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 ``Rural Emergency Acute Care Hospital 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the University of North Carolina's Center 
        for Health Services Research, 55 rural hospitals have closed in 
        the Unites States since January 2010.
            (2) In 2014, iVantage conducted a study for the National 
        Rural Health Association and found 283 hospitals at risk of 
        closure based upon performance indicators that matched those 
        facilities already forced to close in this decade.
            (3) Researchers at the University of North Carolina 
        identified inpatient volume as a substantial contributing 
        factor to the financial performance of rural hospitals, with 
        many of the at-risk hospitals having an average daily bed 
        census of less than 2.
            (4) Adverse impacts to the local economy and the loss of 
        timely access to emergency medical care are 2 major effects of 
        rural hospital closures.
            (5) According to the National Center for Rural Health 
        Works, the typical rural hospital creates over 140 jobs and 
        generates $6,800,000 in compensation while serving an average 
        population of 14,600.
            (6) The 2014 iVantage study estimates that the 283 at-risk 
        hospitals could result in the loss of 36,000 health care jobs, 
        50,000 community jobs, and $10,600,000,000 in gross domestic 
        product.
            (7) Time is the most critical factor for achieving 
        successful outcomes in emergency medicine, and emergency 
        medical clinicians refer to the time-sensitive period during 
        which successful outcomes may be best achieved as the ``golden 
        hour''.
            (8) The National Conference of State Legislatures states 
        that 60 percent of trauma deaths in the United States occur in 
        rural areas, where only 15 percent of the population is 
        represented.
            (9) The disproportionate percentage of trauma deaths in 
        rural areas is likely attributable in large part to a 
        combination of response time to the scene and distance to the 
        nearest emergency room to stabilize trauma victims.
            (10) The percentage of trauma deaths occurring in rural 
        areas could continue to increase as more rural hospitals close, 
        further limiting access to emergency services and requiring 
        patients to travel longer distances to receive emergency 
        medical care.
            (11) The creation of a rural emergency hospital designation 
        under the Medicare program will allow facilities in rural areas 
        to provide emergency medical services without having to 
        maintain inpatient beds.
            (12) In addition to providing emergency care, rural 
        emergency hospitals could convert the space previously used for 
        inpatient services to provide other medical services including, 
        but not limited to, observation care, skilled nursing facility 
        care, infusion services, hemodialysis, home health, hospice, 
        nursing home care, population health, and telemedicine 
        services.

SEC. 3. RURAL EMERGENCY HOSPITAL PROGRAM.

    (a) In General.--
            (1) Rural emergency hospital and services defined.--Section 
        1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
                    (A) in subsection (e), in the last sentence of the 
                matter following paragraph (9), by inserting ``or a 
                rural emergency hospital (as defined in section 
                1861(iii)(1))'' before the period at the end; and
                    (B) by adding at the end the following subsection:

    ``Rural Emergency Hospital; Rural Emergency Hospital Outpatient 
                                Services

    ``(iii)(1) The term `rural emergency hospital' means a facility 
that--
            ``(A)(i) as of December 31, 2014--
                            ``(I) was a critical access hospital; or
                            ``(II) was a hospital with not more than 50 
                        beds located in a county (or equivalent unit of 
                        local government) in a rural area (as defined 
                        in section 1886(d)(2)(D)), or was a hospital 
                        with not more than 50 beds that was treated as 
                        being located in a rural area pursuant to 
                        section 1886(d)(8)(E); or
                    ``(ii) was a critical access hospital described in 
                clause (i)(I) or a hospital described in clause (i)(II) 
                that ceased operations during the period beginning on 
                the date that is 5 years prior to the date of the 
                enactment of this subsection and ending on December 30, 
                2014;
            ``(B) provides 24-hour emergency medical care and 
        observation care that does not exceed an annual per patient 
        average of 24 hours or more than 1 midnight;
            ``(C) does not provide any acute care inpatient beds and 
        has protocols in place for the timely transfer of patients who 
        require acute care inpatient services or other inpatient 
        services;
            ``(D) has elected to be designated as a rural emergency 
        hospital;
            ``(E) has received approval to operate as a rural emergency 
        hospital from the State under section 1834(r)(3)(A); and
            ``(F) is certified by the Secretary under section 
        1834(r)(3)(B).
    ``(2) The term `rural emergency hospital outpatient services' means 
medical and other health services furnished by a rural emergency 
hospital on an outpatient basis.
    ``(3) Nothing in this subsection or section 1834(r)(3) shall be 
construed to prohibit a rural emergency hospital from providing 
extended care services.''.
            (2) Payment for rural emergency hospital services.--
                    (A) In general.--Section 1833(a) of the Social 
                Security Act (42 U.S.C. 1395l(a)) is amended--
                            (i) in paragraph (8), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (9), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by inserting after paragraph (9) the 
                        following new paragraph:
            ``(10) in the case of rural emergency hospital emergency 
        services and services provided by a rural emergency hospital or 
        other provider of ambulance services to transport patients who 
        require acute care inpatient services or other inpatient 
        services from such rural emergency hospital to a hospital or 
        critical access hospital, the amounts described in section 
        1834(r).''.
                    (B) Payment amount.--Section 1834 of the Social 
                Security Act (42 U.S.C. 1395m) is amended by adding at 
                the end the following subsection:
    ``(r) Payment Rules Relating to Rural Emergency Hospitals.--
            ``(1) Payment for rural emergency hospital outpatient 
        services.--
                    ``(A) In general.--The amount of payment for rural 
                emergency hospital outpatient services of a rural 
                emergency hospital is equal to 110 percent of the 
                reasonable costs of providing such services.
                    ``(B) Telehealth services.--For purposes of this 
                paragraph, in determining the reasonable costs of 
                providing rural emergency hospital outpatient services, 
                costs associated with having a backup physician 
                available via a telecommunications system shall be 
                considered reasonable costs.
            ``(2) Payment for transportation services.--The amount of 
        payment for services provided by a rural emergency hospital or 
        other provider of ambulance services to transport patients who 
        require acute care inpatient services or other inpatient 
        services from such rural emergency hospital to a hospital or 
        critical access hospital is equal to 110 percent of the 
        reasonable costs of providing such services.
            ``(3) Requirements for rural emergency hospitals.--
                    ``(A) State approval to operate as a rural 
                emergency hospital.--No payment shall be made under 
                this subsection to a facility, or to a provider of 
                ambulance services providing transportation services 
                from such facility, unless the State in which the 
                facility is located has approved the facility's 
                designation as a rural emergency hospital.
                    ``(B) Certification of rural emergency hospital.--
                            ``(i) In general.--No payment shall be made 
                        under this subsection to a facility, or to a 
                        provider of ambulance services providing 
                        transportation services from such facility, 
                        unless the facility has been certified by the 
                        Secretary as a rural emergency hospital.
                            ``(ii) Certification requirements.--The 
                        Secretary shall certify a facility as a rural 
                        emergency hospital if the facility--
                                    ``(I) meets the criteria for rural 
                                emergency hospitals described in 
                                subparagraphs (A) through (E) of 
                                section 1861(iii)(1);
                                    ``(II) either--
                                            ``(aa) is verified by the 
                                        American College of Surgeons as 
                                        having the resources required 
                                        of a level IV trauma center or 
                                        higher; or
                                            ``(bb) employs healthcare 
                                        professionals that successfully 
                                        completed the Advanced Trauma 
                                        Life Support Course offered by 
                                        the American College of 
                                        Surgeons within the preceding 4 
                                        years;
                                    ``(III) has in effect a transfer 
                                agreement with a level I or level II 
                                trauma center; and
                                    ``(IV) meets such staff training 
                                and certification requirements as the 
                                Secretary may require.
            ``(4) Coinsurance.--
                    ``(A) In general.--The amount of payment for rural 
                emergency hospital services or transportation services 
                made to a rural emergency hospital or other provider of 
                ambulance services under this subsection shall be 
                reduced by the coinsurance amount described in 
                subparagraph (B).
                    ``(B) Coinsurance amount.--The coinsurance amount 
                described in this subparagraph, with respect to an item 
                or service provided by a rural emergency hospital or 
                provider of ambulance services, shall be calculated in 
                the same manner as the coinsurance amount for an 
                outpatient critical access hospital service is 
                calculated under section 1866(a)(2).''.
    (b) Waiver of Distance Requirement for Replacement CAHs; Subsequent 
Redesignation of Rural Emergency Hospitals as CAHs.--Section 1820(c)(2) 
of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended--
            (1) in subparagraph (B)(i)(I), by inserting ``subject to 
        subparagraph (F),'' before ``is located''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(F) Option to waive distance requirement.--
                Beginning on the date of the enactment of this 
                subparagraph, for every critical access hospital 
                located in a State that is certified as a rural 
                emergency hospital under section 1834(r)(3)(B), the 
                State shall have the option of waiving the distance 
                requirement described in subparagraph (B)(i)(I) with 
                respect to another facility located in the State that 
                is seeking designation as a critical access hospital 
                under this paragraph.
                    ``(G) Redesignation of a rural emergency hospital 
                as a critical access hospital.--A rural emergency 
                hospital that was previously designated as a critical 
                access hospital under this paragraph may elect to be 
                redesignated as a critical access hospital (in the same 
                manner that the hospital was originally designated as a 
                critical access hospital) at any time, subject to such 
                conditions as the Secretary may establish.''.
    (c) Studies and Reports.--
            (1) Studies.--The Secretary of Health & Human Services 
        shall conduct 3 studies to evaluate the impact of rural 
        emergency hospitals on the availability of health care and 
        health outcomes in rural areas (as defined in section 
        1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww)). 
        The Secretary shall conduct a study--
                    (A) 2 years after the date of the enactment of this 
                Act;
                    (B) 5 years after the date of the enactment of this 
                Act; and
                    (C) 10 years after the date of the enactment of 
                this Act.
            (2) Reports.--Not later than 6 months after each date that 
        the Secretary of Health & Human Services is required to conduct 
        a study under paragraph (1), the Secretary shall submit a 
        report to Congress containing the results of each such study.
    (d) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after the date that is 1 
year after the date of the enactment of this Act.

SEC. 4. INCLUSION OF EMERGENCY MEDICINE AS HEALTH SERVICES UNDER THE 
              NATIONAL HEALTH SERVICE CORPS.

    Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 
254d(a)(3)(D)) is amended by inserting ``, and includes emergency 
medicine provided by physicians in a rural emergency hospital (as 
defined in section 1861(iii) of the Social Security Act)'' before the 
period.

SEC. 5. PERMITTING HOSPITALS WITH APPROVED RESIDENCY PROGRAMS IN 
              EMERGENCY MEDICINE TO INCLUDE TIME SPENT BY INTERNS AND 
              RESIDENTS IN THE EMERGENCY DEPARTMENT OF A RURAL HOSPITAL 
              IN FULL-TIME EQUIVALENT COUNT.

    (a) Indirect Medical Education.--Section 1886(d)(5)(B)(iv) of the 
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by 
adding at the end the following new subclause:
            ``(III) Effective for discharges occurring on or after 
        October 1, 2015, all of the time spent in patient care 
        activities in the emergency department of a rural hospital by 
        interns and residents in emergency medicine from a hospital 
        with an approved medical residency training program (as defined 
        in subsection (h)(5)(A)) in such specialty shall be included in 
        determining the number of full-time equivalent interns and 
        residents in such program if the hospital with such program 
        incurs the costs of the stipends and fringe benefits of the 
        interns or residents during the time the interns or residents 
        spend in that rural hospital in accordance with subclause (II). 
        In this subclause, the term `rural hospital' means a hospital 
        that is located in a rural area (as defined for purposes of 
        paragraph (2)(D)).''.
    (b) Direct Medical Education.--Section 1886(h)(4)(E) of the Social 
Security Act (42 U.S.C. 1395(h)(4)) is amended--
            (1) in clause (ii), by striking the period at the end and 
        inserting ``; and'';
            (2) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) effective for cost reporting 
                        periods beginning on or after July 1, 2015, all 
                        of the time so spent in the emergency 
                        department of a rural hospital by residents in 
                        emergency medicine from a hospital with an 
                        approved medical residency training program in 
                        such specialty shall be counted towards the 
                        determination of full-time equivalency in such 
                        program if the hospital with such program bears 
                        all, or substantially all, of the costs of 
                        training such residents in the rural hospital. 
                        In this subparagraph, the term `rural hospital' 
                        means a hospital that is located in a rural 
                        area (as defined for purposes of subsection 
                        (d)(2)(D)).''; and
            (3) by adding at the end the following new sentence: ``For 
        purposes of this subparagraph, the emergency department of a 
        rural hospital described in clause (iii) is a nonprovider 
        setting.''.

SOLUTION: Rural Emergency Acute Care Hospital Act  This bill amends title XVIII (Medicare) of the Social Security Act to designate as a rural emergency hospital any facility that as of December 31, 2014, was:   a critical access hospital (CAH) or a hospital with at most 50 beds located in a county in a rural area or treated as located in a rural area, or one of such hospitals that ceased operations during the period beginning five years before enactment of this Act and ending on December 30, 2014.  A rural emergency hospital:  must provide 24-hour emergency medical care and observation care not exceeding an annual per patient average of 24 hours or more than 1 midnight, does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services, has elected to be designated as a rural emergency hospital, has received approval to operate as one from the state, and is certified by the Department of Health and Human Services (HHS).  Medicare part B (Supplementary Medical Insurance Benefits) shall cover rural emergency hospital emergency services as well as ambulance services provided by a rural emergency hospital or other provider to transport patients who require acute care inpatient services or other inpatient services from the rural emergency hospital to a hospital or a CAH. Payment for rural emergency hospital outpatient services of a rural emergency hospital, including telehealth and ambulance services, shall be 110% percent of their reasonable costs. Rural emergency hospitals must be approved by the state and certified by HHS. States shall have the option of waiving a specified distance requirement between a CAH certified as a rural emergency hospital and another facility located in the state that is seeking designation as a CAH. Primary health services which the National Health Service Corps may provide under the Public Health Service Act shall include emergency medicine provided by physicians in a rural emergency hospital. Hospitals with approved residency programs in emergency medicine shall include time spent by interns and residents in the emergency department of a rural hospital in the full-time equivalent count with respect to reimbursement for the indirect (stipend, fringe benefit) and direct (all or substantially all training) costs of medical education in subsection (d) hospitals. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balancing the Rights Of Web Surfers 
Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''.

SEC. 2. NOTICE OF PRIVACY POLICIES.

    (a) In General.--A provider of a covered service shall provide the 
users of the service with notice of the privacy policies of the 
provider with respect to the service. Such notice shall be clear and 
conspicuous.
    (b) Availability to Prospective Users.--The notice required by 
subsection (a) shall be made available to prospective users--
            (1) at the point of sale of, subscription to, or 
        establishment of an account for the covered service, prior to 
        such sale, subscription, or establishment, whether such point 
        of sale, subscription, or establishment is in person, online, 
        over the telephone, or through another means; or
            (2) if there is no such sale, subscription, or 
        establishment, before the user uses the service.
    (c) Persistent Availability.--The notice required by subsection (a) 
shall be made persistently available.
    (d) Material Changes.--A provider of a covered service shall 
provide users with advance notice of any material change to the privacy 
policies of the provider. The notice required by this subsection shall 
be clear and conspicuous.

SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF 
              INFORMATION.

    (a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service 
shall obtain opt-in approval from a user to use, disclose, or permit 
access to the sensitive user information of the user.
    (b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
            (1) a provider of a covered service shall obtain opt-out 
        approval from a user to use, disclose, or permit access to any 
        of the non-sensitive user information of the user; or
            (2) if the provider so chooses, the provider may comply 
        with the requirement of paragraph (1) by obtaining opt-in 
        approval from the user to use, disclose, or permit access to 
        any such non-sensitive user information.
    (c) Limitations and Exceptions.--A provider of a covered service 
may use, disclose, or permit access to user information without user 
approval for the following purposes:
            (1) In providing the covered service from which such 
        information is derived, or in providing services necessary to, 
        or used in, the provision of such service.
            (2) To initiate, render, bill, and collect for the covered 
        service.
            (3) To protect the rights or property of the provider, or 
        to protect users of the covered service and other service 
        providers from fraudulent, abusive, or unlawful use of the 
        service.
            (4) To provide location information or non-sensitive user 
        information--
                    (A) to a public safety answering point, emergency 
                medical service provider or emergency dispatch 
                provider, public safety, fire service, or law 
                enforcement official, or hospital emergency or trauma 
                care facility, in order to respond to the request of 
                the user for emergency services;
                    (B) to inform the legal guardian of the user, or 
                members of the immediate family of the user, of the 
                location of the user in an emergency situation that 
                involves the risk of death or serious physical harm; or
                    (C) to providers of information or database 
                management services solely for purposes of assisting in 
                the delivery of emergency services in response to an 
                emergency.
            (5) As otherwise required or authorized by law.
    (d) Mechanism for Exercising User Approval.--
            (1) In general.--A provider of a covered service shall make 
        available a simple, easy-to-use mechanism for users to grant, 
        deny, or withdraw opt-in approval or opt-out approval at any 
        time.
            (2) Form and manner.--The mechanism required by paragraph 
        (1) shall be--
                    (A) clear and conspicuous; and
                    (B) made available--
                            (i) at no additional cost to the user; and
                            (ii) in a language other than English, if 
                        the provider transacts business with the user 
                        in such other language.
            (3) Effect.--The grant, denial, or withdrawal of opt-in 
        approval or opt-out approval by a user shall--
                    (A) be given effect promptly; and
                    (B) remain in effect until the user revokes or 
                limits such grant, denial, or withdrawal of approval.

SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.

    A provider of a covered service may not--
            (1) condition, or effectively condition, provision of such 
        service on agreement by a user to waive privacy rights 
        guaranteed by law or regulation, including this Act; or
            (2) terminate such service or otherwise refuse to provide 
        such service as a direct or indirect consequence of the refusal 
        of a user to waive any such privacy rights.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) General Application.--The requirements of this Act apply, 
according to their terms, to--
            (1) those persons, partnerships, and corporations over 
        which the Commission has authority pursuant to section 5(a)(2) 
        of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
            (2) providers of broadband internet access service, 
        notwithstanding the exception in such section for common 
        carriers subject to the Communications Act of 1934 (47 U.S.C. 
        151 et seq.).
    (b) Unfair or Deceptive Acts or Practices.--A violation of this Act 
shall be treated as an unfair or deceptive act or practice in or 
affecting commerce for purposes of section 5(a)(2) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(2)).
    (c) Powers of Commission.--Except as provided in subsection (a)(2) 
of this section--
            (1) the Commission shall enforce this Act in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this Act; and
            (2) any person who violates this Act shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--
                    (A) In general.--The term ``broadband internet 
                access service'' means a mass-market retail service by 
                wire or radio that provides the capability to transmit 
                data to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service, but excluding dial-up internet 
                access service.
                    (B) Functional equivalent; evasion.--Such term also 
                includes any service that--
                            (i) the Commission finds to be providing a 
                        functional equivalent of the service described 
                        in subparagraph (A); or
                            (ii) is used to evade the protections set 
                        forth in this Act.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Covered service.--The term ``covered service'' means--
                    (A) broadband internet access service; or
                    (B) an edge service.
            (4) Edge service.--The term ``edge service''--
                    (A) means a service provided over the internet--
                            (i) for which the provider requires the 
                        user to subscribe or establish an account in 
                        order to use the service;
                            (ii) that the user purchases from the 
                        provider of the service without a subscription 
                        or account;
                            (iii) by which a program searches for and 
                        identifies items in a database that correspond 
                        to keywords or characters specified by the 
                        user, used especially for finding particular 
                        sites on the World Wide Web; or
                            (iv) by which the user divulges sensitive 
                        user information; and
                    (B) includes a service described in subparagraph 
                (A) that is provided through a software program, 
                including a mobile application.
            (5) Emergency services.--The term ``emergency services'' 
        has the meaning given such term in section 222 of the 
        Communications Act of 1934 (47 U.S.C. 222).
            (6) Material.--The term ``material'' means, with respect to 
        a change in a privacy policy of a provider of a covered 
        service, any change in such policy that a user of the service, 
        acting reasonably under the circumstances, would consider 
        important to the decisions of the user regarding the privacy of 
        the user, including any change to information required to be 
        included in a privacy notice under section 2.
            (7) Mobile application.--The term ``mobile application'' 
        means a software program that runs on the operating system of a 
        mobile device.
            (8) Non-sensitive user information.--The term ``non-
        sensitive user information'' means any user information that is 
        not sensitive user information.
            (9) Opt-in approval.--The term ``opt-in approval'' means a 
        method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to sensitive user 
        information under which the provider of the service obtains 
        express consent allowing the requested usage, disclosure, or 
        access to the sensitive user information.
            (10) Opt-out approval.--The term ``opt-out approval'' means 
        a method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to non-sensitive user 
        information under which the user is deemed to have consented to 
        the use, disclosure, or access to the non-sensitive user 
        information if the user has failed to object to such use, 
        disclosure, or access.
            (11) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given such term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            (12) Sensitive user information.--The term ``sensitive user 
        information'' includes any of the following:
                    (A) Financial information.
                    (B) Health information.
                    (C) Information pertaining to children under the 
                age of 13.
                    (D) Social Security number.
                    (E) Precise geo-location information.
                    (F) Content of communications.
                    (G) Web browsing history, history of usage of a 
                software program (including a mobile application), and 
                the functional equivalents of either.
            (13) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the Virgin Islands of the United 
        States, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and each 
        federally recognized Indian Tribe.
            (14) User.--The term ``user'' means, with respect to a 
        covered service, a person who--
                    (A) is a current or former--
                            (i) subscriber to such service; or
                            (ii) holder of an account for such service;
                    (B) purchases such service without a subscription 
                or account;
                    (C) is an applicant for such service; or
                    (D) in the case of a service described in clause 
                (iii) or (iv) of paragraph (4)(A), uses the service.
            (15) User information.--The term ``user information'' means 
        any information that--
                    (A) a provider of a covered service acquires in 
                connection with the provision of such service; and
                    (B) is linked or reasonably linkable to an 
                individual.

SEC. 7. RELATIONSHIP TO OTHER LAW.

    (a) Preemption of State Law.--No State or political subdivision of 
a State shall, with respect to a provider of a covered service subject 
to this Act, adopt, maintain, enforce, or impose or continue in effect 
any law, rule, regulation, duty, requirement, standard, or other 
provision having the force and effect of law relating to or with 
respect to the privacy of user information.
    (b) Other Federal Law.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this Act shall be construed to supercede any other 
        Federal statute or regulation relating to information privacy.
            (2) Communications act of 1934.--Insofar as any provision 
        of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or 
        any regulations promulgated under such Act apply to any person, 
        partnership, or corporation subject to this Act with respect to 
        privacy policies, terms of service, and practices covered by 
        this Act, such provision of the Communications Act of 1934 or 
        such regulations shall have no force or effect, unless such 
        regulations pertain to emergency services.

SOLUTION: Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information.  Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is:   financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or  history of usage of a software program or mobile application.  Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time.  The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrated Water Resources 
Management Act of 2005''.

SEC. 2. SUPPORT OF STATE, TRIBAL, INTERSTATE WATER RESOURCES 
              ORGANIZATIONS, AND LOCAL GOVERNMENT.

    The Secretary of the Army shall include as a primary mission of the 
Army Corps of Engineers the provision of technical services and 
assistance to support planning, conservation, and responsible 
integrated management of water resources by State, tribal, interstate 
water resources organizations, and local governments.

SEC. 3. TECHNICAL ASSISTANCE.

    Section 22 of Water Resources Development Act of 1974 (42 U.S.C. 
1962d-16) is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting the following:
    ``(a) Federal State Cooperation.--
            ``(1) Comprehensive plans.--The Secretary'';
            (2) by inserting after the last sentence in subsection (a) 
        the following:
            ``(2) Technical assistance.--
                    ``(A) In general.--At the request of a governmental 
                agency or non-Federal interest, the Secretary may 
                provide, at Federal expense, technical assistance to 
                such agency or non-Federal interest in managing water 
                resources.
                    ``(B) Types of assistance.--Technical assistance 
                under this paragraph may include provision and 
                integration of hydrologic, economic, and environmental 
                data and analyses.''.
            (3) in subsection (b)(1) by striking ``this section'' each 
        place it appears and inserting ``subsection (a)(1)'';
            (4) in subsection (b)(2) by striking ``Up to \1/2\ of the'' 
        and inserting ``The'';
            (5) in subsection (c)--
                    (A) by striking ``(c) There is'' and inserting the 
                following:
    ``(c) Authorization of Appropriations.--
            ``(1) Federal and state cooperation.--There is'';
                    (B) by striking `` except that not more than 
                $500,000 shall be expended in any one year in any one 
                State'';
                    (C) by striking ``the provisions of this section'' 
                and inserting ``subsection (a)(1);''; and
                    (D) by inserting at the end the following:
            ``(2) Technical assistance.--There is authorized to be 
        appropriated $10,000,000 annually to carry out subsection 
        (a)(2), of which not more than $2,000,000 annually may be used 
        by the Secretary to enter into cooperative agreements with 
        nonprofit organizations and State agencies to provide 
        assistance to rural and small communities.''; and
            (6) by adding at the end the following:
    ``(e) Annual Submission.--The Secretary shall provide a listing of 
the individual activities proposed for funding under subsection (a)(1), 
based on performance criteria developed by the Secretary.''.

SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.

    (a) In General.--Section 729 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is 
amended--
            (1) by striking paragraph (1) of subsection (f) and 
        inserting the following:
            ``(1) Non-federal share.--The non-Federal share of the 
        costs of an assessment carried out under this section on or 
        after December 11, 2000, shall be 25 percent.''; and
            (2) by striking subsection (g).
    (b) Revision of Partnership Agreement.--The Secretary of the Army 
shall revise the partnership agreement for any assessment being carried 
out under section 729 of the Water Resources Development Act of 1986 to 
take into account the change in non-Federal participation in the 
assessment as a result of the amendments made by subsection (a).

SEC. 5. CREDIT FOR MATERIALS AND IN-KIND SERVICES.

    (a) In General.--The Secretary of the Army is authorized to allow a 
non-Federal interest credit toward its share of the costs of any 
authorized water resources development project or study for the cost of 
materials and in-kind services, including planning (including data 
collection), design, management, and construction services, provided by 
the non-Federal interest for implementation of the project or study. 
The credit shall include the cost of materials and services provided 
prior to signing a partnership or feasibility cost sharing agreement 
for the project or study, including efforts on constructed elements 
incorporated into the project, and materials and services provided 
after the partnership or feasibility cost sharing agreement, subject to 
the limitations in subsection (b).
    (b) Limitations.--Credit authorized under subsection (a)--
            (1) shall not exceed the non-Federal share of project 
        costs;
            (2) shall not alter any other requirements that require a 
        non-Federal interest to provide lands, easements, rights-of-
        way, and dredged material disposal areas for the project;
            (3) shall not exceed the actual and reasonable costs of the 
        materials or in-kind services provided by the non-Federal 
        interest, as determined by the Secretary; and
            (4) shall be allowed unless the Secretary has determined 
        that such materials or services, including activities on 
        previously constructed elements, are not compatible with and 
        necessary for the project.

SEC. 6. IMPROVING WATER MANAGEMENT AT CORPS OF ENGINEERS RESERVOIRS.

    (a) Measures to Improve Water Management at Corps of Engineers 
Reservoirs.--In addition to ongoing efforts to assess and address the 
water resources needs of the Nation, the Secretary of the Army shall 
undertake, as part of the operation and maintenance of all Corps of 
Engineers reservoirs, measures to more effectively and efficiently meet 
the current water resources needs of the areas impacted by the 
reservoirs. Such measures shall be undertaken in cooperation and 
coordination with State, tribal, and local governments and their 
ongoing initiatives and may include the following:
            (1) reallocation of storage at such reservoirs;
            (2) review of operational plans and implementation of 
        changes to improve performance of such reservoirs in meeting 
        current needs and priorities;
            (3) improvements to data collection systems and forecast 
        models that enhance operational performance of such reservoirs; 
        and
            (4) sediment studies and implementation of sediment 
        management or removal measures that improve project operations.
    (b) Costs of Water Supply Storage.--Storage charges for future 
contracts and contract renewals for water supply storage at existing 
Corps of Engineers reservoirs shall not exceed the net change in 
receipts or outlays, or both to the Treasury due to the reallocation of 
storage at such reservoirs.

SEC. 7. ACCESS TO WATER RESOURCES DATA.

    (a) General.--The Secretary of the Army shall undertake a program 
to provide public access to water resources and related water quality 
data currently within the custody of the Corps of Engineers.
    (b) Data.--The date to which subsection (a) applies shall include, 
but not be limited to, data generated in water resources project 
development and regulation under section 404 of the Federal Water 
Pollution Act (33 U.S.C. 1344), and the Secretary, in providing access 
to data under subsection (a), shall employ appropriately geographic 
information system technology and linkages to water resources models 
and analytical techniques.
    (c) Partnerships.--To the maximum extent possible, the Secretary 
shall integrate State, tribal, and local governments into activities 
that carry out this section.
    (d) Appropriations.--There is authorized to be appropriated 
$5,000,000 per fiscal year to carry out this section.

SEC. 8. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.

    (a) Partnership Agreements.--Section 221 of the Flood Control Act 
of 1970 (42 U.S.C. 1962d-5b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``under the provisions'' and all 
                that follows through ``under any other'' and inserting 
                ``under any'';
                    (B) by inserting ``partnership'' after ``written'';
                    (C) by striking ``Secretary of the Army to furnish 
                its required cooperation for'' and inserting ``district 
                engineer for the district of the Corps of Engineers in 
                which the project will be carried out under which each 
                party agrees to carry out its responsibilities and 
                requirements for implementation or construction of'';
                    (D) by striking ``if the Secretary'' and inserting 
                ``if the Secretary of the Army''; and
                    (E) by inserting after ``$25,000.'' the following: 
                ``Such agreement may include a provision for liquidated 
                damages in the event of a failure of one or more 
                parties to perform.'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Limitation.--Nothing in subsection (a) shall be construed as 
limiting the authority of the Secretary to ensure that a partnership 
agreement meets all requirements of law and policies of the Secretary 
in effect on the date of entry into the partnership agreement.''.
    (b) Local Cooperation.--Section 912(b) of the Water Resources 
Development Act of 1986 (42 U.S.C. 1962d-5b; 101 Stat. 4190) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``shall'' the first place it 
                appears and inserting ``may''; and
                    (B) by striking the last sentence; and
            (2) in paragraph (4)--
                    (A) by inserting after ``injunction, for'' the 
                following: ``payment of liquidated damages under a 
                partnership agreement entered into by a district 
                engineer of the Corps of Engineers or, for'';
                    (B) by striking ``to collect a civil penalty 
                imposed under this section,''; and
                    (C) by striking ``any civil penalty imposed under 
                this section,'' and inserting ``any liquidated 
                damages,''.
    (c) Applicability.--The amendments made by subsections (a) and (b) 
only apply to partnership agreements entered into after the date of 
enactment of this Act; except that at the request of a non-Federal 
interest for a project the district engineer for the district of the 
Corps of Engineers in which the project is located may amend a project 
partnership agreement entered into on or before such date and under 
which construction on the project has not been initiated as of such 
date of enactment for the purpose of incorporating such amendments.
    (d) References.--
            (1) To cooperation agreements.--Any reference in a law, 
        regulation, document, or other paper of the United States to a 
        cooperation agreement or project cooperation agreement shall be 
        treated to be a reference to a partnership agreement or a 
        project partnership agreement, respectively.
            (2) To partnership agreements.--Any reference to a 
        partnership agreement or project partnership agreement in this 
        Act (other than this section) shall be treated as a reference 
        to a cooperation agreement or a project cooperation agreement, 
        respectively.

SEC. 9. ENVIRONMENTAL INFRASTRUCTURE.

    Section 219 of the Water Resources Development Act of 1992 (106 
Stat. 4835-4836; 110 Stat. 3957; 113 Stat. 334) is amended--
            (1) in subsection (b)--
                    (A) by striking ``(b) Non-Federal Share.--The'' and 
                inserting the following:
    ``(b) Non-Federal Share.--
            ``(1) In general.--The''; and
                    (B) by inserting after paragraph (1) (as so 
                designated by subparagraph (A)) the following:
            ``(2) In-kind credits.--The non-Federal share may be 
        provided in the form of materials and in-kind services, 
        including design, construction, and management services, that 
        the Secretary has determined are compatible with and necessary 
        for the project.''.
            (2) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) $40,000,000 for the project described in subsection 
        (c)(18).''.

SEC. 10. TEXAS ENVIRONMENTAL INFRASTRUCTURE PROGRAM.

    (a) Establishment of Program.--The Secretary of the Army shall 
establish a program to provide environmental assistance to non-Federal 
interests in the State of Texas.
    (b) Form of Assistance.--Assistance under this section may be in 
the form of planning, design, and construction assistance for water-
related environmental infrastructure and resource protection and 
development projects in the State of Texas, including projects for 
water supply, storage, treatment and related facilities, water quality 
protection, wastewater treatment and related facilities, environmental 
restoration, and surface water resource protection and development as 
identified by the Texas Water Development Board.
    (c) Public Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned.
    (d) Partnership Agreements.--Before providing assistance under this 
section, the Secretary shall enter into a partnership agreement with a 
non-Federal interest.
    (e) Cost Sharing.--
            (1) In general.--The Federal share of project costs under 
        each agreement entered into under this section shall be 75 
        percent. The Federal share may be in the form of grants or 
        reimbursements of project costs.
            (2) In-kind services.--The non-Federal share may be 
        provided in the form of materials and in-kind services, 
        including planning, design, construction, and management 
        services, that the Secretary has determined are compatible with 
        and necessary for the project.
            (3) Credit for design work.--The non-Federal interest shall 
        receive credit for the reasonable costs of planning, design, 
        construction work completed by the non-Federal interest before 
        entering into a partnership agreement with the Secretary.
            (4) Lands, easements, rights-of-way and relocations.--The 
        non-Federal interest shall receive credit for lands, easements, 
        rights-of-way, and relocations provided by the non-Federal 
        interest toward the non-Federal share of project costs.
            (5) Operation and maintenance.--The non-Federal share of 
        operation and maintenance costs for projects constructed under 
        an agreement entered into under this section shall be 100 
        percent.
    (f) Applicability of Other Federal and State Laws.--Nothing in this 
section shall be construed as waiving, limiting, or otherwise affecting 
the applicability of any provision of Federal or State law that would 
otherwise apply to a project to be carried out with assistance provided 
under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000.

SOLUTION:
Integrated Water Resources Management Act of 2005 - Directs the Secretary of the Army to include as a primary mission of the Army Corps of Engineers the provision of technical services and assistance to support planning, conservation, and responsible integrated management of water resources by State, tribal, interstate water resources organizations, and local governments.

Amends the Water Resources Development Act (WRDA) of 1974 to authorize: (1) the Secretary, at the request of a governmental agency or non-Federal interest, to provide technical assistance in managing water resources; and (2) the non-Federal contribution for preparation of a plan subject to the cost-sharing program to be made by the provision of services, materials, supplies, or other in-kind services.

Amends the WRDA of 1986 to set the non-Federal share of the costs of a watershed and river basin assessment on or after December 11, 2000, at 25 percent. Authorizes the Secretary to allow a non-Federal interest credit toward its share of the costs for certain projects or studies. Directs the Secretary to undertake: (1) measures to more effectively meet the current water resources needs of the areas impacted by Corps reservoirs; and (2) a program to provide public access to water resources and related water quality data.

Modifies provisions under the Flood Control Act of 1970 and the WRDA of 1986 regarding partnership agreements for water resources projects. Directs the Secretary to establish a program to provide environmental assistance to non-Federal interests in Texas.