Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreclosure Accountability and
Transparency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alternative to foreclosure.--The term ``alternative to
        foreclosure''--
                    (A) means a course of action with respect to a
                mortgage offered to a borrower as an alternative to a
                foreclosure action; and
                    (B) includes a short sale and deed in lieu of
                foreclosure.
            (2) Borrower.--The term ``borrower'' means a mortgagor who
        is in default on their covered residential mortgage.
            (3) Covered residential mortgage.--The term ``covered
        residential mortgage'' means a federally related mortgage loan,
        as defined in section 3(1) of the Real Estate Settlement
        Procedures Act of 1974 (12 U.S.C. 2602(1)), that is secured by
        a first or subordinate lien on residential real property.
            (4) Foreclosure action.--The term ``foreclosure action''
        means a judicial or nonjudicial foreclosure.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.

SEC. 3. HOMEOWNER BILL OF RIGHTS.

    (a) Action Required Before Commencing Foreclosure.--Notwithstanding
any other provision of State or Federal law, no foreclosure action may
be commenced with respect to a covered residential mortgage unless the
person commencing the foreclosure complies with the following
requirements:
            (1) Notice.--
                    (A) In general.--
                            (i) Notification.--The borrower shall be
                        notified of the foreclosure action that may be
                        taken, and such notice shall provide detailed
                        information that includes the following:
                                    (I) A statement of any rights of
                                the borrower under the applicable laws
                                governing the foreclosure action and
                                consumer rights.
                                    (II) A statement of any deadlines
                                for filing answers, defenses, or
                                objections to the foreclosure action,
                                including those rights of the borrower
                                under the Real Estate Settlement
                                Procedures Act of 1974 (12 U.S.C. 2601
                                note) and any applicable State laws.
                                    (III) A statement of any penalties
                                and other consequences for the borrower
                                if such borrower does not respond or
                                file answers to the foreclosure action.
                                    (IV) A statement of the amounts
                                claimed to be in arrears under the
                                covered residential mortgage and
                                amounts needed to reinstate the account
                                and all associated costs and fees, set
                                forth in itemized and distinct
                                categories.
                                    (V) A statement of current contact
                                information, including telephone
                                numbers, electronic mail addresses, and
                                postal addresses, at which the borrower
                                can obtain further information
                                regarding the mortgage account.
                                    (VI) A description of--
                                            (aa) any additional
                                        options, such as a mortgage
                                        workout, modification,
                                        mitigation, redemption, and
                                        other alternatives to
                                        foreclosure that might be
                                        available to the borrower to
                                        prevent the foreclosure action
                                        from proceeding; and
                                            (bb) how the borrower can
                                        obtain additional information
                                        regarding such options.
                                    (VII) A statement of the correct
                                names, telephone numbers, electronic
                                mail addresses, postal addresses, and
                                any State licensing numbers of the
                                mortgage holder, the mortgage servicer,
                                and the person or persons authorized to
                                take the actions described pursuant to
                                subclause (V).
                            (ii) Accepted means of notification.--The
                        notification given pursuant to clause (i) shall
                        be made in writing, by electronic mail (if such
                        information is known), by telephone, and by
                        making an in-person visit to the property that
                        secures the loan in connection with the covered
                        residential mortgage.
                    (B) Appeal.--
                            (i) Filing.--The borrower may file an
                        appeal with the Secretary to dispute the
                        accuracy of the information contained in the
                        notice described in subparagraph (A).
                            (ii) Timing.--The person commencing the
                        foreclosure shall have 30 days after an appeal
                        is filed under clause (i) to submit to the
                        Secretary documentation supporting the
                        information provided in the notification
                        provided under subparagraph (A)(i).
                            (iii) Determination.--The Secretary shall
                        make a determination as to whether or not the
                        information contained in the notice described
                        in subparagraph (A) is accurate and if
                        foreclosure action is permitted not later than
                        30 days after the documentation is submitted
                        under clause (ii).
            (2) HUD certified counselors.--
                    (A) In general.--A borrower notified pursuant to
                paragraph (1)(A) may seek assistance from a HUD-
                approved housing counseling agency described under
                section 106 of the Housing and Urban Development Act of
                1968 (12 U.S.C. 1701x) to act as their agent in
                connection with the foreclosure action.
                    (B) Documentation.--If a borrower seeks assistance
                from a HUD-approved housing counseling agency under
                subparagraph (A), all information and documentation in
                connection with the foreclosure action shall be
                provided to such counseling agency.
            (3) Homeowner action.--
                    (A) Application.--
                            (i) In general.--A borrower shall have not
                        less than the 60-day period after a
                        notification under paragraph (1)(A) is received
                        to apply for a loan modification or commence an
                        alternative to foreclosure, and no foreclosure
                        action shall be initiated before the end of
                        such period.
                            (ii) Tolling.--The 60-day period described
                        in clause (i) shall be tolled during any period
                        of time in which the borrower has filed an
                        appeal pursuant to paragraph (1)(B) and the
                        Secretary, with respect to such appeal, has not
                        made a determination pursuant to clause (iii)
                        of such paragraph.
                    (B) Homeowner modification or alternatives to
                foreclosure.--If a borrower applies for a loan
                modification or submits documentation indicating that
                such borrower is seeking an alternative to foreclosure
                during the 60-day period described in subparagraph (A),
                the foreclosure action may not be initiated against
                such borrower until reasonable efforts have been made
                by the person commencing the foreclosure action to
                determine whether the borrower is eligible for a loan
                modification or an alternative to foreclosure.
                    (C) Explanation of denial.--If a borrower is
                declared ineligible for a loan modification or
                alternative to foreclosure, such borrower shall be
                given an explanation that includes the reasons why such
                borrower is ineligible.
    (b) Bar to Foreclosure Actions.--A violation of this section shall
be a bar to a foreclosure action.
    (c) Certification.--At the completion of a foreclosure action, the
person who commenced such action shall certify that all Federal, State,
and local laws and regulations were followed with respect to the
foreclosure action and submit all applicable documentation (as such
term is defined in regulations promulgated by the Secretary to carry
out this Act) in connection with such action to the--
            (1) borrower who was a party to the foreclosure action;
            (2) recorder's office in the municipality that the property
        that secures the loan in connection with the covered
        residential mortgage is located; and
            (3) Secretary.
    (d) Rule of Construction.--Nothing in this Act may be construed as
to require a person commencing a foreclosure action under this section
to comply with the requirements under subsection (a) in the case of a
borrower who--
            (1) was approved for a loan modification in connection with
        a covered residential mortgage after applying for such
        modification pursuant to subsection (a)(3)(A);
            (2) had the terms of such mortgage modified after such
        approval; and
            (3) is in default on such mortgage.
    (e) Relation to State Law.--This Act does not annul, alter, or
affect, or exempt any person subject to the provisions of this Act from
complying with, the laws of any State or subdivision thereof with
respect to a foreclosure action on a covered residential mortgage,
except to the extent that those laws are inconsistent with any
provision of this Act, and then only to the extent of the
inconsistency. No provision of the laws of any State or subdivision
thereof may be determined to be inconsistent with any provision of this
Act if such law is determined to require greater disclosure or notice
than is required under this Act or to provide greater protection to the
borrower than is required under this Act.
    (f) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out this Act.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, and shall apply to
covered residential mortgages in which foreclosure action has not
commenced.

Output:
Foreclosure Accountability and Transparency Act - Prohibits commencement of a foreclosure action with respect to a federally related residential mortgage loan secured by a first or subordinate lien unless the person commencing the foreclosure complies with specified requirements pertaining to borrower: (1) notification, (2) assistance obtained from a Department of Housing and Urban Development (HUD)-approved housing counseling agency, and (3) application for loan modification or commencement of an alternative to foreclosure.

Makes a violation of this Act a bar to a foreclosure action.

Requires the person who commenced a foreclosure action, at the completion of such action, to certify that all federal, state, and local laws and regulations were followed and submit all applicable documentation in connection with such action to: (1) the borrower who was a party to the foreclosure action, (2) the recorder's office in the muncipality where the property securing the loan in connection with the covered residential mortgage is located, and (3) the Secretary of HUD.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Sea Grant College Program
Act Amendments of 2002''.

SEC. 2. AMENDMENTS TO FINDINGS.

    Section 202(a)(6) of the National Sea Grant College Program Act (33
U.S.C. 1121(a)(6)) is amended by striking the period at the end and
inserting ``, including strong collaborations between Administration
scientists and scientists at academic institutions.''.

SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) Quadrennial Strategic Plan.--Section 204(c)(1) of the National
Sea Grant College Program Act (33 U.S.C. 1123(c)(1)) is amended to read
as follows:
        ``(1) The Secretary, in consultation with the panel, sea grant
    colleges, and sea grant institutes, shall develop at least every 4
    years a strategic plan that establishes priorities for the national
    sea grant college program, provides an appropriately balanced
    response to local, regional, and national needs, and is reflective
    of integration with the relevant portions of the strategic plans of
    the Department of Commerce and of the Administration.''.
    (b) Program Evaluation and Rating.--
        (1) Evaluation and rating requirement.--Section 204(d)(3)(A) of
    the National Sea Grant College Program Act (33 U.S.C.
    1123(d)(3)(A)) is amended to read as follows:
            ``(A)(i) evaluate the performance of the programs of sea
        grant colleges and sea grant institutes, using the priorities,
        guidelines, and qualifications established by the Secretary
        under subsection (c), and determine which of the programs are
        the best managed and carry out the highest quality research,
        education, extension, and training activities; and
            ``(ii) rate the programs according to their relative
        performance (as determined under clause (i)) into no less than
        5 categories, with each of the 2 best-performing categories
        containing no more than 25 percent of the programs;''.
        (2) Review of evaluation and rating process.--(A) After 3 years
    after the date of the enactment of this Act, the Secretary of
    Commerce, acting through the Under Secretary of Commerce for Oceans
    and Atmosphere, shall contract with the National Academy of
    Sciences--
            (i) to review the effectiveness of the evaluation and
        rating system under the amendment made by paragraph (1) in
        determining the relative performance of programs of sea grant
        colleges and sea grant institutes;
            (ii) to evaluate whether the sea grant programs have
        improved as a result of the evaluation process; and
            (iii) to make appropriate recommendations to improve the
        overall effectiveness of the evaluation process.
        (B) The National Academy of Sciences shall submit a report to
    the Congress on the findings and recommendations of the panel under
    subparagraph (A) by not later than 4 years after the date of the
    enactment of this Act.
    (c) Allocation of Funding.--Section 204(d)(3)(B) of the National
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by
striking ``and'' after the semicolon at the end of clause (ii) and by
adding at the end the following:
                ``(iv) encourage and promote coordination and
            cooperation between the research, education, and outreach
            programs of the Administration and those of academic
            institutions; and''.

SEC. 4. COST SHARE.

    Section 205(a) of the National Sea Grant College Program Act (33
U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and
inserting ``section 204(c)(4)(F)''.

SEC. 5. FELLOWSHIPS.

    (a) Ensuring Equal Access.--Section 208(a) of the National Sea
Grant College Program Act (33 U.S.C. 1127(a)) is amended by adding at
the end the following: ``The Secretary shall strive to ensure equal
access for minority and economically disadvantaged students to the
program carried out under this subsection. Not later than 1 year after
the date of the enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter, the Secretary shall
submit a report to the Congress describing the efforts by the Secretary
to ensure equal access for minority and economically disadvantaged
students to the program carried out under this subsection, and the
results of such efforts.''.
    (b) Postdoctoral Fellows.--Section 208(c) of the National Sea Grant
College Program Act (33 U.S.C. 1127(c)) is repealed.

SEC. 6. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.

    Section 209(c)(2) of the National Sea Grant College Program Act (33
U.S.C. 1128(c)(2)) is amended by striking the first sentence and
inserting the following: ``The term of office of a voting member of the
panel shall be 3 years for a member appointed before the date of
enactment of the National Sea Grant College Program Act Amendments of
2002, and 4 years for a member appointed or reappointed after the date
of enactment of the National Sea Grant College Program Act Amendments
of 2002. The Director may extend the term of office of a voting member
of the panel appointed before the date of enactment of the National Sea
Grant College Program Act Amendments of 2002 by up to 1 year.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Subsections (a), (b), and (c) of section 212 of the National Sea
Grant College Program Act (33 U.S.C. 1131) are amended to read as
follows:
    ``(a) Authorization.--
        ``(1) In general.--There are authorized to be appropriated to
    the Secretary to carry out this title--
            ``(A) $60,000,000 for fiscal year 2003;
            ``(B) $75,000,000 for fiscal year 2004;
            ``(C) $77,500,000 for fiscal year 2005;
            ``(D) $80,000,000 for fiscal year 2006;
            ``(E) $82,500,000 for fiscal year 2007; and
            ``(F) $85,000,000 for fiscal year 2008.
        ``(2) Priority activities.--In addition to the amounts
    authorized under paragraph (1), there are authorized to be
    appropriated for each of fiscal years 2003 through 2008--
            ``(A) $5,000,000 for competitive grants for university
        research on the biology and control of zebra mussels and other
        important aquatic nonnative species;
            ``(B) $5,000,000 for competitive grants for university
        research on oyster diseases, oyster restoration, and oyster-
        related human health risks;
            ``(C) $5,000,000 for competitive grants for university
        research on the biology, prevention, and forecasting of harmful
        algal blooms, including Pfiesteria piscicida; and
            ``(D) $3,000,000 for competitive grants for fishery
        extension activities conducted by sea grant colleges or sea
        grant institutes to enhance, and not supplant, existing core
        program funding.
    ``(b) Limitations.--
        ``(1) Administration.--There may not be used for administration
    of programs under this title in a fiscal year more than 5 percent
    of the lesser of--
            ``(A) the amount authorized to be appropriated under this
        title for the fiscal year; or
            ``(B) the amount appropriated under this title for the
        fiscal year.
        ``(2) Use for other offices or programs.--Sums appropriated
    under the authority of subsection (a)(2) shall not be available for
    administration of this title by the National Sea Grant Office, for
    any other Administration or department program, or for any other
    administrative expenses.
    ``(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in such
subsection, the Secretary shall distribute any excess amounts (except
amounts used for the administration of the sea grant program) to any
combination of the following:
        ``(1) sea grant programs, according to their rating under
    section 204(d)(3)(A);
        ``(2) national strategic investments authorized under section
    204(b)(4);
        ``(3) a college, university, institution, association, or
    alliance for activities that are necessary for it to be designated
    as a sea grant college or sea grant institute; and
        ``(4) a sea grant college or sea grant institute designated
    after the date of enactment of the National Sea Grant College
    Program Act Amendments of 2002 but not yet evaluated under section
    204(d)(3)(A).''.

SEC. 8. ANNUAL REPORT ON PROGRESS IN BECOMING DESIGNATED AS SEA GRANT
              COLLEGES AND SEA GRANT INSTITUTES.

    Section 207 of the National Sea Grant College Program Act (16
U.S.C. 1126) is amended by adding at the end the following:
    ``(e) Annual Report on Progress.--
        ``(1) Report requirement.--The Secretary shall report annually
    to the Committee on Resources and the Committee on Science of the
    House of Representatives, and to the Committee on Commerce,
    Science, and Transportation of the Senate, on efforts and progress
    made by colleges, universities, institutions, associations, and
    alliances to become designated under this section as sea grant
    colleges or sea grant institutes, including efforts and progress
    made by sea grant institutes in being designated as sea grant
    colleges.
        ``(2) Territories and freely associated states.--The report
    shall include description of--
            ``(A) efforts made by colleges, universities, associations,
        institutions, and alliances in United States territories and
        freely associated States to develop the expertise necessary to
        be designated as a sea grant institute or sea grant college;
            ``(B) the administrative, technical, and financial
        assistance provided by the Secretary to those entities seeking
        to be designated; and
            ``(C) the additional actions or activities necessary for
        those entities to meet the qualifications for such designation
        under subsection (a)(1).''.

SEC. 9. COORDINATION.

    Not later than February 15 of each year, the Under Secretary of
Commerce for Oceans and Atmosphere and the Director of the National
Science Foundation shall jointly submit to the Committees on Resources
and Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on how the
oceans and coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program and the
National Sea Grant College Program, and of the National Science
Foundation will be coordinated during the fiscal year following the
fiscal year in which the report is submitted. The report shall describe
in detail any overlapping ocean and coastal research interests between
the agencies and specify how such research interests will be pursued by
the programs in a complementary manner.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to require the Secretary of Commerce to develop a strategic plan for the national sea grant college program at least quadrennially. Requires that such plan integrate with the strategic plans of the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) as well as balance local, regional, and national needs.Revises requirements for evaluation of sea grant college and institute programs. Requires the Director of the National Sea Grant College Program to rate such programs according to their relative performance into at least five categories, with each of the two best-performing categories containing at most 25 percent of the programs.Requires the Secretary, acting through the Under Secretary of Commerce for Oceans and Atmosphere, to contract with the National Academy of Sciences to evaluate such rating system.Requires the Secretary to report to Congress on efforts to ensure equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program.Eliminates the postdoctoral fellowship program.Increases from three years to four years the membership term for the sea grant review panel.Authorizes appropriations for: (1) FY 2004 through 2008; (2) competitive grants for research on the biology and control of zebra mussels and other important aquatic nonnative species, on oyster health issues, on harmful algal blooms (including Pfiesteria piscicida); and (3) competitive grants for fishery extension activities to enhance (and not supplant) existing core program funding. Limits the percentage of funds available for administration.Requires the Secretary to distribute any appropriations in excess of FY 2003 levels to any combination of: (1) sea grant programs, according to their performance rating; (2) national strategic investments; (3) sea grant program qualifying activities; and (4) sea grant colleges or institutes designated after this Act's enactment, but not yet evaluated.Requires annual reports to specified congressional committees by: (1) the Secretary of Commerce on qualifying efforts of institutions to become a part of this program, including institutions in the territories and freely associated States; and (2) the Under Secretary of Commerce for Oceans and Atmosphere jointly with the Director of the National Science Foundation on the coordination during the following fiscal year of the ocean and coastal research activities of NOAA (including the National Sea Grant College and Coastal Ocean Programs) and the National Science Foundation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Port Workforce Act''.

SEC. 2. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
              CONVICTED FELONS.

    Section 70105 of title 46, United States Code, is amended--
            (1) in subsection (b)(1), by striking ``decides that the
        individual poses a security risk under subsection (c)'' and
        inserting ``determines under subsection (c) that the individual
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as
        follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual
                is permanently disqualified from being issued a
                transportation security card under subsection (b) if
                the individual has been convicted, or found not guilty
                by reason of insanity, in a civilian or military
                jurisdiction of any of the following felonies:
                            ``(i) Espionage or conspiracy to commit
                        espionage.
                            ``(ii) Sedition or conspiracy to commit
                        sedition.
                            ``(iii) Treason or conspiracy to commit
                        treason.
                            ``(iv) A crime listed in chapter 113B of
                        title 18, a comparable State law, or conspiracy
                        to commit such crime.
                            ``(v) A crime involving a transportation
                        security incident. In this clause, a
                        transportation security incident--
                                    ``(I) is a security incident
                                resulting in a significant loss of
                                life, environmental damage,
                                transportation system disruption, or
                                economic disruption in a particular
                                area (as defined in section 70101 of
                                title 46); and
                                    ``(II) does not include a work
                                stoppage or other nonviolent employee-
                                related action, resulting from an
                                employer-employee dispute.
                            ``(vi) Improper transportation of a
                        hazardous material under section 5124 of title
                        49, or a comparable State law;.
                            ``(vii) Unlawful possession, use, sale,
                        distribution, manufacture, purchase, receipt,
                        transfer, shipping, transporting, import,
                        export, storage of, or dealing in an explosive
                        or incendiary device (as defined in section
                        232(5) of title 18, explosive materials (as
                        defined in section 841(c) of title 18), or a
                        destructive device (as defined in 921(a)(4) of
                        title 18).
                            ``(viii) Murder.
                            ``(ix) Conspiracy or attempt to commit any
                        of the crimes described in clauses (v) through
                        (viii).
                            ``(x) A violation of the Racketeer
                        Influenced and Corrupt Organizations Act (18
                        U.S.C. 1961 et seq.), or a comparable State
                        law, if 1 of the predicate acts found by a jury
                        or admitted by the defendant consists of 1 of
                        the offenses listed in clauses (iv) and (viii).
                            ``(xi) Any other felony that the Secretary
                        determines to be a permanently disqualifying
                        criminal offense.
                    ``(B) Interim disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual
                is disqualified from being issued a biometric
                transportation security card under subsection (b) if
                the individual has been convicted, or found not guilty
                by reason of insanity, during the 7-year period ending
                on the date on which the individual applies for such or
                card, or was released from incarceration during the 5-
                year period ending on the date on which the individual
                applies for such a card, of any of the following
                felonies:
                            ``(i) Assault with intent to murder.
                            ``(ii) Kidnapping or hostage taking.
                            ``(iii) Rape or aggravated sexual abuse.
                            ``(iv) Unlawful possession, use, sale,
                        manufacture, purchase, distribution, receipt,
                        transfer, shipping, transporting, delivery,
                        import, export of, or dealing in a firearm or
                        other weapon. In this clause, a firearm or
                        other weapon includes, but is not limited to--
                                    ``(I) firearms (as defined in
                                section 921(a)(3) of title 18); and
                                    ``(II) items contained on the
                                United States Munitions Import List
                                under 447.21 of title 27 Code of
                                Federal Regulations.
                            ``(v) Extortion.
                            ``(vi) Dishonesty, fraud, or
                        misrepresentation, including identity fraud.
                            ``(vii) Bribery.
                            ``(viii) Smuggling.
                            ``(ix) Immigration violations.
                            ``(x) A violation of the Racketeer
                        Influenced and Corrupt Organizations Act (18
                        U.S.C. 1961, et seq.) or a comparable State
                        law, other than a violation listed in
                        subparagraph (A)(x).
                            ``(xi) Robbery.
                            ``(xii) Distribution of, possession with
                        intent to distribute, or importation of a
                        controlled substance.
                            ``(xiii) Arson.
                            ``(xiv) Conspiracy or attempt to commit any
                        of the crimes in this subparagraph.
                            ``(xv) Any other felony that the Secretary
                        determines to be a disqualifying criminal
                        offense under this subparagraph.
                    ``(C) Other potential disqualifications.--Except as
                provided under subparagraphs (A) and (B), an individual
                may not be denied a transportation security card under
                subsection (b) unless the Secretary determines that
                individual--
                            ``(i) has been convicted within the
                        preceding 7-year period of a felony or found
                        not guilty by reason of insanity of a felony--
                                    ``(I) that the Secretary believes
                                could cause the individual to be a
                                terrorism security risk to the United
                                States; or
                                    ``(II) for causing a severe
                                transportation security incident;
                            ``(ii) has been released from incarceration
                        within the preceding 5-year period for
                        committing a felony described in clause (i);
                            ``(iii) may be denied admission to the
                        United States or removed from the United States
                        under the Immigration and Nationality Act (8
                        U.S.C. 1101 et seq.); or
                            ``(iv) otherwise poses a terrorism security
                        risk to the United States.''.

Output: Secure Port Workforce Act - Amends the Maritime Transportation Security Act of 2002 to enumerate those felony offenses which would permanently disqualify or disqualify for a specified period an individual convicted of any such offenses (or found not guilty by reason of insanity) from being issued a transportation security card.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Routes to School Program
Reauthorization Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 1101(a) of the SAFETEA-LU (119 Stat. 1155) is amended by
striking paragraph (17) and inserting the following:
            ``(17) Safe routes to school program.--For the safe routes
        to school program under section 1404 of this Act, $600,000,000
        for each of fiscal years 2010 through 2014.''.

SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM.

    Section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1228)
is amended to read as follows:

``SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

    ``(a) Definition of Vicinity.--In this section, the term `vicinity'
means, with respect to a school, the area within bicycling and walking
distance of the school (approximately 2 miles).
    ``(b) Establishment.--Subject to this section, the Secretary shall
establish and carry out a safe routes to school program for the benefit
of children in kindergarten through the twelfth grade, with a
preference for primary and middle schools.
    ``(c) Purposes.--The purposes of the program shall be--
            ``(1) to enable and encourage children, including those
        with disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and
        more appealing transportation alternative, thereby encouraging
        a healthy and active lifestyle from an early age and throughout
        adolescence; and
            ``(3) to facilitate the planning, development, and
        implementation of projects and activities that will improve
        safety and reduce traffic, fuel consumption, and air pollution
        in the vicinity of schools.
    ``(d) Apportionment of Funds.--
            ``(1) In general.--Subject to paragraphs (2) through (5),
        amounts made available to carry out this section for a fiscal
        year shall be apportioned among the States in the proportion
        that--
                    ``(A) the total student enrollment in kindergarten
                through the twelfth grade in each State; bears to
                    ``(B) the total student enrollment in kindergarten
                through the twelfth grade in all States.
            ``(2) Minimum apportionment.--No State shall receive an
        apportionment under this section for a fiscal year in an amount
        less than an amount equal to 0.5 percent of the amounts made
        available to carry out this section for the fiscal year.
            ``(3) State incentive matching fund.--
                    ``(A) In general.--Subject to subparagraph (B),
                before apportioning amounts made available to carry out
                this section for a fiscal year, the Secretary shall set
                aside not more than 10 percent of the amounts to
                provide additional funds to States that match Federal
                funds with additional State funds for the purposes of
                this section.
                    ``(B) Requirements.--With respect to additional
                funds set aside under subparagraph (A)--
                            ``(i) the additional amount provided to a
                        State from those funds shall be directly
                        proportional to the amount of matching funds
                        provided by the State; and
                            ``(ii) any funds remaining after additional
                        amounts are provided to States shall be
                        distributed among all States in accordance with
                        the formula described in paragraph (1).
            ``(4) Set-asides for administrative expenses, research, and
        evaluation.--Before apportioning amounts made available to
        carry out this section for a fiscal year, the Secretary shall
        set aside--
                    ``(A) not more than 1.5 percent of the amounts for
                use in paying the administrative expenses of the
                Secretary in carrying out this subsection; and
                    ``(B) not less than 1.5 nor more than 2.5 percent
                of the amounts for use in carrying out research and
                evaluation activities under subsection (k).
            ``(5) Determination of student enrollments.--Determinations
        under this subsection relating to student enrollments and funds
        provided to States shall be made by the Secretary.
    ``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the department of
transportation of the State.
    ``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, and regional agencies (including nonprofit
organizations), Indian tribes, and tribal organizations that
demonstrate an ability to meet the requirements of this section.
    ``(g) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--Amounts apportioned to a State
                under this section may be used for the planning,
                design, and construction of infrastructure-related
                projects that will substantially improve the ability of
                students to walk, bicycle, or use other nonmotorized
                modes of transportation to school, including sidewalk
                improvements, traffic-calming and speed reduction
                improvements, pedestrian and bicycle crossing
                improvements, on-street bicycle facilities, off-street
                bicycle and pedestrian facilities, secure bicycle
                parking facilities, and traffic diversion improvements
                in the vicinity of schools.
                    ``(B) Location of projects.--Infrastructure-related
                projects under subparagraph (A) may be carried out on
                any public road or any bicycle or pedestrian pathway or
                trail in the vicinity of a school.
                    ``(C) Safe routes to bus stops.--
                            ``(i) Use of funds.--Each State may use up
                        to 10 percent of amounts apportioned to the
                        State and used for infrastructure purposes
                        under this section to assist eligible
                        recipients in making infrastructure
                        improvements that create safe routes to bus
                        stops that are located outside of the vicinity
                        of schools, as determined by the Secretary.
                            ``(ii) Exclusion of structures.--Bus stop
                        structures may not be constructed using amounts
                        apportioned to a State under this section.
            ``(2) Noninfrastructure-related activities.--
                    ``(A) In general.--Subject to subparagraph (C), in
                addition to projects described in paragraph (1),
                amounts apportioned to a State under this section may
                be used for noninfrastructure-related activities to
                encourage walking, bicycling, and other nonmotorized
                forms of transportation to school, including for--
                            ``(i) public awareness campaigns and
                        outreach to press and community leaders;
                            ``(ii) traffic education for children at a
                        school, regardless of whether the children live
                        in the vicinity of the school;
                            ``(iii) traffic enforcement in the vicinity
                        of schools;
                            ``(iv) student sessions on bicycle and
                        pedestrian safety, health, and environment; and
                            ``(v) funding for training, volunteers, and
                        managers of safe routes to school programs.
                    ``(B) Management.--The use of funds to pay managers
                of local safe routes to school programs shall be an
                allowable use of funding, and shall not be considered a
                prohibited, reoccurring cost.
                    ``(C) Maximum allowable amount.--Not less than 10
                percent nor more than 30 percent of the amount
                apportioned to a State under this section for a fiscal
                year shall be used for noninfrastructure-related
                activities under this paragraph.
            ``(3) Planning grants.--Amounts apportioned to a State
        under this section may be used to provide planning grants to
        assist eligible recipients in developing a comprehensive safe
        routes to school plan that encompasses infrastructure and
        noninfrastructure activities.
            ``(4) Equitable distribution.--Each State receiving an
        apportionment under this section shall ensure that funds to be
        used for infrastructure and noninfrastructure purposes are
        distributed in such a way that a fair balance of funding is
        provided to all types of communities, including low-income
        communities and urban, rural, and suburban school districts.
            ``(5) Safe routes to school coordinator.--Each State
        receiving an apportionment under this section for a fiscal year
        shall use a sufficient amount of the apportionment to fund a
        full-time position of coordinator for the safe routes to school
        program of the State.
            ``(6) Advisory committee.--Each State receiving an
        apportionment under this section shall form a multidisciplinary
        State advisory committee that includes relevant State agencies
        and other stakeholders (including nonprofit organizations,
        cities, and schools)--
                    ``(A) to provide guidance on program structure;
                    ``(B) to review applications for funding; and
                    ``(C) to provide biennial progress reports on the
                implementation of safe routes to school program of the
                State.
    ``(h) Clearinghouse.--
            ``(1) In general.--The Secretary shall provide grants to a
        national nonprofit organization engaged in promoting safe
        routes to schools--
                    ``(A) to operate a national safe routes to school
                clearinghouse;
                    ``(B) to develop information and educational
                programs on safe routes to school;
                    ``(C) to provide technical assistance and
                disseminate techniques and strategies used for
                successful safe routes to school programs, including
                for inclusion of children with disabilities;
                    ``(D) to carry out a national awareness and
                promotion campaign on the benefits of walking and
                bicycling to school and driver safety in the vicinity
                of schools;
                    ``(E) to maintain a national database of all
                projects assisted under this subsection; and
                    ``(F) to collect data relating to the purposes of
                this program, including information on the prevalence
                of inclusion of children with disabilities.
            ``(2) Funding.--The Secretary shall carry out this
        subsection using amounts set aside for administrative expenses
        under subsection (d)(4)(A).
    ``(i) Task Force.--
            ``(1) In general.--The Secretary shall establish a
        permanent, national safe routes to school task force composed
        of individuals who are leaders in health, transportation, and
        education (including representatives of appropriate Federal
        agencies and nonprofit organizations), to assess and make
        recommendations on the implementation and evaluation of the
        safe routes to school program.
            ``(2) Reports.--Not later than 30 months after the date of
        enactment of this paragraph, and not later than 90 days before
        the end of the final fiscal year for which funds are authorized
        to be appropriated to carry out this section, respectively, the
        Secretary shall submit to Congress a report that includes--
                    ``(A) a description of the status of implementation
                of the safe routes to school program;
                    ``(B) recommendations on strategies for successful
                implementation of that program; and
                    ``(C) guidance on evaluation strategies for that
                program.
            ``(3) Funding.--The Secretary shall carry out this
        subsection using amounts set aside for research and evaluation
        activities under subsection (d)(4)(B).
    ``(j) Treatment of Projects.--
            ``(1) Noninfrastructure projects.--A noninfrastructure
        project and an infrastructure project that does not involve or
        lead directly to construction for which assistance is provided
        under this section shall not be considered to be a project on a
        Federal-aid system for purposes of chapter 1 of title 23,
        United States Code.
            ``(2) Infrastructure projects.--Not later than 1 year after
        the date of enactment of this section, the Secretary shall
        promulgate regulations for Federal-aid construction projects
        under this section that encourage the use of the programmatic
        categorical exclusion, expedited procurement techniques, and
        other best practices to facilitate productive and timely
        expenditure of funds for projects that are small, low-impact,
        and constructed within an existing built environment.
            ``(3) State processes.--The Secretary shall work with State
        departments of transportation to ensure that the regulations
        promulgated pursuant to paragraph (2) are implemented
        consistently by States and staff of the Federal Highway
        Administration to avoid unnecessary delays in implementing
        projects and ensuring effective use of Federal funds.
    ``(k) Research and Evaluation.--
            ``(1) In general.--The Secretary shall develop and
        implement a comprehensive evaluation plan that includes--
                    ``(A) collaboration with the Centers for Disease
                Control and Prevention, the Environmental Protection
                Agency, and the Department of Education to develop
                measures of the effectiveness of safe routes to school
                with respect to health, safety, the environment,
                student academics, and student behavior;
                    ``(B) mandatory collection of standardized
                evaluation data on those measures for any project
                funded under this section;
                    ``(C) evaluation of data to determine the impact of
                safe routes to school on all purposes of the program,
                areas for improvement, and proven best practices at the
                national, State, and local levels; and
                    ``(D) the issuance not less than annually of
                updated best practices on State and local
                implementation.
            ``(2) Research.--The Secretary shall designate independent
        research organizations or authorities to conduct research and
        issue reports for wide dissemination that benefit the safe
        routes to school program, including--
                    ``(A) robust, reliable, consistent, and frequent
                measures of the use and safety of nonmotorized modes of
                transportation, including walking and bicycling for
                school-related travel;
                    ``(B) a school travel safety index capable of
                measuring both the mode share and crash history for
                school-related travel at the national, State, and local
                levels; and
                    ``(C) such additional research as the Secretary
                determines will advance the safe routes to school
                program.
            ``(3) School siting.--The Secretary shall assemble a
        working group composed of representatives of the Department of
        Transportation, the Department of Health and Human Services,
        the Department of Education, the Centers for Disease Control
        and Prevention, the Environmental Protection Agency, States,
        and stakeholder groups (including nonprofit organizations and
        schools)--
                    ``(A) to examine the complex issue of school siting
                (including the impact of school siting on levels of
                walking and bicycling to school); and
                    ``(B) to develop and annually update
                recommendations, strategies, and best practices to
                assist States and local governments in making decisions
                about siting schools.
    ``(l) Funding.--
            ``(1) In general.--Except as provided in paragraphs (2) and
        (3), funds made available to carry out this section shall be
        available for obligation in the same manner as if the funds
        were apportioned under chapter 1 of title 23, United States
        Code, except to the extent that the Secretary determines that
        any requirement of that title (other than section 113 of that
        title) is not consistent with the objectives of this section.
            ``(2) Availability.--Funds made available to carry out this
        section--
                    ``(A) shall not be transferable;
                    ``(B) shall remain available for obligation for a
                period of 3 years beginning on the date on which the
                funds are made available; and
                    ``(C) if allowed by a State to expire, shall be
                redistributed by the Secretary among States that
                obligated funds made available to the States during the
                2-year period beginning on the date on which the funds
                were made available to the States.
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of the cost of
                a project or activity carried out with funds made
                available under this section shall be 100 percent.
                    ``(B) Other funds.--
                            ``(i) In general.--A State or other
                        eligible recipient of funds under this section
                        may elect to contribute other funds to a safe
                        routes to school project.
                            ``(ii) Disadvantaged schools and higher-
                        risk areas.--If a State elects to consider
                        supplemental funds as part of the application
                        of an eligible recipient for a grant from funds
                        made available under this section, the State
                        shall ensure that disadvantaged schools and
                        schools in areas with higher risks of death and
                        injury to child pedestrians and cyclists are
                        not at a competitive disadvantage in the
                        selection process.''.

Output:
Safe Routes to School Program Reauthorization Act - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to reauthorize appropriations for FY2010-FY2014 for the safe routes to school program.

Revises program requirements to specify children kindergarten through 12th grade as the ones to be benefited by the program.

Revises apportionments to replace the current specific dollar amounts with formulae.

Includes projects for other nonmotorized modes of transportation besides walking and bicycling as noninfrastructure-related projects.

Authorizes states to set-aside up to 10% of apportioned funds for infrastructure improvements that create safe routes to bus stops located outside of the vicinity of schools.

Requires any state that receives an apportionment of funds to form a multidisciplinary state advisory committee.

Prescribes requirements for the treatment of noninfrastructure and infrastructure projects.

Requires the Secretary of Transportation to: (1) develop and implement a comprehensive plan for evaluating the effectiveness of safe routes to school; and (2) establish a working group of federal agencies, states, and stakeholders to examine the issue of school siting.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Remove Explicit Material Offensive
to Victims Expeditiously Act of 2018'' or the ``REMOVE Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The Internet and other communications technologies have
        generated tremendous benefits for consumers and businesses
        across all sectors of society. The United States is a world
        leader in harnessing these benefits to advance the social and
        economic well-being of its citizens. It is vital that U.S. law
        and policy support these advances and do not unduly restrict
        innovation or inhibit beneficial uses of these technologies.
            (2) Like all technologies, the Internet and other
        communications technologies can be misused by malicious actors.
        These actors often target those in society who are most
        vulnerable, including children, the elderly, and those whose
        circumstances make them particularly susceptible to fraud,
        harassment, or abuse.
            (3) In recent years, there has been a dramatic increase in
        the nonconsensual online distribution of images depicting the
        exposure of adult individuals' intimate body parts or depicting
        adult individuals engaged in sexually explicit conduct. In many
        cases, these adult individuals either did not consent to the
        creation of this imagery, or had a reasonable expectation that
        such material would remain private.
            (4) The nonconsensual distribution of sexually intimate
        imagery constitutes a gross violation of personal privacy and
        human dignity. This distribution can have devastating impacts
        on individuals depicted in such imagery, including on their
        professional lives, personal relationships, personal safety,
        and emotional well-being. Persons who intentionally distribute
        private, sexually intimate imagery often do so to humiliate,
        degrade, harass, threaten, or extort the individuals depicted.
            (5) In some cases, the nonconsensual distribution of
        sexually intimate imagery may violate Federal or State civil or
        criminal law. In this regard, Congress notes efforts by the
        Federal Trade Commission to address the nonconsensual
        distribution of sexually explicit images through its powers
        under the Federal Trade Commission Act.
            (6) Those who perpetrate the nonconsensual distribution of
        sexually intimate images often rely on interactive computer
        services to facilitate such distribution. This conduct may
        violate the terms of service or other terms imposed by
        providers of these services. Many providers have adopted
        policies, standards and procedures pursuant to which they will
        remove or block access to nonconsensual sexually intimate
        images upon notice.
            (7) It is in the public interest to incentivize providers
        of interactive computer services to adopt and enforce policies
        that are reasonably calculated to remove or block access
        through their services to sexually intimate imagery that has
        been distributed without the consent of one or more individuals
        depicted in that imagery.

SEC. 3. REQUIREMENT TO REMOVE NONCONSENSUAL SEXUALLY INTIMATE IMAGERY.

    (a) Rules Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prescribe rules in
accordance with section 553 of title 5, United States Code, that
require the following:
            (1) Publication of registrations.--The Commission to create
        and maintain a dedicated web page or other online resource,
        located within or accessible through the public-facing website
        of the Commission, through which individuals may obtain the
        information submitted by registered providers in accordance
        with paragraph (2).
            (2) Provider registration requirements.--A provider to
        submit a registration with the Commission by providing the
        following:
                    (A) Current and accurate contact details of a
                single agent, designated to receive the takedown
                request form described in subsection (b), who is
                authorized to act on the provider's behalf, including
                the employment title or division, email address or
                other online contact information, and telephone number
                of the agent.
                    (B) The URL of the location at which an individual
                may obtain access to and submit to the designated agent
                of a provider a takedown request form that meets the
                requirements of subsection (b).
            (3) Registration by commission.--Not later than 7 calendar
        days after the date on which the Commission receives a
        registration that meets the requirements of paragraph (2), the
        Commission to register the provider by publishing the
        registration in accordance with paragraph (1).
            (4) Removal of nonconsensual sexually intimate imagery.--A
        designated agent of a provider to expeditiously review and
        remove sexually intimate imagery if requested by an individual
        identifiable in the imagery if--
                    (A) a takedown request form that meets the
                requirements of subsection (b) is submitted to the
                designated agent of the provider;
                    (B) the designated agent of the provider can
                identify the imagery with reasonable certainty; and
                    (C) the imagery was produced in a location with a
                reasonable expectation of privacy.
            (5) Standardized sexually intimate takedown request form.--
        The Commission to provide on its public-facing web page or
        online resource as required under paragraph (1) access to a
        standardized sexually intimate takedown request form that meets
        the requirements of subsection (b).
            (6) General guidance.--The Commission to develop and
        implement a comprehensive awareness and educational campaign
        designed to--
                    (A) provide guidance for providers that lack a
                process to expeditiously remove sexually intimate
                imagery from their services; and
                    (B) inform Internet users about the resources made
                available to them by providers to request removal of a
                sexually intimate images that have been distributed
                without the consent of one or more individuals depicted
                in such images.
            (7) Penalty for noncompliance.--Penalties for a violation
        of this Act or any rule prescribed under this Act--
                    (A) that are commensurate with the circumstance of
                the offense taking into account the totality of the
                circumstances;
                    (B) that are greater for repeat offenders; and
                    (C) that are greater if the provider solicited the
                nonconsensual sexually intimate imagery or profited
                from the posting of such imagery.
    (b) Requirements of Sexually Intimate Takedown Request Form.--A
sexually intimate takedown request form satisfies the requirements of
this subsection if the form requires an individual seeking removal of
sexually intimate imagery distributed without consent of the submitter
that is available or accessible through a provider's service to submit
the following information in writing to the designated agent of the
provider as described under subsection (a)(2)(A):
            (1) A URL for each location where a sexually intimate image
        depicting the submitter appears on the provider's service.
            (2) An affirmation that the submitter had a reasonable
        expectation of privacy in the location in which each image was
        taken or recorded.
            (3) A description of any other private information that
        appears in the images.
            (4) An affirmation that the submitter did not consent to
        the distribution of the images on the provider's service.
            (5) A statement about whether the submitter has sought one
        or more protective measures in connection with any individual
        who took or recorded the images, any other individual who
        appears in the images, or any individual responsible for the
        distribution of the images.
            (6) An attestation that the submitter appears in the images
        and that all information provided in the takedown request form
        is true and accurate to the best of the submitter's knowledge.
    (c) Incentives for Responsible Provider Action.--
            (1) In general.--No cause of action shall lie in any court
        against any provider (including any officer, employee, or
        agent) if the provider meets the registration requirements
        under subsection (a)(2)--
                    (A) for any decision about whether to remove
                sexually intimate images that the provider makes in a
                good-faith response to the submission of a takedown
                request form that meets the requirements of subsection
                (b); and
                    (B) based on any knowledge obtained in the course
                of the provider's good-faith processing of an
                individual's takedown request form if--
                            (i) the Commission has registered the
                        provider under subsection (a)(3); and
                            (ii) the provider adheres to a publicly
                        accessible policy reasonably calculated to
                        remove or disable access through the services
                        of the provider to the sexually intimate images
                        that have been distributed without the consent
                        of one or more individuals who appear in the
                        images.
            (2) Policy defined.--In this subsection, the term
        ``policy'' means a publicly accessible document that describes
        how an individual may submit a takedown request for sexually
        intimate imagery, which may be included in the terms of
        service, a statement of community standards, or other document.
            (3) Rule of construction.--Paragraph (1) shall not be
        construed to--
                    (A) impair the enforcement of any Federal criminal
                statute;
                    (B) limit or expand any law pertaining to
                intellectual property;
                    (C) limit or expand section 230(c)(1) of the
                Communications Act of 1934 (47 U.S.C. 230(c)(1)); or
                    (D) subject a provider that meets the requirements
                under subsection (a)(2) to civil liability under State
                law for not removing sexually intimate imagery.

SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of a rule
prescribed under section 3(a) shall be treated as a violation of a rule
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
    (b) Powers of Commission.--The Commission shall enforce the rules
prescribed under section 3(a) in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any violation of such a rule shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act.

SEC. 5. STUDY BY THE COMMISSION.

    (a) Evaluation.--Not later than 5 years after the date of the
enactment of this Act, the Commission shall conduct a study and submit
to Congress a report that--
            (1) provides a detailed analysis of the effectiveness of
        the takedown request policies and procedures of providers that
        have registered with the Commission under section 3;
            (2) evaluates whether these policies and procedures have
        had a material impact in diminishing the public availability
        of, and access to, sexually intimate images distributed without
        the consent of one or more individuals appearing in such
        images; and
            (3) makes recommendations to Congress, as appropriate, on
        ways in which the provisions of this Act should be updated to
        take account of new technologies or new avenues through which
        such sexually intimate images are distributed.
    (b) Stakeholder Input.--The Commission shall prepare the study
required under subsection (a) by working with industry, victim and
victim support groups, and other stakeholders.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Image; imagery.--The term ``image'' or ``imagery''
        means a photograph, film, video, or other reprographic
        representation of an individual, whether recorded or live.
            (3) Interactive computer service.--The term ``interactive
        computer service'' has the meaning given that term in section
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (4) Protective measure.--The term ``protective measure''
        means a restraining order, court order, police report, contact
        with an appropriate victim's advocacy organization, or other
        measure or conduct reasonably intended to protect the
        individual seeking the measure against another individual
        responsible for or associated with a sexually intimate image
        that is the subject of a takedown request form.
            (5) Provider.--The term ``provider'' means a provider of an
        interactive computer service.
            (6) Sexually explicit conduct.--The term ``sexually
        explicit conduct'' has the meaning given that term in section
        2256(2)(A) of title 18, United States Code.
            (7) Single agent.--The term ``single agent'' means one
        individual or entity authorized by a provider pursuant to
        section 3(a)(2)(A), which may include an individual, a specific
        position or title held by an individual, a specific department
        within the provider's organization, or a third-party entity.
            (8) Sexually intimate image; sexually intimate imagery.--
        The terms ``sexually intimate image'' and ``sexually intimate
        imagery'' mean an image of a individual that depicts--
                    (A) a nude intimate body part; or
                    (B) sexually explicit conduct.
            (9) Submitter.--The term ``submitter'' means the individual
        who submits a sexually intimate image takedown request form to
        a provider.
            (10) Takedown request.--The term ``takedown request'' means
        a request to remove or block access to a sexually intimate
        image that depicts the individual submitting the request but
        was distributed without the explicit consent of the individual
        to public distribution.
            (11) URL.--The term ``URL'' means the address of an
        Internet web page or an item generally available on the
        Internet, such as a file.

Output: Remove Explicit Material Offensive to Victims Expeditiously Act of 2018 or the REMOVE Act This bill requires the Federal Trade Commission to prescribe rules for the creation of a public website where an individual may: (1) obtain information regarding the existence of sexually-intimate imagery depicting such individual, submitted by a registered interactive computer-service provider; and (2) submit a takedown-request form. If the form meets specified requirements, a designated agent of a provider must review and remove the imagery from the interactive computer service.


Input:
SECTION 1. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS.

    (a) Increase in Criminal Penalties for Computer Crimes.--Section
1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by striking all beginning with
        ``, unless'' through the semicolon and inserting ``or causes
        damage;''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(B), by striking ``5 years''
                and inserting ``10 years'';
                    (B) in paragraph (2)(C), by striking ``ten years''
                and inserting ``20 years'';
                    (C) in paragraph (3)(A), by striking ``five years''
                and inserting ``10 years''; and
                    (D) in paragraph (3)(B), by striking ``ten years''
                and inserting ``20 years''.
    (b) Improved Damage Threshold.--Section 1030(e)(8) of title 18,
United States Code, is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as
        subparagraphs (C), (D), and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) causes loss or interruption of service to the
                general public;''.

SEC. 2. NATIONAL COMMISSION ON CYBERSECURITY.

    (a) Establishment of National Commission on Cybersecurity.--There
is established the National Commission on Cybersecurity (in this
section referred to as the ``Commission'').
    (b) Membership of Commission.--
            (1) Appointment.--The Commission shall be composed of 12
        members as follows:
                    (A) Three individuals shall be appointed by the
                Speaker of the House of Representatives.
                    (B) One individual shall be appointed by the
                Minority Leader of the House of Representatives.
                    (C) Three individuals shall be appointed by the
                Majority Leader of the Senate.
                    (D) One individual shall be appointed by the
                Minority Leader of the Senate.
                    (E) Four individuals shall be appointed by the
                President of the United States.
            (2) Qualifications.--Each of the individuals appointed
        under paragraph (1) shall be--
                    (A) individuals with a background in Federal,
                State, or local law enforcement;
                    (B) individuals from the technology industry; or
                    (C) individuals with expertise in security in the
                technology industry.
            (3) Chairperson and vice chairperson.--The members of the
        Commission shall elect a Chairperson and a Vice Chairperson. In
        the absence of the Chairperson, the Vice Chairperson shall
        assume the duties of the Chairperson.
            (4) Quorum.--A majority of the members of the Commission
        shall constitute a quorum for the transaction of business.
            (5) Appointments.--All appointments under paragraph (1)
        shall be made within 30 days after the date of enactment of
        this Act.
            (6) Voting.--Each member of the Commission shall be
        entitled to 1 vote, which shall be equal to the vote of every
        other member of the Commission.
            (7) Vacancies.--Any vacancy on the Commission shall not
        affect its powers, but shall be filled in the manner in which
        the original appointment was made.
            (8) Prohibition of additional pay.--Members of the
        Commission shall receive no additional pay, allowances, or
        benefits by reason of their service on the Commission. Members
        appointed from among private citizens of the United States may
        be allowed travel expenses, including per diem, in lieu of
        subsistence, as authorized by law for persons serving
        intermittently in the Government service to the extent funds
        are available for such expenses.
            (9) Initial meeting.--The initial meeting of the Commission
        shall occur within 90 days after the date of enactment of this
        Act.
    (c) Functions of Commission.--
            (1) Specific findings and recommendations.--The Commission
        shall study the incidents of computer crimes and the need for
        enhanced methods of combating computer crimes. The Commission
        shall make findings and specific recommendations relating to--
                    (A) improved coordination among all Federal
                agencies in combating computer crimes, including a
                central information sharing mechanism;
                    (B) the need for criminal laws designed to deter
                computer crimes;
                    (C) development of a strategic plan for improved
                international coordination to combat computer crimes
                targeted at the United States from foreign countries;
                    (D) the need for additional Federal resources, as
                well as State and local resources to combat computer
                crimes; and
                    (E) the enhancement of overall computer security in
                the United States without creating legal or regulatory
                burdens on the private sector.
            (2) Final report.--
                    (A) In general.--Subject to subparagraph (B), the
                Commission shall submit to the President and Congress,
                not later than 1 year after the date of the first
                meeting of the Commission, a report that shall contain
                a detailed statement of the findings and conclusions of
                the Commission, including the Commission's
                recommendations for administrative and legislative
                action that the Commission considers advisable.
                    (B) Majority vote required for recommendations.--
                Any recommendation described in subparagraph (A) shall
                be made by the Commission to the President and Congress
                only if such recommendation is adopted by a majority
                vote of the members of the Commission who are present
                and voting.
    (d) Powers of Commission.--
            (1) Hearings.--For the purpose of carrying out this Act,
        the Commission may hold such hearings and sit and act at such
        times and places as the Commission may find advisable.
            (2) Rules and regulations.--The Commission may adopt such
        rules and regulations as may be necessary to establish the
        Commission's procedures and to govern the manner of the
        Commission's operations, organization, and personnel.
            (3) Assistance from federal agencies.--
                    (A) Information.--The Commission may request from
                the head of any Federal agency or instrumentality such
                information as the Commission may require for the
                purpose of this Act. Each such agency or
                instrumentality shall, to the extent permitted by law
                and subject to the exceptions set forth in section 552
                of title 5, United States Code (commonly referred to as
                the Freedom of Information Act), furnish such
                information to the Commission, upon request made by the
                Chairperson of the Commission.
                    (B) Facilities and services; personnel detail
                authorized.--Upon request of the Chairperson of the
                Commission, the head of any Federal agency or
                instrumentality shall, to the extent possible and
                subject to the discretion of such head--
                            (i) make any of the facilities and services
                        of such agency or instrumentality available to
                        the Commission; and
                            (ii) detail any of the personnel of such
                        agency or instrumentality to the Commission, on
                        a nonreimbursable basis, to assist the
                        Commission in carrying out the Commission's
                        duties under this Act.
            (4) Mails.--The Commission may use the United States mails
        in the same manner and under the same conditions as other
        Federal agencies.
            (5) Contracting.--The Commission, to such extent and in
        such amounts as are provided in appropriation Acts, may enter
        into contracts with State agencies, private firms,
        institutions, and individuals for the purpose of conducting
        research or surveys necessary to enable the Commission to
        discharge the Commission's duties under this Act.
            (6) Staff.--Subject to such rules and regulations as may be
        adopted by the Commission, and to such extent and in such
        amounts as are provided in appropriation Acts, the Chairperson
        of the Commission shall have the power to appoint, terminate,
        and fix the compensation (without regard to the provisions of
        title 5, United States Code, governing appointments in the
        competitive service, and without regard to the provisions of
        chapter 51 and subchapter III of chapter 53 of such title, or
        of any other provision of law, relating to the number,
        classification, and General Schedule rates) of an executive
        director, and of such additional staff as the Chairperson
        determines advisable to assist the Commission, at rates not to
        exceed a rate equal to the maximum rate for level IV of the
        Executive Schedule under section 5332 of such title.
    (e) Expenses of Commission.--There are authorized to be
appropriated to pay any expenses of the Commission such sums as may be
necessary not to exceed $500,000. Any sums appropriated for such
purposes are authorized to remain available until expended, or until 1
year after the termination of the Commission under subsection (f),
whichever occurs first.
    (f) Termination of Commission.--The Commission shall terminate on
the date that is 60 days after the date on which the Commission is
required to submit its final report in accordance with section (c)(2).

Output:
Redefines "damage" for purposes of the Act to include causing loss or interruption of service to the general public.
Establishes the National Commission on Cybersecurity.  Directs the Commission to study the incidents of computer crimes and the need for enhanced methods of combating computer crimes.  Sets forth reporting requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methamphetamine Abuse Prevention Act
of 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) methamphetamine is a dangerous drug distributed
        throughout the United States;
            (2) the manufacture, distribution, and use of
        methamphetamine results in increased crime, damage to the
        environment, hazardous waste that endangers the public,
        expensive cleanup costs often borne by Federal, State, and
        local government agencies, and broken families;
            (3) Congress has acted many times to limit the availability
        of chemicals and equipment used in the manufacturing of
        methamphetamine;
            (4) pseudoephedrine is one of the basic precursor chemicals
        used in the manufacture of methamphetamine;
            (5) the United States Drug Enforcement Administration has
        indicated that methamphetamine manufacturers often obtain
        pseudoephedrine from retail and wholesale distributors, in both
        bottles and ``blister packs'', and that the use of
        pseudoephedrine tablets in blister packs is pervasive in the
        illicit production of methamphetamine in both small and large
        clandestine methamphetamine laboratories;
            (6) while current law establishes a retail sales limit of 9
        grams for most pseudoephedrine products, including common cold
        medicine, there is no such limit on the sale of blister-packed
        pseudoephedrine products;
            (7) the 9 gram limit on bottled pseudoephedrine allows an
        individual to purchase approximately 366 thirty-milligram
        tablets per transaction, which is significantly more than a
        typical consumer would need for legitimate purposes;
            (8) reducing the current 9 gram threshold to 6 grams would
        allow consumers to continue purchasing sufficient medication
        for legitimate purposes and would assist efforts to reduce
        illegal use of the pseudoephedrine products;
            (9) the United States Drug Enforcement Administration
        recommended in March 2002 that retail distribution of
        pseudoephedrine tablets in blister packages should not be
        exempt from the general retail sales limit; and
            (10) in recommending legislation to correct the current
        disparity in the law between bottled and blister-packed
        pseudoephedrine tablets, the United States Drug Enforcement
        Administration stated that ``The removal of this difference
        would significantly prevent illicit access to this
        methamphetamine precursor and would be easier for both the
        government and the industry to monitor and would increase
        compliance by retailers''.

SEC. 3. REDUCTION OF RETAIL SALES THRESHOLD TO 6 GRAMS.

    Section 102(39)(A)(iv)(II) of the Controlled Substances Act (21
U.S.C. 802(39)(A)(iv)(II)) is amended--
            (1) by striking ``9 grams'' each place such term appears
        and inserting ``6 grams''; and
            (2) by striking ``and sold in package sizes of not more
        than 3 grams of pseudoephedrine base or 3 grams of
        phenylpropanolamine base; or'' and inserting the following:
        ``and sold in, with respect to nonliquids, package sizes of not
        more than 3.0 grams of pseudoephedrine base or 3.0 grams of
        phenylpropanolamine base, and packaged in blister packs, each
        blister containing not more than 2 dosage units, or where the
        use of blister packs is technically infeasible, packaged in
        unit dose packets or pouches and, with respect to liquids, sold
        in package sizes of not more than 3.0 grams of pseudoephedrine
        base or 3.0 grams of phenylpropanolamine base; or''.

SEC. 4. ELIMINATION OF BLISTER PACK EXEMPTION.

    (a) Regulated Transaction.--Section 102(39)(A)(iv)(I)(aa) of the
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended
by striking ``, except that'' and all that follows through ``1996)''.
    (b) Definition.--Section 102 of the Controlled substances Act (21
U.S.C. 802) is amended--
            (1) by striking paragraph (45); and
            (2) by redesignating paragraph (46) as paragraph (45).
    (c) Rule of Law.--To the extent that there exists a conflict
between the amendment made by subsection (a) and section 401(d) of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note),
the amendment shall control.

SEC. 5. NATIONAL UNIFORMITY FOR RESTRICTIONS ON THE SALE OF
              PSEUDOEPHEDRINE PRODUCTS.

    Section 708 of the Controlled Substances Act (21 U.S.C. 903) is
amended--
            (1) by striking ``No'' and inserting the following:
    ``(a) In General.--Except as provided in subsection (b), no''; and
            (2) by adding at the end the following:
    ``(b) Pseudoephedrine Drug Product.--
            ``(1) State and local requirements.--
                    ``(A) In general.--No State or political
                subdivision of a State or State authorized entity may
                establish with respect to the retail sales of any
                pseudoephedrine drug product any requirement or
                restriction that is different from, or in addition to,
                or that is otherwise not identical with, the
                requirements and restrictions that apply to
                pseudoephedrine drug products under this Act.
                    ``(B) State penalties.--Nothing in subparagraph (A)
                shall be construed as preventing a State or political
                subdivision of a State from adopting penalties that are
                different from, or in addition to, or that are
                otherwise not identical with, the penalties that apply
                under this Act.
                    ``(C) Grandfather clause.--Subparagraph (A) shall
                not apply to any requirement or restriction regarding
                the retail sale of pseudoephedrine drug products
                established by a State or political subdivision of a
                State or State authorized entity enacted prior to
                January 1, 2005, other than a requirement or
                restriction allowing any individual to purchase more
                than 6 grams of pseudoephedrine base in any single
                retail transaction.
            ``(2) Exemptions.--
                    ``(A) In general.--Upon application of a State or
                political subdivision thereof, the Attorney General,
                not later than 30 days after receiving the application,
                may exempt from paragraph (1)(A), under such conditions
                as the Attorney General may prescribe, a State or
                political subdivision requirement upon a determination
                by the Attorney General that--
                            ``(i) pseudoephedrine drug products
                        obtained in that State or political subdivision
                        are being used as a significant source of
                        precursor chemicals for illegal manufacture of
                        a controlled substance for distribution or
                        sale;
                            ``(ii) the requirement is likely to
                        substantially decrease the use of
                        pseudoephedrine drug products as a source of
                        precursor chemicals for illegal manufacture of
                        a controlled substance for distribution or
                        sale; and
                            ``(iii) the requirement will not unduly
                        burden interstate commerce.
                    ``(B) Judicial review.--
                            ``(i) Review in court of appeals.--Within
                        10 days after a determination by the Attorney
                        General under subparagraph (A), the State or
                        political subdivision involved, or an
                        individual affected by the determination, may
                        file a petition for judicial review of such
                        determination in the United States Court of
                        Appeals for the District of Columbia Circuit,
                        which shall have exclusive jurisdiction over
                        any such petitions.
                            ``(ii) Determination by court.--
                                    ``(I) In general.--Within 20 days
                                after a petition under clause (i) is
                                filed with the court, the court shall
                                enter final judgement on the petition.
                                    ``(II) Service regarding
                                petition.--With respect to a petition
                                under clause (i), if the court
                                determines that proper service was not
                                made on the Attorney General within 5
                                days after the date on which the
                                petition was filed with the court, the
                                running of the 20-day period under
                                subclause (I) shall not begin before
                                the day on which proper service was
                                made on the Attorney General.
                            ``(iii) Finality of determination.--Any
                        determination made by the court under this
                        subparagraph shall be final and conclusive and
                        shall not be reviewed by any other court.
                    ``(C) Computation of days.--For purposes of this
                paragraph, Saturday, Sunday, or a legal holiday in the
                District of Columbia shall not be counted as the last
                day of any period.
            ``(3) Definitions.--As used in this subsection, the term
        `pseudoephedrine drug product' means a product containing
        pseudoephedrine that may be marketed or distributed lawfully in
        the United States as a drug under the Federal Food, Drug, and
        Cosmetic Act.''.

Output:
Methamphetamine Abuse Prevention Act of 2004 - Amends the Controlled Substances Act to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine products from nine grams to six grams; and (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors.

Prohibits any State, political subdivision, or State authorized entity from establishing any requirement for retail sales of any pseudoephedrine drug product that is different from the requirements that apply to such products under this Act. Makes this provision inapplicable to any requirement enacted prior to January 1, 2005, other than a requirement allowing any individual to purchase more than six grams of pseudoephedrine base in any single retail transaction. Allows the State to adopt penalties that are different from penalties that apply under this Act.

 Authorizes exemptions from this prohibition upon a determination by the Attorney General that pseudoephedrine drug products obtained in the State are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale, that the requirement is likely to substantially decrease such use, and that the requirement will not unduly burden interstate commerce. Sets forth provisions governing judicial review.