Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Prairie Potholes National
Wildlife Refuge Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the area of the State of Iowa known as the Southern
        Prairie Potholes and consisting primarily of the Willow Creek
        watershed in Greene County offers exceptional potential for
        restoration into a bountiful native wildlife habitat area;
            (2) ongoing restoration and preservation of this wildlife
        habitat area will significantly enhance opportunities for
        outdoor recreation in this region, including waterfowl and
        upland hunting, wildlife viewing, and hiking;
            (3) the Southern Prairie Potholes area is located at the
        southwestern edge of the Des Moines Lobe left by glaciers
        12,000 years ago;
            (4) the sloughs and grassland offer a substantial oasis of
        both wetland and grassland habitat at the southwestern boundary
        of the most heavily cropped region in Iowa;
            (5) because of the location of the Southern Prairie
        Potholes at the edge of the multistate and international region
        known as the Prairie Potholes Region, and along important
        migratory flyways, the restoration and preservation of the area
        is critical to providing wildlife habitat across the full
        extent of the Prairie Potholes Region;
            (6) this 23,500-acre area has for years been designated by
        the Prairie Pothole Joint Venture as a priority area for
        restoration and preservation because of the importance of the
        area to wildlife, facilitating gradual public land acquisition
        for habitat restoration;
            (7) the area already includes the 2,134-acre Dunbar Slough
        wetland complex of Federal and State land managed as popular
        wildlife and hunting areas serving Carroll, Greene, and Guthrie
        Counties and beyond;
            (8) national wildlife refuges increasingly follow a mosaic
        pattern with a core of publicly held land surrounded by
        privately held land also located within the refuge boundary;
            (9) private ownership and uses are not affected for private
        land within the designated boundaries of the refuge, but
        private landowners may be provided increased opportunities for
        partnering on conservation or restoration practices;
            (10) restoration and preservation of the Southern Prairie
        Potholes area will benefit hundreds of birds, mammals,
        butterflies, reptiles, and amphibians that have been classified
        as species of greatest conservation need, including the
        endangered Blanding's turtle;
            (11) restoration of grassland and wetland in the area will
        contribute to improved flood control and water quality
        downstream, as the Middle Raccoon River is the major water
        source for the Des Moines metropolitan region and other
        communities;
            (12) the Southern Prairie Potholes area offers unique
        recreational appeal because the area is adjacent to the
        existing Whiterock Conservancy, a 4,300-acre land trust
        dedicated to conserving and protecting the natural resources of
        Iowa and engaging the public with the landscape;
            (13) Whiterock Conservancy offers outdoor recreation and
        education and includes a major new Backcountry Trail complex;
            (14) the proximity of the Southern Prairie Potholes to the
        largest metropolitan area in Iowa adds to the ability of the
        area to provide natural resource experiences to a broad
        community; and
            (15) the area is already attracting cyclists, and that
        appeal will grow with ongoing development of the cross-country
        American Discovery Trail transecting the area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Refuge.--The term ``Refuge'' means the Southern Prairie
        Potholes National Wildlife Refuge established under section 4.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. ESTABLISHMENT AND PURPOSE OF REFUGE.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish the Southern
        Prairie Potholes National Wildlife Refuge, consisting of
        approximately 23,500 acres of Federal land, water, and
        interests in land and water within the boundaries depicted on
        the map entitled ``Southern Prairie Potholes Project Area'' and
        dated August 26, 2014.
            (2) Boundary revisions.--The Secretary shall make such
        minor revisions of the boundaries of the Refuge as may be
        appropriate to carry out the purposes of the Refuge or to
        facilitate the acquisition of property within the Refuge.
            (3) Availability of map.--The Secretary shall keep the map
        referred to in paragraph (1) available for inspection in
        appropriate offices of the United States Fish and Wildlife
        Service.
    (b) Purposes.--The purposes of the Refuge are--
            (1) to enhance opportunities for outdoor recreation,
        including waterfowl and upland hunting, hiking, native habitat
        exploration, and wildlife viewing;
            (2) to provide for the restoration or preservation of
        Refuge land to native wetland and grassland habitats and
        landscapes;
            (3) to provide for the restoration and conservation of
        native plants and animal communities on suitable sites in the
        Southern Prairie Potholes area, including the protection of
        threatened and endangered species and the restoration of
        extirpated species;
            (4) to provide critical travel and nesting habitat for
        migratory birds;
            (5) to provide opportunities to private landowners to
        access technical or financial assistance for the voluntary
        restoration of the land of the private landowners for the
        benefit of fish and wildlife;
            (6) to provide for outdoor recreation, including hunting,
        hiking, paddling, and wildlife viewing to the public; and
            (7) to facilitate the education of the public, especially
        young people, about nature, the environment, and the
        conservation of the natural resources.
    (c) Effective Date.--
            (1) In general.--The establishment of the Refuge shall take
        effect on the date on which the Secretary publishes a notice
        that sufficient property has been acquired by the United States
        within the boundaries described in subsection (a)(1) to
        constitute an area that can be efficiently managed as a
        National Wildlife Refuge.
            (2) Publication.--The Secretary shall publish the notice
        described in paragraph (1) in the Federal Register and
        publications of local circulation in the vicinity of the area
        within the boundaries described in subsection (a)(1).

SEC. 5. ADMINISTRATION OF REFUGE.

    (a) In General.--Subject to the purposes described in section 4(b),
the Secretary shall administer all land, water, and interests in land
and water acquired under this Act in accordance with the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.).
    (b) Additional Authority.--The Secretary may use such additional
statutory authority as may be available for the conservation of fish
and wildlife, and the provision of fish- and wildlife-oriented
recreational opportunities, as the Secretary considers appropriate to
carry out the purposes of this Act.
    (c) Priority Uses.--In providing opportunities for compatible fish-
and wildlife-oriented recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1996 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge.
    (d) Volunteers and Partnerships.--The Secretary shall encourage the
use of volunteers and facilitate partnerships among the United States
Fish and Wildlife Service, local communities, conservation
organizations, and other non-Federal entities to promote public
awareness, conservation, and priority uses of the resources of the
Refuge.

SEC. 6. ACQUISITION OF LAND AND WATER.

    (a) In General.--Subject to subsection (c) and the availability of
appropriations, the Secretary may acquire up to 23,500 acres of land
and water, or interests in land and water, within the boundaries of the
Refuge as described in section 4(a)(1).
    (b) Inclusion in Refuge.--Any land, water, or interests acquired by
the Secretary under this section shall be part of the Refuge.
    (c) Manner of Acquisition.--All acquisition of land or water under
this section shall be made in a voluntary manner from willing sellers
only.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Output: Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation; (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) provide for the restoration and conservation of native plants and animal communities; (4) provide critical travel and nesting habitat for migratory birds; (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife; and (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources. .


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Victims
Empowerment Act'' or the ``Military SAVE Act''.

SEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS WHO ARE
              SURVIVORS OF MILITARY SEXUAL TRAUMA.

    (a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to furnish hospital care and medical services to
eligible veterans through non-Department health care providers to treat
injuries or illnesses which, in the judgment of a professional employed
by the Department, resulted from a physical assault of a sexual nature,
battery of a sexual nature, or sexual harassment which occurred while
the veteran was serving on active duty, active duty for training, or
inactive duty training.
    (b) Duration.--The Secretary shall carry out the pilot program
under subsection (a) for a 3-year period. If at the completion of the
pilot program an eligible veteran is receiving hospital care and
medical services from a non-Department health care provider under the
pilot program, the Secretary may approve, on a case-by-case basis, the
continuation of such hospital care and medical services from that non-
Department health care provider until the completion of the episode of
care.
    (c) Eligible Veterans.--A veteran is eligible to participate in the
pilot program under subsection (a) if the veteran--
            (1) is eligible to receive counseling and appropriate care
        and services under section 1720D of title 38, United States
        Code; and
            (2) resides in a site selected under subsection (d).
    (d) Sites.--
            (1) Selection.--The Secretary shall select not more than
        five sites in which to carry out the pilot program under
        subsection (a). Each site shall meet each of the following
        criteria:
                    (A) Except as provided by paragraph (2), the site
                consists of a city with a population between 200,000
                and 500,000, as determined by the Bureau of the Census
                as of the first day of the pilot program.
                    (B) The site is in a State in which the National
                Violence Against Women Prevention Research Center or
                the Centers for Disease Control and Prevention, or
                both, has determined the rate of sexual assault to be a
                substantial problem.
                    (C) The site is in a State that, as of the first
                day of the pilot program, has a weighted percentage of
                reported rape of not less than 20 percent but not more
                than 30 percent of sexual assault cases, in accordance
                with the finding of the Centers for Disease Control and
                Prevention contained in the ```Lifetime Prevalence of
                Sexual Violence by any Perpetrator'' (NISVS 2010).
            (2) Rural site.--Not fewer than one site selected under
        paragraph (1) shall be rural, as determined by the Secretary.
    (e) Participation.--
            (1) Election.--Subject to paragraph (2), an eligible
        veteran may elect to participate in the pilot program under
        subsection (a). Such election shall not affect the ability of
        the veteran to receive health care furnished by Department
        providers.
            (2) Number.--Not more than 75 veterans may participate in
        the pilot program under subsection (a) at each site selected
        under subsection (d).
            (3) Choice of non-department health care providers.--An
        eligible veteran who participates in the pilot program under
        subsection (a) may freely choose from which non-Department
        health care provider the veteran receives hospital care or
        medical services under the pilot program, except that the
        Secretary shall--
                    (A) ensure that each such non-Department health
                care provider maintains at least the same or similar
                credentials and licenses as those credentials and
                licenses that are required of health care providers of
                the Department, as determined by the Secretary for the
                purposes of this section; and
                    (B) make a reasonable effort to ensure that such
                non-Department health care provider is familiar with
                the conditions and concerns that affect members of the
                Armed Forces and veterans and is trained in evidence-
                based psychotherapy.
            (4) Provision of information.--The Secretary shall--
                    (A) notify eligible veterans of the ability to make
                an election under paragraph (1); and
                    (B) provide to such veterans educational referral
                materials, including through pamphlets and internet
                websites, on the non-Department providers in the sites
                selected under subsection (d).
    (f) Authorization and Monitoring of Care.--In accordance with
subsection (e), the Secretary shall ensure that the Department of
Veterans Affairs authorizes and monitors the hospital care and medical
services furnished under the pilot program for appropriateness and
necessity. In authorizing and monitoring such care, the Secretary
shall--
            (1) treat a non-Department health care provider that
        furnishes to such a veteran hospital care or medical services
        under the pilot program as an authorized recipient of records
        of such veteran for purposes of section 7332(b) of title 38,
        United States Code; and
            (2) ensure that such non-Department health care provider
        transmits to the Department such records as the Secretary
        determines appropriate.
    (g) Payments.--
            (1) Current providers.--If a non-Department health care
        provider has entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans,
        the Secretary shall pay the health care provider for hospital
        care or medical services furnished under this section using the
        same rates and payment schedules as provided for in such
        contract, agreement, or other arrangement.
            (2) New providers.--If a non-Department health care
        provider has not entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans,
        the Secretary shall pay the health care provider for hospital
        care or medical services furnished under this section using the
        same rates and payment schedule as if such care and services
        was furnished pursuant to section 1703 of title 38, United
        States Code.
            (3) New contracts and agreements.--The Secretary shall take
        reasonable efforts to enter into a contract, agreement, or
        other arrangement with a non-Department health care provider
        described in subsection (a) to ensure that future care and
        services authorized by the Secretary and furnished by the
        provider are subject to such a contract, agreement, or other
        arrangement.
    (h) Surveys.--The Secretary shall conduct a survey of a sample of
eligible veterans to assess the hospital care and medical services
furnished to such veterans either pursuant to this section or section
1720D of title 38, United States Code, as the case may be.
    (i) Report.--Not later than 60 days before the completion of the
pilot program under subsection (a), the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The report shall include the
following:
            (1) The results of the pilot program, including, to the
        extent possible, an assessment of the health outcomes of
        veterans who participated in the pilot program.
            (2) The recommendation of the Secretary with respect to
        extending or making permanent the pilot program.
    (j) Definitions.--In this section:
            (1) The term ``non-Department health care provider'' means
        an entity specified in section 101(a)(1)(B) of section 101 of
        the Veterans Access, Choice, and Accountability Act of 2015
        (Public Law 113-146; 38 U.S.C. 1701) or any other health care
        provider that has entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans.
            (2) The term ``sexual harassment'' has the meaning given
        that term in section 1720D of title 38, United States Code.
            (3) The term ``State'' has the meaning given that term in
        section 101(20) of title 38, United States Code.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out
the requirements of this Act. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.

            Passed the House of Representatives May 21, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Military Sexual Assault Victims Empowerment Act or the Military SAVE Act  (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training. Program participation shall not affect a veteran's ability to receive VA health care. An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements. The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site. The bill sets forth payment provisions for current and new non-VA providers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Date Labeling Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As of the date of enactment of this Act, date labeling
        practices on food packaging cause confusion with ``sell-by'',
        ``best-by'', ``use-by'', and ``best before'' dates, leading up
        to 90 percent of individuals in the United States to
        occasionally throw out still-fresh food.
            (2) Confusion over the meaning of date labels is estimated
        to account for 20 percent of consumer waste of safe, edible
        food, leading to approximately $29,000,000,000 of wasted
        consumer spending each year.
            (3) Consumer education and standardized date labeling are
        the top 2 most cost-effective strategies for reducing food
        waste, by economic value per ton diverted.
            (4) Wasted food costs consumers and industry money,
        squanders important natural resources that are used to grow,
        process, distribute, and store the food supply of the United
        States, and represents a missed opportunity to feed the
        millions of food insecure households in the United States that
        are struggling to access healthy, affordable food.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering secretaries.--The term ``administering
        Secretaries'' means--
                    (A) with respect to products described in paragraph
                (4)(A), the Secretary of Agriculture; and
                    (B) with respect to products described in paragraph
                (4)(B), the Secretary of Health and Human Services.
            (2) Food labeler.--The term ``food labeler'' means the
        producer, manufacturer, distributor, or retailer that places a
        date label on food packaging of a product.
            (3) Quality date.--The term ``quality date'' means a date
        voluntarily printed on food packaging that is intended to
        communicate to consumers the date after which the quality of
        the product may begin to deteriorate, but may still be
        acceptable for consumption.
            (4) Ready-to-eat product.--The term ``ready-to-eat
        product'' means--
                    (A) with respect to a product under the
                jurisdiction of the Secretary of Agriculture, a product
                that--
                            (i) is in a form that is edible without
                        additional preparation to achieve food safety
                        and may receive additional preparation for
                        palatability or aesthetic, epicurean,
                        gastronomic, or culinary purposes; and
                            (ii) is--
                                    (I) a poultry product, as defined
                                in section 4 of the Poultry Products
                                Inspection Act (21 U.S.C. 453);
                                    (II) a meat food product, as
                                defined in section 1 of the Federal
                                Meat Inspection Act (21 U.S.C. 601); or
                                    (III) an egg product, as defined in
                                section 4 of the Egg Products
                                Inspection Act (21 U.S.C. 1033); and
                    (B) with respect to a food (as defined in section
                201 of the Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 321)) under the jurisdiction of the Secretary of
                Health and Human Services--
                            (i) a food that is normally eaten in its
                        raw state; or
                            (ii) any other food, including a processed
                        food, for which it is reasonably foreseeable
                        that the food will be eaten without further
                        processing that would significantly minimize
                        biological hazards.
            (5) Safety date.--The term ``safety date'' means a date
        printed on food packaging of a ready-to-eat product, which
        signifies the end of the estimated period of shelf life under
        any stated storage conditions, after which the product may pose
        a health safety risk.

SEC. 4. QUALITY DATES AND SAFETY DATES.

    (a) Quality Dates.--
            (1) In general.--If a food labeler includes a quality date
        on food packaging, the label shall use the uniform quality date
        label phrase under paragraph (2).
            (2) Uniform phrase.--The uniform quality date label phrase
        under this paragraph shall be ``best if used by'', unless and
        until the administering Secretaries, acting jointly, specify
        through rulemaking another uniform phrase to be used for
        purposes of complying with paragraph (1).
            (3) Option of the labeler.--The decision to include a
        quality date on food packaging shall be at the discretion of
        the food labeler.
    (b) Safety Dates.--
            (1) In general.--The label of a ready-to-eat product shall
        include a safety date that is immediately preceded by the
        uniform safety date label phrase under paragraph (2) if the
        ready-to-eat product--
                    (A) meets the criteria described in paragraph
                (3)(A) and is not exempt under paragraph (3)(B)(ii); or
                    (B) is listed in accordance with paragraph
                (3)(B)(i).
            (2) Uniform phrase.--The uniform safety date label phrase
        under this paragraph shall be `expires on', unless and until
        the administering Secretaries jointly specify through
        rulemaking another uniform phrase to be used for purposes of
        complying with paragraph (1).
            (3) High-risk ready-to-eat products.--
                    (A) In general.--The administering Secretaries,
                acting jointly, shall describe criteria that determine
                what ready-to-eat products may have a high level of
                risk associated with consumption after a certain date,
                including those that may be high or very high risk for
                Listeria monocytogenes or other contaminants or
                pathogens causing foodborne illness.
                    (B) Additional foods; exempt foods.--The
                administering Secretaries may, with respect to the
                products under the jurisdiction of the administering
                Secretaries, respectively--
                            (i) list additional ready-to-eat products
                        that are high risk, but do not meet the
                        criteria described in subparagraph (A); or
                            (ii) exempt specific ready-to-eat products
                        that meet the criteria described in
                        subparagraph (A), but do not actually pose a
                        high level of risk associated with consumption
                        after a certain date.
                    (C) Review and updates.--Not less than once every 4
                years, the administering Secretaries, acting jointly,
                shall review and, as the administering Secretaries
                determine appropriate, shall update--
                            (i) the criteria described in subparagraph
                        (A); and
                            (ii) the list and exemptions described in
                        subparagraph (B).
    (c) Quality Date and Safety Date Labeling.--
            (1) In general.--The quality date and safety date, as
        applicable, and immediately adjacent uniform quality date label
        phrase or safety date label phrase shall be--
                    (A) in single easy-to-read type style using upper
                and lower case letters in the standard form;
                    (B) in a type size no smaller than 8 point; and
                    (C) located in a conspicuous place on the package
                of the food.
            (2) Date format.--Each quality date and safety date shall
        be stated in terms of day and month and, as appropriate, year.
    (d) Guidance.--The Commissioner of Food and Drugs and the Secretary
of Agriculture shall establish guidance for food labelers on how to
determine quality dates and safety dates for food products.
    (e) Sale or Donation After Quality Date.--No one shall prohibit the
sale, donation, or use of any product after the quality date for the
product has passed.
    (f) Education.--Not later than 1 year after the date of enactment
of this Act, the administering Secretaries, acting jointly, shall
provide consumer education and outreach on the meaning of quality date
and safety date food labels.
    (g) Rule of Construction; Preemption.--
            (1) Rule of construction.--Nothing in this section shall be
        construed to prohibit any State or political subdivision of a
        State from establishing or continuing in effect any requirement
        that prohibits the sale or donation of foods based on passage
        of the safety date.
            (2) Preemption.--No State or political subdivision of a
        State may establish or continue in effect any requirement
        that--
                    (A) relates to the inclusion in food labeling of a
                quality date or a safety date that is different from or
                in addition to, or that is otherwise not identical
                with, the requirements under this section; or
                    (B) prohibits the sale or donation of foods based
                on passage of the quality date.
            (3) Enforcement.--The administering Secretaries, acting
        jointly and in coordination with the Federal Trade Commission,
        shall ensure that the uniform quality date label phrase and
        uniform safety date label phrase are standardized across all
        food products.
            (4) Savings.--Nothing in this Act, nor any amendment made
        by this Act, nor any standard or requirement imposed pursuant
        to this Act shall be construed to preempt, displace, or
        supplant any State or Federal common law rights or any State or
        Federal statute creating a remedy for civil relief, including
        those for civil damage, or a penalty for criminal conduct.
    (h) Time Temperature Indicator Labels.--Nothing in this section
shall be construed to prohibit or restrict the use of time-temperature
indicator labels or similar technology that is consistent with the
requirements of this Act.
    (i) Delayed Applicability.--This section shall apply only with
respect to food products that are labeled on or after a date that is 2
years after the date of enactment of this Act.

SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN
              FOOD LABELING.

    (a) FDA Violations.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
    ``(z) if its labeling is in violation of section 4 of the Food Date
Labeling Act of 2016 (relating to quality dates and safety dates).''.
    (b) Poultry Products.--Section 4(h) of the Poultry Products
Inspection Act (21 U.S.C. 453(h)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with
        section 4 of the Food Date Labeling Act of 2016.''.
    (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with
        section 4 of the Food Date Labeling Act of 2016.''.
    (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act
(21 U.S.C. 1036(b)) is amended in the first sentence by adding before
the period at the end ``or if it does not bear a label in accordance
with section 4 of the Food Date Labeling Act of 2016''.

SEC. 6. REPORT TO CONGRESS.

    Not later than 5 years after the date of enactment of this Act, the
administering Secretaries, acting jointly, shall report to the
appropriate committees of Congress on the progress in the reduction of
food waste that can be attributed to the standardization of food date
labeling and consumer education required by this Act and the amendments
made by this Act.

Output: Food Date Labeling Act of 2016 This bill establishes requirements that: (1) address food waste that occurs when people throw out fresh food because of their confusion over the meaning of expiration dates on food labels and whether or not the food is still safe to eat, and (2) standardize quality date and safety date food labels. Producers, manufacturers, distributors, or retailers that place a date label on food packaging of a product (food labelers) must use the phrases "best if used by" to indicate food quality and the phrase "expires on" to warn of food that may be unsafe to eat after a specified date.  While labelers may voluntarily choose to include a quality date on packaging, they must include a safety date on ready-to-eat products. The Food and Drug Administration and the Department of Agriculture (USDA) must establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one may prohibit the sale, donation, or use of a product after the quality date for the product has passed. USDA and the Department of Health and Human Services must educate consumers on the meaning of quality date and safety date food labels.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Teaching and Learning
Through Education Portals Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 21st century skills.--The term ``21st century
        skills''--
                    (A) means skills that students need to succeed in
                school, work, and life; and
                    (B) includes--
                            (i) skills related either to core academic
                        subjects or to 21st century themes;
                            (ii) learning and innovation skills, such
                        as--
                                    (I) creativity and innovation;
                                    (II) critical thinking and problem
                                solving; or
                                    (III) communication and
                                collaboration; and
                            (iii) life and career skills to prepare
                        students for the global economy, such as--
                                    (I) flexibility and adaptability;
                                    (II) productivity and
                                accountability; or
                                    (III) leadership and
                                responsibility.
            (2) Core academic subjects; educational agencies; schools;
        state.--The terms ``core academic subjects'', ``elementary
        school'', ``local educational agency'', ``secondary school'',
        ``State'', and ``State educational agency'' have the meanings
        given the terms in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (3) Covered educator.--The term ``covered educator'' means
        a teacher, administrator, or other professional staff member,
        at a covered school.
            (4) Covered parent.--The term ``covered parent'' means the
        parent of a covered student.
            (5) Covered school.--The term ``covered school'' means a
        Head Start agency operating a Head Start program, or a public
        school that is a preschool, elementary school, secondary
        school, or institution of higher education (including such an
        institution offering a program leading to a baccalaureate
        degree or a program leading to an advanced degree).
            (6) Covered student.--The term ``covered student'' means a
        student at a covered school.
            (7) Covered teacher.--The term ``covered teacher'' means a
        teacher at a covered school.
            (8) Education technology.--The term ``education
        technology'' means any technology resource that improves the
        learning, training, and engagement of students or helps
        teachers learn, improve their knowledge, and practice.
            (9) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in sections 101 and 102 of the Higher Education Act of
        1965 (20 U.S.C. 1001, 1002).
            (10) Professional development.--The term ``professional
        development'' means a resource or training that increases a
        teacher's skills, content knowledge, or other information that
        has a positive impact on student learning.
            (11) Secretary.--The term ``Secretary'' means the Secretary
        of Education.

SEC. 3. GRANTS.

    (a) In General.--The Secretary may award grants to eligible States,
to pay for the Federal share of the cost of implementing and
maintaining education portal initiatives.
    (b) Amounts.--The Secretary may award the grants for periods of not
less than 1 year and not more than 3 years.
    (c) Federal Share.--
            (1) In general.--The Federal share of the cost described in
        subsection (a) shall be 50 percent.
            (2) Non-federal share.--The State may provide the non-
        Federal share of the cost in cash or in kind, fairly evaluated,
        including plant, equipment, or services. The State may provide
        the non-Federal share from State, local, or private sources.

SEC. 4. APPLICATIONS AND AWARDS.

    (a) In General.--To be eligible to receive a grant under this
section for an initiative, a State shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
    (b) Contents.--The application shall contain, at a minimum--
            (1) a comprehensive plan for the initiative for which the
        State seeks the grant, including evidence that the initiative
        meets the requirements of subsections (a) and (c) of section 5;
            (2) information describing how the State will provide the
        non-Federal share of the cost described in section 3(a), and
        will continue to provide that share during the implementation
        of the initiative and the remainder of the grant period;
            (3) information describing how the State will meet the
        maintenance of effort requirements in section 6;
            (4) information explaining the protocol the State will use
        to ensure safe and legal access to the education portal;
            (5) an assurance that the State has established or will
        establish an advisory panel, to provide advice on the
        implementation and maintenance of the initiative, including
        representatives of leaders in school districts, leaders at
        institutions of higher education, State educational agencies,
        parents, and teachers; and
            (6) a plan to ensure sufficient statewide bandwidth
        capacity and systems access to implement and maintain the State
        education portal.
    (c) Awards.--In determining the amounts of grants under this Act,
the Secretary--
            (1) shall take into consideration the extent to which a
        State has developed and implemented an education portal
        initiative prior to the date of the submission of the
        application involved; but
            (2) shall not penalize States that have made greater
        progress in developing and implementing such initiatives.

SEC. 5. USE OF FUNDS.

    (a) Required Uses.--A State that receives a grant under this Act
for a fiscal year shall use the funds made available through the grant
to implement or maintain an education portal initiative that includes--
            (1) collecting and making available--
                    (A) high quality resources (including data, tools,
                and digital media content) for covered educators,
                covered students, and covered parents, that support
                teaching, leading, and learning, and are, as
                appropriate, aligned with State education standards;
                and
                    (B) information for covered teachers to use in
                assisting covered students to attain skills such as
                21st century skills; and
            (2) collecting resources for ongoing and sustainable
        professional development for covered educators, related to the
        use of education technology, and making the resources available
        through the implementation of research-based methods and
        strategies for teacher coaching, collaborating, or mentoring.
    (b) Allowable Uses.--The State may use the funds made available
through the grant for such an initiative, for a portal that--
            (1) gives covered educators access to formative assessment
        and other resources to address various student learning styles,
        needs, and achievement levels;
            (2) provides an entry point to other information or
        services, including information on model examples of effective
        classroom practices, subscriptions or data systems, content
        standards, lesson plans, courses of study, engaging interactive
        media, Web resources, e-mail list management software, online
        portfolios, after-school program resources, and other
        educational resources;
            (3) provides access to technology-based curriculum
        resources and tools that promote the teaching and learning of
        21st century skills;
            (4) enables covered educators to quickly search for lesson
        plans, professional development resources, model examples of
        effective classroom practices, or other resources, by content
        standard, grade level, or topic;
            (5) provides an online support network or community for
        covered educators to collaborate on and discuss teaching,
        learning, curricula, and experiences, and serves as a
        communication tool between covered educators and covered
        parents;
            (6) includes digital media content developed by a
        television public broadcasting entity in coordination with the
        grant recipient; or
            (7) makes available access to 1 or more resource sections
        of the education portal, subject to the protocol described in
        section 4(b)(4), by covered education, covered students, and
        covered parents, from other States (with no requirement for
        State-specific log-ins), so that those covered educators,
        covered students, and covered parents can benefit from
        resources developed in the State, thereby expanding access to
        the national learning community.
    (c) Provision of and Access to Resources.--The covered educators,
covered students, and covered parents in the State may provide
resources and information for the education portal, subject to the
protocol described in section 4(b)(4). The resources and information in
the education portal shall be accessible statewide by the educators,
students, and parents, subject to the protocol.
    (d) Other Federal Funds.--A State that receives a grant under part
A of title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) may use funds made available through that grant to
maintain (but not implement) the State's education portal initiative
under this Act, after the end of the period in which the State receives
funding under this Act.
    (e) Conforming Amendment.--Section 2113(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(a)) is amended by
striking ``A'' and inserting ``Subject to section 5 of the Empowering
Teaching and Learning Through Education Portals Act, a''.

SEC. 6. MAINTENANCE OF EFFORT.

    (a) In General.--A State that receives a grant under this Act for a
fiscal year shall maintain the expenditures of the State for education
portal initiatives at a level not less than the level of such
expenditures of the State for the fiscal year preceding the first
fiscal year for which the State received such a grant.
    (b) Reduction.--If the Secretary determines that a State, during a
fiscal year, expends less than the sum required to comply with
subsection (a), the Secretary shall--
            (1) determine the difference between the required sum and
        the expenditure; and
            (2) reduce the State's grant under this Act for the
        following year by the amount of the difference.

SEC. 7. EVALUATIONS AND CONFERENCE.

    (a) Federal Evaluation.--The Secretary shall conduct an evaluation
of each initiative funded under this Act. The Secretary shall submit a
report containing the results of the evaluation to Congress.
    (b) Federal Conference.--Not less often than once every 2 years,
the Secretary shall hold a conference for advisory panels described in
section 4(b)(5), to share information on best practices relating to
education portal initiatives.
    (c) State Evaluations.--Each State that receives a grant under this
Act shall conduct an evaluation of the initiative funded under the
grant, using funds provided as part of the non-Federal share of the
costs described in section 3(a). The State shall prepare and submit to
the Secretary a report containing the results of the evaluation.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$100,000,000 for each of fiscal years 2009 through 2012, and such sums
as may be necessary for each of the following 2 fiscal years.

SEC. 9. SPECIAL RULES RELATING TO CORPORATE CHARITABLE CONTRIBUTIONS TO
              EDUCATION PORTAL PROJECTS OF ELIGIBLE STATES.

    (a) In General.--Paragraph (2) of Section 170(b) of the Internal
Revenue Code of 1986 (related to percentage limitations) is amended by
redesignating subparagraphs (C) and (D), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
                    ``(B) Special rule for corporate contributions to
                education portal projects of eligible states.--
                            ``(i) In general.--In the case of qualified
                        education portal project contributions--
                                    ``(I) subparagraph (A) shall be
                                applied separately with respect to such
                                contributions and with respect to other
                                charitable contributions of the
                                taxpayer, and
                                    ``(II) in applying subparagraph (A)
                                to such qualified education portal
                                project contributions, subparagraph (A)
                                shall be applied by substituting `50
                                percent' for `10 percent'.
                            ``(ii) Qualified education portal project
                        contribution.--For purposes of this paragraph,
                        the term `qualified education portal project
                        contribution' means a charitable contribution
                        in cash--
                                    ``(I) to a State (as defined in
                                section 2 of the Empowering Teaching
                                and Learning Through Education Portals
                                Act) which has a grant application
                                approved under section 4 of such Act,
                                and
                                    ``(II) for the purpose of paying
                                the non-Federal share of the cost of
                                implementing and maintaining education
                                portal initiatives (within the meaning
                                of section 3 of such Act).''.
    (b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.

Output:
Empowering Teaching and Learning Through Education Portals Act - Authorizes the Secretary of Education to award matching grants to states to implement or maintain education portal initiatives that include collecting and making available: (1) high quality resources (including data, tools, and digital media content) for teachers, students, and parents, that support public education from Head Start through graduate school; and (2) resources for ongoing and sustainable teacher training in the use of education technology at such educational levels. Allows teachers, students, and parents to contribute resources to their state portal, which is to be accessible statewide.

Permits states to use funds available to them under part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to maintain such initiatives after their receipt of this Act's funding ends.

Requires the Secretary to hold a conference, at least biennially, for state advisory panels on education portal initiatives to share information on best practices.

Amends the Internal Revenue Code to: (1) count corporate contributions to such initiatives separately from other corporate contributions in applying charitable contribution deductibility limits; and (2) allow corporate deductions for contributions to such initiatives to reach 50% of a corporation's taxable income.


Input:
SECTION 1. REDUCTIONS IN CONTRIBUTIONS TO MULTIEMPLOYER PLANS TO
              IMPLEMENT SELF-HELP MEASURES ADOPTED BY LABOR AND
              MANAGEMENT.

    (a) Amendments to ERISA.--Section 305 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1085) is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Discretion To Accept Reduced Contributions.--
            ``(1) In general.--Notwithstanding any other provision of
        this section, during the funding plan adoption period, funding
        improvement period, rehabilitation plan adoption period, and
        the rehabilitation period, the Pension Benefit Guaranty
        Corporation may permit a plan sponsor to accept from an
        employer a ratified collective bargaining agreement with
        respect to the multiemployer plan that provides for a reduction
        in the level of contributions made by a contributing employer
        and appropriate reduction in level of future benefit accruals
        for any participants for a period of not more than 5 years (or
        such shorter period as determined by such Corporation) provided
        that such Corporation determines that--
                    ``(A) the contributing employer will be unable to
                pay its debts when due and will be unable to continue
                business without a reduction in its contribution rates;
                    ``(B) the aggregate withdrawal liability of the
                contributing employer with respect to all multiemployer
                pension plans exceeds $750,000,000, or such lower
                amount as determined to be appropriate by such
                Corporation;
                    ``(C) there is substantial doubt as to the
                collectability of the withdrawal liability if the
                contributing employer were to withdraw from the plan;
                    ``(D) the reduced contributions are not reasonably
                expected to have an adverse effect on the deficit of
                such Corporation;
                    ``(E) other creditors, stakeholders, and other
                parties to which the contributing employer is obligated
                have accepted reductions that are comparable to those
                of the pension plan; and
                    ``(F) such other conditions are satisfied as may be
                imposed in accordance with regulations prescribed by
                such Corporation.
            ``(2) Impact on withdrawal liability determinations.--Any
        reduction in the level of contributions under this subsection
        shall be disregarded in determining any limitation on annual
        payments under subparagraphs (B) and (C) of section 4219(c)(1)
        and in determining withdrawal liability under section 4201 with
        respect to the employer subject to the reduced contribution
        rate.''.
    (b) Amendments to Internal Revenue Code.--Section 432 of the
Internal Revenue Code of 1986 is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Discretion To Accept Reduced Contributions.--
            ``(1) In general.--Notwithstanding any other provision of
        this section, during the funding plan adoption period, funding
        improvement period, rehabilitation plan adoption period, and
        the rehabilitation period, the Pension Benefit Guaranty
        Corporation may permit a plan sponsor to accept from an
        employer a ratified collective bargaining agreement with
        respect to the multiemployer plan that provides for a reduction
        in the level of contributions made by a contributing employer
        and appropriate reduction in level of future benefit accruals
        for any participants for a period of not more than 5 years (or
        such shorter period as determined by such Corporation) provided
        that such Corporation determines that--
                    ``(A) the contributing employer will be unable to
                pay its debts when due and will be unable to continue
                business without a reduction in its contribution rates;
                    ``(B) the aggregate withdrawal liability of the
                contributing employer with respect to all multiemployer
                pension plans exceeds $750,000,000, or such lower
                amount as determined by such Corporation;
                    ``(C) there is substantial doubt as to the
                collectability of the withdrawal liability if the
                contributing employer were to withdraw from the plan;
                    ``(D) the reduced contributions are not reasonably
                expected to have an adverse effect on the deficit of
                such Corporation;
                    ``(E) other creditors, stakeholders, and other
                parties to which the contributing employer is obligated
                have accepted reductions that are comparable to those
                of the pension plan; and
                    ``(F) such other conditions are satisfied as may be
                imposed in accordance with regulations prescribed by
                such Corporation.
            ``(2) Impact on withdrawal liability determinations.--Any
        reduction in the level of contributions under this subsection
        shall be disregarded in determining any limitation on annual
        payments under subparagraphs (B) and (C) of section 4219(c)(1)
        of the Employee Retirement Income Security Act of 1974 and in
        determining withdrawal liability under section 4201 of such Act
        with respect to the employer subject to the reduced
        contribution rate.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 4971(g)(4)(C)(ii) of the Internal Revenue Code
        of 1986 is amended by striking ``432(i)(9)'' and inserting
        ``432(j)(9)''.
            (2) Sections 101(f)(2)(B) and 103(f)(1)(B) of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)
        and 1023(f)(1)(B)) are each amended by striking ``305(i)'' each
        place such term appears and inserting ``305(j)''.

Output:
Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the Pension Benefit Guaranty Corporation (PBGC), provided certain conditions are met, to allow the sponsor of an underfunded multiemployer benefit plan to accept from an employer a ratified collective bargaining agreement that provides for a reduction in plan employer contributions as well as appropriate reduction in the level of future benefit accruals for plan participants for up to five years during the plan funding adoption period, funding improvement period, rehabilitation adoption period, and rehabilitation period.

Conditions such an allowance upon the PBGC's determination that: (1) the contributing employer will be unable to pay its debts when due and to continue business without a reduction in its contribution rates; (2) the contributing employer's aggregate withdrawal liability with respect to all multiemployer pension plans exceeds $750 million (or an appropriate lower amount as the PBGC may determine); (3) the collectability of the withdrawal liability is very doubtful if the contributing employer were to withdraw from the plan; (4) the reduced contributions are not reasonably expected to have an adverse effect on the PBGC deficit; and (5) other creditors, stakeholders, and parties to which the contributing employer is obligated have accepted comparable reductions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Government Competition
Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds and declares that--
            (1) private sector business concerns, which are free to
        respond to the private or public demands of the marketplace,
        constitute the strength of the American economic system;
            (2) competitive private sector enterprises are the most
        productive, efficient, and effective sources of goods and
        services;
            (3) government competition with the private sector of the
        economy is detrimental to all businesses and the American
        economic system;
            (4) government competition with the private sector of the
        economy is at an unacceptably high level, both in scope and in
        dollar volume;
            (5) when a government engages in entrepreneurial activities
        that are beyond its core mission and compete with the private
        sector--
                    (A) the focus and attention of the government are
                diverted from executing the basic mission and work of
                that government; and
                    (B) those activities constitute unfair government
                competition with the private sector;
            (6) current laws and policies have failed to address
        adequately the problem of government competition with the
        private sector of the economy;
            (7) the level of government competition with the private
        sector, especially with small businesses, has been a priority
        issue of each White House Conference on Small Business;
            (8) reliance on the private sector is consistent with the
        goals of the Government Performance and Results Act of 1993
        (Public Law 103-62);
            (9) reliance on the private sector is necessary and
        desirable for proper implementation of the Federal Workforce
        Restructuring Act of 1994 (Public Law 103-226);
            (10) it is in the public interest that the Federal
        Government establish a consistent policy to rely on the private
        sector of the economy to provide goods and services that are
        necessary for or beneficial to the operation and management of
        Federal Government agencies and to avoid Federal Government
        competition with the private sector of the economy; and
            (11) it is in the public interest for the private sector to
        utilize employees who are adversely affected by conversions to
        use of private sector entities for providing goods and services
        on behalf of the Federal Government.

SEC. 3. RELIANCE ON THE PRIVATE SECTOR.

    (a) General Policy.--Notwithstanding any other provision of law,
except as provided in subsection (c), each agency shall procure from
sources in the private sector all goods and services that are necessary
for or beneficial to the accomplishment of authorized functions of the
agency.
    (b) Prohibitions Regarding Transactions in Goods and Services.--
            (1) Provision by government generally.--No agency may begin
        or carry out any activity to provide any products or services
        that can be provided by the private sector.
            (2) Transactions between governmental entities.--No agency
        may obtain any goods or services from or provide any goods or
        services to any other governmental entity.
    (c) Exceptions.--Subsections (a) and (b) do not apply to goods or
services necessary for or beneficial to the accomplishment of
authorized functions of an agency under the following conditions:
            (1) Either--
                    (A) the goods or services are inherently
                governmental in nature within the meaning of section
                6(b); or
                    (B) the Director of the Office of Management and
                Budget determines that the provision of the goods or
                services is otherwise an inherently governmental
                function.
            (2) The head of the agency determines that the goods or
        services should be produced, provided, or manufactured by the
        Federal Government for reasons of national security.
            (3) The Federal Government is determined to be the best
        value source of the goods or services in accordance with
        regulations prescribed pursuant to section 4(a)(2)(C).
            (4) The private sector sources of the goods or services, or
        the practices of such sources, are not adequate to satisfy the
        agency's requirements.

SEC. 4. ADMINISTRATIVE PROVISIONS.

    (a) Regulations.--
            (1) OMB responsibility.--The Director of the Office of
        Management and Budget shall prescribe regulations to carry out
        this Act.
            (2) Content.--
                    (A) Private sector preference.--Consistent with the
                policy and prohibitions set forth in section 3, the
                regulations shall emphasize a preference for the
                provision of goods and services by private sector
                sources.
                    (B) Fairness for federal employees.--In order to
                ensure the fair treatment of Federal Government
                employees, the regulations--
                            (i) shall not contravene any law or
                        regulation regarding Federal Government
                        employees; and
                            (ii) shall provide for the Director of the
                        Office of Management and Budget, in
                        consultation with the Director of the Office of
                        Personnel Management, to furnish information on
                        relevant available benefits and assistance to
                        Federal Government employees adversely affected
                        by conversions to use of private sector
                        entities for providing goods and services.
                    (C) Best value sources.--
                            (i) Standards and procedures.--The
                        regulations shall include standards and
                        procedures for determining whether it is a
                        private sector source or an agency that
                        provides certain goods or services for the best
                        value.
                            (ii) Factors considered.--The standards and
                        procedures shall include requirements for
                        consideration of analyses of all direct and
                        indirect costs (performed in a manner
                        consistent with generally accepted cost-
                        accounting principles), the qualifications of
                        sources, the past performance of sources, and
                        any other technical and noncost factors that
                        are relevant.
                            (iii) Consultation requirement.--The
                        Director shall consult with persons from the
                        private sector and persons from the public
                        sector in developing the standards and
                        procedures.
                    (D) Appropriate governmental activities.--The
                regulations shall include a methodology for determining
                what types of activities performed by an agency should
                continue to be performed by the agency or any other
                agency.
    (b) Compliance and Implementation Assistance.--
            (1) OMB center for commercial activities.--The Director of
        the Office of Management and Budget shall establish a Center
        for Commercial Activities and Privatization within the Office
        of Management and Budget.
            (2) Responsibilities.--The Center--
                    (A) shall be responsible for the implementation of
                and compliance with the policies, standards, and
                procedures that are set forth in this Act or are
                prescribed to carry out this Act; and
                    (B) shall provide agencies and private sector
                entities with guidance, information, and other
                assistance appropriate for facilitating conversions to
                use of private sector entities for providing goods and
                services on behalf of the Federal Government.

SEC. 5. STUDY AND REPORT ON COMMERCIAL ACTIVITIES OF THE GOVERNMENT.

    (a) Annual Performance Plan.--Section 1115(a) of title 31, United
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) include--
                    ``(A) the identity of each program activity that is
                performed for the agency by a private sector entity in
                accordance with the Freedom From Government Competition
                Act of 1997; and
                    ``(B) the identity of each program activity that is
                not subject to the Freedom From Government Competition
                Act of 1997 by reason of an exception set forth in that
                Act, together with a discussion specifying why the
                activity is determined to be covered by the
                exception.''.
    (b) Annual Performance Report.--Section 1116(d)(3) of title 31,
United States Code, is amended--
            (1) by striking ``explain and describe,'' in the matter
        preceding subparagraph (A);
            (2) in subparagraph (A), by inserting ``explain and
        describe'' after ``(A)'';
            (3) in subparagraph (B)--
                    (A) by inserting ``explain and describe'' after
                ``(B)''; and
                    (B) by striking ``and'' at the end;
            (4) in subparagraph (C)--
                    (A) by inserting ``explain and describe'' after
                ``infeasible,''; and
                    (B) by inserting ``and'' at the end; and
            (5) by adding at the end the following:
            ``(D) in the case of an activity not performed by a private
        sector entity--
                    ``(i) explain and describe whether the activity
                could be performed for the Federal Government by a
                private sector entity in accordance with the Freedom
                From Government Competition Act of 1997; and
                    ``(ii) if the activity could be performed by a
                private sector entity, set forth a schedule for
                converting to performance of the activity by a private
                sector entity;''.

SEC. 6. DEFINITIONS.

    (a) Agency.--As used in this Act, the term ``agency'' means the
following:
            (1) Executive department.--An executive department as
        defined by section 101 of title 5, United States Code.
            (2) Military department.--A military department as defined
        by section 102 of such title.
            (3) Independent establishment.--An independent
        establishment as defined by section 104(1) of such title.
    (b) Inherently Governmental Goods and Services.--
            (1) Performance of inherently governmental functions.--For
        the purposes of section 3(c)(1)(A), goods or services are
        inherently governmental in nature if the providing of such
        goods or services is an inherently governmental function.
            (2) Inherently governmental functions described.--
                    (A) Functions included.--For the purposes of
                paragraph (1), a function shall be considered an
                inherently governmental function if the function is so
                intimately related to the public interest as to mandate
                performance by Federal Government employees. Such
                functions include activities that require either the
                exercise of discretion in applying Federal Government
                authority or the making of value judgments in making
                decisions for the Federal Government, including
                judgments relating to monetary transactions and
                entitlements. An inherently governmental function
                involves, among other things, the interpretation and
                execution of the laws of the United States so as to--
                            (i) bind the United States to take or not
                        to take some action by contract, policy,
                        regulation, authorization, order, or otherwise;
                            (ii) determine, protect, and advance its
                        economic, political, territorial, property, or
                        other interests by military or diplomatic
                        action, civil or criminal judicial proceedings,
                        contract management, or otherwise;
                            (iii) significantly affect the life,
                        liberty, or property of private persons;
                            (iv) commission, appoint, direct, or
                        control officers or employees of the United
                        States; or
                            (v) exert ultimate control over the
                        acquisition, use, or disposition of the
                        property, real or personal, tangible or
                        intangible, of the United States, including the
                        control or disbursement of appropriated and
                        other Federal funds.
                    (B) Functions excluded.--For the purposes of
                paragraph (1), inherently governmental functions do not
                normally include--
                            (i) gathering information for or providing
                        advice, opinions, recommendations, or ideas to
                        Federal Government officials;
                            (ii) any function that is primarily
                        ministerial or internal in nature (such as
                        building security, mail operations, operation
                        of cafeterias, laundry and housekeeping,
                        facilities operations and maintenance,
                        warehouse operations, motor vehicle fleet
                        management and operations, or other routine
                        electrical or mechanical services); or
                            (iii) any good or service which is
                        currently or could reasonably be produced or
                        performed, respectively, by an entity in the
                        private sector.

Output:
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified.
(Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to:  (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government.
(Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is:  (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception.
Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to:  (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.


Input:
Sec. 2. Public Law 94-241 (90 Stat. 263), as amended, is further
amended by striking ``law'' in subsection (b) of section 4 and
inserting in lieu thereof ``law: Provided, That for fiscal years 1994
through 1998, payments shall be limited to the provisions set forth in
the Agreement of the Special Representatives on Future Federal
Financial Assistance of the Northern Mariana Islands, executed on
December 17, 1992, between the special representative of the President
and the special representatives of the Governor of the Northern Mariana
Islands for the first five years of such 1992 Agreement: Provided
further, That no amendment to such 1992 Agreement may take effect until
approved by an Act of Congress: Provided further, That after fiscal
year 1998, the amount shall continue at the annual amount of
$27,720,000, unless Congress otherwise provides by law.
    ``(c) No funds made available in accordance with the 1992 Agreement
referred to in subsection (b) shall be obligated until sixty days after
the Secretary of the Interior certifies, together with findings, after
the date of enactment of this provision, and each fiscal year
thereafter, to the Committee on Natural Resources of the House of
Representatives, and the Committee on Energy and Natural Resources of
the Senate, that the following conditions have been fulfilled, to the
extent such condition is applicable in such fiscal year, and no such
funds shall be obligated for additional projects thereafter if the
Secretary of the Interior determines that the Northern Mariana Islands
are not in compliance with such conditions to the extent such condition
is applicable at that time:
            ``(1) The number of aliens (a person who is not a citizen
        or national of the United States, a citizen of a state in free
        association with the United States, or an alien lawfully
        admitted into the United States) present in the Northern
        Mariana Islands for work or residency does not exceed the 1992
        average daily number of such aliens present in the Northern
        Mariana Islands as determined by the Commissioner of the United
        States Immigration and Naturalization Service (INS), except
        that within such limitation, the Northern Mariana Islands shall
        impose a numerical limitation on the total number of alien
        workers admitted for employment in the garment industry so that
        the percentage of alien workers compared to the total number of
        workers in the garment industry shall be 75 percent in 1994, 70
        percent in 1995, and 65 percent in 1996 and thereafter;
            ``(2) The Northern Mariana Islands shall implement a
        petitioning mechanism similar to that in section 214(c)(1) of
        the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) to
        measure and compare the number of alien admissions with the
        1992 average and the Northern Mariana Islands shall provide the
        Immigration and Naturalization Service with such information
        and access as the Commissioner of the Service determines to be
        necessary to make his determination and for verification;
            ``(3) The Northern Mariana Islands has enacted and is
        enforcing such measures as may be necessary to raise revenues,
        and expend for public purposes, in each of the years funding is
        provided pursuant to the Agreement, in addition to those
        revenues which would have been raised under laws in effect on
        the date of enactment of this provision, of at least the same
        amount of net revenue (taking into account all credits,
        deductions, exemptions, and payments provided for in Federal
        law) that would otherwise have been raised in calendar year
        1992 under full application of section 601 of the Covenant
        absent any rebates pursuant to section 602 of such Covenant,
        less the actual amount of revenues retained by the Northern
        Mariana Islands from income taxes, which measures may include,
        but need not be limited to, one or more of the following--
                    (A) developer taxes and impact fees;
                    (B) taxes on services to visitors;
                    (C) a reduction in the level of rebates of taxes
                levied under section 602 of the Covenant;
                    (D) income taxes; or
                    (E) taxes or fees imposed for public benefit of
                users of publicly provided services.
            ``(4) The Northern Mariana Islands is implementing a rate
        schedule approved by the Secretary of the Interior that, over a
        five-year period beginning on the date of enactment of this
        provision, will phase in charges for all (except low-income)
        users of utilities which will recover the full operating,
        maintenance, and debt service cost of the power utility
        services, and, as a minimum, the operating and maintenance
        costs of the water and sewer utility services;
            ``(5) The Secretary has approved the plans of the Northern
        Mariana Islands for the fiscal year for the use of the funds
        which indicate the priority and purpose of the projects and
        their cost and financing arrangements; and
            ``(6) The Secretary of the Interior, in consultation with
        the Secretary of Labor, determines that the Northern Mariana
        Islands has enacted and is enforcing laws--
                    ``(A) to provide no greater deductions from wages
                for housing, food, transportation, health care,
                employment fees, or other expenses for any workers not
                permanently admitted into the Northern Mariana Islands
                than are contained in the Fair Labor Standards Act of
                1938, and
                    ``(B) which allow for the same exemptions from the
                payment of minimum wages as provided in the Fair Labor
                Standards Act of 1938.''.

Output:
Limits Federal assistance to the Northern Mariana Islands for FY 1994 through 1998 as set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands of December 1992.  Continues the payment of a specified annual amount after FY 1998 unless otherwise provided by law.
Bars the obligation of funds in accordance with the Agreement until the Secretary of the Interior certifies to specified congressional committees in each fiscal year that the Northern Mariana Islands:  (1) does not have an amount of aliens that exceeds the 1992 average daily number of aliens in the Islands as determined by the Commissioner of the Immigration and Naturalization Service (INS) and imposes a specified numerical limitation on the number of alien workers admitted for employment in the garment industry; (2) is implementing a petitioning mechanism to measure and compare the number of alien admissions with the 1992 average and provides the INS with such information for verification purposes; (3) has enacted and is enforcing measures to raise revenues; (4) is implementing a rate schedule approved by the Secretary that will phase in charges for users of utilities to recover specified costs of power, water, and sewer services; (5) has plans approved by the Secretary for the use of project funds; and (6) has enacted and is enforcing laws to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for workers not permanently admitted into the Islands than are contained in the Fair Labor Standards Act of 1938 and which allow for the same exemptions from the payment of minimum wages as provided in such Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grant Reporting Efficiency and
Agreements Transparency Act of 2018'' or the ``GREAT Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) modernize reporting by recipients of Federal grants and
        cooperative agreements by creating and imposing data standards
        for the information that grants and cooperative agreement
        recipients must report to the Federal Government;
            (2) implement the recommendation by the Director of the
        Office of Management and Budget, under section 5(b)(6) of the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note), which includes the development of a
        ``comprehensive taxonomy of standard definitions for core data
        elements required for managing Federal financial assistance
        awards'';
            (3) reduce burden and compliance costs of recipients of
        Federal grants and cooperative agreements by enabling
        technology solutions, existing or yet to be developed, by both
        the public and private sectors, to better manage data
        recipients already provide to the Federal Government; and
            (4) to strengthen oversight and management of Federal
        grants and cooperative agreements by agencies through
        consolidated collection and display of and access to open data
        that has been standardized, and where appropriate, transparency
        to the public.

SEC. 3. DATA STANDARDS FOR GRANT REPORTING.

    (a) Amendment.--Subtitle V of title 31, United States Code, is
amended by inserting after chapter 63 the following new chapter:

            ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING

``Sec.
``6401. Definitions.
``6402. Data standards for grant reporting.
``6403. Guidance applying data standards for grant reporting.
``6404. Agency requirements.
``Sec. 6401. Definitions
    ``In this chapter:
            ``(1) Agency.--The term `agency' has the meaning given that
        term in section 552(f) of title 5.
            ``(2) Core data elements.--The term `core data elements'
        means data elements that are not program-specific in nature and
        are required by agencies for all or the vast majority of
        Federal grant and cooperative assistance recipients for
        purposes of reporting.
            ``(3) Director.--The term `Director' means the Director of
        the Office of Management and Budget.
            ``(4) Federal award.--The term `Federal award'--
                    ``(A) means the transfer of anything of value for a
                public purpose of support or stimulation authorized by
                a law of the United States, including financial
                assistance and Government facilities, services, and
                property;
                    ``(B) includes grants, subgrants, awards, and
                cooperative agreements; and
                    ``(C) does not include--
                            ``(i) conventional public information
                        services or procurement of property or services
                        for the direct benefit or use of the
                        Government; or
                            ``(ii) an agreement that provides only--
                                    ``(I) direct Government cash
                                assistance to an individual;
                                    ``(II) a subsidy;
                                    ``(III) a loan;
                                    ``(IV) a loan guarantee; or
                                    ``(V) insurance.
            ``(5) Secretary.--The term `Secretary' means the head of
        the standard-setting agency.
            ``(6) Standard-setting agency.--The term `standard-setting
        agency' means the Executive department designated under section
        6402(a)(1).
            ``(7) State.--The term `State' means each State of the
        United States, the District of Columbia, each commonwealth,
        territory or possession of the United States, and each
        federally recognized Indian Tribe.
``Sec. 6402. Data standards for grant reporting
    ``(a) In General.--
            ``(1) Designation of standard-setting agency.--The Director
        shall designate the Executive department (as defined in section
        101 of title 5) that issues the most Federal awards in a
        calendar year as the standard-setting agency.
            ``(2) Establishment of standards.--Not later than 1 year
        after the date of the enactment of this chapter, the Secretary
        and the Director shall establish Governmentwide data standards
        for information reported by recipients of Federal awards.
            ``(3) Data elements.--The data standards established under
        paragraph (2) shall include, at a minimum--
                    ``(A) standard definitions for data elements
                required for managing Federal awards; and
                    ``(B) unique identifiers for Federal awards and
                entities receiving Federal awards that can be
                consistently applied Governmentwide.
    ``(b) Scope.--The data standards established under subsection (a)
shall include core data elements and may cover any information required
to be reported to any agency by recipients of Federal awards, including
audit-related information reported under chapter 75 of this title.
    ``(c) Requirements.--The data standards required to be established
under subsection (a) shall, to the extent reasonable and practicable--
            ``(1) render information reported by recipients of Federal
        grant and cooperative agreement awards fully searchable and
        machine-readable;
            ``(2) be nonproprietary;
            ``(3) incorporate standards developed and maintained by
        voluntary consensus standards bodies;
            ``(4) be consistent with and implement applicable
        accounting and reporting principles; and
            ``(5) incorporate the data standards established under the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note).
    ``(d) Consultation.--In establishing the data standards under
subsection (a), the Secretary and the Director shall consult with, as
appropriate--
            ``(1) the Secretary of the Treasury, to ensure that the
        data standards incorporate the data standards created under the
        Federal Funding Accountability and Transparency Act of 2006 (31
        U.S.C. 6101 note);
            ``(2) the head of each agency that issues Federal awards;
            ``(3) recipients of Federal awards and organizations
        representing recipients of Federal awards;
            ``(4) private sector experts;
            ``(5) members of the public, including privacy experts,
        privacy advocates, and industry stakeholders; and
            ``(6) State and local governments.
``Sec. 6403. Guidance applying data standards for grant reporting
    ``(a) In General.--Not later than 2 years after the date of the
enactment of this chapter--
            ``(1) the Secretary and the Director shall issue guidance
        to all agencies directing the agencies to apply the data
        standards established under section 6402 to all applicable
        reporting by recipients of Federal grant and cooperative
        agreement awards; and
            ``(2) the Director shall prescribe guidance applying the
        data standards to audit-related information reported under
        chapter 75.
    ``(b) Guidance.--The guidance issued under this section shall--
            ``(1) to the extent reasonable and practicable--
                    ``(A) minimize the disruption to existing reporting
                practices for agencies and for recipients of Federal
                grant and cooperative agreement awards; and
                    ``(B) explore opportunities to implement modern
                technologies within Federal award reporting;
            ``(2) allow the Director to permit exceptions for
        categories of grants if the Director publishes a list of such
        exceptions, including exceptions for Indian Tribes and Tribal
        organizations consistent with the Indian Self-Determination and
        Education Assistance Act; and
            ``(3) take into consideration the consultation required
        under section 6402(d).
``Sec. 6404. Agency requirements
    ``Not later than 3 years after the date of the enactment of this
chapter, the head of each agency shall ensure that all of the agency's
grants and cooperative agreements use data standards for all future
information collection requests and amend existing information
collection requests covered by chapter 35 of title 44 (commonly
referred to as the Paperwork Reduction Act) to comply with the data
standards established under section 6402, consistent with the guidance
issued by the Secretary and the Director under section 6403.''.
    (b) Technical and Conforming Amendment.--The table of chapters for
subtitle V of title 31, United States Code, is amended by inserting
after the item relating to chapter 63 the following new item:

``64. Data Standards for Grant Reporting....................    6401''.

SEC. 4. SINGLE AUDIT ACT.

    (a) Amendments.--
            (1) Section 7502(h) of title 31, United States Code, is
        amended by inserting before ``to a Federal clearinghouse'' the
        following ``in an electronic form consistent with the data
        standards established under chapter 64,''.
            (2) Section 7505 of title 31, United States Code, is
        amended by adding at the end the following new subsection:
    ``(d) Such guidance shall require audit-related information
reported under this chapter to be reported in an electronic form
consistent with the data standards established under chapter 64.''.
    (b) Guidance.--Not later than 2 years after the date of the
enactment of this Act, the Director shall issue guidance requiring
audit-related information reported under chapter 75 of title 31, United
States Code, to be reported in an electronic form consistent with the
data standards established under chapter 64 of title 31, United States
Code, as added by section 3.

SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF
              PUBLIC INFORMATION AS OPEN DATA.

    (a) Collection of Information.--Not later than 4 years after the
date of the enactment of this Act, the Secretary and the Director shall
enable the collection, public display, and maintenance of Federal award
information as a Governmentwide data set, using the data standards
established under chapter 64 of title 31, United States Code, as added
by section 3, subject to reasonable restrictions established by the
Director to ensure protection of personally identifiable and otherwise
sensitive information.
    (b) Publication of Information.--The Secretary and the Director
shall require the publication of recipient-reported data collected from
all agencies on a single public portal. Information may be published on
an existing Governmentwide website as determined appropriate by the
Director.
    (c) Foia.--Nothing in this section shall require the disclosure to
the public of information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').

SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS.

    (a) Determination Required.--The Director and the Secretary shall
determine whether to use nonproprietary identifiers under section
6402(a)(3)(B) of title 31, United States Code, as added by section
3(a).
    (b) Factors to Be Considered.--In making the determination required
pursuant to subsection (a), the Director and the Secretary shall
consider factors such as accessibility and cost to recipients of
Federal awards, agencies that issue Federal awards, private-sector
experts, and members of the public, including privacy experts and
privacy advocates.
    (c) Publication and Report on Determination.--Not later than the
earlier of 1 year after the date of the enactment of this Act or the
date on which the Secretary and Director establish data standards
pursuant to section 6402(a)(2) of title 31, United States Code, as
added by section 3(a), the Secretary and the Director shall publish and
submit to the Committees on Oversight and Government Reform of the
House of Representatives and Homeland Security and Governmental Affairs
of the Senate a report explaining the reasoning for the determination
made pursuant to subsection (a).

SEC. 7. DEFINITIONS.

    In this Act, the terms ``agency'', ``Director'', ``Federal award'',
and ``Secretary'' have the meaning given those terms in section 6401 of
title 31, United States Code, as added by section 3(a).

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to require the collection of data that is not otherwise
required pursuant to any Federal law, rule, or regulation.

SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by

 this Act. Such requirements shall be carried out using amounts
otherwise authorized.

            Passed the House of Representatives September 26, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act This bill requires the Office of Management and Budget, jointly with the executive department that issues the most federal grant awards, to: (1) establish government-wide data standards for information reported by grant recipients, (2) issue guidance directing federal agencies to apply those standards, and (3) require the publication of recipient-reported data collected from all agencies on a single public website.