SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade and Environment Reporting Act
of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States promotes efforts to prevent harm to
        the environment generally, including fish, wildlife, endangered
        species, and other natural resources, and to encourage
        sustainable development.
            (2) Free trade agreements and other major trade actions may
        have significant effects, positive and negative, on
        environmental resources.
            (3) Those effects may be within or outside of the
        territorial jurisdiction of the United States.
            (4) The interaction between increased liberalized trade and
        the environment is a complex and little understood issue.
            (5) Free trade agreements and other major trade actions
        have traditionally been excluded from any environmental
        assessment or monitoring requirements.
            (6) As part of its responsibilities under the Constitution
        to regulate commerce with foreign nations, the Congress
        considers legislation to grant negotiating authority to the
        President for free trade agreements, and legislation to
        implement those agreements.
            (7) The Congress and the public should be apprised of the
        environmental effects of free trade agreements and other major
        trade actions.
            (8) The environmental effects of free trade agreements and
        other major trade actions should be identified and considered
        by the President before entering into such actions.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Environmental resources.--The term ``environmental
        resources'' means the environment generally, including fish,
        wildlife, endangered species, and other natural resources.
            (2) Free trade agreement.--The term ``free trade
        agreement'' means an agreement between the United States and
        another nation or nations--
                    (A) the purpose of which is to regulate or
                liberalize trade between the United States and such
                nation or nations;
                    (B) which has been signed by the President; and
                    (C) which requires implementing legislation.
            (3) Major trade action.--
                    (A) Generally.--The term ``major trade action''--
                            (i) means any trade action which may have
                        effects on an environmental resource; and
                            (ii) includes any free trade agreement.
                    (B) Regulations.--The United States Trade
                Representative, in consultation with the Administrator
                of the Environmental Protection Agency, the
                Administrator of the National Oceanic and Atmospheric
                Administration, and the Secretary of the Interior,
                shall issue regulations which describe trade actions
                which are major trade actions under this paragraph.

SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS
              OF FREE TRADE AGREEMENTS.

    (a) Consultation.--
            (1) Requirement.--Before entering into negotiations for any
        free trade agreement or other major trade action, the United
        States Trade Representative shall consult, in accordance with
        the procedures established under paragraph (2), with the
        Congress, appropriate advisory committees established under the
        Trade Act of 1974, including the Trade and Environment Policy
        Advisory Committee, Federal agencies, environmental
        organizations, and other interested persons, for the purpose
        of--
                    (A) identifying environmental resources that may be
                affected by the free trade agreement or other major
                trade action; and
                    (B) in the case of a negotiation for a free trade
                agreement, determining the scope of the environmental
                assessment required under subsection (b).
            (2) Procedures.--Not later than 90 days after the date of
        the enactment of this Act, the United States Trade
        Representative, in consultation with the Council on
        Environmental Quality and after publication of notice and an
        opportunity for public comment, shall issue regulations which
        establish procedures for consultations under this subsection,
        including a requirement for publication of notice and an
        opportunity for public comment on the subject matter of the
        consultations.
    (b) Environmental Assessments.--
            (1) In general.--The United States Trade Representative, in
        consultation with the Administrator of the Environmental
        Protection Agency, the Administrator of the National Oceanic
        and Atmospheric Administration, the Secretary of the Interior,
        and the Council on Environmental Quality, shall prepare an
        environmental assessment for each free trade agreement.
            (2) Contents of assessments.--Each environmental assessment
        shall include--
                    (A) identification of the potential effects of the
                free trade agreement on environmental resources;
                    (B) the environmental resources protection laws of
                the United States that may be affected by the free
                trade agreement;
                    (C) measures to supplement the free trade agreement
                that would minimize adverse effects identified under
                subparagraph (A); and
                    (D) a detailed summary of the manner in which the
                results of consultations under subsection (a) with
                respect to the free trade agreement were taken into
                consideration in accordance with section 5.
            (3) Submission to congress.--The United States Trade
        Representative shall submit to the Congress the environmental
        assessment prepared for a free trade agreement--
                    (A) after the free trade agreement is signed by the
                President; and
                    (B) at least 60 days before the President transmits
                legislation to implement the free trade agreement to
                the Congress.
            (4) Public availability.--The United States Trade
        Representative shall--
                    (A) make each environmental assessment under this
                subsection publicly available on and after the date it
                is submitted to the Congress under paragraph (3); and
                    (B) publish notice of that availability in the
                Federal Register.

SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS.

    The United States Trade Representative shall--
            (1) consider the results of all consultations under section
        4(a) with respect to a major trade action before formulating
        any negotiating position for the major trade action; and
            (2) review each such negotiating position and determine its
        compatibility with the laws of the United States that protect
        environmental resources or encourage sustainable development.

SEC. 6. MONITORING AND REPORTING.

    (a) Monitoring.--
            (1) Effects on united states.--The Council on Environmental
        Quality, in consultation with the Administrator of the
        Environmental Protection Agency, the Secretary of the Interior,
        the Administrator of the National Oceanic and Atmospheric
        Administration, and the United States Trade Representative,
        shall monitor the effects of major trade actions on
        environmental resources within the territorial jurisdiction of
        the United States.
            (2) Effects on other nations.--The Council on Environmental
        Quality, in consideration with the officials referred to in
        paragraph (1) and the Secretary of State, shall cooperate with
        other nations to monitor and determine, to the extent
        practicable, the effects of major trade actions on
        environmental resources outside the territorial jurisdiction of
        the United States.
            (3) Report.--The Council on Environmental Quality shall
        report to the Congress every 3 years on the results of the
        monitoring required under this section.
    (b) Obligations Under Section 5.--The United States Trade
Representative shall report to the Congress each year on the manner in
which he or she has complied with section 5.

Summary: Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions. And (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. Directs the USTR to prepare an environmental assessment for each free trade agreement. Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action. And (2) review such negotiating position and determine its compatibility with US laws that protect environmental resources or encourage sustainable development. Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States. And (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Service Overseas Pay Equity
Act of 2008''.

SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    (a) Overseas Comparability Pay Adjustment.--
            (1) In general.--Chapter 4 of the Foreign Service Act of
        1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
        the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class
1 or below for purposes of section 403 and whose official duty station
is not in the continental United States or in a nonforeign area shall
receive, in accordance with the phase-in schedule set forth in
subsection (c), the same locality-based comparability payment under
section 5304 of title 5, United States Code (stated as a percentage) as
would be payable to such member if such member's official duty station
were in the District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment which is payable to a member of the Service under
this section--
            ``(1) shall be considered a part of the basic pay of such
        member for the purposes described in--
                    ``(A) section 5304(c)(2)(A) of title 5, United
                States Code; and
                    ``(B) chapter 8 of this Act; and
            ``(2) shall be subject to any limitations on pay applicable
        to locality-based comparability payments under section 5304 of
        such title.
    ``(c) Phase-In.--The locality-based comparability payment payable
to a member of the Service under this section shall be equal to--
            ``(1) 33.33 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period beginning on or after the
        earlier of April 1, 2009, or the date on which appropriations
        for fiscal year 2009 are made available pursuant to the
        enactment of  the Department of State, Foreign Operations, and
        Related Programs Appropriations Act, 2009, and ending on the
        last day of the last pay period in fiscal year 2009;
            ``(2) 66.67 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period in fiscal year 2010 and
        ending on the last day of the last pay period in fiscal year
        2010; and
            ``(3) 100 percent of the payment determined under
        subsection (a), beginning on the first day of the first pay
        period in fiscal year 2011.
    ``(d) Nonforeign Area Defined.--As used in this section, the term
`nonforeign area' means 1 of the areas listed in section 591.205 of
title 5, Code of Federal Regulations.''.
            (2) Conforming amendment.--The table of contents under
        section 2 of the Foreign Service Act of 1980 is amended by
        inserting after the item relating to section 414 the following:

``Sec. 415. Overseas comparability pay adjustment.''.
    (b) Conforming Amendments Relating to the Foreign Service
Retirement Systems.--
            (1) Contributions to the fund.--
                    (A) In general.--Section 805(a) of the Foreign
                Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
                            (i) in paragraph (1)--
                                    (I) by striking ``7.25 percent''
                                and inserting ``7 percent''; and
                                    (II) by striking ``The contribution
                                by the employing agency'' and all that
                                follows through ``and shall be made''
                                and inserting ``An equal amount shall
                                be contributed by the employing
                                agency'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                                    (II) in subparagraph (B), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                            (iii) in paragraph (3), by striking ``,
                        plus .25 percent''.
                    (B) Effective date.--The amendments made by
                subparagraph (A) shall take effect on the first day of
                the first pay period beginning on or after October 1,
                2010.
            (2) Computation of annuities.--Section 806(a)(9) of the
        Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended
        by striking ``is outside the continental United States shall''
        and inserting ``was outside the continental United States
        during the period beginning on December 29, 2002, and ending on
        the day before the first day of the first pay period beginning
        on or after October 1, 2010 (or during any portion of such
        period) shall, to the extent that such computation is based on
        the basic salary or basic pay of such member for such period
        (or portion of such period),''.
            (3) Entitlement to annuity.--Section 855(a)(3) of the
        Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is
        amended--
                    (A) by striking ``section 8414'' and inserting
                ``section 8415''; and
                    (B) by striking ``is outside the continental United
                States shall'' and inserting ``was outside the
                continental United States during the period beginning
                on December 29, 2002, and ending on the day before the
                first day of the first pay period beginning on or after
                October 1, 2010 (or during any portion of such period)
                shall, to the extent that such computation is based on
                the basic salary or basic pay of such member for such
                period (or portion of such period),''.
            (4) Deductions and withholdings from pay.--Section
        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to
        read as follows:
            ``(2) The applicable percentage under this subsection shall
        be as follows:

   ``Percentage                          Time Period

              7.5    Before January 1, 1999.
             7.75   January 1, 1999, to December 31, 1999.
              7.9   January 1, 2000, to December 31, 2000.
             7.55   January 11, 2003, to the day before the first day of
                     the first pay period beginning on or after October
                     1, 2010.
              7.5   Beginning on the first day of the first pay period
                     beginning on or after October 1, 2010.''.

    (c) Reporting Requirement.--Not later than October 1, 2010, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives that includes--
            (1) an assessment of all allowances provided to members of
        the Foreign Service under the Foreign Service Act of 1980 or
        under title 5, United States Code; and
            (2) an explanation of how such allowances have been or will
        be affected by the amendments to the Foreign Service Act of
        1980 made under this Act.

SEC. 3. DEATH GRATUITY.

    Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)) is amended by striking ``at the time of death'' and inserting
``at level II of the Executive Schedule under section 5313 of title 5,
United States Code, at the time of death. If the deceased employee was
compensated under a local compensation plan established under section
408, the amount of such gratuity shall be equal to the greater of 1
year's salary at the time of death or 1 year's salary at the highest
step of the highest grade on the local compensation plan from which the
employee was being paid at the time of death''.

Summary: Foreign Service Overseas Pay Equity Act of 2008 - Amends the Foreign Service Act of 1980 to: (1) extend comparability pay adjustments to Foreign Service members assigned abroad. And (2) amend the death gratuity computation payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad.

A bill to amend the Foreign Service Act of 1980 to extend comparability pay adjustments to members of the Foreign Service assigned to posts abroad, and to amend the provision relating to the death gratuity payable to surviving dependents on Foreign Service employees who die as a result of injuries sustained in the performance of duty abroad.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Farm Protection Act of
1995''.

SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.

    (a) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
    ``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
            ``(1) In general.--If the executor makes the election
        described in paragraph (3), then, except as otherwise provided
        in this subsection, there shall be excluded from the gross
        estate the value of land subject to a qualified conservation
        easement (reduced by the amount of any indebtedness to which
        such land is subject).
            ``(2) Treatment of Retained Development Right.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                the value of any development right retained by the
                donor in the conveyance of a qualified conservation
                easement. The tax imposed by section 2001 (if any)
                attributable to any development right so retained shall
                be imposed only upon the disposition of such property.
                The tax so imposed shall be due and payable by the
                person so disposing of such property on the 15th day of
                the 4th month following the calendar year in which such
                disposition occurs.
                    ``(B) Definitions.--For purposes of this
                paragraph--
                            ``(i) Disposition.--The term `disposition'
                        shall not include any gift or devise.
                            ``(ii) Development right.--The term
                        `development right' means the right to
                        establish or use any structure and the land
                        immediately surrounding it for sale, rent, or
                        any other commercial purpose which is not
                        subordinate to and directly supportive of--
                                    ``(I) the conservation purpose
                                identified in the easement, or
                                    ``(II) the activity of farming,
                                forestry, ranching, horticulture,
                                viticulture, or recreation (whether or
                                not for profit) conducted on land
                                subject to the easement in which such
                                right is retained.
            ``(3) Election.--The election under this subsection shall
        be made on the return of the tax imposed by section 2001. Such
        an election, once made, shall be irrevocable.
            ``(4) Calculation and notice of potential estate tax due.--
        An executor making the election described in paragraph (3)
        shall compute the amount of tax imposed by section 2001 upon
        any development right (as defined in paragraph (2)) retained by
        the donor in the conveyance of such qualified conservation
        easement and include such computation with the return of the
        tax imposed by section 2001. The executor shall also file a
        `Notice of Potential Estate Tax Due' in the place or places
        where deeds are put to public record for the locality in which
        the land subject to such qualified conservation easement is
        located. The report of the computation of tax on any retained
        development right and the filing of the notice prescribed in
        this paragraph shall be done in such manner and on such forms
        as the Secretary shall prescribe.
            ``(5) Definitions.--For purposes of this subsection--
                    ``(A) Land subject to a qualified conservation
                easement.--The term `land subject to a qualified
                conservation easement' means land--
                            ``(i) which is located in or within 50
                        miles of an area which, on the date of the
                        decedent's death, is--
                                    ``(I) a metropolitan area (as
                                defined by the Office of Management and
                                Budget), or
                                    ``(II) a National Park (unless it
                                is determined by the Secretary that
                                land in or within 50 miles of such a
                                Park is not under significant
                                development pressure),
                            ``(ii) which was owned by the decedent or a
                        member of the decedent's family at all times
                        during the 3-year period ending on the date of
                        the decedent's death, and
                            ``(iii) with respect to which a qualified
                        conservation easement is or has been made by
                        the decedent or a member of the decedent's
                        family.
                    ``(B) Qualified conservation easement.--The term
                `qualified conservation easement' means a qualified
                conservation contribution (as defined in section
                170(h)(1)) of a qualified real property interest (as
                defined in section 170(h)(2)(C)). Clause (iv) of
                section 170(h)(4)(A) shall not apply for purposes of
                the preceding sentence.
                    ``(C) Member of family.--The term `member of the
                decedent's family' means any member of the family (as
                defined in section 2032A(e)(2)) of the decedent.''
    (b) Carryover Basis.--Section 1014(a) of such Code (relating to
basis of property acquired from a decedent) is amended by striking the
period at the end of paragraph (3) and inserting ``, or'' and by adding
after paragraph (3) the following new paragraph:
            ``(4) to the extent of the applicability of the exclusion
        described in section 2031(c), the basis in the hands of the
        decedent.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1994.

SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.

    (a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding at the end the
following new subsection:
    ``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' has the meaning given to such term by section 2031(c); except
that references to the decedent shall be treated as references to the
donor and references to the date of the decedent's death shall be
treated as references to the date of the transfer by the donor.''
    (b) Effective Date.--The amendment made by this section shall apply
to gifts made after December 31, 1994.

SEC. 4. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION.

    (a) Qualified Conservation Contribution Is Not a Disposition.--
Subsection (c) of section 2032A of the Internal Revenue Code of 1986
(relating to alternative valuation method) is amended by adding at the
end the following new paragraphs:
            ``(8) Qualified conservation contribution is not a
        disposition.--A qualified conservation contribution (as defined
        in section 170(h)) by gift or otherwise shall not be deemed a
        disposition under subsection (c)(1)(A).
            ``(9) Exception for real property is land subject to a
        qualified conservation easement.--If qualified real property is
        land subject to a qualified conservation easement (as defined
        in section 2031(c)), the preceding paragraphs of this
        subsection shall not apply.''
    (b) Land Subject to a Qualified Conservation Easement Is Not
Disqualified.--Subsection (b) of section 2032A of such Code (relating
to alternative valuation method) is amended by adding at the end the
following paragraph:
                    ``(E) If property is otherwise qualified real
                property, the fact that it is land subject to a
                qualified conservation easement (as defined in section
                2031(c)) shall not disqualify it under this section.''
    (c) Effective Date.--The amendments made by this section shall
apply with respect to contributions made, and easements granted, after
December 31, 1994.

Summary: American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement . Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition. And (2) land subject to a conservation easement is not disqualified.

American Farm Protection Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Era Copyright Enhancement
Act''.

SEC. 2. FAIR USE.

    (a) Transmissions.--The first sentence of section 107 of title 17,
United States Code, is amended by inserting after ``or by any other
means specified in that section,'' the following: ``and by analog or
digital transmission,''; and
    (b) Determination.--Section 107 of title 17, United States Code, is
amended by adding at the end thereof the following:
``In making a determination concerning fair use, no independent weight
shall be afforded to--
            ``(1) the means by which the work has been performed,
        displayed or distributed under the authority of the copyright
        owner; or
            ``(2) the application of an effective technological measure
        (as defined under section 1201(c)) to the work.''.

SEC. 3. LIBRARY/ARCHIVE EXEMPTIONS.

    Section 108 of title 17, United States Code, is amended--
            (1) by striking ``Notwithstanding'' at the beginning of
        subsection (a) and inserting: ``Except as otherwise provided
        and notwithstanding'';
            (2) by inserting after ``copyright'' in subsection (a)(3):
        ``if such notice appears on the copy or phonorecord that is
        reproduced under the provisions of this section'';
            (3) in subsection (b) by--
                    (A) deleting ``a copy or phonorecord'' and
                inserting in lieu thereof: ``three copies or
                phonorecords''; and
                    (B) deleting ``in facsimile form''; and
            (4) in subsection (c) by--
                    (A) deleting ``a copy or phonorecord'' and
                inserting in lieu thereof: ``three copies or
                phonorecords'';
                    (B) deleting ``in facsimile form''; and
                    (C) inserting ``or if the existing format in which
                the work is stored has become obsolete,'' after
                ``stolen,''.

SEC. 4. FIRST SALE.

    Section 109 of title 17, United States Code, is amended by adding
the following new subsection at the end thereof:
    ``(f) The authorization for use set forth in subsection (a) applies
where the owner of a particular copy or phonorecord in a digital format
lawfully made under this title, or any person authorized by such owner,
performs, displays or distributes the work by means of transmission to
a single recipient, if that person erases or destroys his or her copy
or phonorecord at substantially the same time. The reproduction of the
work, to the extent necessary for such performance, display,
distribution, is not an infringement.''.

SEC. 5. DISTANCE LEARNING.

    (a) Title Change.--The title of section 110 of title 17, United
States Code, is amended to read as follows:
``Sec. 110. Limitations on exclusive rights: Exemption of certain
              activities'';
    (b) Performance, Display and Distribution of a Work.--Section
110(2) of title 17, United States Code, is amended to read as follows:
            ``(2) performance, display or distribution of a work, by or
        in the course of an analog or digital transmission, if--
                    ``(A) the performance, display or distribution is a
                regular part of the systematic instructional activities
                of a governmental body or a nonprofit educational
                institution;
                    ``(B) the performance, display or distribution is
                directly related and of material assistance to the
                teaching content of the transmission; and
                    ``(C) the work is provided for reception by--
                            ``(i) students officially enrolled in the
                        course in connection with which it is provided;
                        or
                            ``(ii) officers or employees of
                        governmental bodies as part of their official
                        duties or employment;''
    (c) Ephemeral Recordings of Works.--Section 112(b) of title 17,
United States Code, is amended by deleting ``transmit a performance or
display of'' and inserting in lieu thereof: ``perform, display or
distribute''.

SEC. 6. LIMITATIONS ON EXCLUSIVE RIGHTS.

    (a) Title.--The title of section 117 of title 17, United States
Code, is amended to read as follows:
``Sec. Limitations on exclusive rights: Computer programs and digital
              copies'';
    (b) Digital Copies.--Section 117 of title 17, United States Code,
is amended by inserting ``(a)'' before ``Notwithstanding'' and
inserting the following as a new subsection (b):
    ``(b) Notwithstanding the provisions of section 106, it is not an
infringement to make a copy of a work in a digital format if such
copying--
            ``(1) is incidental to the operation of a device in the
        course of the use of a work otherwise lawful under this title;
        and
            ``(2) does not conflict with the normal exploitation of the
        work and does not unreasonably prejudice the legitimate
        interests of the author.''.

SEC. 7. PREEMPTION.

    Section 301(a) of title 17, United States Code, is amended by
inserting the following at the end thereof:
``When a work is distributed to the public subject to non-negotiable
license terms, such terms shall not be enforceable under the common law
or statutes of any state to the extent that they--
            ``(1) limit the reproduction, adaptation, distribution,
        performance, or display, by means of transmission or otherwise,
        of material that is uncopyrightable under section 102(b) or
        otherwise; or
            ``(2) abrogate or restrict the limitations on exclusive
        rights specified in sections 107 through 114 and sections 117
        and 118 of this title.''.

SEC. 8. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS.

    Title 17, United States Code, is amended by adding at the end the
following new chapter:

       ``CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

``Sec.
``1201. Circumvention of certain technological measures.
``1202. Integrity of copyright management information.
``1203. Civil remedies.
``Sec. 1201. Circumvention of certain technological measures
    ``(a) Circumvention Conduct.--No person, for the purpose of
facilitating or engaging in an act of infringement, shall engage in
conduct so as knowingly to remove, deactivate or otherwise circumvent
the application or operation of any effective technological measure
used by a copyright owner to preclude or limit reproduction of a work
or a portion thereof. As used in this subsection, the term `conduct'
does not include manufacturing, importing or distributing a device or a
computer program.
    ``(b) Conduct Governed by Separate Chapter.--Notwithstanding
subsection (a), this section shall not apply with respect to conduct or
the offer or performance of a service governed by a separate chapter of
this title.
    ``(c) Definition of Effective Technological Measure.--As used in
this section, the term `effective technological measure' means a change
in the data comprising a work or a copy of a work transmitted in
digital format so as to protect the rights of a copyright owner of such
work or portion thereof under this title and which--
            ``(1) encrypts or scrambles the work or a portion thereof
        in the absence of information supplied by the copyright owner;
        or
            ``(2) includes attributes with respect to access or
        recording status that cannot be removed without degrading the
        work or a portion thereof.
``Sec. 1202. Integrity of copyright management information
    ``(a) False Copyright Management Information.--No person shall
knowingly provide copyright management information that is false, or
knowingly publicly distribute or import for distribution copyright
management information that is false, with intent to induce,
facilitate, or conceal infringement.
    ``(b) Removal or Alteration of Copyright Management Information.--
No person shall, without authority of the copyright owner or other
lawful authority, knowingly and with intent to mislead or to induce or
facilitate infringement--
            ``(1) remove or alter any copyright management information;
            ``(2) publicly distribute or import for distribution a copy
        or phonorecord containing copyright management information that
        has been altered without authority of the copyright owner or
        other lawful authority; or
            ``(3) publicly distribute or import for distribution a copy
        or phonorecord from which copyright management information has
        been removed without authority of the copyright owner or other
        lawful authority: Provided, That the conduct governed by this
        subsection does not include the manufacturing, importing or
        distributing of a device.
    ``(c) Definition of Copyright Management Information.--As used in
this chapter, the term `copyright management information' means the
following information in electronic form as carried in or as data
accompanying a copy or phonorecord of a work, including in digital
form:
            ``(1) The title and other information identifying the work,
        including the information set forth in a notice of copyright;
            ``(2) The name and other identifying information of the
        author of the work;
            ``(3) The name and other identifying information of the
        copyright owner of the work, including the information set
        forth in a notice of copyright;
            ``(4) Terms and conditions for uses of the work;
            ``(5) Identifying numbers or symbols referring to such
        information or links to such information; and
            ``(6) Such other identifying information concerning the
        work as the Register of Copyrights may prescribe by regulation:
Provided, That the term `copyright management information' does not
include the information described in section 1002, section 1201(c), or
a chapter of this title other than chapters one through nine of this
title: Provided further, That, in order to assure privacy protection,
the term `copyright management information' does not include any
personally identifiable information relating to the user of a work,
including but not limited to the name, account, address or other
contact information of or pertaining to the user.
``Sec. 1203. Civil remedies
    ``(a) Civil Actions.--Any person aggrieved by a violation of
section 1201(a) or 1202 may bring a civil action in an appropriate
United States district court against any person for such violation.
    ``(b) Powers of the Court.--In an action brought under subsection
(a), the court--
            ``(1) may grant a temporary and a permanent injunction on
        such terms as it deems reasonable to prevent or restrain a
        violation;
            ``(2) may grant such other equitable relief as it deems
        appropriate;
            ``(3) may award damages pursuant to subsection (c);
            ``(4) may allow the recovery of costs by or against any
        party other than the United States or an officer thereof; and
            ``(5) may award a reasonable attorney's fee to the
        prevailing party.
    ``(c) Award of Damages.--
            ``(1) In general.--If the court finds that a violation of
        section 1201(a) or 1202 has occurred, the complaining party may
        elect either actual damages as computed under paragraph (2) or
        statutory damages as computed under paragraph (3).
            ``(2) Actual damages.--The court may award to the
        complaining party the actual damages suffered by him or her as
        a result of the violation, and any profits of the violator that
        are attributable to the violation and are not taken into
        account in computing the actual damages, if the complaining
        party elects such damages instead of statutory damages at any
        time before final judgment is entered.
            ``(3) Statutory damages.--(A) The court may award to the
        complaining party statutory damages for each violation of
        section 1201(a) of not less than $250 or more than $2,500, as
        the court considers just, if the complaining party elects such
        damages instead of actual damages at any time before final
        judgment is entered.
            ``(B) The court may award to the complaining party
        statutory damages for each violation of section 1202 of not
        less than $500 or more than $20,000, as the court considers
        just, if the complaining party elects such damages instead of
        actual damages at any time before final judgment is entered.
            ``(4) Repeated violations.--In any case in which the court
        finds that a person has violated section 1201(a) or 1202 within
        three years after a final judgment against that person for
        another such violation was entered, the court may increase the
        award of damaages to not more than double the amount that would
        otherwise be awarded under paragraph (2) or (3), as the court
        considers just.
            ``(5) Innocent violation.--The court may reduce or remit
        altogether the total award of damages that otherwise would be
        awarded under paragraph (2) or (3) in any case in which the
        violator sustains the burden of proving, and the court finds,
        that the violator was not aware and had no reason to believe
        that its acts constituted a violation of section 1201(a) or
        1202.''.

SEC. 9. CONFORMING AMENDMENTS.

    ``(a) Table of Sections.--The table of sections for chapter 1 of
title 17, United States Code, is amended by--
            (1) Revising the item relating to section 110 to read as
        follows:

``110. Limitations on exclusive rights: Exemption of certain
                            activities'';
            and
            (2) Revising the item relating to section 117 to read as
        follows:

``117. Limitations on exclusive rights: computer programs and digital
                            copies''.
    ``(b) Table of Chapters.--The table of chapters for title 17,
United States Code, is amended by adding at the end the following:

        ``12. Copyright Protection and Management Systems...... 1201''.

SEC. 10. EFFECTIVE DATES.

    ``(a) In General.--Sections one through seven and section 9(a) of
this Act, and the amendments made by sections one through seven and
section 9(a) of this Act, shall take effect on the date of enactment of
this Act.
    ``(b) WIPO Treaties.--Section 8 and section 9(b) of this Act, and
the amendments made by section 8 and section 9(b) of this Act, shall
take effect on the date on which both the World Intellectual Property
Organization Copyright Treaty and the World Intellectual Property
Organization Performances and Phonograms Treaty have entered into force
with respect to the United States.

Summary: Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities. And (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material. Or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines copyright management information as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.

Digital Era Copyright Enhancement Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rocky Flats Environmental Technology
Site Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covenant not to sue.--The term ``covenant not to sue''
        means--
                    (A) a covenant not to sue under section 122(f) of
                the Comprehensive Environmental Response, Compensation,
                and Liability Act of 1980 (42 U.S.C. 9622(f)); and
                    (B) any similar covenant by the State of Colorado.
            (2) Essential mineral right.--
                    (A) In general.--The term ``essential mineral
                right'' means a right to a mineral identified as
                necessary to transition Rocky Flats to a National
                Wildlife Refuge by--
                            (i) the Secretary; and
                            (ii) the Secretary of the Interior.
                    (B) Inclusion.--The term ``essential mineral
                right'' may include a right to a mineral referred to in
                section VIII(A) of the draft memorandum of
                understanding between the Department of the Interior
                and the Department of Energy, dated March 22, 2005 (70
                Fed. Reg. 14455).
            (3) Fair market value.--The term ``fair market value''
        means the value of a mineral right, as determined by an
        appraisal performed by an independent, certified mineral
        appraiser under the Uniform Standards of Professional Appraisal
        Practice.
            (4) Natural resource damage liability.--The term ``natural
        resource damage liability'' means natural resource damage
        liability under section 107(a)(4)(C) of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9607(a)(4)(C)).
            (5) Rocky flats.--The term ``Rocky Flats'' means the
        Department of Energy facility in the State of Colorado known as
        the ``Rocky Flats Environmental Technology Site''.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (7) Trustees.--The term ``Trustees'' means the Federal and
        State officials designated as trustees under section 107(f)(2)
        of the Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9607(f)(2)).

SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

    (a) Purchase of Essential Mineral Rights.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall use amounts made
        available under subsection (b) to purchase essential mineral
        rights at Rocky Flats.
            (2) Conditions.--The Secretary shall not purchase an
        essential mineral right under paragraph (1) unless--
                    (A) the owner of the essential mineral right is a
                willing seller;
                    (B) the Secretary purchases the essential mineral
                right at fair market value; and
                    (C)(i) the Trustees enter into a natural resources
                damage settlement providing that the purchase of
                essential mineral rights satisfies any existing or
                potential natural resource damage liability claim
                arising from releases of hazardous substances
                identified in the administrative record for the site as
                of the date of enactment of this Act; and
                    (ii) the settlement includes a covenant not to sue.
            (3) Limitation.--The Secretary shall purchase essential
        mineral rights under paragraph (1) and satisfy any obligation
        of the Secretary under a settlement of a natural resource
        damage claim at Rocky Flats under section 122(f) of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made
        available under subsection (b).
            (4) Unwilling sellers.--If an owner of an essential mineral
        right refuses to sell the right to the Secretary at fair market
        value, the Secretary may satisfy any natural resource damage
        liability obligation of the Secretary to the Trustees by paying
        to the Trustees an amount equal to the fair market value of the
        essential mineral right owned by the unwilling seller as part
        of a settlement of a natural resource damage claim under
        section 122(f) of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)).
            (5) Release from liability.--Notwithstanding any other law,
        any claim for damage to a natural resource under section 107(f)
        of the Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered
        to be satisfied by--
                    (A) a purchase by the Secretary of an essential
                mineral right under paragraph (1); or
                    (B) a payment by the Secretary to the Trustees
                under paragraph (4).
            (6) Exemption from national environmental policy act.--A
        purchase of an essential mineral right under this subsection
        shall be exempt from the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.).
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2006.

Summary: Rocky Flats Environmental Technology Site Act of 2005 - Instructs the Secretary of Energy to purchase essential mineral rights at the Department of Energy facility, Colorado, known as the Rocky Flats Environmental Technology Site. Includes among conditions for such purchase that certain federal and state officials designated as trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of certain hazardous substances. Requires the settlement to include a covenant not to sue.

A bill to authorize the Secretary of Energy to purchase certain essential mineral rights as part of a comprehensive natural resource damage settlement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bright Idea Act of 2007''.

SEC. 2. TECHNICAL STANDARDS FOR GENERAL SERVICE LAMPS.

    (a) In General.--
            (1) Establishment of standards.--As soon as practicable
        after the date of enactment of this Act, the Secretary of
        Energy shall initiate a project to establish technical
        standards for general service lamps.
            (2) Consultation with interested parties.--In carrying out
        the project, the Secretary shall consult with representatives
        of environmental organizations, labor organizations, general
        service lamp manufacturers, consumer organizations, and other
        interested parties.
            (3) Minimum initial standards; deadline.--The initial
        technical standards established shall be standards that enable
        those general service lamps to provide levels of illumination
        equivalent to the levels of illumination provided by general
        service lamps generally available in 2007, but with--
                    (A) a lumens per watt rating of not less than 30 by
                calendar year 2013; and
                    (B) a lumens per watt rating of not less than 45 by
                calendar year 2018.
    (b) Manufacture and Distribution in Interstate Commerce.--If the
Secretary of Energy, after consultation with the interested parties
described in subsection (a)(2), determines that general service lamps
meeting the standards established under subsection (a) are generally
available for purchase throughout the United States at costs that are
substantially equivalent (taking into account useful life, lifecycle
costs, domestic manufacturing capabilities, energy consumption, and
such other factors as the Secretary deems appropriate) to the cost of
the general service lamps they would replace, then the Secretary shall
take such action as may be necessary to require that at least 95
percent of general service lamps sold, offered for sale, or otherwise
made available in the United States meet the standards established
under subsection (a), except for those general service lamps described
in subsection (c).
    (c) Exception.--The standards established by the Secretary under
subsection (a) shall not apply to general service lamps used in
applications in which compliance with those standards is not feasible,
as determined by the Secretary.
    (d) Revised Standards.--After the initial standards are established
under subsection (a), the Secretary shall consult periodically with the
interested parties described in subsection (a)(2) with respect to
whether those standards should be changed. The Secretary may change the
standards, and the dates and percentage of lamps to which the changed
standards apply under subsection (b), if after such consultation the
Secretary determines that such changes are appropriate.
    (e) Report.--The Secretary shall submit reports periodically to the
Senate Committee on Commerce, Science, and Technology, the Senate
Committee on Energy and Natural Resources, and the House of
Representatives Committee on Energy and Commerce with respect to the
development and promulgation of standards for lamps and lamp-related
technology, such as switches, dimmers, ballast, and non-general service
lighting, that includes the Secretary's findings and recommendations
with respect to such standards.

SEC. 3. RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary of Energy may carry out a lighting
technology research and development program--
            (1) to support the research, development, demonstration,
        and commercial application of lamps and related technologies
        sold, offered for sale, or otherwise made available in the
        United States; and
            (2) to assist manufacturers of general service lamps in the
        manufacturing of general service lamps that, at a minimum,
        achieve the lumens per watt ratings described in section 2(a).
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2008 through 2013.
    (c) Sunset.--The program under this section shall terminate on
September 30, 2015.

SEC. 4. CONSUMER EDUCATION PROGRAM.

    (a) In General.--The Secretary of Energy, in consultation with the
Commissioner of the Federal Trade Commission, shall carry out a
comprehensive national program to educate consumers about the benefits
of using light bulbs that have improved efficiency ratings.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2008 through 2014.

SEC. 5. REPORT ON MERCURY USE AND RELEASE.

    Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy, in cooperation with the Administrator of the
Environmental Protection Agency, shall submit to Congress a report
describing recommendations relating to the means by which the Federal
Government may reduce or prevent the release of mercury during the
manufacture, transportation, storage, or disposal of light bulbs.

SEC. 6. REPORT ON LAMP LABELING.

    Not later than 1 year after the date of enactment of this Act, the
Commissioner of the Federal Trade Commission, in cooperation with the
Administrator of the Environmental Protection Agency and the Secretary
of Energy, shall submit to Congress a report describing current lamp
labeling practices by lamp manufacturers and recommendations for a
national labeling standard.

Summary: Bright Idea Act of 2007 - Directs the Secretary of Energy to establish technical standards for general service lamps that provide levels of illumination equivalent to those provided by lamps generally available in 2007, but with a lumens per watt rating of at least: (1) 30 by calendar 2013. And (2) 45 by calendar 2018. Authorizes the Secretary to: (1) carry out a lighting technology research and development program regarding lamps and related technologies made available in the United States. And (2) assist manufacturers in the manufacturing of general service lamps that achieve the lumens per watt ratings prescribed by this Act. Instructs the Secretary to: (1) implement a national program consumer education program about the benefits of using light bulbs with improved efficiency ratings. And (2) report to Congress recommendations regarding the means by which the federal government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs. Directs the Commissioner sic of the Federal Trade Commission (FTC) to report to Congress regarding current lamp labeling practices by lamp manufacturers, with recommendations for a national labeling standard.

A bill to direct the Secretary of Energy to develop standards for general service lamps that will operate more efficiently and assist in reducing costs to consumers, business concerns, government entities, and other users, to require that general service lamps and related products manufactured or sold in interstate commerce after 2013 meet those standards, and for other purposes.


SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Enhancement Act''.
    (b) Reference.--Whenever in sections 2, 3, and 5 an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Family and Medical Leave
Act of 1993.

SEC. 2. ELIGIBLE EMPLOYEE.

    Section 101(2)(B)(ii) (29 U.S.C. 2611(2)(B)(ii)) is amended by
striking ``50'' each place it occurs and inserting ``25''.

SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT.

    (a) Leave Requirement.--Section 102(a) (29 U.S.C. 2612(a)) is
amended by adding at the end the following:
            ``(3) Entitlement to additional leave for parental
        involvement.--
                    ``(A) In general.--Subject to section 103(f), in
                addition to leave available under paragraph (1), an
                eligible employee shall be entitled to a total of 4
                hours of leave during any 30-day period, and a total of
                24 hours of leave during any 12-month period to
                participate in or attend an activity that--
                            ``(i) is sponsored by a school or community
                        organization; and
                            ``(ii) relates to a program of the school
                        or organization that is attended by a son or
                        daughter of the employee, including a foster
                        child of the employee.
                    ``(B) Definitions.--As used in subparagraph (A):
                            ``(i) School.--The term `school' means an
                        elementary school or secondary school (as such
                        terms are defined in section 14101 of the
                        Elementary and Secondary Education Act of 1965
                        (20 U.S.C. 8801)), a Head Start program
                        assisted under the Head Start Act (42 U.S.C.
                        9831 et seq.), and a child care facility
                        licensed under State law.''.
                            ``(ii) Community organization.--The term
                        `community organization' means a private
                        nonprofit organization that is representative
                        of a community or a significant segment of a
                        community and provides activities for
                        individuals described in subparagraph (A) or
                        (B) of section 101(12), such as a scouting or
                        sports organization.''.
    (b) Schedule.--Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended
by inserting after the second sentence the following: ``Leave under
subsection (a)(3)(A) may be taken intermittently or on a reduced leave
schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2)(A) (29 U.S.C.
2612(d)(2)(A)) is amended by inserting before the period the following:
``, or for leave provided under subsection (a)(3)(A) for any part of
the 24-hour period of such leave under such subsection''.
    (d) Notice.--Section 102(e)(1) (29 U.S.C. 2612(e)(1)) is amended by
adding at the end the following: ``In any case in which an employee
requests leave under subsection (a)(3)(A), the employee shall provide
the employer with not less than 7 days' notice, before the date the
leave is to begin, of the employee's intention to take leave under such
subsection.''.
    (e) Certification.--Section 103 (29 U.S.C. 2613) is amended by
adding at the end the following:
    ``(f) Certification for Parental Involvement Leave.--An employer
may require that a request for leave under section 102(a)(3)(A) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.

SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following:
    ``(3)(A) Subject to section 6383(f), in addition to leave available
under paragraph (1), an employee shall be entitled to a total of 4
hours of leave during any 30-day period, and a total of 24 hours of
leave during any 12-month period to participate in or attend an
activity that--
            ``(i) is sponsored by a school or community organization;
        and
            ``(ii) relates to a program of the school or organization
        that is attended by a son or daughter of the employee,
        including a foster child of the employee.
    ``(B) As used in this paragraph:
            ``(i) The term `school' means an elementary school or
        secondary school (as such terms are defined in section 14101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801)), a Head Start program assisted under the Head Start Act
        (42 U.S.C. 9831 et seq.), and a child care facility licensed
        under State law.''.
            ``(ii) The term `community organization' means a private
        nonprofit organization that is representative of a community or
        a significant segment of a community and provides activities
        for individuals described in subparagraph (A) or (B) of section
        6381(6), such as a scouting or sports organization.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended by
inserting after the second sentence the following: ``Leave under
subsection (a)(3)(A) may be taken intermittently or on a reduced leave
schedule.''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by inserting before ``, except'' the following: ``, or for
leave provided under subsection (a)(3)(A) any of the employee's accrued
or accumulated annual leave under subchapter I for any part of the 24-
hour period of such leave under such subsection''.
    (d) Notice.--Section 6382(e)(1) of such title is amended by adding
at the end the following: ``In any case in which an employee requests
leave under subsection (a)(3)(A), the employee shall provide the
employing agency with not less than 7 days' notice, before the date the
leave is to begin, of the employee's intention to take leave under such
subsection.''.
    (e) Certification.--Section 6383 of such title is amended by adding
at the end the following:
    ``(f) An employing agency may require that a request for leave
under section 6382(a)(3)(A) be supported by a certification issued at
such time and in such manner as the Office of Personnel Management may
by regulation prescribe.''.

SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT.

    Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at
the end the following:
                    ``(E) To meet routine family medical needs,
                including transportation of children for medical and
                dental appointments for annual checkups and
                vaccinations.
                    ``(F) To meet the routine medical care needs of
                elderly individuals who are related to the eligible
                employee, including visits to nursing homes and group
                homes.''.

Summary: Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations. And (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southwest Forest Health and Wildfire
Prevention Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) there is an increasing threat of wildfire to millions of
    acres of forest land and rangeland throughout the United States;
        (2) forest land and rangeland are degraded as a direct
    consequence of land management practices, including practices to
    control and prevent wildfires and the failure to harvest
    subdominant trees from overstocked stands that disrupt the
    occurrence of frequent low-intensity fires that have periodically
    removed flammable undergrowth;
        (3) at least 39,000,000 acres of land of the National Forest
    System in the interior West are at high risk of wildfire;
        (4) an average of 95 percent of the expenditures by the Forest
    Service for wildfire suppression during fiscal years 1990 through
    1994 were made to suppress wildfires in the interior West;
        (5) the number, size, and severity of wildfires in the interior
    West are increasing;
        (6) of the timberland in National Forests in the States of
    Arizona and New Mexico, 59 percent of such land in Arizona, and 56
    percent of such land in New Mexico, has an average diameter of 9 to
    12 inches diameter at breast height;
        (7) the population of the interior West grew twice as fast as
    the national average during the 1990s;
        (8) catastrophic wildfires--
            (A) endanger homes and communities;
            (B) damage and destroy watersheds and soils; and
            (C) pose a serious threat to the habitat of threatened and
        endangered species;
        (9) a 1994 assessment of forest health in the interior West
    estimated that only a 15- to 30-year window of opportunity exists
    for effective management intervention before damage from
    uncontrollable wildfire becomes widespread, with 8 years having
    already elapsed since the assessment;
        (10) healthy forest and woodland ecosystems--
            (A) reduce the risk of wildfire to forests and communities;
            (B) improve wildlife habitat and biodiversity;
            (C) increase tree, grass, forb, and shrub productivity;
            (D) enhance watershed values;
            (E) improve the environment; and
            (F) provide a basis in some areas for economically and
        environmentally sustainable uses;
        (11) sustaining the long-term ecological and economic health of
    interior West forests and woodland, and their associated human
    communities requires preventing severe wildfires before the
    wildfires occur and permitting natural, low-intensity ground fires;
        (12) more natural fire regimes cannot be accomplished without
    the reduction of excess fuels and thinning of subdominant trees
    (which fuels and trees may be of commercial value);
        (13) ecologically based forest and woodland ecosystem
    restoration on a landscape scale will--
            (A) improve long-term community protection;
            (B) minimize the need for wildfire suppression;
            (C) improve resource values;
            (D) improve the ecological integrity and resilience of
        these systems;
            (E) reduce rehabilitation costs;
            (F) reduce loss of critical habitat; and
            (G) protect forests for future generations;
        (14) although landscape scale restoration is needed to
    effectively reverse degradation, scientific understanding of
    landscape scale treatments is limited;
        (15) rigorous, objective, understandable, and applied
    scientific information is needed for--
            (A) the design, implementation, monitoring, and adaptation
        of landscape scale restoration treatments and improvement of
        wildfire management;
            (B) the environmental review process; and
            (C) affected entities that collaborate in the development
        and implementation of wildfire treatment.

SEC. 3. PURPOSES.

    The purposes of this Act are--
        (1) to enhance the capacity to develop, transfer, apply,
    monitor, and regularly update practical science-based forest
    restoration treatments that will reduce the risk of severe
    wildfires, and improve the health of dry forest and woodland
    ecosystems in the interior West;
        (2) to synthesize and adapt scientific findings from
    conventional research programs to the implementation of forest and
    woodland restoration on a landscape scale;
        (3) to facilitate the transfer of interdisciplinary knowledge
    required to understand the socioeconomic and environmental impacts
    of wildfire on ecosystems and landscapes;
        (4) to require the Institutes established under this Act to
    collaborate with Federal agencies--
            (A) to use ecological restoration treatments to reverse
        declining forest health and reduce the risk of severe wildfires
        across the forest landscape; and
            (B) to design, implement, monitor, and regularly revise
        representative wildfire treatments based on the use of adaptive
        ecosystem management;
        (5) to assist land managers in--
            (A) treating acres with restoration-based applications; and
            (B) using new management technologies (including the
        transfer of understandable information, assistance with
        environmental review, and field and classroom training and
        collaboration) to accomplish the goals identified in--
                (i) the National Fire Plan;
                (ii) the report entitled ``Protecting People and
            Sustaining Resources in Fire-Adapted Ecosystems-A Cohesive
            Strategy'' (65 Fed. Reg. 67480); and
                (iii) the report entitled ``10-Year Comprehensive
            Strategy: A Collaborative Approach for Reducing Wildland
            Fire Risks to Communities and the Environment'' of the
            Western Governors' Association;
        (6) to provide technical assistance to collaborative efforts by
    affected entities to develop, implement, and monitor adaptive
    ecosystem management restoration treatments that are ecologically
    sound, economically viable, and socially responsible; and
        (7) to assist Federal and non-Federal land managers in
    providing information to the public on the role of fire and fire
    management in dry forest and woodland ecosystems in the interior
    West.

SEC. 4. DEFINITIONS.

    In this Act:
        (1) Adaptive ecosystem management.--
            (A) Definition.--The term ``adaptive ecosystem management''
        means a natural resource management process under which
        planning, implementation, monitoring, research, evaluation, and
        incorporation of new knowledge are combined into a management
        approach that--
                (i) is based on scientific findings and the needs of
            society;
                (ii) treats management actions as experiments;
                (iii) acknowledges the complexity of these systems and
            scientific uncertainty; and
                (iv) uses the resulting new knowledge to modify future
            management methods and policy.
            (B) Clarification.--This paragraph shall not define the
        term ``adaptive ecosystem management'' for the purposes of the
        Forest and Rangeland Renewable Resources Planning Act of 1974
        (16 U.S.C. 1600 et seq.).
        (2) Affected entities.--The term ``affected entities''
    includes--
            (A) land managers;
            (B) stakeholders;
            (C) concerned citizens; and
            (D) the States of the interior West, including political
        subdivisions of the States.
        (3) Dry forest and woodland ecosystem.--The term ``dry forest
    and woodland ecosystem'' means an ecosystem that is dominated by
    ponderosa pines and associated dry forest and woodland types.
        (4) Institute.--The term ``Institute'' means an Institute
    established under section 5(a).
        (5) Interior west.--The term ``interior West'' means the States
    of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah.
        (6) Land manager.--
            (A) In general.--The term ``land manager'' means a person
        or entity that practices or guides natural resource management.
            (B) Inclusions.--The term ``land manager'' includes a
        Federal, State, local, or tribal land management agency.
        (7) Restoration.--The term ``restoration'' means a process
    undertaken to move an ecosystem or habitat toward--
            (A) a sustainable structure of the ecosystem or habitat; or
            (B) a condition that supports a natural complement of
        species, natural function, or ecological process (such as a
        low-intensity fire).
        (8) Secretary.--The term ``Secretary'' means the Secretary of
    Agriculture, acting through the Chief of the Forest Service.
        (9) Secretaries.--The term ``Secretaries'' means--
            (A) the Secretary of Agriculture, acting through the Chief
        of the Forest Service; and
            (B) the Secretary of the Interior.
        (10) Stakeholder.--The term ``stakeholder'' means any person
    interested in or affected by management of forest or woodland
    ecosystems.
        (11) Subdominant trees.--Are trees that occur underneath the
    canopy or extend into the canopy but are smaller and less vigorous
    than dominant trees.
        (12) Overstocked stands.--Where the number of trees per acre
    exceeds the natural carrying capacity of the site.
        (13) Resilience.--The ability of a system to absorb disturbance
    without being pushed into a different, possibly less desirable
    stable state.

SEC. 5. ESTABLISHMENT OF INSTITUTES.

    (a) In General.--The Secretary, in consultation with the Secretary
of the Interior, shall--
        (1) not later than 180 days after the date of enactment of this
    Act, establish Institutes to promote the use of adaptive ecosystem
    management to reduce the risk of wildfires, and restore the health
    of forest and woodland ecosystems, in the interior West; and
        (2) provide assistance to the Institutes to promote the use of
    collaborative processes and adaptive ecosystem management in
    accordance with paragraph (1).
    (b) Location.--
        (1) Existing institutes.--The Secretary may designate an
    institute in existence on the date of enactment of this Act to
    serve as an Institute established under this Act.
        (2) States.--Of the Institutes established under this Act, the
    Secretary shall establish 1 Institute in each of--
            (A) the State of Arizona, to be located at Northern Arizona
        University;
            (B) the State of New Mexico, to be located at New Mexico
        Highlands University, while engaging the full resources of the
        consortium of universities represented in the Institute of
        Natural Resource Analysis and Management (INRAM); and
            (C) the State of Colorado.
    (c) Duties.--Each Institute shall--
        (1) develop, conduct research on, transfer, promote, and
    monitor restoration-based hazardous fuel reduction treatments to
    reduce the risk of severe wildfires and improve the health of dry
    forest and woodland ecosystems in the interior West;
        (2) synthesize and adapt scientific findings from conventional
    research to implement restoration-based hazardous fuel reduction
    treatments on a landscape scale using an adaptive ecosystem
    management framework;
        (3) translate for and transfer to affected entities any
    scientific and interdisciplinary knowledge about restoration-based
    hazardous fuel reduction treatments;
        (4) assist affected entities with the design of adaptive
    management approaches (including monitoring) for the implementation
    of restoration-based hazardous fuel reduction treatments; and
        (5) provide peer-reviewed annual reports.
    (d) Qualifications.--Each Institute shall--
        (1) develop and demonstrate capabilities in the natural,
    physical, social, and policy sciences; and
        (2) explicitly integrate those disciplines in the performance
    of the duties listed in subsection (c).
    (e) Cooperation.--Each Institute may cooperate with--
        (1) researchers and cooperative extension programs at colleges,
    community colleges, and universities in the States of Arizona, New
    Mexico, and Colorado that have a demonstrated capability to conduct
    research described in subsection (c); and
        (2) other organizations and entities in the interior West (such
    as the Western Governors' Association).
    (f) Annual Work Plans.--As a condition of the receipt of funds made
available under this Act, for each fiscal year, each Institute shall
develop in consultation with the Secretary, for review by the
Secretary, in consultation with the Secretary of the Interior, an
annual work plan that includes assurances, satisfactory to the
Secretaries, that the proposed work of the Institute will serve the
informational needs of affected entities.
    (g) Establishment of Additional Institutes.--If after 2 years after
the date of the enactment of this Act, the Secretary finds that the
Institute model established at the locations named in subsection (b)(2)
would be constructive for other interior West States, the Secretary may
establish 1 institute in each of those States.

SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES.

    In carrying out this Act, the Secretary, in consultation with the
Secretary of the Interior--
        (1) to the extent that funds are appropriated for the purpose,
    shall provide financial and technical assistance to the Institutes
    to carry out the duties of the Institutes under section 5;
        (2) shall encourage Federal agencies to use, on a cooperative
    basis, information and expertise provided by the Institutes;
        (3) shall encourage cooperation and coordination between
    Federal programs relating to--
            (A) ecological restoration;
            (B) wildfire risk reduction; and
            (C) wildfire management technologies;
        (4) notwithstanding chapter 63 of title 31, United States Code,
    may--
            (A) enter into contracts, cooperative agreements, and
        interagency personnel agreements to carry out this Act; and
            (B) carry out other transactions under this Act;
        (5) may accept funds from other Federal agencies to supplement
    or fully fund grants made, and contracts entered into, by the
    Secretaries;
        (6) may support a program of internships for qualified
    individuals at the undergraduate and graduate levels to carry out
    the educational and training objectives of this Act;
        (7) shall encourage professional education and public
    information activities relating to the purposes of this Act; and
        (8) may promulgate such regulations as the Secretaries
    determine are necessary to carry out this Act.

SEC. 7. MONITORING AND EVALUATION.

    (a) In General.--Not later than 5 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary, in
consultation with the Secretary of the Interior, shall complete and
submit to the Committee on Resources and the Committee on Agriculture
of the House of Representatives and to the Committee on Energy and
Natural Resources of the Senate a detailed evaluation of the programs
and activities of each Institute--
        (1) to ensure, to the maximum extent practicable, that the
    research, communication tools, and information transfer activities
    of each Institute are sufficient to achieve the purposes of this
    Act, including--
            (A) implementing active adaptive ecosystem management
        practices at the landscape level;
            (B) reducing unnecessary planning costs;
            (C) avoiding duplicative and conflicting efforts;
            (D) increasing public acceptance of active adaptive
        ecosystem management practices; and
            (E) achieving general satisfaction on the part of affected
        entities;
        (2) to determine the extent to which each Institute has
    implemented its duties under section 5(c); and
        (3) to determine whether continued provision of Federal
    assistance to each Institute is warranted.
    (b) Termination of Assistance.--If, as a result of an evaluation
under subsection (a), the Secretary, in consultation with the Secretary
of the Interior, determines that an Institute does not qualify for
further Federal assistance under this Act, the Institute shall receive
no further Federal assistance under this Act until such time as the
qualifications of the Institute are reestablished to the satisfaction
of the Secretaries.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $15,000,000 for each fiscal year.
    (b) Limitation.--No funds made available under subsection (a) shall
be used to pay the costs of constructing any facilities.

                               Speaker of the House of Representatives.

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

Summary: Southwest Forest Health and Wildfire Prevention Act of 2004 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to: (1) establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems in the interior West. And (2) assist the Institutes in promoting the use of collaborative processes and adaptive ecosystems management. Requires, initially, the establishment of three Institutes, with: (1) one in Arizona, at Northern Arizona University. (2) one in New Mexico, at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management. And (3) one in Colorado. Defines the term adaptive ecosystem management to mean a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that: (1) is based on scientific findings and the needs of society, (2) treats management actions as experiments, (3) acknowledges the complexity of these systems and scientific uncertainty. And (4) uses the resulting new knowledge to modify future management methods and policy. Prohibits the definition of such term for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974. Requires each Institute to: (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West. (2) synthesize and adapt scientific findings from conventional research to implement such fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework. (3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about such fuel reduction treatments. (4) assist affected entities with the design of adaptive management approaches for the implementation of such fuel reduction treatments. And (5) provide peer-reviewed annual reports. Requires each Institute to: (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences, and explicitly integrate those disciplines in the performance of such duties. And (2) develop an annual work plan for review by the Secretary. Authorizes the Secretary to establish one institute in each of the other interior West States, if after two years, the Secretary finds that the Institute model would be constructive for those States. Provides for cooperation between the Institutes and Federal programs. Encourages cooperation and coordination between Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies. Requires the Secretary to evaluate and report to specified congressional committees every five years on the programs and activities of each Institute. Authorizes appropriations.

To establish Institutes to demonstrate and promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Gambling Prohibition Act of
1997''.

SEC. 2. DEFINITIONS.

    Section 1081 of title 18, United States Code, is amended--
            (1) in the matter immediately following the colon, by
        designating the first 5 undesignated paragraphs as paragraphs
        (1) through (5), respectively, and moving the indentation of
        each paragraph 2 ems to the right;
            (2) in paragraph (5), as so designated--
                    (A) by striking ``wire communication'' and
                inserting ``communication'';
                    (B) by striking ``transmission of writings'' and
                inserting ``transmission or receipt of data,
                writings''; and
                    (C) by striking ``or other like'' and all that
                follows before the period and inserting ``radio,
                electromagnetic, photo-optical, photoelectric, or other
                similar facility''; and
            (3) by adding at the end the following:
            ``(6) Bets or wagers.--The term `bets or wagers'--
                    ``(A) means the staking or risking by any person of
                something of value (other than in a de minimis amount,
                such as postage, filling out a form or survey, or
                visits to a place where no charge is made for such
                visits) upon the outcome of a contest of chance or a
                future contingent event which contest or event is
                predominantly subject to pure chance, upon an agreement
                or understanding that the person or another person will
                receive something of greater value than the amount
                staked or risked in the event of a certain outcome;
                    ``(B) includes--
                            ``(i) the purchase of a chance or
                        opportunity to win a lottery or other prize if
                        the opportunity to win is subject to pure
                        chance and the purchase requires a
                        consideration that is not in a de minimis
                        amount as described in subparagraph (A) and
                            ``(ii) information that is intended by the
                        sender to be used by a person engaged in the
                        business of betting or wagering to accept or
                        place a bet or wager; and
                    ``(C) does not include--
                            ``(i) a bona fide business transaction
                        governed by the securities laws (as that term
                        is defined in section 3(a)(47) of the
                        Securities Exchange Act of 1934 (15 U.S.C.
                        78c(a)(47))) for the purchase or sale at a
                        future date of securities (as that term is
                        defined in section 3(a)(10) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
                            ``(ii) a contract of indemnity or
                        guarantee; or
                            ``(iii) a contract for life, health, or
                        accident insurance.
            ``(7) Information assisting in the placing of bets or
        wagers.--The term `information assisting in the placing of bets
        or wagers means information that is sent by a person engaged in
        the business of betting or wagering that is necessary in order
        for the recipient to place a bet or wager by means of a
        communication facility being used in interstate or foreign
        commerce.''.

SEC. 3. TRANSMISSION OF WAGERING INFORMATION; PENALTIES.

    (a) In General.--Section 1084 of title 18, United States Code, is
amended by striking subsections (a) through (c) and inserting the
following:
    ``(a) In General.--
            ``(1) Persons engaged in the business of betting or
        wagering.--Whoever, being engaged in the business of betting or
        wagering knowingly uses a communication facility for the
        transmission or receipt in interstate or foreign commerce of
        bets or wagers, information assisting in the placing of bets or
        wagers, or a communication that entitles the transmitter or
        receiver to the opportunity to receive money or credit as a
        result of bets or wagers made using a communication facility in
        interstate or foreign commerce, shall be fined under this title
        or imprisoned not more than 4 years, or both.
            ``(2) Other persons.--Whoever (other than a person
        described in paragraph (1)) knowingly uses a communication
        facility for the transmission or receipt in interstate or
        foreign commerce of bets or wagers, information assisting in
        the placing of bets or wagers, or a communication that entitles
        the transmitter or receiver to the opportunity to receive money
        or credit as a result of bets or wagers, shall be fined under
        this title or imprisoned not more than 6 months, or both.
    ``(b) Exceptions.--
            ``(1) News reporting; legal bets and wagers.--Nothing in
        this section shall be construed to prohibit the transmission or
        receipt in interstate or foreign commerce of any information--
                    ``(A) for use in the news reporting of any
                activity, event, or contest upon which bets or wagers
                are based;
                    ``(B) assisting in the placing of bets or wagers,
                if betting or wagering on such activity, event, or
                contest--
                            ``(i) is not illegal in the State or
                        foreign country in which the transmission
                        originates; and
                            ``(ii) is not illegal in each State and
                        each foreign country in which the sender
                        intends the transmission to be received for the
                        purposes of betting or wagering; or
                    ``(C) advertising, promotion, or other
                communication by, or authorized by, anyone licensed to
                operate a gambling business in a State in which such
                business is lawful and in which the recipient of the
                information must be physically present at the licensed
                business establishment in order to place a bet or wager
                or engage in a contest which is conducted at such
                establishment.
            ``(2) State law.--Nothing in this section shall be
        construed to preempt any State law.''.
    (b) Duties of Common Carriers and Interactive Computer Service
Providers.--Subsection (d) of section 1084 of title 18, United States
Code, is amended--
            (1) by striking ``(d) When'' and inserting the following:
    ``(c) Duties of Common Carriers and Interactive Computer Service
Providers.--
            ``(1) In general.--If'';
            (2) by inserting ``or interactive computer service
        provider'' after ``common carrier'' each place that term
        appears;
            (3) by striking ``Nothing'' and inserting the following:
            ``(3) Judicial action.--Nothing''; and
            (4) by inserting after paragraph (1), as amended by
        subparagraph (1), the following:
            ``(2) Injunctive relief.--Any State or local law
        enforcement agency acting within its jurisdiction, may,
        following the issuance of a notice under paragraph (1), in a
        civil action, obtain an injunction or other appropriate relief
        preventing the use of such facility for the purpose of
        transmitting or receiving gambling information in interstate or
        foreign commerce in violation of State or local law.''.
    (c) Stylistic Amendment.--Section 1084(e) of title 18, United
States Code, is amended by inserting ``.--Definition''.

SEC. 4. SENSE OF THE CONGRESS.

    It is the sense of the Congress that the Federal Government should
have extraterritorial jurisdiction over the transmission to or receipt
from the United States of--
            (1) bets or wagers (as that term is defined in section 1081
        of title 18, United States Code);
            (2) information assisting in the placing of bets or wagers;
        and
            (3) any communication that entitles the transmitter or
        recipient to the opportunity to receive money or credit as a
        result of bets or wagers.

SEC. 5. REPORT.

    Not later than one year after the date of enactment of this Act,
the Attorney General shall submit a report to Congress that includes--
            (1) an analysis of the problems, if any, associated with
        enforcing section 1084 of title 18, United States Code, as
        amended by this Act; and
            (2) recommendations for the best use of the resources of
        the Department of Justice to enforce that section.

Summary: Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions. Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers. Expresses the sense of the Congress that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers. Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations.