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 ``Privacy and Civil Liberties 
Oversight Enhancement Act''.

SEC. 2. SUBMISSION OF REPORTS UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL 
              LIBERTIES OVERSIGHT BOARD.

    (a) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    (b) Foreign Intelligence Surveillance Court Rules.--Section 
103(g)(2) (50 U.S.C. 1803(g)(2)) is amended by adding at the end the 
following new subparagraph:
            ``(H) The Privacy and Civil Liberties Oversight Board.''.
    (c) Report of Electronic Surveillance.--Section 107 (50 U.S.C. 
1807) is amended in the matter preceding paragraph (1) by striking 
``Administrative Office of the United States Court and to Congress'' 
and inserting ``Administrative Office of the United States Court, 
Congress, and the Privacy and Civil Liberties Oversight Board''.
    (d) Oversight of Electronic Surveillance.--Section 108 (50 U.S.C. 
1808) is amended--
            (1) in the heading, by striking ``congressional''; and
            (2) in subsection (a)(1), by striking ``the House Permanent 
        Select Committee on Intelligence and the Senate Select 
        Committee on Intelligence, and the Committee on the Judiciary 
        of the Senate,'' and inserting ``the Permanent Select Committee 
        on Intelligence and the Committee on the Judiciary of the House 
        of Representatives, the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate, and the Privacy 
        and Civil Liberties Oversight Board''.
    (e) Oversight of Physical Searches.--Section 306 (50 U.S.C. 1826) 
is amended--
            (1) in the heading, by striking ``congressional''; and
            (2) in the matter preceding paragraph (1)--
                    (A) in the first sentence, by striking ``the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives and the Select Committee on 
                Intelligence of the Senate, and the Committee on the 
                Judiciary of the Senate,'' and inserting ``the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives, the Select Committee on 
                Intelligence of the Senate, the Committees on the 
                Judiciary of the House of Representatives and the 
                Senate, and the Privacy and Civil Liberties Oversight 
                Board''; and
                    (B) in the second sentence, by striking ``those 
                committees and the Committee on the Judiciary of the 
                House of Representatives'' and inserting ``those 
                committees and the Privacy and Civil Liberties 
                Oversight Board''.
    (f) Oversight of Pen Registers and Trap and Trace Devices.--Section 
406 (50 U.S.C. 1846) is amended--
            (1) in the heading, by striking ``congressional'';
            (2) in subsection (a), by striking ``the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate,'' and inserting 
        ``the Permanent Select Committee on Intelligence of the House 
        of Representatives, the Select Committee on Intelligence of the 
        Senate, the Committees on the Judiciary of the House of 
        Representatives and the Senate, and the Privacy and Civil 
        Liberties Oversight Board''; and
            (3) in subsection (b), by striking ``the committees 
        referred to in subsection (a) and to the Committees on the 
        Judiciary of the House of Representatives and the Senate'' and 
        inserting ``the committees referred to in subsection (a) and 
        the Privacy and Civil Liberties Oversight Board''.
    (g) Oversight of Production of Certain Business Records.--Section 
502 (50 U.S.C. 1862) is amended--
            (1) in the heading, by striking ``congressional'';
            (2) in subsection (a), by striking ``the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence and the Committee on the 
        Judiciary of the Senate'' and inserting ``the Permanent Select 
        Committee on Intelligence of the House of Representatives, the 
        Select Committee on Intelligence of the Senate, the Committees 
        on the Judiciary of the House of Representatives and the 
        Senate, and the Privacy and Civil Liberties Oversight Board''; 
        and
            (3) in subsection (b), by striking ``the House and Senate 
        Committees on the Judiciary and the House Permanent Select 
        Committee on Intelligence and the Senate Select Committee on 
        Intelligence'' and inserting ``the Permanent Select Committee 
        on Intelligence of the House of Representatives, the Select 
        Committee on Intelligence of the Senate, the Committees on the 
        Judiciary of the House of Representatives and the Senate, and 
        the Privacy and Civil Liberties Oversight Board''.
    (h) Semiannual Report of the Attorney General.--Section 601 (50 
U.S.C. 1871) is amended--
            (1) in subsection (a), by striking ``and the Committees on 
        the Judiciary of the House of Representatives and the Senate,'' 
        and inserting ``the Committees on the Judiciary of the House of 
        Representatives and the Senate, and the Privacy and Civil 
        Liberties Oversight Board'';
            (2) in subsection (c), by inserting ``and the Privacy and 
        Civil Liberties Oversight Board'' after ``subsection (a)''; and
            (3) in subsection (d), by inserting ``and the Privacy and 
        Civil Liberties Oversight Board'' after ``subsection (a)''.
    (i) Procedures for Targeting Certain Persons Outside the United 
States Other Than United States Persons.--Section 702(l) (50 U.S.C. 
1881a(l)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B)(ii), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) the Privacy and Civil Liberties Oversight 
                Board.'';
            (2) in paragraph (2)(D)--
                    (A) in clause (ii), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (iii)(II), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) the Privacy and Civil Liberties 
                        Oversight Board.''; and
            (3) in paragraph (3)(C)--
                    (A) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (iv)(II), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(v) the Privacy and Civil Liberties 
                        Oversight Board.''.
    (j) Oversight of Procedures for Targeting Certain Persons Outside 
the United States Other Than United States Persons.--Section 707(a) (50 
U.S.C. 1881f(a)) is amended--
            (1) in the heading, by striking ``congressional''; and
            (2) by inserting ``and the Privacy and Civil Liberties 
        Oversight Board'' before ``concerning the implementation of 
        this title''.

SOLUTION: Privacy and Civil Liberties Oversight Enhancement Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include the Privacy and Civil Liberties Oversight Board as a recipient of: (1) FISA court procedural rule changes, decisions, and pleadings; (2) the Attorney General's (DOJ) annual report to the Administrative Office of the U.S. Court regarding applications and orders for electronic surveillance; (3) the Attorney General's reports to Congress concerning electronic surveillance, physical searches, pen registers and trap and trace devices, production of tangible things (commonly referred to as business records), the number of persons targeted by the government under FISA authorities, and procedures for targeting persons; (4) reports by the Attorney General and the Director of National Intelligence (DNI) assessing compliance with minimization procedures for targeting persons reasonably believed to be located outside the United States other than U.S. persons, including reviews of the number of targets who were later determined to be located in the United States; and (5) annual reports of each element of the intelligence community authorized to acquire targeted foreign intelligence information.

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. FINDINGS.

    Congress finds the following:
            (1) It is in the national interest that all citizens, 
        including active-duty service members, be allowed to vote in 
        Federal elections.
            (2) Since 1977, active-duty service members serving 
        overseas or on the United States mainland have been excluded 
        from fully participating and voting in both general and runoff 
        Federal elections in American Samoa due to several factors, 
        including local law that requires active duty military members 
        to register in person, limited air and mail service between the 
        U.S. mainland and American Samoa, and delays in the preparation 
        of new ballots in the case of runoff elections.
            (3) American Samoa law requiring uniformed service voters 
        to register to vote in person is contrary to the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
        seq.).
            (4) The Uniformed and Overseas Citizens Absentee Voting Act 
        has been in effect for over 15 years, and American Samoa has 
        not addressed this discrepancy between Federal and territorial 
        law, despite notice that the discrepancy exists.
            (5) It is necessary to take additional action to ensure 
        that the votes of uniformed voters are counted in Federal 
        elections conducted in American Samoa and that active duty 
        service members (including reservists called to active duty) do 
        not need to appear in person to register to vote.
            (6) It is necessary to state that the Uniformed and 
        Overseas Citizens Absentee Voting Act supersedes American Samoa 
        law and American Samoa must comply with this Federal law.
            (7) It is also in the national interest that, to the extent 
        possible, Members of the United States House of Representatives 
        and non-voting Delegates be elected in the first week of 
        November in even-numbered years.
            (8) Since 1980, when the first election for the 
        Congressional Delegate from American Samoa was held, there have 
        been several general elections at which there was no final 
        resolution of who was elected as the Delegate for the next 
        Congress, and run-off elections were required.
            (9) When the outcome of the Delegate election is not 
        resolved until a runoff election is held, a final determination 
        of who the Delegate will be is not made known until late 
        November.
            (10) A delayed outcome may place a newly elected Delegate 
        in a more junior position to other Members of Congress elected 
        on the first Tuesday after the first Monday of November in an 
        election year.
            (11) When more than 2 candidates file to run for election 
        for the office of Delegate, holding a primary election to 
        reduce the number of candidates to 2 will greatly increase the 
        likelihood that the general election will produce a candidate 
        who receives a majority of the votes cast.

SEC. 2. PRIMARY ELECTION REQUIRED.

    Section 2(a) of the Act entitled ``An Act to provide that the 
Territory of American Samoa be represented by a nonvoting Delegate to 
the United States House of Representatives, and for other purposes'', 
approved October 31, 1978 (48 U.S.C. 1732(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) In any general election year when 3 or more eligible 
individuals file by the first Tuesday of July as candidates for the 
office of Delegate, a primary election shall be held on the first 
Tuesday of August of that general election year. If the primary 
election results in 1 candidate receiving more than 50 percent of the 
votes cast, then that candidate shall be the only candidate on the 
ballot for the general election for Delegate that year. If the primary 
election results in no candidate receiving more than 50 percent of the 
votes cast, then the 2 candidates receiving the most votes cast shall 
be on the ballot for the general election year. If there is a tie for 
the 2 candidates receiving the most votes, the names of the 2 
candidates shall be listed on the ballot for that general election 
year.
    ``(3) Candidates for the office of Delegate to the United States 
House of Representatives must file their candidacy not later than the 
first Tuesday of July each year that a general election referred to in 
paragraph (1) is scheduled to be held.''.

SEC. 3. CONFORMING AMENDMENTS.

    Section 4 of the Act entitled ``An Act to provide that the 
Territory of American Samoa be represented by a nonvoting Delegate to 
the United States House of Representatives, and for other purposes'', 
approved October 31, 1978 (48 U.S.C. 1734), is amended by inserting 
``in a general Federal election'' after ``ties between candidates''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2003.

SOLUTION:
Declares that it is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with it.Requires a primary election to be held in American Samoa on the first Tuesday of August of any general election year when three or more eligible individuals have filed by the first Tuesday of July as candidates for the office of Delegate representing American Samoa in the U.S. House of Representatives.