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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Firearm Marketing Safety 
Act''.

SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHILDREN.

    (a) Conduct Prohibited.--Not later than one year after the date of 
the enactment of this Act, the Federal Trade Commission shall 
promulgate rules in accordance with section 553 of title 5, United 
States Code, to prohibit any person from marketing firearms to 
children. Such rules shall include the following:
            (1) A prohibition on the use of cartoon characters to 
        promote firearms and firearm products.
            (2) A prohibition on firearm brand name merchandise 
        marketed for children (such as hats, t-shirts, and stuffed 
        animals).
            (3) A prohibition on the use of firearm marketing campaigns 
        with the specific intent to appeal to children.
            (4) A prohibition on the manufacturing of a gun with colors 
        or designs that are specifically designed with the purpose to 
        appeal to children.
            (5) A prohibition on the manufacturing of a gun intended 
        for use by children that does not clearly and conspicuously 
        note the risk posed by the firearm by labeling somewhere 
        visible on the firearm any of the following:
                    (A) ``Real gun, not a toy.''.
                    (B) ``Actual firearm the use of which may result in 
                death or serious bodily injury.''.
                    (C) ``Dangerous weapon''.
                    (D) Other similar language determined by the 
                Federal Trade Commission.
    (b) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a rule promulgated under subsection (a) 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.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this Act in the same manner, by the same means, 
        and with the same jurisdiction as though all applicable terms 
        and provisions of the Federal Trade Commission Act were 
        incorporated into and made a part of this Act. Any person who 
        violates the regulations promulgated under subsection (a) shall 
        be subject to the penalties and entitled to the privileges and 
        immunities provided in the Federal Trade Commission Act.
    (c) Actions by States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of such State has been or is threatened or adversely 
        affected by an act or practice in violation of a rule 
        promulgated under subsection (a), the State, as parens patriae, 
        may bring a civil action on behalf of the residents of the 
        State in an appropriate State court to--
                    (A) enjoin such act or practice;
                    (B) enforce compliance with such rule;
                    (C) obtain damages, restitution, or other 
                compensation on behalf of residents of the State; or
                    (D) obtain such other legal and equitable relief as 
                the court may consider to be appropriate.
            (2) Notice.--Before filing an action under this subsection, 
        the attorney general, official, or agency of the State involved 
        shall provide to the Federal Trade Commission a written notice 
        of such action and a copy of the complaint for such action. If 
        the attorney general, official, or agency determines that it is 
        not feasible to provide the notice described in this paragraph 
        before the filing of the action, the attorney general, 
        official, or agency shall provide written notice of the action 
        and a copy of the complaint to the Federal Trade Commission 
        immediately upon the filing of the action.
            (3) Authority of federal trade commission.--
                    (A) In general.--On receiving notice under 
                paragraph (2) of an action under this subsection, the 
                Federal Trade Commission shall have the right--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (B) Limitation on state action while federal action 
                is pending.--If the Federal Trade Commission or the 
                Attorney General of the United States has instituted a 
                civil action for violation of a rule promulgated under 
                subsection (a) (referred to in this subparagraph as the 
                ``Federal action''), no State attorney general, 
                official, or agency may bring an action under this 
                subsection during the pendency of the Federal action 
                against any defendant named in the complaint in the 
                Federal action for any violation of such rule alleged 
                in such complaint.
            (4) Rule of construction.--For purposes of bringing a civil 
        action under this subsection, nothing in this Act shall be 
        construed to prevent an attorney general, official, or agency 
        of a State from exercising the powers conferred on the attorney 
        general, official, or agency by the laws of such State to 
        conduct investigations, administer oaths and affirmations, or 
        compel the attendance of witnesses or the production of 
        documentary and other evidence.
    (d) Definitions.--In this section:
            (1) Child.--The term ``child'' means an individual that is 
        less than 18 years of age.
            (2) Firearm.--The term ``firearm'' has the meaning given 
        that term in section 921 of title 18, United States Code.
Children's Firearm Marketing Safety Act - Directs the Federal Trade Commission (FTC) to promulgate rules to prohibit the marketing of firearms to children, including prohibitions against:   the use of cartoon characters to promote firearms and firearm products,  firearm brand name merchandise marketed for children, the use of firearm marketing campaigns with the specific intent to appeal to children, the manufacturing of a gun with colors or designs that are specifically designed to appeal to children, and  the manufacturing of a gun intended for use by children that does not clearly and conspicuously note, by specified warnings on the firearm, the risk posed by the firearm by labeling somewhere visible on the firearm.  Treats violations of such rules as violations of Federal Trade Commission Act regulations regarding unfair or deceptive acts or practices. Provides for enforcement of this Act by the FTC and through civil actions by state attorneys general.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scientifically Identifying the Need 
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)(A)) is amended to read as follows:
            ``(A) may designate any habitat of a species that is 
        determined under paragraph (1) to be an endangered species or 
        threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) Use of Certain Data.--In any case in which the Secretary is 
required by this Act to use the best scientific and commercial data 
available, the Secretary, in evaluating comparable data, shall give 
greater weight to scientific or commercial data that is empirical or 
has been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Use of Sound Science in Listing.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(10) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.
    (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding 
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal 
Register with the notice of a proposed regulation pursuant to paragraph 
(5)(A)(i) a description of additional scientific and commercial data 
that would assist in the preparation of a recovery plan and--
            ``(i) invite any person to submit the data to the 
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take 
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall 
be considered by the recovery team and the Secretary in the preparation 
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the development of a recovery plan 
                        for a threatened species or endangered species 
                        under subsection (f); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a) or (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the referees selected 
        pursuant to this section shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the species in 
        question.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
                shall actively solicit and consider information from 
                the State agency in each affected State.''.
    (b) Opportunity to Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (a)) is further amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.
Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Life-Saving Service 
Heritage Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States Life-Saving Service was organized by 
        the Congress by enactment of the Act entitled ``An Act to 
        organize the Life-Saving-Service'', approved June 18, 1878 
        (chapter 265; 20 Stat. 163 et seq.).
            (2) These lifesaving stations were staffed by brave 
        volunteer and professional lifesavers, who risked life and limb 
        to rescue shipwrecked passengers and crews.
            (3) Many surviving Life-Saving Service stations are of rare 
        architectural significance, yet these historic stations are 
        threatened by harsh coastal environments, rapid economic 
        development in the coastal zone, neglect, and lack of resources 
        for their preservation.
            (4) The heroic actions of Life-Saving Service personnel 
        deserve greater recognition, and their contributions to 
        America's maritime history should be celebrated through a 
        comprehensive preservation program and greater opportunities 
        for the public's education about the heritage of the Life-
        Saving Service.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary 
of the Interior to establish a program to inventory, evaluate, 
document, and assist efforts to preserve surviving Life-Saving Service 
stations.

SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM.

    (a) In General.--The Secretary of the Interior, through the 
National Maritime Initiative of the National Park Service, shall 
establish a program in accordance with this section to inventory, 
evaluate, document, and assist efforts to preserve surviving United 
States Life-Saving Service stations.
    (b) Inventory, Documentation, and Evaluation.--The Secretary, in 
cooperation with the U.S. Life-Saving Service Heritage Association, 
shall--
            (1) survey coastal regions of the United States to identify 
        and prepare an inventory of surviving historic lifesaving 
        stations;
            (2) document the designs of significant existing structures 
        and lifesaving boats of historic lifesaving stations, for 
        inclusion in the Historic American Engineering Record 
        Collection; and
            (3) evaluate historic lifesaving stations, including--
                    (A) assessing the historic significance, integrity, 
                and condition of surviving historic lifesaving 
                stations; and
                    (B) making recommendations for outstanding examples 
                of historic lifesaving stations that should be 
                designated as National Historic Landmarks.
    (c) Technical Assistance, Educational Materials, Research Aids, and 
Other Information.--The Secretary shall--
            (1) serve as a clearinghouse of information for persons 
        interested in preserving historic lifesaving stations; and
            (2) make available to the public, including through the 
        Internet, educational materials, research aids, guides, 
        bibliographies, and other information regarding the Life-Saving 
        Service and related organizations that provided humanitarian 
        assistance to shipwrecked mariners, including--
                    (A) information on the history and development of 
                the Life-Saving Service, predecessor private and State 
                lifesaving organizations, and Coast Guard lifesaving 
                stations;
                    (B) technical descriptions of lifesaving boats, 
                line-guns, life cars, and other lifesaving gear;
                    (C) the inventory, documentation, and evaluation 
                prepared under subsection (b); and
                    (D) guidance and technical assistance in the 
                listing of historic lifesaving stations in the National 
                Register of Historic Places.
    (d) Grants.--
            (1) In general.--The Secretary, subject to the availability 
        of appropriations, shall make grants to coordinate and assist 
        preservation of historic lifesaving stations.
            (2) Cost share.--The Federal share of the cost of an 
        activity carried out with financial assistance under this 
        subsection shall not exceed 75 percent of the total cost of the 
        activity.
    (e) Definitions.--In this section:
            (1) Historic lifesaving station.--The term ``historic 
        lifesaving station'' means any land, structure, equipment, or 
        other physical artifact or facility formerly under the 
        jurisdiction or control of the Life-Saving Service, including 
        lifesaving stations, sailor's refuges, shipwreck survivors' 
        cache sites, and lifeboats.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the National Maritime 
        Initiative of the National Park Service.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            (1) for use in making grants under subsection (d), 
        $5,000,000 for each of fiscal years 2004 through 2008; and
            (2) for carrying out the other provisions of this section 
        $500,000 for each of fiscal years 2004 through 2008.

United States Life-Saving Service Heritage Act - Directs the Secretary of the Interior, through the National Maritime Initiative of the National Park Service, to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving U.S. Life-Saving Service stations.Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations; (2) make information regarding the Service and related organizations that provided humanitarian assistance to shipwrecked mariners available to the public; and (3) make grants to coordinate and assist such preservation.