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

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat 
Conservation and Restoration Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered vegetation management activity.--
                    (A) In general.--The term ``covered vegetation 
                management activity'' means any activity described in 
                subparagraph (B) that--
                            (i) is carried out on public land 
                        administered by the Bureau of Land Management;
                            (ii) meets the objectives of the order of 
                        the Secretary numbered 3336 and dated January 
                        5, 2015;
                            (iii) conforms to an applicable land use 
                        plan;
                            (iv) protects, restores, or improves 
                        greater sage-grouse or mule deer habitat in a 
                        sagebrush steppe ecosystem as described in--
                                    (I) Circular 1416 of the United 
                                States Geological Survey entitled 
                                ``Restoration Handbook for Sagebrush 
                                Steppe Ecosystems with Emphasis on 
                                Greater Sage-Grouse Habitat--Part 1. 
                                Concepts for Understanding and Applying 
                                Restoration'' (2015); or
                                    (II) the habitat guidelines for 
                                mule deer published by the Mule Deer 
                                Working Group of the Western 
                                Association of Fish and Wildlife 
                                Agencies;
                            (v) will not permanently impair--
                                    (I) the natural state of the 
                                treated area;
                                    (II) outstanding opportunities for 
                                solitude;
                                    (III) outstanding opportunities for 
                                primitive, unconfined recreation;
                                    (IV) economic opportunities 
                                consistent with multiple-use 
                                management; or
                                    (V) the identified values of a unit 
                                of the National Landscape Conservation 
                                System; and
                            (vi)(I) restores native vegetation 
                        following a natural disturbance;
                            (II) prevents the expansion into greater 
                        sage-grouse or mule deer habitat of--
                                    (aa) juniper, pinyon pine, or other 
                                associated conifers; or
                                    (bb) nonnative or invasive 
                                vegetation;
                            (III) reduces the risk of loss of greater 
                        sage-grouse or mule deer habitat from wildfire 
                        or any other natural disturbance; or
                            (IV) provides emergency stabilization of 
                        soil resources after a natural disturbance.
                    (B) Description of activities.--An activity 
                referred to in subparagraph (A) is--
                            (i) manual cutting and removal of juniper 
                        trees, pinyon pine trees, other associated 
                        conifers, or other nonnative or invasive 
                        vegetation;
                            (ii) mechanical mastication, cutting, or 
                        mowing, mechanical piling and burning, 
                        chaining, broadcast burning, or yarding;
                            (iii) removal of cheat grass, medusa head 
                        rye, or other nonnative, invasive vegetation;
                            (iv) collection and seeding or planting of 
                        native vegetation using a manual, mechanical, 
                        or aerial method;
                            (v) seeding of nonnative, noninvasive, 
                        ruderal vegetation only for the purpose of 
                        emergency stabilization;
                            (vi) targeted use of an herbicide, subject 
                        to the condition that the use shall be in 
                        accordance with applicable legal requirements, 
                        Federal agency procedures, and land use plans;
                            (vii) targeted livestock grazing to 
                        mitigate hazardous fuels and control noxious 
                        and invasive weeds;
                            (viii) temporary removal of wild horses or 
                        burros in the area in which the activity is 
                        being carried out to ensure treatment 
                        objectives are met;
                            (ix) in coordination with the affected 
                        permit holder, modification or adjustment of 
                        permissible usage under an annual plan of use 
                        of a grazing permit issued by the Secretary to 
                        achieve restoration treatment objectives;
                            (x) installation of new, or modification of 
                        existing, fencing or water sources intended to 
                        control use or improve wildlife habitat; or
                            (xi) necessary maintenance of, repairs to, 
                        rehabilitation of, or reconstruction of an 
                        existing permanent road or construction of 
                        temporary roads to accomplish the activities 
                        described in this subparagraph.
                    (C) Exclusions.--The term ``covered vegetation 
                management activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area; or
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) authorized--
                            (i) by a contract, permit, lease, other 
                        written authorization; or
                            (ii) pursuant to an emergency operation;
                    (B) not intended to be part of the permanent 
                transportation system of a Federal department or 
                agency;
                    (C) not necessary for long-term resource 
                management;
                    (D) designed in accordance with standards 
                appropriate for the intended use of the road, taking 
                into consideration--
                            (i) safety;
                            (ii) the cost of transportation; and
                            (iii) impacts to land and resources; and
                    (E) managed to minimize--
                            (i) erosion; and
                            (ii) the introduction or spread of invasive 
                        species.

SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

    (a) Categorical Exclusion.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall develop 1 or 
        more categorical exclusions (as defined in section 1508.4 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation)) for covered vegetation management activities 
        carried out to protect, restore, or improve habitat for greater 
        sage-grouse or mule deer.
            (2) Administration.--In developing and administering a 
        categorical exclusion under paragraph (1), the Secretary 
        shall--
                    (A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.);
                    (B) apply the extraordinary circumstances 
                procedures under section 220.6 of title 36, Code of 
                Federal Regulations (or successor regulations), in 
                determining whether to use the categorical exclusion; 
                and
                    (C) consider--
                            (i) the relative efficacy of landscape-
                        scale habitat projects;
                            (ii) the likelihood of continued declines 
                        in the populations of greater sage-grouse and 
                        mule deer in the absence of landscape-scale 
                        vegetation management; and
                            (iii) the need for habitat restoration 
                        activities after wildfire or other natural 
                        disturbances.
    (b) Implementation of Covered Vegetative Management Activities 
Within the Range of Greater Sage-grouse and Mule Deer.--If a 
categorical exclusion developed under subsection (a) is used to 
implement a covered vegetative management activity in an area within 
the range of both greater sage-grouse and mule deer, the covered 
vegetative management activity shall protect, restore, or improve 
habitat concurrently for both greater sage-grouse and mule deer.
    (c) Long-term Monitoring and Maintenance.--Before commencing any 
covered vegetation management activity that is covered by a categorical 
exclusion under subsection (a), the Secretary shall develop a long-term 
monitoring and maintenance plan, covering at least the 20 year-period 
beginning on the date of commencement, to ensure that management of the 
treated area does not degrade the habitat gains secured by the covered 
vegetation management activity.
    (d) Disposal of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by a categorical 
exclusion under subsection (a) may be--
            (1) used for--
                    (A) fuel wood; or
                    (B) other products; or
            (2) piled or burned, or both.
    (e) Treatment for Temporary Roads.--
            (1) In general.--Notwithstanding section 2(1)(B)(xi), any 
        temporary road constructed in carrying out a covered vegetation 
        management activity that is covered by a categorical exclusion 
        under subsection (a)--
                    (A) shall be used by the Secretary for the covered 
                vegetation management activity for not more than 2 
                years; and
                    (B) shall be decommissioned by the Secretary not 
                later than 3 years after the earlier of the date on 
                which--
                            (i) the temporary road is no longer needed; 
                        and
                            (ii) the project is completed.
            (2) Requirement.--A treatment under paragraph (1) shall 
        include reestablishing native vegetative cover--
                    (A) as soon as practicable; but
                    (B) not later than 10 years after the date of 
                completion of the applicable covered vegetation 
                management activity.

            Passed the Senate September 6, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.
[A]: Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat.  A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both.  Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Simon Wiesenthal Holocaust Education 
Assistance Act''.

SEC. 2. HOLOCAUST EDUCATIONAL PROGRAM.

    Part A of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7111 et seq.) is amended by adding at the end the 
following:

          ``Subpart 3--Holocaust Education Assistance Program

``SEC. 4131. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds the following:
            ``(1) The Holocaust was a historical event that resulted in 
        the systemic, state-sponsored, mass murders by Nazi Germany of 
        6,000,000 Jews, along with millions of others, in the name of 
        racial purity.
            ``(2) Eight States (California, Florida, Illinois, Indiana, 
        Michigan, New Jersey, New York, and Rhode Island) now mandate 
        that the Holocaust be taught in the educational curriculum, and 
        12 States (Alabama, Connecticut, Georgia, Mississippi, 
        Missouri, Nevada, North Carolina, Pennsylvania, South Carolina, 
        Tennessee, Washington, and West Virginia) recommend teaching 
        the Holocaust but the funds necessary to carry out those 
        recommendations may not be available.
            ``(3) The Holocaust is a sensitive and difficult subject to 
        teach effectively, and educators need appropriate teaching 
        tools and training to increase their knowledge of the Holocaust 
        and enhance the educational experience.
    ``(b) Statement of Purpose.--It is the purpose of this subpart--
            ``(1) to educate students in the United States so that 
        they--
                    ``(A) may explore the lessons that the Holocaust 
                provides for all people; and
                    ``(B) may be less susceptible to the falsehood of 
                Holocaust denial and to the destructive messages of 
                hate that arise from Holocaust denial; and
            ``(2) to provide resources and support for educational 
        programs that--
                    ``(A) portray accurate historical information about 
                the Holocaust;
                    ``(B) sensitize communities to the circumstances 
                that gave rise to the Holocaust;
                    ``(C) convey the lessons that the Holocaust 
                provides for all people; and
                    ``(D) develop curriculum guides and provide 
                training to help teachers incorporate the study of the 
                Holocaust and its lessons into mainstream disciplines.

``SEC. 4132. PROGRAM AUTHORIZED.

    ``(a) In General.--From funds made available under subsection (c), 
the Secretary is authorized to award grants to educational 
organizations to carry out proposed or existing Holocaust educational 
programs.
    ``(b) Contract With Nonprofit.--The Secretary is authorized to 
enter into a contract with a nonprofit organization exempt from 
taxation under section 501(c)(3) of the Internal Revenue Code of 1986 
under which the organization will encourage, accept, and administer 
voluntary private donations and gifts of money from individuals, 
corporations, foundations and other donors for the purpose of funding 
the activities under this subpart. A donation may not be accepted in 
exchange for a commitment to the donor on the part of the Secretary or 
which attaches conditions inconsistent with applicable laws and 
regulations or that is conditioned upon or will require the expenditure 
of appropriated funds that are not available to the Department, or 
which compromises a criminal or civil position of the United States or 
any of its departments or agencies or the administrative authority of 
any agency of the United States. The Secretary shall ensure that such 
contract contains provisions setting forth the criteria to be used in 
determining whether the solicitation or acceptance of a donation is 
prohibited because the donation would reflect unfavorably upon the 
ability of the Department, or any official or employee of the 
Department, to carry out its responsibilities or official duties in a 
fair and objective manner, or would compromise the integrity or the 
appearance of the integrity of its programs or any official or employee 
involved in those programs.
    ``(c) Use of Funds.--The Secretary is authorized to accept 
donations of money from the nonprofit described in subsection (b). Such 
funds shall be deposited in a special fund established in the Treasury 
of the United States titled `Holocaust Education Assistance Program 
Account' and shall remain available to the Secretary until expended, to 
the extent provided in advance in appropriations Acts, to carry out 
this subpart.

``SEC. 4133. APPLICATION.

    ``The Secretary may award a grant under this subpart only to an 
educational organization that has submitted an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.

``SEC. 4134. USE OF GRANTS.

    ``(a) In General.--An educational organization receiving a grant 
under this subpart may use the grant only to carry out the Holocaust 
education program for which the grant was provided.
    ``(b) Requirements.--An educational organization receiving a grant 
under this subpart shall comply with the following requirements:
            ``(1) Continuation of eligibility.--The educational 
        organization shall, throughout the period that the educational 
        organization receives and uses the grant, continue to be an 
        educational organization.
            ``(2) Supplementation of existing funds.--The educational 
        organization shall ensure that the grant is used to supplement, 
        and not supplant, non-Federal funds that would otherwise be 
        available to the educational organization to carry out the 
        Holocaust education program for which the grant was provided.
    ``(c) Additional Conditions.--The Secretary may require additional 
terms and conditions in connection with the use of grants provided 
under this subpart as the Secretary considers appropriate.
    ``(d) Cooperative Arrangements.--The Secretary should encourage 
educational organizations to work cooperatively with State educational 
agencies or local educational agencies in applying for and using grants 
under this subpart.

``SEC. 4135. SELECTION CRITERIA.

    ``(a) In General.--The Secretary shall award grants under this 
subpart in accordance with competitive criteria to be established by 
the Secretary.
    ``(b) Consultation With Holocaust Educators.--In establishing the 
competitive criteria under subsection (a), the Secretary shall consult 
with a number of prominent educators in the field of Holocaust 
education, to be determined by the Secretary.

``SEC. 4136. REVIEW AND SANCTIONS.

    ``(a) Annual Review.--The Secretary shall review at least annually 
each educational organization receiving a grant under this subpart to 
determine the extent to which the educational organization has complied 
with the provisions of this subpart and the regulations issued under 
this subpart.
    ``(b) Imposition of Sanctions.--The Secretary may impose one or 
more sanctions, to be determined by the Secretary, on an educational 
organization for the failure of the educational organization to comply 
substantially with the provisions of this subpart or the regulations 
issued under this subpart.

``SEC. 4137. ANNUAL REPORT.

    ``Not later than February 1 of each year, the Secretary shall 
submit to the Congress a report describing the activities carried out 
under this subpart and containing any related information that the 
Secretary considers appropriate.

``SEC. 4138. DEFINITIONS.

    ``In this subpart:
            ``(1) Educational organization.--The term `educational 
        organization' means an entity--
                    ``(A) described in section 501(c)(3) of the 
                Internal Revenue Code of 1986;
                    ``(B) exempt from tax under section 501(a) of the 
                Internal Revenue Code of 1986; and
                    ``(C) organized and operated for cultural, 
                literary, or educational purposes.
            ``(2) Holocaust education program.--The term `Holocaust 
        education program' means a program that--
                    ``(A) has as its specific and primary purpose to 
                improve awareness and understanding of the Holocaust; 
                and
                    ``(B) to achieve such purpose, furnishes one or 
                more of the following:
                            ``(i) Educational materials.
                            ``(ii) Student and school-based activities, 
                        including field trips.
                            ``(iii) Teacher training.
                            ``(iv) Any other good or service designed 
                        to improve awareness and understanding of the 
                        Holocaust.
            ``(3) Holocaust.--The term `Holocaust' means the systemic, 
        state-sponsored, mass murders by Nazi Germany of 6,000,000 
        Jews, and millions of others, in the name of racial purity.

``SEC. 4139. REGULATIONS.

    ``The Secretary shall issue any regulations necessary to carry out 
this subpart.''.

SEC. 3. CLERICAL AMENDMENT.

    The table of contents of the Elementary and Secondary Education Act 
of 1965 is amended by adding after the item relating to section 4121 
the following:

          ``Subpart 3--Holocaust Education Assistance Program

``Sec. 4131. Findings and purposes.
``Sec. 4132. Program authorized.
``Sec. 4133. Application.
``Sec. 4134. Use of grants.
``Sec. 4135. Selection criteria.
``Sec. 4136. Review and sanctions.
``Sec. 4137. Annual report.
``Sec. 4138. Definitions.
``Sec. 4139. Regulations.''.
[A]: Simon Wiesenthal Holocaust Education Assistance Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. ED may contract with a nonprofit organization to encourage, accept, and administer private donations and gifts for funding the education programs. Grants may not be used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sensible Oversight for Technology 
which Advances Regulatory Efficiency Act of 2013'' or the ``SOFTWARE 
Act of 2013''.

SEC. 2. MEDICAL SOFTWARE.

    (a) Definition of Medical Software.--Section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at 
the end the following:
    ``(ss) The term `medical software' means software that is intended 
for human or animal use and--
            ``(1)(A) is intended to be marketed to directly change the 
        structure or any function of the body of man or other animals; 
        or
            ``(B) is intended to be marketed for use by consumers and 
        makes recommendations for clinical action that--
                    ``(i) includes the use of a drug, device, or 
                procedure to cure or treat a disease or other condition 
                without requiring the involvement of a health care 
                provider; and
                    ``(ii) if followed, would change the structure or 
                any function of the body of man or other animals;
            ``(2) is not software whose primary purpose is integral to 
        the functioning of a drug or device; and
            ``(3) is not a component of a device.''.
    (b) Regulation.--Subchapter A of chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at 
the end the following:

``SEC. 524B. MEDICAL SOFTWARE.

    ``(a) In General.--The provisions of this Act shall apply with 
respect to medical software to the same extent and in the same manner 
as such provisions apply with respect to devices.
    ``(b) Delegation.--The Secretary shall delegate primary 
jurisdiction for regulating medical software to the center at the Food 
and Drug Administration charged with regulating devices.''.

SEC. 3. CLINICAL SOFTWARE AND HEALTH SOFTWARE.

    (a) Definitions.--Section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321), as amended by section 2(a), is further 
amended by adding at the end the following:
    ``(tt)(1) The term `clinical software' means clinical decision 
support software or other software (including any associated hardware 
and process dependencies) intended for human or animal use that--
            ``(A) captures, analyzes, changes, or presents patient or 
        population clinical data or information and may recommend 
        courses of clinical action, but does not directly change the 
        structure or any function of the body of man or other animals; 
        and
            ``(B) is intended to be marketed for use only by a health 
        care provider in a health care setting.
    ``(2) The term `health software' means software (including any 
associated hardware and process dependencies) that is not medical 
software or clinical software and--
            ``(A) that captures, analyzes, changes, or presents patient 
        or population clinical data or information;
            ``(B) that supports administrative or operational aspects 
        of health care and is not used in the direct delivery of 
        patient care; or
            ``(C) whose primary purpose is to act as a platform for a 
        secondary software, to run or act as a mechanism for 
        connectivity, or to store data.''.
    (b) Prohibition.--Subchapter A of chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), as amended by section 
2(b), is further amended by adding at the end the following:

``SEC. 524C. CLINICAL SOFTWARE AND HEALTH SOFTWARE.

    ``Clinical software and health software shall not be subject to 
regulation under this Act.''.
    (c) Sense of Congress.--It is the sense of the Congress that--
            (1) clinical software and health software (as defined in 
        section 201(tt) of the Federal Food, Drug, and Cosmetic Act, as 
        added by subsection (a))--
                    (A) advance the goals of enhanced patient safety 
                and continued innovation;
                    (B) hold much promise to lower costs and improve 
                the health of patients; and
                    (C) can improve the quality and efficacy of health 
                care provider services; and
            (2) the President and the Congress should work together to 
        develop and enact legislation that establishes a risk-based 
        regulatory framework for such clinical software and health 
        software that reduces regulatory burdens, promotes patient 
        safety, and fosters innovation.

SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE.

    Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321) is amended--
            (1) in paragraph (2), by striking ``or other animals, or'' 
        and inserting ``or other animals,'';
            (2) in paragraph (3), by striking ``and''; and
            (3) by inserting after paragraph (3) the following new 
        paragraphs:
            ``(4) is not medical software, or
            ``(5) is not clinical software or health software, and''.
[A]:
Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013 or the SOFTWARE Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to apply it to medical software to the same extent and in the same manner as it applies to devices. Defines &quot;medical software&quot; as software that is intended to be marketed:  to directly change the structure or any function of the body of man or other animals; or for use by consumers and makes recommendations for clinical action that includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider and which, if followed, would change the structure or any function of the body of man or other animals. Excludes from such definition software whose primary purpose is integral to the functioning of a drug or device and is not a component of a device.  Excludes clinical software and health software (defined as follows) from FDCA regulation. Defines &quot;clinical software&quot; as software that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (2) is intended for use only by a health care provider in a health care setting. Defines &quot;health software&quot; as software that is not medical software or clinical software and that: (1) captures, analyzes, changes, or presents patient or population clinical data or information or supports administrative or operational aspects of health care and is not used in the direct delivery of care; or (2) has as its primary purpose to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. Expresses the sense of Congress concerning the value of clinical software and health software to health care quality and efficacy and the need for legislation that establishes a risk-based regulatory framework that reduces regulatory burdens, promotes patient safety, and fosters innovation. Excludes medical software, clinical software, and health software from the FDCA definition of &quot;device.&quot;