In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Embassy Construction and 
Counterterrorism Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On August 17, 1998, two United States embassies in 
        Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed 
        by simultaneously exploding bombs. The resulting explosions 
        killed 220 persons and injured more than 4,000 others. Twelve 
        Americans and 40 Kenyan and Tanzanian employees of the United 
        States Foreign Service were killed in the attack.
            (2) The United States personnel in both Dar Es Salaam and 
        Nairobi showed leadership and personal courage in their 
        response to the attacks. Despite the havoc wrecked upon the 
        embassies, staff in both embassies provided rapid response in 
        locating and rescuing victims, providing emergency assistance, 
        and quickly restoring embassy operations during a crisis.
            (3) The bombs are believed to have been set by individuals 
        associated with Osama bin Laden, leader of a known 
        transnational terrorist organization. In February of 1998 Bin 
        Laden issued a directive to his followers that called for 
        attacks against American interests anywhere in the world.
            (4) Following the bombings, additional threats have been 
        made against United States diplomatic facilities.
            (5) A review board was convened following the bombings, as 
        required by Public Law 99-399. The panel was chaired by Admiral 
        William J. Crowe, United States Navy (Ret).
            (6) The conclusions of the Crowe panel are strikingly 
        similar to those stated by the Inman Commission, which issued 
        an extensive embassy security report more than 14 years ago.
            (7) Admiral Crowe's panel issued a report setting out the 
        following two striking problems:
                    (A) The United States has devoted inadequate 
                resources towards security against terrorist attacks.
                    (B) The United States Government places too low a 
                priority on security concerns. The result has been a 
                failure to take adequate steps to prevent tragedies 
                such as the bombings in Kenya and Tanzania.
            (8) The Crowe panel found that there was an institutional 
        failure on the part of the Department of State and embassies 
        under its direction, to recognize threats posed by 
        transnational terrorism and vehicular bombs.
            (9) Responsibility for obtaining adequate resources for 
        security programs is widely shared throughout the United States 
        Government, including Congress. Unless the vulnerabilities 
        identified in the Crowe report are addressed in a sustained and 
        financially realistic manner, the lives and safety of United 
        States employees in diplomatic facilities will continue to be 
        at risk from further terrorist attacks.
            (10) Although service in the Foreign Service or other 
        Government positions in foreign countries can never be 
        completely without risk, the United States must ensure that the 
        risks are kept to a minimum.

SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this Act, the term ``United States diplomatic facility'' means 
any embassy, chancery, legation, consulate or other office building or 
structure used by a United States diplomatic mission or consular post 
or by any agency of the United States.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authority.--The Secretary of State may use funds available 
under the account established in subsection (b) for the purposes of 
constructing, or providing security upgrades to, United States 
diplomatic facilities in order to meet the security requirements set 
forth in section 6.
    (b) Establishment of Account.--There is established in the general 
fund of the Treasury of the United States an appropriations account for 
the Department of State which shall be known as the ``Embassy 
Construction and Security'' account.
    (c) Certification.--Prior to obligation of any amount from the 
Embassy Construction and Security account, the Secretary of State shall 
certify to Congress, in classified form, that construction or upgrading 
of the United States diplomatic facility is necessary to bring the 
United States into compliance with all applicable security 
requirements, including those requirements set forth in section 6.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of State under ``Embassy Construction and 
        Security''--
                    (A) for fiscal year 2000, $600,000,000;
                    (B) for fiscal year 2001, $600,000,000;
                    (C) for fiscal year 2002, $600,000,000;
                    (D) for fiscal year 2003, $600,000,000; and
                    (E) for fiscal year 2004, $600,000,000.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 5. OBLIGATION OF FUNDS.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of State shall submit a classified report to 
Congress containing an identification of those United States diplomatic 
facilities that are most vulnerable to terrorist attack and setting 
out, in tiers of 20, those facilities from the most to the least 
vulnerable to such an attack.
    (b) Priority of Rebuilding Efforts.--Funds in the Embassy 
Construction and Security account allocated for construction of new 
embassies shall be used to rebuild only those embassies in the top 
three tiers, as designated by the Secretary of State.
    (c) Advanced Congressional Notifications.--Prior to obligation of 
funds in the Embassy Construction and Security account, or the 
reprogramming of funds out of that account, the Secretary of State 
shall notify the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives in 
accordance with section 34(a) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate 
or reprogram the funds, as the case may be.

SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

    (a) Description of Requirements.--The following security 
requirements shall apply with respect to United States diplomatic 
facilities:
            (1) Threat assessments.--
                    (A) The Emergency Action Plan (EAP) of each United 
                States mission shall address threats from large 
                vehicular bombs and transnational terrorism.
                    (B) The ``Composite Threat List'' shall contain a 
                section that addresses acts of international terrorism 
                against United States diplomatic facilities based on 
                criteria for identifying threats that emphasize the 
                threat of transnational terrorism and includes such 
                other criteria as the physical security environment, 
                host government support, and cultural realities.
            (2) Site selection.--
                    (A) In selecting sites for new United States 
                diplomatic facilities abroad, all United States 
                Government agencies (except military installations) 
                shall be located on the same compound.
                    (B) The Secretary of State and the relevant agency 
                head may waive subparagraph (A) if the Secretary and 
                the agency head jointly certify to Congress that 
                security requirements so permit.
                    (C) Any waiver under this paragraph shall be 
                exercised only in accordance with the procedures 
                applicable to reprogramming notifications under section 
                34 of the State Department Basic Authorities Act of 
                1956 (22 U.S.C. 2706).
            (3) Perimeter distance.--Each newly constructed or acquired 
        United States diplomatic facility shall be sited not less than 
        100 feet from the perimeter of the property on which the 
        facility is situated.
            (4) Crisis management training.--
                    (A) The appropriate personnel of the Department of 
                State shall undertake crisis management training for 
                mass casualty and mass destruction incidents relating 
                to diplomatic facilities which are designed to bring 
                about a rapid response to such incidents from 
                Department of State headquarters in Washington, D.C.
                    (B) A program of appropriate instruction in crisis 
                management shall be provided to personnel at United 
                States diplomatic facilities abroad.
            (5) Foreign emergency support team.--The Foreign Emergency 
        Support Team (FEST) of the Department of State shall receive 
        sufficient support from the Department, including--
                    (A) conducting routine training exercises through 
                the FEST;
                    (B) providing personnel identified to serve on the 
                FEST as a collateral duty;
                    (C) providing personnel to assist in medical 
                relief, public affairs, engineering, and building 
                safety; and
                    (D) providing such additional support as may be 
                necessary to enable the FEST to provide support in a 
                post-crisis environment involving mass casualties and 
                physical damage.
            (6) Rapid response procedures.--The Secretary of State 
        shall enter into a memorandum of understanding with the 
        Secretary of Defense setting out rapid response procedures for 
        mobilization of personnel and equipment of their respective 
        departments to provide more effective assistance in times of 
        emergency with respect to United States diplomatic facilities.
            (7) Storage of emergency equipment and records.--All United 
        States diplomatic missions shall have emergency equipment and 
        records stored at a secure off-site facility.
    (b) Review and Revision by the Secretary of State.--The Secretary 
of State shall review and revise security requirements in effect for 
United States diplomatic facilities as of the date of enactment of this 
Act to ensure their compliance with the security requirements described 
in subsection (a).

SEC. 7. CLOSURE OF VULNERABLE POSTS.

    (a) Review.--The Secretary of State shall review the findings of 
the Overseas Presence Advisory Panel.
    (b) Report.--
            (1) In general.--Not later than January 1, 2000, the 
        Secretary of State shall submit a report to Congress in 
        classified form setting forth the results of the review 
        conducted under subsection (a).
            (2) Elements of the report.--The report shall--
                    (A) specify whether any United States diplomatic 
                facility should be closed because--
                            (i) the facility is high vulnerability and 
                        subject to threat of terrorist attack; and
                            (ii) adequate security enhancements cannot 
                        be provided to the facility; and
                    (B) identify plans to provide secure premises for 
                permanent use by the United States diplomatic mission, 
                whether in country or in a regional United States 
                diplomatic facility, or for temporary occupancy pending 
                construction of new buildings.

SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES 
              DIPLOMATIC FACILITY.

    Not later than January 1, 2000, the Secretary of State shall submit 
a report to Congress, in classified and unclassified form, on the role 
and function of each United States diplomatic facility through 2010. 
The report shall describe--
            (1) the potential for reduction or transfer of personnel 
        and equipment if technology is adequately exploited for maximum 
        efficiencies;
            (2) the balance between the cost of maintaining a secure 
        United States diplomatic facility and the benefit of a United 
        States presence;
            (3) the potential for relying on regional United States 
        diplomatic facilities in certain parts of the world; and
            (4) necessary upgrades, in order of importance, for such 
        facilities.

SEC. 9. OVERSEAS SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is amended by 
inserting after section 36 (22 U.S.C. 2708) the following new section:

``SEC. 36A. THE OVERSEAS SERVICE STAR.

    ``(a) Authority.--The President, upon the recommendation of the 
Secretary, may award an overseas service star to any member of the 
Foreign Service or any other civilian employee of the Government of the 
United States who, after August 1, 1998, while employed at, or assigned 
permanently or temporarily to, an official mission overseas or while 
traveling abroad on official business, incurred a wound or other injury 
or an illness (whether or not the wound, other injury, or illness 
resulted in death)--
            ``(1) as the person was performing official duties;
            ``(2) as the person was on the premises of a United States 
        mission abroad; or
            ``(3) by reason of the person's status as a United States 
        Government employee.
    ``(b) Cases Resulting From Unlawful Conduct.--Cases covered by 
subsection (a) include cases of wounds or other injuries incurred as a 
result of terrorist or military action, civil unrest, or criminal 
activities directed at any facility of the Government of the United 
States.
    ``(c) Selection Criteria.--The Secretary shall prescribe the 
procedures for identifying and considering persons eligible for award 
of an overseas service star and for selecting the persons to be 
recommended for the award.
    ``(d) Award in the Event of Death.--If a person selected for award 
of an overseas service star dies before being presented the award, the 
award may be made and the star presented to the person's family or to 
the person's representative, as designated by the President.
    ``(e) Form of Award.--The Secretary shall prescribe the design of 
the overseas service star. The award may not include a stipend or any 
other cash payment.
    ``(f) Funding.--
            ``(1) Any expenses incurred for awarding a person an 
        overseas service star may be paid out of appropriations 
        available at the time of the award for personnel of the 
        department or agency of the United States Government in which 
        the person was employed when the person incurred the wound, 
        injury, or illness upon which the award is based.
            ``(2) Limitation.--No funds may be made available under 
        this section for cash payments to recipients.''.

Output: Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S.  diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations. 
(Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers. 
(Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. 
(Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010. 
(Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee.  Specifies award requirements.


Input: Consider Input: 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.

Output: 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.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Flow of Information Act of 
2007''.

SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS.

    (a) Conditions for Compelled Disclosure.--In any proceeding or in 
connection with any issue arising under Federal law, a Federal entity 
may not compel a covered person to provide testimony or produce any 
document related to information possessed by such covered person as 
part of engaging in journalism, unless a court determines by a 
preponderance of the evidence, after providing notice and an 
opportunity to be heard to such covered person--
            (1) that the party seeking to compel production of such 
        testimony or document has exhausted all reasonable alternative 
        sources (other than a covered person) of the testimony or 
        document;
            (2) that--
                    (A) in a criminal investigation or prosecution, 
                based on information obtained from a person other than 
                the covered person--
                            (i) there are reasonable grounds to believe 
                        that a crime has occurred; and
                            (ii) the testimony or document sought is 
                        essential to the investigation or prosecution 
                        or to the defense against the prosecution; or
                    (B) in a matter other than a criminal investigation 
                or prosecution, based on information obtained from a 
                person other than the covered person, the testimony or 
                document sought is essential to the successful 
                completion of the matter;
            (3) in the case that the testimony or document sought could 
        reveal the identity of a source of information or include any 
        information that could reasonably be expected to lead to the 
        discovery of the identity of such a source, that--
                    (A) disclosure of the identity of such a source is 
                necessary to prevent imminent and actual harm to 
                national security with the objective to prevent such 
                harm;
                    (B) disclosure of the identity of such a source is 
                necessary to prevent imminent death or significant 
                bodily harm with the objective to prevent such death or 
                harm, respectively; or
                    (C) disclosure of the identity of such a source is 
                necessary to identify a person who has disclosed--
                            (i) a trade secret of significant value in 
                        violation of a State or Federal law;
                            (ii) individually identifiable health 
                        information, as such term is defined in section 
                        1171(6) of the Social Security Act (42 U.S.C. 
                        1320d(6)), in violation of Federal law; or
                            (iii) nonpublic personal information, as 
                        such term is defined in section 509(4) of the 
                        Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of 
                        any consumer in violation of Federal law; and
            (4) that nondisclosure of the information would be contrary 
        to the public interest, taking into account both the public 
        interest in compelling disclosure and the public interest in 
        gathering news and maintaining the free flow of information.
    (b) Limitations on Content of Information.--The content of any 
testimony or document that is compelled under subsection (a) shall, to 
the extent possible--
            (1) be limited to the purpose of verifying published 
        information or describing any surrounding circumstances 
        relevant to the accuracy of such published information; and
            (2) be narrowly tailored in subject matter and period of 
        time covered so as to avoid compelling production of 
        peripheral, nonessential, or speculative information.

SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS.

    (a) Conditions for Compelled Disclosure.--With respect to testimony 
or any document consisting of any record, information, or other 
communication that relates to a business transaction between a 
communications service provider and a covered person, section 2 shall 
apply to such testimony or document if sought from the communications 
service provider in the same manner that such section applies to any 
testimony or document sought from a covered person.
    (b) Notice and Opportunity Provided to Covered Persons.--A court 
may compel the testimony or disclosure of a document under this section 
only after the party seeking such a document provides the covered 
person who is a party to the business transaction described in 
subsection (a)--
            (1) notice of the subpoena or other compulsory request for 
        such testimony or disclosure from the communications service 
        provider not later than the time at which such subpoena or 
        request is issued to the communications service provider; and
            (2) an opportunity to be heard before the court before the 
        time at which the testimony or disclosure is compelled.
    (c) Exception to Notice Requirement.--Notice under subsection 
(b)(1) may be delayed only if the court involved determines by clear 
and convincing evidence that such notice would pose a substantial 
threat to the integrity of a criminal investigation.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Communications service provider.--The term 
        ``communications service provider''--
                    (A) means any person that transmits information of 
                the customer's choosing by electronic means; and
                    (B) includes a telecommunications carrier, an 
                information service provider, an interactive computer 
                service provider, and an information content provider 
                (as such terms are defined in sections 3 and 230 of the 
                Communications Act of 1934 (47 U.S.C. 153, 230)).
            (2) Covered person.--The term ``covered person'' means a 
        person engaged in journalism and includes a supervisor, 
        employer, parent, subsidiary, or affiliate of such covered 
        person.
            (3) Document.--The term ``document'' means writings, 
        recordings, and photographs, as those terms are defined by 
        Federal Rule of Evidence 1001 (28 U.S.C. App.).
            (4) Federal entity.--The term ``Federal entity'' means an 
        entity or employee of the judicial or executive branch or an 
        administrative agency of the Federal Government with the power 
        to issue a subpoena or issue other compulsory process.
            (5) Journalism.--The term ``journalism'' means the 
        gathering, preparing, collecting, photographing, recording, 
        writing, editing, reporting, or publishing of news or 
        information that concerns local, national, or international 
        events or other matters of public interest for dissemination to 
        the public.


Output: Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence.

Requires the content of compelled testimony or documents to be limited and narrowly tailored.

Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.