TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

    (a) Limitation on Remedies.--Chapter 5 of title 17, United States 
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
    ``(a) Limitation on Remedies.--
            ``(1) Conditions.--Notwithstanding sections 502 through 
        505, in an action brought under this title for infringement of 
        copyright in a work, the remedies for infringement shall be 
        limited under subsection (b) if the infringer sustains the 
        burden of proving, and the court finds, that--
                    ``(A) before the infringing use of the work began, 
                the infringer, a person acting on behalf of the 
                infringer, or any person jointly and severally liable 
                with the infringer for the infringement of the work--
                            ``(i) performed and documented a reasonably 
                        diligent search in good faith to locate the 
                        owner of the infringed copyright; but
                            ``(ii) was unable to locate the owner; and
                    ``(B) the infringing use of the work provided 
                attribution, in a manner reasonable under the 
                circumstances, to the author and owner of the 
                copyright, if known with a reasonable degree of 
                certainty based on information obtained in performing 
                the reasonably diligent search.
            ``(2) Definitions; requirements for searches.--
                    ``(A) Owner of infringed copyright.--For purposes 
                of paragraph (1), the `owner' of an infringed copyright 
                in a work is the legal or beneficial owner of, or any 
                party with authority to grant or license, an exclusive 
                right under section 106 applicable to the infringement.
                    ``(B) Requirements for reasonably diligent 
                search.--(i) For purposes of paragraph (1), a search to 
                locate the owner of an infringed copyright in a work--
                            ``(I) is `reasonably diligent' only if it 
                        includes steps that are reasonable under the 
                        circumstances to locate that owner in order to 
                        obtain permission for the use of the work; and
                            ``(II) is not `reasonably diligent' solely 
                        by reference to the lack of identifying 
                        information with respect to the copyright on 
                        the copy or phonorecord of the work.
                    ``(ii) The steps referred to in clause (i)(I) shall 
                ordinarily include, at a minimum, review of the 
                information maintained by the Register of Copyrights 
                under subparagraph (C).
                    ``(iii) A reasonably diligent search includes the 
                use of reasonably available expert assistance and 
                reasonably available technology, which may include, if 
                reasonable under the circumstances, resources for which 
                a charge or subscription fee is imposed.
                    ``(C) Information to guide searches.--The Register 
                of Copyrights shall receive, maintain, and make 
                available to the public, including through the 
                Internet, information from authoritative sources, such 
                as industry guidelines, statements of best practices, 
                and other relevant documents, that is designed to 
                assist users in conducting and documenting a reasonably 
                diligent search under this subsection. Such information 
                may include--
                            ``(i) the records of the Copyright Office 
                        that are relevant to identifying and locating 
                        copyright owners;
                            ``(ii) other sources of copyright ownership 
                        information reasonably available to users;
                            ``(iii) methods to identify copyright 
                        ownership information associated with a work;
                            ``(iv) sources of reasonably available 
                        technology tools and reasonably available 
                        expert assistance; and
                            ``(v) best practices for documenting a 
                        reasonably diligent search.
    ``(b) Limitations on Remedies.--The limitations on remedies in a 
case to which subsection (a) applies are the following:
            ``(1) Monetary relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                an award for monetary relief (including actual damages, 
                statutory damages, costs, and attorney's fees) may not 
                be made, other than an order requiring the infringer to 
                pay reasonable compensation for the use of the 
                infringed work.
                    ``(B) Exceptions.--(i) An order requiring the 
                infringer to pay reasonable compensation for the use of 
                the infringed work may not be made under subparagraph 
                (A) if--
                            ``(I) the infringement is performed without 
                        any purpose of direct or indirect commercial 
                        advantage and primarily for a charitable, 
                        religious, scholarly, or educational purpose, 
                        and
                            ``(II) the infringer ceases the 
                        infringement expeditiously after receiving 
                        notice of the claim for infringement,
                unless the copyright owner proves, and the court finds, 
                that the infringer has earned proceeds directly 
                attributable to the infringement.
                    ``(ii) If the infringer fails to negotiate in good 
                faith with the owner of the infringed work regarding 
                the amount of reasonable compensation for the use of 
                the infringed work, the court may award full costs, 
                including a reasonable attorney's fee, against the 
                infringer under section 505, subject to section 412.
            ``(2) Injunctive relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                the court may impose injunctive relief to prevent or 
                restrain the infringing use, except that, if the 
                infringer has met the requirements of subsection (a), 
                the relief shall, to the extent practicable, account 
                for any harm that the relief would cause the infringer 
                due to its reliance on having performed a reasonably 
                diligent search under subsection (a).
                    ``(B) Special rule for new works.--In a case in 
                which the infringer recasts, transforms, adapts, or 
                integrates the infringed work with the infringer's 
                original expression in a new work of authorship, the 
                court may not, in granting injunctive relief, restrain 
                the infringer's continued preparation or use of that 
                new work, if the infringer--
                            ``(i) pays reasonable compensation to the 
                        owner of the infringed copyright for the use of 
                        the infringed work; and
                            ``(ii) provides attribution to the owner of 
                        the infringed copyright in a manner that the 
                        court determines is reasonable under the 
                        circumstances.
                    ``(C) Treatment of parties not subject to suit.--
                The limitations on remedies under this paragraph shall 
                not be available to an infringer that asserts in an 
                action under section 501(b) that neither it nor its 
                representative acting in an official capacity is 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504, 
                unless the court finds that such infringer has-- 
                            ``(i) complied with the requirements of 
                        subsection (a) of this section;
                            ``(ii) made a good faith offer of 
                        compensation that was rejected by the copyright 
                        owner; and
                            ``(iii) affirmed in writing its willingness 
                        to pay such compensation to the copyright owner 
                        upon the determination by the court that such 
                        compensation was reasonable under paragraph (3) 
                        of this subsection.
                    ``(D) Construction.--Nothing in subparagraph (C) 
                shall be deemed to authorize or require, and no action 
                taken pursuant to subparagraph (C) shall be deemed to 
                constitute, an award of damages by the court against 
                the infringer.
                    ``(E) Rights and privileges not waived.--No action 
                taken by an infringer pursuant to subparagraph (C) 
                shall be deemed to waive any right or privilege that, 
                as a matter of law, protects such infringer from being 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504.
            ``(3) Reasonable compensation.--In establishing reasonable 
        compensation under paragraph (1) or (2), the owner of the 
        infringed copyright has the burden of establishing the amount 
        on which a reasonable willing buyer and a reasonable willing 
        seller in the positions of the owner and the infringer would 
        have agreed with respect to the infringing use of the work 
        immediately before the infringement began.
    ``(c) Preservation of Other Rights, Limitations, and Defense.--This 
section does not affect any right, limitation, or defense to copyright 
infringement, including fair use, under this title. If another 
provision of this title provides for a statutory license when the 
copyright owner cannot be located, that provision applies in lieu of 
this section.
    ``(d) Copyright for Derivative Works.--Notwithstanding section 
103(a), the infringing use of a work in accordance with this section 
shall not limit or affect the copyright protection for a work that uses 
the infringed work.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following new item:

``514. Limitation on remedies in cases involving orphan works''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

    The Register of Copyrights shall, not later than December 12, 2014, 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate on the 
implementation and effects of the amendments made by section 2, 
including any recommendations for legislative changes that the Register 
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

    (a) In General.--The Register of Copyrights shall conduct an 
inquiry with respect to remedies for copyright infringement claims 
seeking limited amounts of monetary relief, including consideration of 
alternatives to disputes currently heard in the United States district 
courts. The inquiry shall cover infringement claims to which section 
514 of title 17, United States Code (as added by section 2 of this 
Act), apply, and other infringement claims under title 17, United 
States Code.
    (b) Procedures.--The Register of Copyrights shall publish notice of 
the inquiry under subsection (a), providing a period during which 
interested persons may submit comments on the inquiry, and an 
opportunity for interested persons to participate in public roundtables 
on the inquiry. The Register shall hold the public roundtables at such 
times as the Register considers appropriate.
    (c) Report to Congress.--The Register of Copyrights shall, not 
later than 1 year after the date of the enactment of this Act, prepare 
and submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report on the inquiry conducted under this section, including such 
recommendations that the Register considers appropriate.

SOLUTION: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Columbia River Habitat Protection 
and Recreational Access Act of 1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The 51-mile stretch of the Columbia River, known as the 
        ``Hanford Reach'', provides 80 percent of the fall Chinook 
        salmon in the river system, critical habitat for wildlife, a 
        high-quality waterfowl sanctuary, as well as numerous scenic, 
        historic, and recreational opportunities for the public.
            (2) In 1996 Congress, through Public Law 104-333, 
        prohibited damming, dredging, channeling, or other such 
        activities along the Hanford Reach in order to help preserve 
        and protect the unique environmental benefits of the region.
            (3) The lands surrounding the Hanford Reach area of the 
        Columbia River, Washington, should be properly managed in order 
        to protect plant, fish, wildlife, cultural, recreational, and 
        scenic resources, while preserving access to these lands.
            (4) Recognizing the unique and pristine values of the area, 
        local citizens in cooperation with Federal and State 
        authorities have developed a comprehensive protection plan 
        which has enhanced salmon habitat along the Hanford Reach. This 
        plan, known as the Vernita Bar Agreement, has preserved the 
        free flowing, riparian character of the Hanford Reach, and 
        serves as a blueprint for further successful management along 
        the Columbia River.
            (5) Although dozens of local, State, and Federal 
        environmental protection and management laws and regulations 
        exist for the Hanford Reach, management efforts can be better 
        integrated and can lead to more efficient use of public 
        resources and improved habitat and recreation management.
            (6) Several of the areas adjacent to the Hanford Reach of 
        the Columbia River, including lands known as the Wahluke Slope, 
        currently owned by the United States, have been extensively 
        studied and reviewed through environmental impact statements 
        and have been declared environmentally sound and certified 
        suitable for conveyance.
            (7) Inasmuch as Federal financial resources are 
        constrained, joint partnerships among Federal, State, and local 
        entities can provide long-term habitat and wildlife management, 
        maintain recreational opportunities, and develop a responsible 
        and environmentally sound local land use plan for the region.
            (8) The people and the governments of Benton, Franklin, 
        Grant, and Adams Counties desire to enter into such a 
        partnership with the State of Washington and the United States 
        to ensure the continued protection of plant, fish, wildlife, 
        cultural, recreational, and scenic resources on the lands 
        surrounding the Hanford Reach.
            (9) Such a cooperative partnership will provide a forum for 
        public input from the entire region and ensure the long-term 
        protection of the river as wild, scenic, and accessible.
            (10) Congress recommends the formation of a commission, of 
        which a majority of the members of such a commission represent 
        the local entities, to ensure that the above goals are achieved 
        and to maintain maximum involvement by the citizens of Benton, 
        Franklin, Grant, and Adams Counties.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of Energy;
            (2) the term ``Hanford Works'' means the property 
        represented as ``Department of Energy'' under the Land Status 
        Legend on the Bureau of Land Management topographic map of 
        Priest Rapids, Washington, Edition-1991; and
            (3) the term ``Commission'' means the Hanford Reach 
        Protection and Management Commission.

SEC. 4. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.

    (a) Authority.--As soon as practicable after the date of the 
enactment of this Act, the Secretary for no consideration shall convey 
to the governmental entities referred to in subsection (b) all right, 
title, and interest of the United States in and to the properties 
described in subsection (b).
    (b) Conveyances.--
            (1) State of washington.--The Secretary shall convey to the 
        State of Washington the property that consists of the portion 
        of the Hanford Works that runs along both banks of the Columbia 
        River and lies within the one quarter mile to the north of the 
        mean high water mark on the north bank of the Columbia River, 
        and that lies within the one quarter mile to the south of the 
        mean high water mark on the south bank of the Columbia River.
            (2) Adams county, washington.--The Secretary shall convey 
        to Adams County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Adams County, 
        Washington.
            (3) Grant county, washington.--The Secretary shall convey 
        to Grant County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Grant County, 
        Washington, to the north of the Columbia River and that is not 
        part of the conveyance made pursuant to paragraph (1) of this 
        subsection.
            (4) Franklin county, washington.--The Secretary shall 
        convey to Franklin County, Washington, the property that 
        consists of the portion of Hanford Works that lies within 
        Franklin County, Washington, to the north of the Columbia River 
        and that is not part of the conveyance made pursuant to 
        paragraph (1) of this subsection.
            (5) Additional properties.--In addition to properties 
        described in paragraphs (1) through (4), the Secretary may 
        convey to a State or local government referred to in paragraphs 
        (1) through (4) such property within the Hanford Works as the 
        Secretary and the State or local government agree is 
        appropriate to carry out this Act.

SEC. 5. TERMS AND CONDITIONS.

    (a) Special Rules for State of Washington.--
            (1) Environmental safety.--The conveyance made under 
        section 4(b)(1) shall be made only after the Administrator of 
        the Environmental Protection Agency certifies to the Secretary 
        that--
                    (A) the properties described in section 4(b)(1) are 
                clean of hazardous, toxic, or radioactive materials or 
                substances;
                    (B) all corrective, remedial, or response actions 
                have been completed; and
                    (C) all obligations of the Secretary at the Hanford 
                Nuclear Reservation under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) and other applicable 
                laws have been fulfilled.
            (2) Federal leaseholds.--Any leasehold interest by any 
        agency of the United States on lands described under section 
        4(b) shall terminate upon enactment of this Act, and such 
        interest shall be transferred pursuant to section 4.
            (3) Water rights and utility easements.--The conveyances 
        under section 4 shall be made subject to all existing water 
        rights and all easements and rights of any public and private 
        utility districts which operate and maintain transmission and 
        generation facilities along the lands described under section 
        4.
    (b) Establishment of Hanford Reach Protection and Management 
Commission.--Not later than 6 months after the conveyances under 
section 4(b)(1) are made, the State of Washington shall enter into a 
written joint agreement with the governments of Benton, Franklin, and 
Grant Counties to establish the Hanford Reach Protection and Management 
Commission as follows:
            (1) Membership appointment.--The Commission shall be 
        composed of 7 members. As soon as practicable, but not more 
        than 6 months after the date of the enactment of this Act, the 
        members shall be appointed as follows:
                    (A) One member who shall be a resident of Benton 
                County, appointed by the government of such county.
                    (B) One member who shall be a resident of Franklin 
                County, appointed by the government of such county.
                    (C) One member who shall be a resident of Grant 
                County, appointed by the government of such county.
                    (D) One member who shall be a resident of the State 
                of Washington, appointed by the Governor of the State 
                of Washington.
                    (E) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of Energy.
                    (F) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of the 
                Interior.
                    (G) One member who shall be a resident of any 
                county in the State of Washington through or along 
                which the Columbia River runs, appointed by a majority 
                vote of the other members of the Commission.
            (2) Terms of office.--The length of the terms of office of 
        the members appointed under (1) shall be fixed by each 
        appointing governmental entity at the time of appointment, but 
        no term shall exceed 4 years.
            (3) Vacancy.--Any vacancy that may occur prior to the 
        expiration of a member's term shall be filled for the balance 
        of such term by appointment made by the entity which appointed 
        the vacating member.
            (4) Restriction.--Except as provided herein, no person 
        shall be appointed to the Commission who is an employee, agent, 
        or independent contractor of the United States or any agency 
        thereof.
            (5) Failure to appoint.--In the event a member has not been 
        appointed within 6 months of the establishment of the 
        Commission, any such vacancy shall be filled by joint 
        appointment by the governments of Benton, Franklin, and Grant 
        Counties.
            (6) Establishment of commission authority.--As soon as 
        practicable after the appointment of a majority of the members 
        of the Commission, such members shall be authorized to convene 
        meetings of the Commission and to adopt rules and provisions 
        governing the administration, voting, meeting, terms of 
        service, and finances of the Commission. The first meeting 
        shall be held no later than 1 year from the date of the 
        establishment of the Commission.
            (7) Development of hanford reach protection and management 
        plan.--
                    (A) The primary duty of the Commission shall be to 
                develop and implement a plan to manage the lands 
                conveyed pursuant to section 4(b)(1) to protect and 
                enhance plant resources, fish and wildlife resources, 
                cultural resources, recreational access, and other uses 
                or resources prescribed by the Commission.
                    (B) From the date the conveyances under section 
                4(b)(1) are made until such time as a permanent 
                protection and management plan is approved by the 
                Commission, the lands conveyed pursuant to such section 
                shall be managed under an interim management plan 
                approved by the governments of Benton, Franklin, and 
                Grant Counties, which shall be consistent with the 
                purposes of this Act.
    (c) Nonperformance of State of Washington, Transfer to and 
Management by Counties Authorized.--If the State of Washington does not 
fulfill its obligations under subsection (b), all right, title, and 
interest to the property conveyed pursuant to section 4(b)(1) shall be 
transferred to the counties, with the consent of such counties, in 
which the lands are situated in order to carry out the purposes of this 
Act, and the governments of such counties shall jointly establish the 
Commission pursuant to subsection (b) and to provide for the management 
of the lands conveyed pursuant to section 4(b)(1).
    (d) Reversion and Right To Reenter.--If the State of Washington 
does not fulfill its obligations under subsection (b), and if the 
governments of Benton, Franklin, and Grant Counties do not fulfill 
their obligations under subsection (c), all right, title, and interest 
to the property conveyed pursuant to section 4(b)(1) shall revert to 
the United States and the United States shall have the right of 
immediate entry thereon.
    (e) Use of Federal Resources Authorized.--The Secretary of the 
Interior may enter into agreements with the State of Washington and the 
governmental entities referred to in paragraphs (1) through (4) of 
section 4(b) to allow the utilization of personnel, and the provision 
of technical and financial assistance from the United States Fish and 
Wildlife Service to assist the county governments in the administration 
and management of the lands transferred under this Act.
    (f) Special Rule for Adams County, Grant County, and Franklin 
County.--The properties described under paragraphs (2) through (4) of 
section 4(b) shall be conveyed only after Adams County, Grant County, 
and Franklin County, Washington, have submitted a written report to the 
Secretary of the Interior which shall include--
            (1) a risk analysis of debris slides in the White Bluffs 
        Wasteway;
            (2) any recommendations necessary to address the risk of 
        such slides; and
            (3) a comprehensive land use plan of the Wahluke Slope.

SOLUTION: Columbia River Habitat Protection and Recreational Access Act of 1997 - Directs the Secretary of Energy to convey to the State of Washington and to Adams, Grant, and Franklin counties in Washington specified portions of the Hanford Works, an area of property along the Columbia River in Washington.  Allows such conveyances only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area. 
Directs the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a 51-mile stretch of land along the Columbia River containing fish, wildlife, and other resources). 
Requires Adams, Grant, and Franklin Counties to submit to the Secretary:  (1) a risk analysis of debris slides in the White Bluffs Wasteway; and (2) a comprehensive land use plan of the Wahluke Slope.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau Advisory Opinion Act of 
2016''.

SEC. 2. ADVISORY OPINIONS.

    Section 1022(b) of the Consumer Financial Protection Act of 2010 
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
            ``(5) Advisory opinions.--
                    ``(A) Establishing procedures.--
                            ``(i) In general.--The Director shall 
                        establish a procedure and, as necessary, 
                        promulgate rules to provide written opinions in 
                        response to inquiries concerning the 
                        conformance of specific conduct with Federal 
                        consumer financial law. In establishing the 
                        procedure the Director shall consult with the 
                        prudential regulators and such other Federal 
                        departments and agencies as the Director 
                        determines appropriate, and obtain the views of 
                        all interested persons through a public notice 
                        and comment period.
                            ``(ii) Scope of request.--A request for an 
                        opinion under this paragraph must relate to 
                        specific proposed or prospective conduct by a 
                        covered person contemplating the proposed or 
                        prospective conduct.
                            ``(iii) Submission.--A request for an 
                        opinion under this paragraph may be submitted 
                        to the Director either by or on behalf of a 
                        covered person.
                            ``(iv) Right to withdraw inquiry.--Any 
                        inquiry under this paragraph may be withdrawn 
                        at any time prior to the Director issuing an 
                        opinion in response to such inquiry, and any 
                        opinion based on an inquiry that has been 
                        withdrawn shall have no force or effect.
                    ``(B) Issuance of opinions.--
                            ``(i) In general.--The Director shall, 
                        within 90 days of receiving the request for an 
                        opinion under this paragraph, either--
                                    ``(I) issue an opinion stating 
                                whether the described conduct would 
                                violate Federal consumer financial law;
                                    ``(II) if permissible under clause 
                                (iii), deny the request; or
                                    ``(III) explain why it is not 
                                feasible to issue an opinion.
                            ``(ii) Extension.--Notwithstanding clause 
                        (i), if the Director determines that the Bureau 
                        requires additional time to issue an opinion, 
                        the Director may make a single extension of the 
                        deadline of 90 days or less.
                            ``(iii) Denial of requests.--The Director 
                        shall not issue an opinion, and shall so inform 
                        the requestor, if the request for an opinion--
                                    ``(I) asks a general question of 
                                interpretation;
                                    ``(II) asks about a hypothetical 
                                situation;
                                    ``(III) asks about the conduct of 
                                someone other than the covered person 
                                on whose behalf the request is made;
                                    ``(IV) asks about past conduct that 
                                the covered person on whose behalf the 
                                request is made does not plan to 
                                continue in the future; or
                                    ``(V) fails to provide necessary 
                                supporting information requested by the 
                                Bureau within a reasonable time 
                                established by the Bureau.
                            ``(iv) Amendment and revocation.--An 
                        advisory opinion issued under this paragraph 
                        may be amended or revoked at any time.
                            ``(v) Public disclosure.--An opinion 
                        rendered pursuant to this paragraph shall be 
                        placed in the Bureau's public record 90 days 
                        after the requesting party has received the 
                        advice, subject to any limitations on public 
                        disclosure arising from statutory restrictions, 
                        Bureau regulations, or the public interest. The 
                        Bureau shall redact any personal, confidential, 
                        or identifying information about the covered 
                        person or any other persons mentioned in the 
                        advisory opinion, unless the covered person 
                        consents to such disclosure.
                            ``(vi) Report to congress.--The Bureau 
                        shall, concurrent with the semi-annual report 
                        required under section 1016(b), submit 
                        information regarding the number of requests 
                        for an advisory opinion received, the subject 
                        of each request, the number of requests denied 
                        pursuant to clause (iii), and the time needed 
                        to respond to each request.
                    ``(C) Reliance on opinion.--Any person may rely on 
                an opinion issued by the Director pursuant to this 
                paragraph that has not been amended or withdrawn. No 
                liability under Federal consumer financial law shall 
                attach to conduct consistent with an advisory opinion 
                that had not been amended or withdrawn at the time the 
                conduct was undertaken.
                    ``(D) Confidentiality.--Any document or other 
                material that is received by the Bureau or any other 
                Federal department or agency in connection with an 
                inquiry under this paragraph shall be exempt from 
                disclosure under section 552 of title 5, United States 
                Code (commonly referred to as the `Freedom of 
                Information Act') and may not, except with the consent 
                of the covered person making such inquiry, be made 
                publicly available, regardless of whether the Director 
                responds to such inquiry or the covered person 
                withdraws such inquiry before receiving an opinion.
                    ``(E) Assistance for small businesses.--
                            ``(i) In general.--The Bureau shall assist, 
                        to the maximum extent practicable, small 
                        businesses in preparing inquiries under this 
                        paragraph.
                            ``(ii) Small business defined.--For 
                        purposes of this subparagraph, the term `small 
                        business' has the meaning given the term `small 
                        business concern' under section 3 of the Small 
                        Business Act (15 U.S.C. 632).
                    ``(F) Inquiry fee.--
                            ``(i) In general.--The Director shall 
                        develop a system to charge a fee for each 
                        inquiry made under this paragraph in an amount 
                        sufficient, in the aggregate, to pay for the 
                        cost of carrying out this paragraph.
                            ``(ii) Notice and comment.--Not later than 
                        45 days after the date of the enactment of this 
                        paragraph, the Director shall publish a 
                        description of the fee system described in 
                        clause (i) in the Federal Register and shall 
                        solicit comments from the public for a period 
                        of 60 days after publication.
                            ``(iii) Finalization.--The Director shall 
                        publish a final description of the fee system 
                        and implement such fee system not later than 30 
                        days after the end of the public comment period 
                        described in clause (ii).''.

SOLUTION:
Bureau Advisory Opinion Act of 2016  This bill amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to establish a procedure and promulgate rules to provide written opinions in response to inquiries concerning conformance of specific proposed or prospective conduct by a covered person with federal consumer financial law. A &quot;covered person&quot; under the Act is: (1) any person that engages in offering or providing a consumer financial product or service, and (2) any affiliate of that person if the affiliate acts as a service provider to the person. The CFPB, within 90 days of receiving such a request for an opinion, shall:   issue an opinion stating whether the described conduct would violate federal consumer financial law, deny the request, or explain why it is not feasible to issue an opinion.  The CFPB shall not issue an opinion on a general question of interpretation, a hypothetical situation, conduct of someone other than the requester, or past conduct the covered person doesn't plan to continue.  A request may be withdrawn at any time prior to the CFPB issuing a response. An issued advisory opinion may be amended or revoked at any time.  An opinion rendered pursuant to this bill shall be placed in the CFPB's public record 90 days after the requesting party has received the advice, subject to specified limitations on public disclosure.  Any person may rely on an opinion issued by the CFPB that has not been amended or withdrawn and liability shall not attach to conduct consistent with such opinion.  The CFPB shall implement a system to charge a fee for such inquiries sufficient to pay the costs of carrying out this bill.