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

    This Act may be cited as the ``Fair Disbursement of Offshore Oil 
Revenue Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the demand for energy in the United States is 
        increasing and will continue to increase for the foreseeable 
        future;
            (2) domestic production of oil and gas is declining;
            (3) the United States continues to be overly dependent on 
        foreign sources of oil and gas;
            (4) the Outer Continental Shelf contains significant 
        quantities of oil and gas that should be developed to meet 
        United States energy needs while safeguarding important 
        environmental values;
            (5) the exploration, development, and production of Outer 
        Continental Shelf resources, and the siting of related energy 
        facilities, may impact various State and local governments; and
            (6) coastal States and counties should be provided with a 
        share of the revenues derived from Outer Continental Shelf oil 
        and gas leasing, exploration, development, and production 
        activities.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``coastal State'' means any State of the 
        United States bordering on the Atlantic Ocean, the Pacific 
        Ocean, the Arctic Ocean, or the Gulf of Mexico;
            (2) the term ``coastal county'' means a unit of general 
        government immediately below the level of State government, as 
        determined by the Secretary under section 6, with jurisdiction 
        over lands along the coast line;
            (3) the term ``coast line'' has the meaning given such term 
        under the Submerged Lands Act (43 U.S.C. 1301 et seq.);
            (4) the term ``Outer Continental Shelf'' has the meaning 
        given the term ``outer Continental Shelf'' under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
            (5) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (6) the term ``revenues'' means all bonuses, rents, 
        royalties, and other moneys collected under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and 
        interest thereon.

SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND.

    (a) Establishment.--There is established an interest bearing 
account in the Treasury of the United States to be known as the Coastal 
Communities Outer Continental Shelf Receipt Fund (hereafter in this Act 
referred to as ``the Fund'').
    (b) Payments to Fund.--Beginning in fiscal year 2002, the Secretary 
shall pay into the Fund all revenues described in subsection (c) that 
are attributable to an Outer Continental Shelf lease, any part of which 
is within 200 geographical miles of the coast line. The Secretary may 
adjust amounts in the Fund at any time to account for overpayments, 
underpayments, and errors.
    (c) New Revenues.--Subsection (b) shall apply only to--
            (1) bonus revenues under a lease if no bonus revenues have 
        been received by the Secretary under that lease before January 
        1, 2001;
            (2) rent revenues under a lease if no rent revenues have 
        been received by the Secretary under that lease before January 
        1, 2001;
            (3) royalty revenues under a lease if no royalty revenues 
        have been received by the Secretary under that lease before 
        January 1, 2001; and
            (4) other revenues under a lease if the lease was issued on 
        or after January 1, 2001.

SEC. 5. DISPOSITION OF FUND.

    (a) State Share.--(1) Six months after the end of fiscal year 2002, 
and annually thereafter, the Secretary shall pay from the Fund to each 
coastal State one-half of such revenues paid into the Fund with respect 
to the fiscal year most recently completed, and any interest earned 
thereon, as may be attributable to that State.
    (2) In order to determine to which State revenues are attributable 
for purposes of this Act, the Secretary shall delimit the lateral 
boundaries between the coastal States to a point 200 geographic miles 
seaward of the coast line. Such boundaries shall be set according to 
the following principles, listed in order of the priority of their 
application:
            (A) Any judicial decrees or interstate compacts delimiting 
        lateral offshore boundaries between coastal States.
            (B) Principles of domestic and international law governing 
        the delimitation of lateral offshore boundaries.
            (C) The desirability of following existing lease boundaries 
        and block lines on the Secretary's official protraction 
        diagrams.
    (3) Each coastal State, before receiving funds under this 
subsection, shall annually enact the necessary legislation to provide 
any State permits required for onshore facilities needed to support 
offshore oil or gas development or production in the area adjacent to 
that coastal State. If a State fails to enact such legislation, the 
funds attributable to that State shall not be disbursed, and the 
Secretary shall take into consideration that failure before offering 
any additional leases for sale in the offshore area adjacent to that 
State.
    (b) Coastal County Share.--(1) At the same time that the Secretary 
pays revenues to coastal States under subsection (a), the Secretary 
shall pay to coastal counties within that State the remaining one-half 
of the revenues, and any interest earned on those revenues, in the Fund 
for that fiscal year attributable to that State.
    (2) In order to determine to which coastal county revenues are 
attributable for purposes of this Act, the Secretary shall delimit the 
lateral boundaries between the coastal counties to a point 200 
geographic miles seaward of the coast line. Such boundaries shall be 
set according to the following principles, listed in order of the 
priority of their application:
            (A) Existing boundaries between coastal counties with valid 
        supporting legal authority.
            (B) The desirability of following existing lease boundaries 
        and block lines on the Secretary's official protraction 
        diagrams.
            (C) The principle that, to the extent consistent with 
        subparagraphs (A) and (B), the size of the coastal county's 
        adjacent offshore area, as a percentage of all of that State's 
        adjacent offshore areas, shall be based on a formula giving 
        equal weight to--
                    (i) the coastal county's coast line as a percentage 
                of the State's coast line, calculated using the same 
                large-scale charts of the National Ocean Service that 
                are used to delimit the territorial sea under 
                international law; and
                    (ii) the coastal county's population as a 
                percentage of the population of all coastal counties in 
                the State, calculated by the Secretary using the best 
                available national census data.
    (3) Each coastal county, before receiving funds under this 
subsection, shall annually enact by county statute or ordinance the 
necessary legislation to provide the local permits required for onshore 
facilities needed to support offshore oil or gas development or 
production in the area adjacent to that coastal county, and the 
necessary legislation to expend such funds. If a county fails to enact 
such legislation, the funds attributable to that county shall not be 
disbursed, and the Secretary shall take into consideration that failure 
before offering any additional leases for sale in the offshore area 
adjacent to that county.
    (c) Use of Funds by States.--Each coastal State shall use funds 
received pursuant to subsection (a)--
            (1) to pay for the administrative costs the State incurs in 
        the leasing and permitting process as specified in the Outer 
        Continental Shelf Lands Act;
            (2) for such environmental and natural resource projects as 
        the State determines; or
            (3) for such educational projects as the State determines.
    (d) County Distribution of Funds.--Each coastal county shall 
develop a formula to allocate at least two-thirds of the funds received 
pursuant to subsection (b) to local communities within its jurisdiction 
based on the proximity of these communities to the coast, except that 
funds shall be withheld from communities that the Secretary determines 
have failed to issue permits required for onshore facilities needed to 
support offshore oil or gas development or production in the area 
adjacent to that coastal county.

SEC. 6. DESIGNATION OF COASTAL COUNTIES.

    For the purposes of this Act, the Secretary, after consultation 
with the Governor of each coastal State, shall determine which 
counties, parishes, boroughs, tribal governments, or other units of 
general government immediately below the level of State government 
shall be designated as coastal counties.

SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES.

    The boundaries and areas delimited under section 5 are solely for 
the purposes of this Act.
answer:
Fair Disbursement of Offshore Oil Revenue Act of 2001 - Establishes in the Treasury the Coastal Communities Outer Continental Shelf Receipt Fund.Instructs the Secretary of the Interior to: (1) pay into the Fund certain revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line; and (2) pay annually from the Fund to each coastal State one-half, and its coastal counties the other half, of such revenues as may be attributable to that State.Conditions receipt of such funds upon annual enactment by the affected coastal State and related coastal county of the legislation necessary to provide any permits required for onshore facilities needed to support offshore oil or gas development or production in the pertinent area.Prohibits disbursement of funds to a coastal State or county that fails to enact such legislation. Requires the Secretary to take such failure into consideration before offering additional leases for sale in the offshore area adjacent to such jurisdiction.Requires each State to use such funds for leasing and permitting administrative costs, and for environmental, natural resource, and educational projects.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.
answer:
Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Our Nation's Application 
Privacy Act of 2014'' or the ``SNAP Act of 2014''.

SEC. 2. ACCESS BY MOBILE APPLICATIONS TO CERTAIN DEVICE CONTENT AND 
              FUNCTIONS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Trade Commission shall promulgate 
regulations in accordance with section 553 of title 5, United States 
Code, that require--
            (1) any person who develops, sells or offers for sale, or 
        otherwise makes available to consumers a mobile application to 
        ensure that the application does not access any content or 
        functions described in subsection (b) while the application is 
        not actively in use, unless--
                    (A) the application triggers the disclosure and 
                consent functions of the mobile platform or operating 
                system described in paragraph (2); and
                    (B) the user grants affirmative express consent as 
                described in such paragraph; and
            (2) any person who develops, sells or offers for sale, or 
        otherwise makes available to consumers a mobile platform or 
        operating system to ensure that the mobile platform or 
        operating system--
                    (A) immediately before any mobile application that 
                is installed on the mobile device and that is not 
                actively in use accesses any content or functions 
                described in subsection (b), provides the user of the 
                device with a disclosure of such access and the 
                opportunity to grant affirmative express consent to 
                such access or to deny such access; and
                    (B) prevents the application from engaging in such 
                access unless the user of the device grants such 
                affirmative express consent.
    (b) Content Described.--The content and functions described in this 
subsection are the following:
            (1) Information about the geographic location of the 
        device.
            (2) Contact information of individuals stored on the 
        device.
            (3) Photographs, video recordings, or audio recordings 
        stored on the device.
            (4) Events or notations stored in a calendar application 
        (or an application with calendar functions) on the device.
            (5) A camera of the device or any information obtained from 
        such a camera.
            (6) A microphone of the device or any information obtained 
        from such a microphone.
            (7) Such additional content or functions specified by the 
        Federal Trade Commission in the regulations promulgated under 
        subsection (a) as the Commission considers necessary to protect 
        the privacy of users of mobile devices.

SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of a 
regulation promulgated under section 2 shall be treated as a violation 
of a regulation under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive 
acts or practices.
    (b) Powers of Commission.--The Federal Trade Commission shall 
enforce the regulations promulgated under section 2 in the same manner, 
by the same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this Act. Any person who violates such a regulation shall be 
subject to the penalties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Actively in use.--The term ``actively in use'' means, 
        with respect to a mobile application, that--
                    (A) the application is operating in accordance with 
                the terms of service provided by the developer of the 
                application to the user of the mobile device; and
                    (B) the user of the mobile device is interacting 
                with the application or the application is otherwise 
                operating in a manner such that a user of ordinary 
                technical expertise and experience would consider the 
                application to be active, open, or running.
            (2) Mobile application.--The term ``mobile application'' 
        means a software program that runs on the mobile platform or 
        operating system of a mobile device.
            (3) Mobile device.--The term ``mobile device'' means a 
        smartphone, tablet computer, or similar portable computing 
        device that transmits data over a wireless connection.
            (4) Mobile platform or operating system.--The term ``mobile 
        platform or operating system'' means the software that enables 
        the basic functionality of a mobile device and the installation 
        and use of mobile applications on the device.
answer:

Securing Our Nation's Application Privacy Act of 2014 or the SNAP Act of 2014 - Directs the Federal Trade Commission (FTC) to promulgate regulations that require any person who develops, sells or offers for sale, or makes available to consumers: (1) a software program that runs on the mobile platform or operating system of a mobile device (mobile application) to ensure that such application does not access specified content or functions stored on a mobile device while the application is not actively in use, unless the application triggers disclosure and consent functions of the mobile platform or operating system and the user grants affirmative express consent; and (2) a mobile platform or operating system to ensure that such platform or operating system provides device users with a disclosure immediately before any application that is not actively in use accesses any such content or functions and prevents such access unless the user grants such express consent. Specifies categories of content and functions prohibited from being accessed without consent, including: (1) geographic location; (2) contact information; (3) photographs, videos, or audio recordings; (4) events or notations stored in a calendar application; and (5) a camera, microphone, or any information obtained from such a camera or microphone. Requires violations of such regulations to be treated as unfair or deceptive acts or practice under the Federal Trade Commission Act.