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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Activities Inventory Reform
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY
GOVERNMENTAL IN NATURE.
(a) Lists Required.--Not later than the end of the third quarter of
each fiscal year, the head of each executive agency shall submit to the
Director of the Office of Management and Budget a list of activities
performed by Federal Government sources for the executive agency that,
in the judgment of the head of the executive agency, are not inherently
governmental functions. The entry for an activity on the list shall
include the following:
(1) The fiscal year for which the activity first appeared on a
list prepared under this section.
(2) The number of full-time employees (or its equivalent) that
are necessary for the performance of the activity by a Federal
Government source.
(3) The name of a Federal Government employee responsible for
the activity from whom additional information about the activity
may be obtained.
(b) OMB Review and Consultation.--The Director of the Office of
Management and Budget shall review the executive agency's list for a
fiscal year and consult with the head of the executive agency regarding
the content of the final list for that fiscal year.
(c) Public Availability of Lists.--
(1) Publication.--Upon the completion of the review and
consultation regarding a list of an executive agency--
(A) the head of the executive agency shall promptly
transmit a copy of the list to Congress and make the list
available to the public; and
(B) the Director of the Office of Management and Budget
shall promptly publish in the Federal Register a notice that
the list is available to the public.
(2) Changes.--If the list changes after the publication of the
notice as a result of the resolution of a challenge under section
3, the head of the executive agency shall promptly--
(A) make each such change available to the public and
transmit a copy of the change to Congress; and
(B) publish in the Federal Register a notice that the
change is available to the public.
(d) Competition Required.--Within a reasonable time after the date
on which a notice of the public availability of a list is published
under subsection (c), the head of the executive agency concerned shall
review the activities on the list. Each time that the head of the
executive agency considers contracting with a private sector source for
the performance of such an activity, the head of the executive agency
shall use a competitive process to select the source (except as may
otherwise be provided in a law other than this Act, an Executive order,
regulations, or any executive branch circular setting forth
requirements or guidance that is issued by competent executive
authority). The Director of the Office of Management and Budget shall
issue guidance for the administration of this subsection.
(e) Realistic and Fair Cost Comparisons.--For the purpose of
determining whether to contract with a source in the private sector for
the performance of an executive agency activity on the list on the
basis of a comparison of the costs of procuring services from such a
source with the costs of performing that activity by the executive
agency, the head of the executive agency shall ensure that all costs
(including the costs of quality assurance, technical monitoring of the
performance of such function, liability insurance, employee retirement
and disability benefits, and all other overhead costs) are considered
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

(a) Challenge Authorized.--An interested party may submit to an
executive agency a challenge of an omission of a particular activity
from, or an inclusion of a particular activity on, a list for which a
notice of public availability has been published under section 2.
(b) Interested Party Defined.--For the purposes of this section,
the term ''interested party'', with respect to an activity referred to
in subsection (a), means the following:
(1) A private sector source that--
(A) is an actual or prospective offeror for any contract,
or other form of agreement, to perform the activity; and
(B) has a direct economic interest in performing the
activity that would be adversely affected by a determination
not to procure the performance of the activity from a private
sector source.
(2) A representative of any business or professional
association that includes within its membership private sector
sources referred to in paragraph (1).
(3) An officer or employee of an organization within an
executive agency that is an actual or prospective offeror to
perform the activity.
(4) The head of any labor organization referred to in section
7103(a)(4) of title 5, United States Code, that includes within its
membership officers or employees of an organization referred to in
paragraph (3).
(c) Time for Submission.--A challenge to a list shall be submitted
to the executive agency concerned within 30 days after the publication
of the notice of the public availability of the list under section 2.
(d) Initial Decision.--Within 28 days after an executive agency
receives a challenge, an official designated by the head of the
executive agency shall--
(1) decide the challenge; and
(2) transmit to the party submitting the challenge a written
notification of the decision together with a discussion of the
rationale for the decision and an explanation of the party's right
to appeal under subsection (e).
(e) Appeal.--
(1) Authorization of appeal.--An interested party may appeal an
adverse decision of the official to the head of the executive
agency within 10 days after receiving a notification of the
decision under subsection (d).
(2) Decision on appeal.--Within 10 days after the head of an
executive agency receives an appeal of a decision under paragraph
(1), the head of the executive agency shall decide the appeal and
transmit to the party submitting the appeal a written notification
of the decision together with a discussion of the rationale for the
decision.

SEC. 4. APPLICABILITY.

(a) Executive Agencies Covered.--Except as provided in subsection
(b), this Act applies to the following executive agencies:
(1) Executive department.--An executive department named in
section 101 of title 5, United States Code.
(2) Military department.--A military department named in
section 102 of title 5, United States Code.
(3) Independent establishment.--An independent establishment,
as defined in section 104 of title 5, United States Code.
(b) Exceptions.--This Act does not apply to or with respect to the
following:
(1) General accounting office.--The General Accounting Office.
(2) Government corporation.--A Government corporation or a
Government controlled corporation, as those terms are defined in
section 103 of title 5, United States Code.
(3) Nonappropriated funds instrumentality.--A part of a
department or agency if all of the employees of that part of the
department or agency are employees referred to in section 2105(c)
of title 5, United States Code.
(4) Certain depot-level maintenance and repair.--Depot-level
maintenance and repair of the Department of Defense (as defined in
section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

In this Act:
(1) Federal government source.--The term ''Federal Government
source'', with respect to performance of an activity, means any
organization within an executive agency that uses Federal
Government employees to perform the activity.
(2) Inherently governmental function.--
(A) Definition.--The term ''inherently governmental
function'' means a function that is so intimately related to
the public interest as to require performance by Federal
Government employees.
(B) Functions included.--The term includes 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--
(i) to bind the United States to take or not to take
some action by contract, policy, regulation, authorization,
order, or otherwise;
(ii) to determine, protect, and advance United States
economic, political, territorial, property, or other
interests by military or diplomatic action, civil or
criminal judicial proceedings, contract management, or
otherwise;
(iii) to significantly affect the life, liberty, or
property of private persons;
(iv) to commission, appoint, direct, or control
officers or employees of the United States; or
(v) to exert ultimate control over the acquisition,
use, or disposition of the property, real or personal,
tangible or intangible, of the United States, including the
collection, control, or disbursement of appropriated and
other Federal funds.
(C) Functions excluded.--The term does not normally
include--
(i) gathering information for or providing advice,
opinions, recommendations, or ideas to Federal Government
officials; or
(ii) any function that is primarily ministerial and
internal in nature (such as building security, mail
operations, operation of cafeterias, housekeeping,
facilities operations and maintenance, warehouse
operations, motor vehicle fleet management operations, or
other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on October 1, 1998.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions.
Requires: (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list.
Requires the agency head to: (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list.
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published. Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals.
(Sec. 4) Provides that this Act shall not apply to or with respect to: (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''YMCA Teen Action Agenda Enhancement
Act of 2001''.

SEC. 2. FINDINGS.

Congress finds that--
(1) one in 10 teens, 2,400,000 teens across the Nation, are
currently involved in a program offered by a local YMCA;
(2) recognizing the unique obstacles faced by teenagers,
the YMCA has launched the Teen Action Agenda, a nationwide
campaign to double this number and serve 1 in 5 teens by 2005;
(3) in more than 1,900 YMCAs across the United States in
cities large and small, in neighborhoods rich and poor, teen
groups meet regularly and engage one another in safe,
wholesome, educational, and creative activities;
(4) it is well-documented that teens who participate in
structured activities after school are less likely to drink
alcohol, carry or use weapons, smoke cigarettes, engage in
early sexual activity, or skip school;
(5) YMCAs serve people of all faiths, races, abilities,
ages, and incomes;
(6) approximately 400 YMCAs partner with juvenile courts,
300 partner with public housing developments, 1550 partner with
elementary schools, and 1033 partner with high schools;
(7) the YMCA is volunteer-founded and volunteer-led and
depends on more than 600,000 volunteers to meet the unique
needs of their communities;
(8) the YMCA is especially committed to reaching teens that
are most at-risk for school failure or delinquency; and
(9) the prosperity of our Nation depends upon maximizing
and fulfilling the potential of its young people.

SEC. 3. DEFINITIONS.

In this Act:
(1) Local ymca.--The term ''local YMCA'' means one of the
approximately 2,400 locally incorporated and governed YMCAs in
the United States.
(2) Teen program.--The term ''teen program'' means any
program primarily attended by individuals between the ages of
11 and 19.
(3) YMCA of the usa.--The term ''YMCA of the USA'' means
the private, nonprofit, national membership and service
organization of approximately 2,400 local YMCAs.

SEC. 4. GRANTS TO THE YMCA OF THE USA.

(a) Purposes.--Subject to the availability of appropriations, the
Attorney General shall award a grant to the YMCA of the USA for the
purpose of carrying out YMCA programs for at-risk teens in accordance
with the provisions of this Act.
(b) Subgrants.--From amounts awarded under subsection (a), the YMCA
of the USA shall make subgrants to local YMCAs authorizing expenditures
associated with providing programs, including the hiring of teachers
and other personnel, procurement of goods and services (including
computer equipment), or such other expenditures as are approved by the
Attorney General.

SEC. 5. USE OF FUNDS.

(a) In General.--
(1) Programs for at-risk teens.--Amounts granted under this
Act shall be used by the YMCA of the USA to provide funding to
carry out YMCA programs that have a primary purpose of serving
teens who are determined to be at-risk for school failure or
delinquency.
(2) Program requirements.--Each program for which
assistance is provided under this Act shall include at least 3
of the following different activities:
(A) Mentoring assistance.
(B) Academic assistance.
(C) Recreational, fitness, and athletic activities.
(D) Technology training.
(E) Drug, alcohol, and gang prevention.
(F) Job and life skills.
(G) Character development and values education.
(H) Leadership development.
(I) Truancy and dropout prevention.
(J) Civic education.
(K) Volunteerism and service learning.
(L) Parenting skills.
(M) Literary, performing, and visual arts.
(N) Mental health services.
(O) Alternative education.
(P) Any research-based activity shown to have a
positive impact on the academic and social outcomes of
teens.
(b) Additional Requirements.--In carrying out the programs under
subsection (a), a local YMCA shall, to the maximum extent practicable--
(1) use volunteers from businesses, academic communities,
social organizations, and law enforcement organizations to
serve as mentors or to assist in other ways;
(2) develop creative methods of conducting outreach to
teens in the community;
(3) request donations of computer equipment and other
materials and equipment; and
(4) work with State and local educational and recreation
agencies so that activities funded with amounts made available
under a grant under this Act will not duplicate activities
funded from other sources in the community served.
(c) Funding for Program Administration.--Of the amounts granted to
the YMCA of the USA under this Act in each fiscal year, the YMCA of the
USA shall use--
(1) not less than 2 percent for research and evaluation of
the subgrants made under this Act;
(2) not less than 1 percent for technical assistance
related to the subgrants awarded under this Act; and
(3) not more than 6 percent for the management and
administration of the subgrants made under this Act.

SEC. 6. APPLICATIONS FOR SUBGRANTS.

(a) Eligibility.--To be eligible to receive a subgrant under this
Act, an applicant shall submit an application to the YMCA of the USA.
(b) Contents.--Each application submitted shall include--
(1) a request for a subgrant to be used for the purposes of
this Act;
(2) a description of the population to be served by the
subgrant and information demonstrating that this population is
at-risk for school failure or delinquency;
(3) a description of the program to be expanded or
established by the subgrant;
(4) information demonstrating the manner in which the local
YMCA will carry out the planning, establishment,
implementation, sustainability, and evaluation of the program
funded by the subgrant;
(5) information demonstrating that there are non-Federal
contributions (which may be in the form of an in-kind
contribution of goods or services) available to cover at least
50 percent of the total cost of the project; and
(6) any additional statistical or financial information
that the YMCA of the USA may reasonably require.
(c) Consideration of Subgrants.--In awarding subgrants under this
Act, the YMCA of the USA shall consider--
(1) the ability of the applicant to provide the intended
services;
(2) the history and establishment of the applicant in
providing teen activities; and
(3) efforts to achieve an equitable geographic distribution
of subgrant awards.

SEC. 7. REPORT.

For each fiscal year for which a grant is awarded under this Act,
the YMCA of the USA shall submit to the Attorney General a report that
details the progress and effectiveness of the YMCA programs in reaching
measurable outcomes.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of fiscal years 2002 through 2006.
(b) Continued Availability.--Amounts made available to carry out
this Act shall remain available until expended.
YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Child Welfare Provider Inclusion Act
of 2014''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Child welfare service providers, both individuals and
organizations, have the inherent, fundamental, and inalienable
right to free exercise of religion protected by the United
States Constitution.
(2) The right to free exercise of religion for child
welfare service providers includes the freedom to refrain from
conduct that conflicts with their sincerely held religious
beliefs.
(3) Most States provide government-funded child welfare
services through various charitable, religious, and private
organizations.
(4) Religious organizations, in particular, have a lengthy
and distinguished history of providing child welfare services
that predates government involvement.
(5) Religious organizations have long been and should
continue contracting with and receiving grants from
governmental entities to provide child welfare services.
(6) Religious organizations cannot provide certain child
welfare services, such as foster-care or adoption placements,
without receiving a government contract, grant or license.
(7) Religious organizations display particular excellence
when providing child welfare services.
(8) Children and families benefit greatly from the child
welfare services provided by religious organizations.
(9) Governmental entities and officials administering
federally funded child welfare services in some States,
including Massachusetts, California, Illinois, and the District
of Columbia, have refused to contract with religious
organizations that are unable, due to sincerely held religious
beliefs or moral convictions, to provide a child welfare
service that conflicts, or under circumstances that conflict,
with those beliefs or convictions; and that refusal has forced
many religious organizations to end their long and
distinguished history of excellence in the provision of child
welfare services.
(10) Ensuring that religious organizations can continue to
provide child welfare services will benefit the children and
families that receive those federally funded services.
(11) States also provide government-funded child welfare
services through individual child welfare service providers
with varying religious and moral convictions.
(12) Many individual child welfare service providers
maintain sincerely held religious beliefs or moral convictions
that relate to their work and should not be forced to choose
between their livelihood and adherence to those beliefs or
convictions.
(13) Because governmental entities provide child welfare
services through many charitable, religious, and private
organizations, each with varying religious beliefs or moral
convictions, and through diverse individuals with varying
religious beliefs or moral convictions, the religiously
impelled inability of some religious organizations or
individuals to provide certain services will not have a
material effect on a person's ability to access federally
funded child welfare services.
(14) The activities of funding and administering these
child welfare services substantially affect interstate
commerce.
(15) Taking adverse actions against child welfare service
providers that are unable, due to their sincerely held
religious beliefs or moral convictions, to provide certain
services (or provide services under certain circumstances)
substantially affects interstate commerce.
(16) The provisions of this Act are remedial measures that
are congruent and proportional to protecting the constitutional
rights of child welfare service providers guaranteed under the
Fourteenth Amendment to the United States Constitution.
(17) Congress has the authority to pass this Act pursuant
to its spending clause power, commerce clause power, and
enforcement power under section 5 of the Fourteenth Amendment
to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit governmental entities from discriminating
or taking an adverse action against a child welfare service
provider on the basis that the provider declines to provide a
child welfare service that conflicts, or under circumstances
that conflict, with the sincerely held religious beliefs or
moral convictions of the provider.
(2) To protect child welfare service providers' exercise of
religion and to ensure that governmental entities will not be
able to force those providers, either directly or indirectly,
to discontinue all or some of their child welfare services
because they decline to provide a child welfare service that
conflicts, or under circumstances that conflict, with their
sincerely held religious beliefs or moral convictions.
(3) To provide relief to child welfare service providers
whose rights have been violated.

SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED.

(a) The Federal Government, and any State that receives federal
funding for any program that provides child welfare services under part
B or part E of title IV of the Social Security Act (and any
subdivision, office or department of such State) shall not discriminate
or take an adverse action against a child welfare service provider on
the basis that the provider has declined or will decline to provide,
facilitate, or refer for a child welfare service that conflicts with,
or under circumstances that conflict with, the provider's sincerely
held religious beliefs or moral convictions.
(b) Subsection (a) does not apply to conduct forbidden by paragraph
(18) of section 471(a) of such Act.

SEC. 4. FUNDS WITHHELD FOR VIOLATION.

The Secretary of Health and Human Services shall withhold from a
State 15 percent of the federal funds the State receives for a program
that provides child welfare services under part B or part E of title IV
of the Social Security Act if the State violates section 3 when
administering or disbursing funds under such program.

SEC. 5. PRIVATE RIGHT OF ACTION.

(a) A child welfare service provider aggrieved by a violation of
section 3 may assert that violation as a claim or defense in a judicial
proceeding and obtain all appropriate relief, including declaratory
relief, injunctive relief, and compensatory damages, with respect to
that violation.
(b) A child welfare service provider that prevails in an action by
establishing a violation of section 3 is entitled to recover reasonable
attorneys' fees and costs.
(c) By accepting or expending federal funds in connection with a
program that provides child welfare services under part B or part E of
title IV of the Social Security Act, a State waives its sovereign
immunity for any claim or defense that is raised under this section.

SEC. 6. SEVERABILITY.

If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of the provision to any other
person or circumstance shall not be affected.

SEC. 7. EFFECTIVE DATE.

(a) The amendments made by this Act shall take effect on the 1st
day of the 1st fiscal year beginning on or after the date of the
enactment of this Act, and the withholding of funds authorized by
section 4 shall apply to payments under parts B and E of such Act for
calendar quarters beginning on or after such date.
(b) If legislation (other than legislation appropriating funds) is
required for a governmental entity to bring itself into compliance with
this Act, the governmental entity shall not be regarded as violating
this Act before the 1st day of the 1st calendar quarter beginning after
the first regular session of the legislative body that begins after the
date of the enactment of this Act. For purposes of the preceding
sentence, if the governmental entity has a 2-year legislative session,
each year of the session is deemed to be a separate regular session.

SEC. 8. DEFINITIONS.

The following definitions apply throughout this Act:
(1) The term ''child welfare service provider'' includes
organizations, corporations, groups, entities, or individuals
that provide or seek to provide, or that apply for or receive a
contract, subcontract, grant, or subgrant for the provision of,
child welfare services. The provider need not be engaged
exclusively in child welfare services to be considered a child
welfare service provider.
(2) The term ''child welfare services'' means social
services provided to or on behalf of children, including
assisting abused, neglected, or troubled children, counseling
children or parents, promoting foster parenting, providing
foster homes or temporary group shelters for children,
recruiting foster parents, placing children in foster homes,
licensing foster homes, promoting adoption, recruiting adoptive
parents, assisting adoptions, supporting adoptive families,
assisting kinship guardianships, assisting kinship caregivers,
providing family preservation services, providing family
support services, and providing time-limited family
reunification services.
(3) The term ''State'' includes any of the several States,
the District of Columbia, any commonwealth, territory or
possession of the United States, and any political subdivision
thereof.
(4) The terms ''funding'', ''funded'', or ''funds'' include
money paid pursuant to a contract, grant, voucher, or similar
means.
(5) The term ''adverse action'' includes, but is not
limited to, denying a child welfare service provider's
application for funding, refusing to renew the provider's
funding, canceling the provider's funding, declining to enter
into a contract with the provider, refusing to renew a contract
with the provider, canceling a contract with the provider,
declining to issue a license to the provider, refusing to renew
the provider's license, canceling the provider's license,
terminating the provider's employment, or any other adverse
action that materially alters the terms or conditions of the
provider's employment, funding, contract, or license.
Child Welfare Provider Inclusion Act of 2014 - Prohibits the federal government, and any state that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Federal Payments for Foster Care and Adoption Assistance) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (SSA), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. Bars such prohibition from applying to SSA requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. Requires the Secretary of Health and Human Services (HHS) to withhold 15% of the federal funds that a state receives for such programs if the state violates this Act. Allows an aggrieved child welfare service provider to assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney fees and costs).