4)analyzes the effects of global change, including the changes described in paragraph (3), on food and fiber production, energy production and use, transportation, human health and welfare, water availability and coastal infrastructure, and human social and economic systems, including providing information about the differential impacts on specific geographic regions within the United States, on people of different income levels within those regions, and for rural and urban areas within those regions; and
(5)summarizes the vulnerability of different geographic regions of the world to global change and analyzes the implications of global change for the United States, including international assistance, population displacement, food and resource availability, and national security.
(b)Use of related reportsTo the extent appropriate, the assessment produced pursuant to this section may coordinate with, consider, incorporate, or otherwise make use of related reports, assessments, or information produced by the United States Global Change Research Program, regional, State, and local entities, and international organizations, including the World Meteorological Organization and the Intergovernmental Panel on Climate Change.
108.Policy assessmentNot later than 1 year after the date of enactment of this Act, and at least once every 4 years thereafter, the President shall enter into a joint agreement with the National Academy of Public Administration and the National Academy of Sciences under which the Academies shall—
(1)document current policy options being implemented by Federal, State, and local governments to mitigate or adapt to the effects of global and regional climate change;
(2)evaluate the realized and anticipated effectiveness of those current policy options in meeting mitigation and adaptation goals;
(3)identify and evaluate a range of additional policy options and infrastructure for mitigating or adapting to the effects of global and regional climate change;
(4)analyze the adoption rates of policies and technologies available to reduce the vulnerability of society to global change with an evaluation of the market and policy obstacles to their adoption in the United States; and
(5)evaluate the distribution of economic costs and benefits of these policy options across different United States economic sectors.
109.Annual reportEach year at the time of submission to the Congress of the President’s budget request, the President shall submit to the Congress a report on the activities conducted pursuant to this title, including—
(1)a description of the activities of the Program during the past fiscal year;
(2)a description of the activities planned in the next fiscal year toward achieving the goals of the Plan; and
(3)a description of the groups or categories of State, local, and regional decisionmakers identified as potential users of the information generated through the Program and a description of the activities used to facilitate consultations with and outreach to these groups, coordinated through the work of the interagency committee.
110.Relation to other authoritiesThe President shall—
(1)ensure that relevant research, assessment, and outreach activities of the National Climate Program, established by the National Climate Program Act (15 U.S.C. 2901 et seq.), are considered in developing national global and regional climate change research and assessment efforts; and
(2)facilitate ongoing dialog and information exchange with regional, State, and local governments and other user communities through programs authorized in the National Climate Program Act (15 U.S.C. 2901 et seq.).
111.RepealThe Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.) is repealed.
112.Global change research informationThe President shall establish or designate a Global Change Research Information Exchange to make scientific research and other information produced through or utilized by the Program which would be useful in preventing, mitigating, or adapting to the effects of global change accessible through electronic means.
113.Ice sheet study and report
(a)Study
(1)RequirementThe Director of the National Science Foundation and the Administrator of National Oceanic and Atmospheric Administration shall enter into an arrangement with the National Academy of Sciences to complete a study of the current status of ice sheet melt, as caused by climate change, with implications for global sea level rise.
(2)ContentsThe study shall take into consideration—
(A)the past research completed related to ice sheet melt as reviewed by Working Group I of the Intergovernmental Panel on Climate Change;
(B)additional research completed since the fall of 2005 that was not included in the Working Group I report due to time constraints; and
(C)the need for an accurate assessment of changes in ice sheet spreading, changes in ice sheet flow, self-lubrication, the corresponding effect on ice sheets, and current modeling capabilities.
(3)ReportNot later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the key findings of the study conducted under subsection (a), along with recommendations for additional research related to ice sheet melt and corresponding sea level rise.
114.Hurricane frequency and intensity study and report
(a)Study
(1)RequirementThe Administrator of the National Oceanic and Atmospheric Administration and the Director of the National Science Foundation shall enter into an arrangement with the National Academy of Sciences to complete a study of the current state of the science on the potential impacts of climate change on patterns of hurricane and typhoon development, including storm intensity, track, and frequency, and the implications for hurricane-prone and typhoon-prone coastal regions.
(2)ContentsThe study shall take into consideration—
(A)the past research completed related to hurricane and typhoon development, track, and intensity as reviewed by Working Groups I and II of the Intergovernmental Panel on Climate Change;
(B)additional research completed since the fall of 2005 that was not included in the Working Group I and II reports due to time constraints;
(C)the need for accurate assessment of potential changes in hurricane and typhoon intensity, track, and frequency and of the current modeling and forecasting capabilities and the need for improvements in forecasting of these parameters; and
(D)the need for additional research and monitoring to improve forecasting of hurricanes and typhoons and to understand the relationship between climate change and hurricane and typhoon development.
(3)ReportNot later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the key findings of the study conducted under subsection (a).
IICLIMATE AND OTHER GLOBAL CHANGE DATA MANAGEMENT
201.Findings and purposes
(a)FindingsThe Congress makes the following findings:
(1)Federal agencies have a primary mission to manage and archive climate and other global change data obtained through their research, development, or operational activities.
(2)Maintenance of climate and global change data records is essential to present and future studies of the Earth’s atmosphere, biogeochemical cycles, and climate.
(3)Federal capabilities for the management and archiving of these data have not kept pace with advances in satellite and other observational technologies that have vastly expanded the type and amount of information that can be collected.
(4)Proposals and plans for expansion of global observing networks should include plans for the management of data to be collected and budgets reflecting the cost of support for management and archiving of data.
(b)PurposesThe purposes of this title are to establish climate and other global change data management and archiving as Federal agency missions, and to establish Federal policies for managing and archiving climate and other global change data.
202.DefinitionsFor purposes of this title—
(1)the term metadata means information describing the content, quality, condition, and other characteristics of climate and other global change data, compiled, to the maximum extent possible, consistent with the requirements of the Content Standard for Digital Geospatial Metadata (FGDC–STD–001–1998) issued by the Federal Geographic Data Committee, or any successor standard approved by the working group; and
(2)the term working group means the interagency climate and other global change data management working group established under section 203.
203.Interagency climate and other global change data management working group
(a)EstablishmentThe President shall establish or designate an interagency climate and other global change data management working group to make recommendations for coordinating Federal climate and other global change data management and archiving activities.
(b)MembershipThe working group shall include the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, the Director of the United States Geological Survey, the Archivist of the United States, the Administrator of the Environmental Protection Agency, the Secretary of the Smithsonian Institution, or their designees, and representatives of any other Federal agencies the President considers appropriate.
(c)ReportsNot later than 1 year after the date of enactment of this Act, the working group shall transmit a report to the Congress containing the elements described in subsection (d). Not later than 4 years after the initial report under this subsection, and at least once every 4 years thereafter, the working group shall transmit reports updating the previous report. In preparing reports under this subsection, the working group shall consult with expected users of the data collected and archived by the Program.
(d)ContentsThe reports and updates required under subsection (c) shall—
(1)include recommendations for the establishment, maintenance, and accessibility of a catalog identifying all available climate and other global change data sets;
(2)identify climate and other global change data collections in danger of being lost and recommend actions to prevent such loss;
(3)identify gaps in climate and other global change data and recommend actions to fill those gaps;
(4)identify effective and compatible procedures for climate and other global change data collection, management, and retention and make recommendations for ensuring their use by Federal agencies and other appropriate entities;
(5)develop and propose a coordinated strategy for funding and allocating responsibilities among Federal agencies for climate and other global change data collection, management, and retention;
(6)make recommendations for ensuring that particular attention is paid to the collection, management, and archiving of metadata;
(7)make recommendations for ensuring a unified and coordinated Federal capital investment strategy with respect to climate and other global change data collection, management, and archiving;
(8)evaluate the data record from each observing system and make recommendations to ensure that delivered data are free from time-dependent biases and random errors before they are transferred to long-term archives; and
(9)evaluate optimal design of observation system components to ensure a cost-effective, adequate set of observations detecting and tracking global change.
IIIINTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH
301.Findings and purposes
(a)FindingsThe Congress makes the following findings:
(1)Pooling of international resources and scientific capabilities will be essential to a successful international global change program.
(2)While international scientific planning is already underway, there is currently no comprehensive intergovernmental mechanism for planning, coordinating, or implementing research to understand global change and to mitigate possible adverse effects.
(3)An international global change research program will be important in building future consensus on methods for reducing global environmental degradation.
(4)The United States, as a world leader in environmental and Earth sciences, should help provide leadership in developing and implementing an international global change research program.
(b)PurposesThe purposes of this title are to—
(1)promote international, intergovernmental cooperation on global change research;
(2)involve scientists and policymakers from developing nations in such cooperative global change research programs; and
(3)promote international efforts to provide technical and other assistance to developing nations which will facilitate improvements in their domestic standard of living while minimizing damage to the global or regional environment.
302.International discussions
(a)Global Change ResearchThe President shall direct the Secretary of State to initiate discussions with other nations leading toward international protocols and other agreements to coordinate global change research activities. Such discussions should include the following issues:
(1)Allocation of costs in global change research programs, especially with respect to major capital projects.
(2)Coordination of global change research plans with those developed by international organizations such as the International Council on Scientific Unions, the World Meteorological Organization, and the United Nations Environment Program.
(3)Establishment of global change research centers and training programs for scientists, especially those from developing nations.
(4)Development of innovative methods for management of international global change research, including the use of new or existing intergovernmental organizations for the coordination or funding of global change research.
(5)Establishment of international offices to disseminate information useful in identifying, preventing, mitigating, or adapting to the possible effects of global change.
(b)Energy ResearchThe President shall direct the Secretary of State (in cooperation with the Secretary of Energy, the Secretary of Commerce, the United States Trade Representative, and other appropriate Federal agents) to initiate discussions with other nations leading toward an international research protocol for cooperation on the development of energy technologies which have minimally adverse effects on the environment. Such discussions should include the following issues:
(1)Creation of an international cooperative program to fund research related to energy efficiency and conservation, solar and other renewable energy sources, and passively safe and diversion-resistant nuclear reactors.
(2)Creation of an international cooperative program to develop low-cost energy technologies which are appropriate to the environmental, economic, and social needs of developing nations.
(3)Exchange of information concerning environmentally safe energy technologies and practices, including those described in paragraphs (1) and (2).

April 24, 2008
Reported from the Committee on Science and Technology with an amendment
April 24, 2008
 Committee on Foreign Affairs discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed