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[Q]: 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.
[A]: 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.

[Q]: SECTION 1. ELIMINATION OF QUOTA AND PRICE SUPPORT PROGRAMS FOR PEANUTS.

(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture and the Commodity Credit Corporation may not
provide loans, purchases, payments, or other operations or take any
other action to support the price, or adjust or control the production,
of peanuts by using the funds of the Commodity Credit Corporation or
under the authority of any law.
(b) Marketing Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is
repealed.
(2) Conforming amendments.--
(A) Definitions.--Section 301(b) of the Act (7
U.S.C. 1301(b)) is amended--
(i) in paragraph (3)(A), by striking
''corn, rice, and peanuts'' and inserting
''corn and rice'';
(ii) in paragraph (6), by striking
subparagraph (C);
(iii) in paragraph (10)(A)--
(I) by striking ''wheat, and
peanuts'' and inserting ''and wheat'';
and
(II) by striking ''; 20 per centum
in the case of wheat; and 15 per centum
in the case of peanuts'' and inserting
''; and 20 percent in the case of
wheat'';
(iv) in paragraph (13)--
(I) by striking subparagraphs (B)
and (C); and
(II) in subparagraph (G), by
striking ''or peanuts'' both places it
appears; and
(v) in paragraph (16)(A), by striking
''rice, and peanuts'' and inserting ''and
rice''.
(B) Administrative provisions.--Section 361 of the
Act (7 U.S.C. 1361) is amended by striking
''peanuts,''.
(C) Adjustment of quotas.--Section 371 of the Act
(7 U.S.C. 1371) is amended--
(i) in the first sentence of subsection
(a), by striking ''peanuts,''; and
(ii) in the first sentence of subsection
(b), by striking ''peanuts''.
(D) Reports and records.--Section 373 of the Act (7
U.S.C. 1373) is amended--
(i) in subsection (a), by striking the
first sentence and inserting the following new
sentence: ''This subsection shall apply to
warehousemen, processors, and common carriers
of corn, wheat, cotton, rice, or tobacco, and
all ginners of cotton, all persons engaged in
the business of purchasing corn, wheat, cotton,
rice, or tobacco from producers, and all
persons engaged in the business of redrying,
prizing, or stemming tobacco for producers.'';
and
(ii) in subsection (b), by striking
''peanuts,''.
(E) Regulations.--Section 375(a) of the Act (7
U.S.C. 1375(a)) is amended by striking ''peanuts,''.
(F) Eminent domain.--The first sentence of section
378(c) of the Act (7 U.S.C. 1378(c)) is amended by
striking ''cotton, tobacco, and peanuts,'' and
inserting ''cotton and tobacco,''.
(c) Price Support Program.--
(1) Permanent price support.--Section 101(b) of the
Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by
striking ''and peanuts''.
(2) Temporary price support.--Sections 108, 108A, and 108B
of the Act (7 U.S.C. 1445c through 1445c-3) are repealed.
(3) Conforming amendments.--
(A) Section 301 of the Act (7 U.S.C. 1447) is
amended by inserting after ''nonbasic agricultural
commodity'' the following: ''(other than peanuts)''.
(B) Section 408(c) of the Act (7 U.S.C. 1428(c)) is
amended by striking ''peanuts,''.
(C) Section 5(a) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(a)) is amended
by inserting after ''agricultural commodities'' the
following: ''(other than peanuts)''.
(c) Liability.--A provision of this section or an amendment made by
this section shall not affect the liability of any person under any
provision of law as in effect before the application of the provision
of this section or the amendment in accordance with subsection (d).
(d) Application.--This section and the amendments made by this
section shall apply beginning with the 1996 crop of peanuts.
[A]: Amends the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949 to repeal respective peanut quota and price support programs.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Protecting Children from Identity
Theft Act''.

SEC. 2. REDUCING IDENTITY FRAUD.

(a) Purpose.--The purpose of this section is to reduce the
prevalence of synthetic identity fraud, which disproportionally affects
vulnerable populations, such as minors and recent immigrants, by
facilitating the validation by permitted entities of fraud protection
data, pursuant to electronically received consumer consent, through use
of a database maintained by the Commissioner.
(b) Definitions.--In this section:
(1) Commissioner.--The term ''Commissioner'' means the
Commissioner of the Social Security Administration.
(2) Financial institution.--The term ''financial
institution'' has the meaning given the term in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(3) Fraud protection data.--The term ''fraud protection
data'' means a combination of the following information with
respect to an individual:
(A) The name of the individual (including the first
name and any family forename or surname of the
individual).
(B) The Social Security account number of the
individual.
(C) The date of birth (including the month, day,
and year) of the individual.
(4) Permitted entity.--The term ''permitted entity'' means
a financial institution or a service provider, subsidiary,
affiliate, agent, contractor, or assignee of a financial
institution.
(c) Efficiency.--
(1) Reliance on existing methods.--The Commissioner shall
evaluate the feasibility of making modifications to any
database that is in existence as of the date of enactment of
this Act or a similar resource such that the database or
resource--
(A) is reasonably designed to effectuate the
purpose of this section; and
(B) meets the requirements of subsection (d).
(2) Execution.--The Commissioner shall establish a system
to carry out subsection (a), in accordance with section 1106 of
the Social Security Act. In doing so, the Commissioner shall
make the modifications necessary to any database that is in
existence as of the date of enactment of this Act or similar
resource, or develop a database or similar resource.
(d) Protection of Vulnerable Consumers.--The database or similar
resource described in subsection (c) shall--
(1) compare fraud protection data provided in an inquiry by
a permitted entity against such information maintained by the
Commissioner in order to confirm (or not confirm) the validity
of the information provided, and in such a manner as to deter
fraudulent use of the database or similar resource;
(2) be scalable and accommodate reasonably anticipated
volumes of verification requests from permitted entities with
commercially reasonable uptime and availability; and
(3) allow permitted entities to submit--
(A) one or more individual requests electronically
for real-time machine-to-machine (or similar
functionality) accurate responses; and
(B) multiple requests electronically, such as those
provided in a batch format, for accurate electronic
responses within a reasonable period of time from
submission, not to exceed 24 hours.
(e) Certification Required.--Before providing confirmation of fraud
protection data to a permitted entity, the Commissioner shall ensure
that the Commissioner has a certification from the permitted entity
that is dated not more than 2 years before the date on which that
confirmation is provided that includes the following declarations:
(1) The entity is a permitted entity.
(2) The entity is in compliance with this section.
(3) The entity is, and will remain, in compliance with its
privacy and data security requirements, as described in title V
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) and as
required by the Commissioner, with respect to information the
entity receives from the Commissioner pursuant to this section.
(4) The entity will retain sufficient records to
demonstrate its compliance with its certification and this
section for a period of not less than 2 years.
(f) Consumer Consent.--
(1) In general.--Notwithstanding any other provision of law
or regulation, a permitted entity may submit a request to the
database or similar resource described in subsection (c) only--
(A) pursuant to the written, including electronic,
consent received by a permitted entity from the
individual who is the subject of the request; and
(B) in connection with any circumstance described
in section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b).
(2) Electronic consent requirements.--For a permitted
entity to use the consent of an individual received
electronically pursuant to paragraph (1)(A), the permitted
entity must obtain the individual's electronic signature, as
defined in section 106 of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7006). Permitted entities
must develop and use an electronic signature process in
accordance with all Federal laws and requirements as designated
by the Commissioner.
(3) Effectuating electronic consent.--No provision of law
or requirement, including section 552a of title 5, United
States Code, shall prevent the use of electronic consent for
purposes of this subsection or for use in any other consent
based verification under the discretion of the Commissioner.
(g) Compliance and Enforcement.--
(1) Audits and monitoring.--
(A) In general.--The Commissioner--
(i) shall conduct audits and monitoring
to--
(I) ensure proper use by permitted
entities of the database or similar
resource described in subsection (c);
and
(II) deter fraud and misuse by
permitted entities with respect to the
database or similar resource described
in subsection (c); and
(ii) may terminate services for any
permitted entity that prevents or refuses to
allow the Commissioner to carry out the
activities described in clause (i) and may
terminate or suspend services for any permitted
entity as necessary to enforce any violation of
this section or of any certification made under
this section.
(2) Enforcement.--
(A) In general.--Notwithstanding any other
provision of law, including the matter preceding
paragraph (1) of section 505(a) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6805(a)), any violation of this
section and any certification made under this section
shall be enforced in accordance with paragraphs (1)
through (7) of such section 505(a) by the agencies
described in those paragraphs.
(B) Relevant information.--Upon discovery by the
Commissioner of any violation of this section or any
certification made under this section, the Commissioner
shall forward any relevant information pertaining to
that violation to the appropriate agency described in
subparagraph (A) for evaluation by the agency for
purposes of enforcing this section.
(h) Recovery of Costs.--
(1) In general.--
(A) In general.--Amounts obligated to carry out
this section shall be fully recovered from the users of
the database or verification system by way of advances,
reimbursements, user fees, or other recoveries as
determined by the Commissioner. The funds recovered
under this paragraph shall be deposited as an
offsetting collection to the account providing
appropriations for the Social Security Administration,
to be used for the administration of this section
without fiscal year limitation.
(B) Prices fixed by commissioner.--The Commissioner
shall establish the amount to be paid by the users
under this paragraph, including the costs of any
services or work performed, such as any appropriate
upgrades, maintenance, and associated direct and
indirect administrative costs, in support of carrying
out the purposes described in this section, by
reimbursement or in advance as determined by the
Commissioner. The amount of such prices shall be
periodically adjusted by the Commissioner to ensure
that amounts collected are sufficient to fully offset
the cost of the administration of this section.
(2) Initial development.--The Commissioner shall not begin
development of a verification system to carry out this section
until the Commissioner determines that amounts equal to at
least 50 percent of program start-up costs have been collected
under paragraph (1).
(3) Existing resources.--The Commissioner of Social
Security may use funds designated for information technology
modernization to carry out this section, but in all cases shall
be fully reimbursed under paragraph (1)(A).
(4) Annual report.--The Commissioner of Social Security
shall annually submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a report on the amount of indirect costs to the Social
Security Administration arising as a result of the
implementation of this section.

Passed the House of Representatives April 17, 2018.

Attest:

KAREN L. HAAS,

Clerk.
[A]:
Protecting Children from Identity Theft Act (Sec. 2) This bill requires the Social Security Administration (SSA) to develop a database to facilitate the verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs as determined by the SSA.