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.

Summary: 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.


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.

Summary: 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.


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)''.

Summary: 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.


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.

Summary: 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.


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.''.

Summary: 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.


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.

Summary: 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.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Act of 2001''. SEC. 2. MASTER TEACHER DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Master teacher.--The term ``master teacher'' means a teacher who-- (A) is licensed or credentialed under State law; (B) has been teaching for at least 5 years in a public or private school or institution of higher education; (C) is selected upon application, is judged to be an excellent teacher, and is recommended by administrators and other teachers who are knowledgeable of the individual's performance; (D) at the time of submission of such application, is teaching and based in a public school; (E) assists other teachers in improving instructional strategies, improves the skills of other teachers, performs mentoring, develops curriculum, and offers other professional development; and (F) enters into a contract with the local educational agency to continue to teach and serve as a master teacher for at least 5 additional years. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Establishment of Demonstration Project.-- (1) In general.--Not later than July 1, 2002, the Secretary shall conduct a demonstration project under which the Secretary shall award competitive grants to local educational agencies to increase teacher salaries and employee benefits for teachers who enter into contracts with the local educational agencies to serve as master teachers. (2) Requirements.--In awarding grants under the demonstration project, the Secretary shall-- (A) ensure that grants are awarded under the demonstration project to a diversity of local educational agencies in terms of size of school district, location of school district, ethnic and economic composition of students, and experience of teachers; and (B) give priority to local educational agencies in school districts that have schools with a high proportion of economically disadvantaged students. (c) Applications.--In order to receive a grant under the demonstration project, a local educational agency shall submit an application to the Secretary that contains-- (1) an assurance that funds received under the grant will be used in accordance with this section; and (2) a detailed description of how the local educational agency will use the grant funds to pay the salaries and employee benefits for positions designated by the local educational agency as master teacher positions. (d) Matching Requirement.--The Secretary may not award a grant to a local educational agency under the demonstration project unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly, through the State, or through a combination thereof) in non-Federal contributions an amount equal to the amount of the grant awarded to the agency. (e) Study and Report.-- (1) In general.--Not later than July 1, 2005, the Secretary shall conduct a study and transmit a report to Congress analyzing the results of the demonstration project conducted under this section. (2) Contents of report.--The report shall include-- (A) an analysis of the results of the project on-- (i) the recruitment and retention of experienced teachers; (ii) the effect of master teachers on teaching by less experienced teachers; (iii) the impact of mentoring new teachers by master teachers; and (iv) the impact of master teachers on student achievement; and (B) recommendations regarding-- (i) continuing or terminating the demonstration project; and (ii) establishing a grant program to expand the project to additional local educational agencies and school districts. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000, for the period of fiscal years 2002 through 2006.

Summary: Master Teacher Act of 2001 - Directs the Secretary of Education to conduct a demonstration project to increase teacher salaries and employee benefits for teachers who contract with local educational agencies (LEAs) to serve as master teachers. Gives priority to LEAs in school districts that have schools with a high proportion of economically disadvantaged students.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Reduction and Economic Growth Act of 1995''. SEC. 2. TAX REDUCTION IN THE EVENT OF LOW GROWTH. (a) Low-Growth Report.-- (1) In general.--At any time, the Director of the Office of Management and Budget (hereafter in this section referred to as the ``Director'') shall notify the President and the Congress if the Director has determined that for any of the periods described in paragraph (2)-- (A) economic growth as measured by the change in real Gross Domestic Product (GDP) at an annual rate is estimated to be less than 1.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be greater than 6.5 percent. (2) Testing periods.--For purposes of paragraph (1), the periods described in this paragraph are-- (A) the period consisting of the quarter during which the notification is given and the quarter preceding such notification, (B) the period consisting of the preceding 4 quarters, and (C) the period consisting of the 2 quarters following such notification. (b) Presidential Authorization of Temporary Tax Reductions.-- (1) Presidential declaration.--After notification under subsection (a), the President may issue a declaration that temporary income tax reductions are required for a specified calendar year to provide a quick and necessary fiscal stimulus to the economy. Any such declaration shall be transmitted to the Congress. (2) Temporary tax modifications.--If the President transmits a declaration under paragraph (1) to the Congress-- (A) Temporary tax reductions.-- (i) In general.--Effective for taxable years beginning in the calendar year specified in such declaration-- (I) the rates applicable to the first income bracket in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be reduced by a percentage (not to exceed 3 percent) specified in such declaration, and (II) the amounts set fourth as tax in such tables shall be adjusted to reflect such rate reduction. (ii) Withholding adjustments.--The withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified so that, to the maximum extent possible, the full calendar year effect of such reduction is reflected through withholding reductions during the portion of the calendar year after such declaration. (B) Temporary surtax where economic growth requirements subsequently satisfied.-- (i) In general.--Effective for taxable years beginning in the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied-- (I) each rate of tax in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be increased by the percentage determined under paragraph (4) for such year, except the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 shall not exceed the rates established in the year prior to the temporary tax reduction, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate increases. (ii) Withholding adjustments.--Effective for such subsequent calendar year, the withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified to reflect the increase in tax rates under clause (i). (3) Economic growth requirements.--The economic growth requirements of this paragraph are satisfied for any calendar year if, before the beginning of such calendar year, the President determines (and publishes such determination in the Federal Register) that for such calendar year and the immediately preceding calendar year-- (A) economic growth as measured by the change in the real Gross Domestic Product (GDP) is estimated to be greater than 4.5 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be less than 5.5 percent. (4) Rate increase percentage.--The percentage determined under this paragraph is the percentage increase in the tax rates contained in section 1 of the Internal Revenue Code of 1986 which the President estimates will result in an aggregate increase in receipts under chapter 1 of such Code equal to the aggregate decrease in receipts under such Code by reason of subparagraph (A) of paragraph (2) without increasing the tax rate for individuals with Adjusted Gross Income of less than $50,000 and taxpayers filing jointly with Adjusted Gross Income of less than $75,000 above the rates established in the year prior to the temporary tax reduction. Such percentage shall be published in the Federal Register before the beginning of the calendar year for which the economic requirements of paragraph (2) are satisfied. SEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES. Any reduction or increase in receipts resulting from section 2 of this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.

Summary: Tax Reduction and Economic Growth Act of 1995 - Authorizes the President to issue a declaration that a temporary reduction in the rates of the first income bracket no greater than 3 percent are required if the Director of the Office of Management and Budget finds that: (1) the annual rate of the Gross Domestic Product is less than 1.5 percent; and (2) the adjusted national unemployment rate is higher than 6.5 percent.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Products Safety Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act and the amendments made by this Act is to prevent the introduction of dangerous toys and other products used by children into the marketplace by requiring independent third-party testing and certification that toys and other products intended for use by children comply with consumer product safety standards and rules before they enter the interstate stream of commerce. SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH CONSUMER PRODUCT SAFETY RULES. (a) Expansion of Certification Requirement To Include Certification for Compliance With All Consumer Product Safety Rules Promulgated Under Acts Administered by the Consumer Product Safety Commission.-- Subsection (a) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended-- (1) by redesignating paragraph (2) as paragraph (5); (2) in paragraph (1)-- (A) by striking ``Every manufacturer'' and inserting ``Except as provided in paragraph (2),''; and (B) by designating the second and third sentences as paragraphs (3) and (4), respectively, and indenting the margin of such paragraphs, as so designated, 2 ems from the left margin; (3) by inserting after paragraph (1) the following: ``(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act or a rule under this or any other Act administered by the Commission declaring a consumer product a banned hazardous product shall issue a certificate which shall certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule, and shall specify such consumer product safety standard or such rule.''; (4) in paragraph (3), as redesignated by paragraph (2)(B), by striking ``Such certificate shall'' and inserting ``A certificate required under this subsection shall''; and (5) in paragraph (5), as redesignated by paragraph (1)-- (A) by striking ``required by paragraph (1) of this subsection'' and inserting ``required by paragraph (1) or (2) (as the case may be)''; and (B) by striking ``requirement under paragraph (1)'' and inserting ``requirement under paragraph (1) or (2) (as the case may be)''. (b) Third-Party Certification Required.--Subsection 14(b) of the Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended-- (1) by striking ``The Commission may'' and inserting ``(1) The Commission may''; (2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; (3) in paragraph (2), as so designated, by striking ``Any test or'' and inserting ``Except as provided in paragraph (3), any test or''; and (4) by adding at the end the following: ``(3) In the case of a children's product, any test or testing program on the basis of which a certificate is issued under subsection (a)(2) shall be conducted by a nongovernmental independent third party qualified to perform such tests or testing programs.''. (c) Definition of Children's Products and Independent Third Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended by adding at the end the following: ``(d) Definitions.--In this section: ``(1) Children's product.--The term `children's product' means a toy or other article intended for use by a child under 60 months of age that is introduced into the interstate stream of commerce. In determining whether a toy or article is intended for use by a child under 60 months of age, the following factors shall be considered: ``(A) A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article, if such statement is reasonable. ``(B) The context and manner of the advertising, promotion, and marketing associated with the toy or article. ``(C) Whether the toy or article is commonly recognized by consumers as being intended for use by a child under 60 months of age. ``(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline. ``(2) Independent third party.--The term `independent third party', with respect to a testing entity, means an independent testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, and is not owned, managed, controlled, or directed by such manufacturer or private labeler.''. (d) Label and Certification.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with subsection (c) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for children's products described in subsection (d)(1) of such section, as added by subsection (c) of this section. SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD- PARTY TESTING CERTIFICATION. Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) is amended-- (1) in paragraph (4), by striking ``or'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon and ``or''; and (3) by adding at the end the following: ``(6) is a children's product, as that term is defined in section 14(d), that is not accompanied by a certificate from a third-party verification entity required by section 14(a)(2).''.

Summary: Children's Products Safety Act of 2007 - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product. Bars importation of such articles lacking independent third party certification.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Welfare Tax Credit Act of 1995''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.

Summary: Choice in Welfare Tax Credit Act of 1995 - Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reserves Small Business Relief Act''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVES. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reserves.-- ``(1) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due during the period of deferral described in subparagraph (B) on any direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reserve is ordered to active duty during a period of military conflict and shall terminate on the later of-- ``(i) the date that is 180 days after the date such eligible reserve is discharged or released from active duty; and ``(ii) the date that is 180 days after the date of enactment of this subsection. ``(C) No accrual of interest during deferral.-- During the period of deferral described in subparagraph (B), no interest shall accrue on any deferred loan. ``(2) Applicability.--This subsection shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(3) Definitions.--In this subsection: ``(A) Eligible reserve.--The term `eligible reserve' means a member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or an order to remain on active duty, during a period of military conflict. ``(B) Owner, manager, or key employee.--The term `owner, manager, or key employee' means an individual who-- ``(i) has not less than a 20 percent ownership interest in a small business concern described in subparagraph (D)(ii); ``(ii) is a manager responsible for the day-to-day operations of such small business concern; or ``(iii) is a key employee (as defined by the Administration) of such small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reserve and who received a direct loan under subsection (a) or (b) before being called or ordered to active duty, or being ordered to remain on active duty, during a period of military conflict; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reserve, who is an owner, manager, or key employee, was called or ordered to active duty, or was ordered to remain on active duty, during a period of military conflict.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVES' SMALL BUSINESSES. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern (including a small business concern engaged in the lease or rental of real or personal property) that has suffered or that is likely to suffer economic injury as the result of a call or order to active military duty, or an order to remain on active duty, of an owner, manager, or key employee of such small business concern during a period of military conflict. ``(B) Any loan or guarantee extended pursuant to this paragraph shall be made at an annual interest rate of 4 percent, without regard to the ability of the small business concern to secure credit elsewhere. ``(C) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000, except that the Administration may waive the $500,000 limitation if the Administration determines that the applicant for the loan constitutes a major source of employment in its surrounding area, and such area is not larger than the surrounding county. ``(D) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(E) This paragraph shall apply with respect to any period of military conflict beginning on or after August 1, 1990. ``(F) In this paragraph-- ``(i) the term `economic injury' means an economic harm to a business concern that results in the inability of the business concern to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern; ``(ii) the term `owner, manager, or key employee' means an individual who-- ``(I) has not less than a 20 percent ownership interest in the small business concern; ``(II) is a manager responsible for the day-to-day operations of such small business concern; or ``(III) is a key employee (as defined by the Administration) of such small business concern; and ``(iii) the term `period of military conflict' has the meaning given the term in subsection (n)(3).''. (b) Conforming Amendments.--Section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended-- (1) in paragraph (1), by striking ``7(b)(4),''; and (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8),''. SEC. 4. REGULATIONS. Not later than 60 days after the date of enactment of this Act, the Small Business Administration shall issue such regulations as may be necessary to carry out the amendments made by sections 2 and 3.

Summary: Military Reserves Small Business Relief Act - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is the owner, manager, or key employee of a small business for which the loan was made. Extends such deferral period until the later of 180 days after: (1) such reservist is discharged or released from active duty; or (2) the date of enactment of this Act. Applies such assistance to periods of military conflict occurring on or after August 1, 1990. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such business being ordered to active duty during a period of military conflict. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after August 1, 1990.