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

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Treatment Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental 
                            Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

SEC. 101. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Compliance guide.--The term ``compliance guide'' means 
        a publication made by a covered agency under section 102(a).
            (2) Covered agency.--The term ``covered agency'' means any 
        agency that, on the date of enactment of this Act, has 
        promulgated any rule for which a regulatory flexibility 
        analysis was required under section 605 of title 5, United 
        States Code, and any other agency that promulgates any such 
        rule, as of the date of enactment of this Act.
            (3) No action letter.--The term ``no action letter'' means 
        a written determination from a covered agency stating that, 
        based on a no action request submitted to the agency by a small 
        entity, the agency will not take enforcement action against the 
        small entity under the rules of the covered agency.
            (4) No action request.--The term ``no action request'' 
        means a written correspondence submitted by a small entity to a 
        covered agency--
                    (A) stating a set of facts; and
                    (B) requesting a determination by the agency of 
                whether the agency would take an enforcement action 
                against the small entity based on such facts and the 
                application of any rule of the agency.
            (5) Rule.--The term ``rule'' has the same meaning as in 
        section 601(2) of title 5, United States Code.
            (6) Small entity.--The term ``small entity'' has the same 
        meaning as in section 601(6) of title 5, United States Code.
            (7) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act.
            (8) Voluntary self-audit.--The term ``voluntary self-
        audit'' means an audit, assessment, or review of any operation, 
        practice, or condition of a small entity that--
                    (A) is initiated by an officer, employee, or agent 
                of the small entity; and
                    (B) is not required by law.

SEC. 102. COMPLIANCE GUIDES.

    (a) Compliance Guide.--
            (1) Publication.--If a covered agency is required to 
        prepare a regulatory flexibility analysis for a rule or group 
        of related rules under section 603 of title 5, United States 
        Code, the agency shall publish a compliance guide for such rule 
        or group of related rules.
            (2) Requirements.--Each compliance guide published under 
        paragraph (1) shall--
                    (A) contain a summary description of the rule or 
                group of related rules;
                    (B) contain a citation to the location of the 
                complete rule or group of related rules in the Federal 
                Register;
                    (C) provide notice to small entities of the 
                requirements under the rule or group of related rules 
                and explain the actions that a small entity is required 
                to take to comply with the rule or group of related 
                rules;
                    (D) be written in a manner to be understood by the 
                average owner or manager of a small entity; and
                    (E) be updated as required to reflect changes in 
                the rule.
    (b) Dissemination.--
            (1) In general.--Each covered agency shall establish a 
        system to ensure that compliance guides required under this 
        section are published, disseminated, and made easily available 
        to small entities.
            (2) Small business development centers.--In carrying out 
        this subsection, each covered agency shall provide sufficient 
        numbers of compliance guides to small business development 
        centers for distribution to small businesses concerns.
    (c) Limitation on Enforcement.--
            (1) In general.--No covered agency may bring an enforcement 
        action in any Federal court or in any Federal administrative 
        proceeding against a small entity to enforce a rule for which a 
        compliance guide is not published and disseminated by the 
        covered agency as required under this section.
            (2) Effective dates.--This subsection shall take effect--
                    (A) 1 year after the date of the enactment of this 
                Act with regard to a final regulation in effect on the 
                date of the enactment of this Act; and
                    (B) on the date of the enactment of this Act with 
                regard to a regulation that takes effect as a final 
                regulation after such date of enactment.

SEC. 103. NO ACTION LETTER.

    (a) Application.--This section applies to all covered agencies, 
except--
            (1) the Federal Trade Commission;
            (2) the Equal Employment Opportunity Commission; and
            (3) the Consumer Product Safety Commission.
    (b) Issuance of No Action Letter.--Not later than 90 days after the 
date on which a covered agency receives a no action request, the agency 
shall--
            (1) make a determination regarding whether to grant the no 
        action request, deny the no action request, or seek further 
        information regarding the no action request; and
            (2) if the agency makes a determination under paragraph (1) 
        to grant the no action request, issue a no action letter and 
        transmit the letter to the requesting small entity.
    (c) Reliance on No Action Letter or Compliance Guide.--In any 
enforcement action brought by a covered agency in any Federal court or 
Federal administrative proceeding against a small entity, the small 
entity shall have a complete defense to any allegation of noncompliance 
or violation of a rule if the small entity affirmatively pleads and 
proves by a preponderance of the evidence that the act or omission 
constituting the alleged noncompliance or violation was taken in good 
faith with and in reliance on--
            (1) a no action letter from that agency; or
            (2) a compliance guide of the applicable rule published by 
        the agency under section 102(a).

SEC. 104. VOLUNTARY SELF-AUDITS.

    (a) Procedures.--Each agency shall establish voluntary self-audit 
procedures for small entities regulated by the agency.
    (b) Inadmissibility of Evidence and Limitation on Discovery.--If 
action to address a violation is taken not later than 180 days after 
the date on which a voluntary self-audit is concluded, the evidence 
described in subsection (c)--
            (1) shall not be admissible, unless agreed to by the small 
        entity, in any enforcement action brought against a small 
        entity by a Federal agency in any Federal--
                    (A) court; or
                    (B) administrative proceeding; and
            (2) may not be the subject of discovery in any enforcement 
        action brought against a small entity by a Federal agency in 
        any Federal--
                    (A) court; or
                    (B) administrative proceeding.
    (c) Application.--For purposes of subsection (b), the evidence 
described in this subsection is--
            (1) a voluntary self-audit made in good faith; and
            (2) any report, finding, opinion, or any other oral or 
        written communication made in good faith relating to such 
        voluntary self-audit.
    (d) Exceptions.--Subsection (b) shall not apply if--
            (1) the act or omission that forms the basis of the 
        enforcement action is a violation of criminal law; or
            (2) the voluntary self-audit or the report, finding, 
        opinion, or other oral or written communication was prepared 
        for the purpose of avoiding disclosure of information required 
        for an investigative, administrative, or judicial proceeding 
        that, at the time of preparation, was imminent or in progress.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PERFORMANCE MEASURES.

    No covered agency shall establish or enforce agency personnel 
practices that reward agency employees, directly or indirectly, based 
on the number of contacts made with small entities in pursuit of 
enforcement actions or on the amount of fines levied against small 
entities to enforce agency regulations.

SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL 
              PROTECTION AGENCY REGULATIONS.

    (a) In General.--Subject to subsection (b), for violations of 
regulations identified on or after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall afford 
small entities 180 days after the date on which the violation is 
identified to correct such violation.
    (b) Exception.--Subsection (a) shall not apply--
            (1) if the Administrator of the Environmental Protection 
        Agency determines that there is an imminent risk to public 
        health or worker safety; or
            (2) to a violation of a regulation for which criminal 
        liability may be imposed.

SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.

    Notwithstanding any other law, policy, or practice, a covered 
agency may waive all or part of a punitive fine that would otherwise be 
imposed on a small entity if--
            (1) the fine is for a first time violation of a law or 
        regulation; and
            (2) the small entity acts quickly and in good faith to 
        correct the violation.
Example Output: TABLE OF CONTENTS: 
     Title I:  Regulatory Simplification and Voluntary Compliance 
     Title II:  Miscellaneous Provisions 
Small Business Fair Treatment Act of 1995 - 
Title I:  Regulatory Simplification and Voluntary Compliance
 - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which:  (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers.  Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. 
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request).  Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. 
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. 
Title II:  Miscellaneous Provisions
 - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. 
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. 
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity:  (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Travel Facilitation and Safety Act 
of 2015''.

SEC. 2. RECOVERY OF INITIAL PRECLEARANCE OPERATION COSTS.

    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner of U.S. Customs and Border Protection may enter into a 
cost sharing agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or maintained if--
            (1) an executive agreement to establish or maintain such 
        preclearance operations pursuant to the authorities under 
        section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
        section 103(a)(7) of the Immigration and Nationality Act (8 
        U.S.C. 1103(a)(7)) has been signed, but has not yet entered 
        into force; and
            (2) U.S. Customs and Border Protection has incurred, or 
        expects to incur, initial preclearance operations costs in 
        order to establish or maintain preclearance operations under 
        the agreement described in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(e)) and section 286(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement 
        authorized under subsection (a) may provide for the airport 
        authority's payment to U.S. Customs and Border Protection of 
        its initial preclearance operations costs.
            (2) Timing of payments.--The airport authority's payment to 
        U.S. Customs and Border Protection for its initial preclearance 
        operations costs may be made in advance of the incurrence of 
        the costs or on a reimbursable basis.
    (c) Account.--
            (1) In general.--All amounts collected pursuant to any cost 
        sharing agreement authorized under subsection (a)--
                    (A) shall be credited as offsetting collections to 
                the currently applicable appropriation, account, or 
                fund of U.S. Customs and Border Protection;
                    (B) shall remain available, until expended, for the 
                purposes for which such appropriation, account, or fund 
                is authorized to be used; and
                    (C) may be collected and shall be available only to 
                the extent provided in appropriations Acts.
            (2) Return of unused funds.--Any advances or reimbursements 
        not used by U.S. Customs and Border Protection may be returned 
        to the relevant airport authority.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to preclude the use of appropriated funds, from 
        sources other than the payments collected under this Act, to 
        pay initial preclearance operation costs.
    (d) Initial Preclearance Operations Costs Defined.--
            (1) In general.--In this section, the term ``initial 
        preclearance operations costs'' means the costs incurred, or 
        expected to be incurred, by U.S. Customs and Border Protection 
        to establish or maintain preclearance operations at an airport 
        in a foreign country, including costs relating to--
                    (A) hiring, training, and equipping new officers of 
                U.S. Customs and Border Protection who will be 
                stationed at United States domestic ports of entry or 
                other facilities of U.S. Customs and Border Protection 
                to backfill such officers to be stationed at an airport 
                in a foreign country to conduct preclearance 
                operations; and
                    (B) visits to the airport authority conducted by 
                personnel of U.S. Customs and Border Protection 
                necessary to prepare for the establishment or 
                maintenance of preclearance operations at such airport, 
                including the compensation, travel expenses, and 
                allowances payable to such personnel attributable to 
                such visits.
            (2) Exception.--The costs described in paragraph (1)(A) 
        shall not include the salaries and benefits of new officers of 
        U.S. Customs and Border Protection once such officers are 
        permanently stationed at a domestic United States port of entry 
        or other domestic facility of U.S. Customs and Border 
        Protection after being hired, trained, and equipped.

SEC. 3. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION 
              INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.

    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting ``Reimbursements under this 
subsection may be collected in advance of the provision of such 
immigration inspection services. Notwithstanding subsection (h)(1)(B), 
and only to the extent provided in appropriations Acts, any amounts 
collected under this subsection shall be credited as offsetting 
collections to the currently applicable appropriation, account, or fund 
of U.S. Customs and Border Protection, remain available until expended, 
and be available for the purposes for which such appropriation, 
account, or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
            ``(1) may be collected in advance of the provision of such 
        activities;
            ``(2) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            ``(3) shall remain available until expended;
            ``(4) shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used; and
            ``(5) may be collected and shall be available only to the 
        extent provided in appropriations Acts.''.

SEC. 4. EXPANSION OF PRECLEARANCE AT FOREIGN AIRPORTS.

    (a) Findings.--Congress makes the following findings:
            (1) Preclearance operations provide the ultimate ability 
        for the United States to address potential threats at the 
        earliest possible moment and prior to departure, through the 
        forward deployment of officers of U.S. Customs and Border 
        Protection to last points of departure in a foreign country.
            (2) With inspections and examination operations of U.S. 
        Customs and Border Protection located in a foreign country, 
        preclearance provides the capability to interdict, address, and 
        work with host-country law enforcement in furtherance of both 
        aviation security and border security in the United States.
            (3) Under current preclearance operations, officers of the 
        U.S. Customs and Border Protection collect biometrics in the 
        same way that is currently done upon arrival in the United 
        States, in accordance with current regulation, and as part of 
        the routine entry process from certain aliens who are not 
        citizens of the United States prior to boarding flights 
        destined to the United States.
            (4) Preclearance operations provide the best means for 
        existing and future biometric security capabilities beyond the 
        United States. Support for preclearance expansion will greatly 
        increase border and aviation security in the United States and 
        foreign countries.
    (b) Sense of Congress.--It is the sense of Congress that each 
country designated as a visa waiver program country under section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) should seek to 
participate in the preclearance program with the United States, to 
jointly address security concerns through additional exchange of 
information and to improve joint ability to secure the that visa waiver 
program while maintaining the original intent of the program.

SEC. 5. BIOMETRIC DEMONSTRATION PROGRAMS AT PRECLEARANCE LOCATIONS.

    (a) Authority.--The Secretary of Homeland Security is authorized to 
select preclearance locations, including preclearance expansion 
locations, and enter into an agreement with a foreign government or 
airport to conduct a collaborative biometric demonstration program at 
such a location to test emerging biometric technologies. The scope of 
the demonstration program may encompass travelers other than those 
utilizing preclearance at such a location, provided that such program 
includes means for information sharing with U.S. Customs and Border 
Protection operations.
    (b) International Cooperation and Coordination.--Section 233(a) of 
the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 
983(a)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting ``, and to establish and maintain, in partnership 
        with foreign governments, demonstration programs to test 
        emerging biometric technologies at foreign airports at which 
        the Secretary has established preclearance operations.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (C) by adding the following:
                    ``(C) lease, loan, provide, or otherwise assist in 
                the deployment of biometric technologies at foreign 
                airports at which the Secretary has established 
                preclearance operations under such terms and conditions 
                as the Secretary prescribes, including nonreimbursable 
                loans or the transfer of ownership of such 
                technologies, and provide the necessary training and 
                technical assistance related to the biometric 
                demonstration programs referred to in paragraph (1).''.

SEC. 6. VISA WAIVER PROGRAM REQUIREMENTS.

    (a) Information Sharing Process.--The Director of National 
Intelligence shall--
            (1) develop a process to share information derived from the 
        Terrorist Identities Datamart Environment (TIDE) database and 
        the Terrorist Screening Database (TSDB), including biometric 
        and biographic information, with countries participating in the 
        visa waiver program established under section 217(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1187(a)); and
            (2) not later than 1 year after the date of the enactment 
        of this Act, certify to Congress that such process may be 
        utilized by such countries.
    (b) Continuing Qualification and Designation Terminations.--
Subsection (c) of section 217 of the Immigration and Nationality Act (8 
U.S.C. 1187) is amended--
            (1) in paragraph (1), by striking ``Attorney General,'' and 
        inserting ``Secretary of Homeland Security,''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (C)(iii)--
                            (i) by striking ``and the Committee on 
                        International Relations'' and inserting ``, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Homeland Security''; and
                            (ii) by striking ``and the Committee on 
                        Foreign Relations'' and inserting ``, the 
                        Committee on Foreign Relations, and the 
                        Committee on Homeland Security and Governmental 
                        Affairs''; and
                    (B) by adding at the end the following:
                    ``(G) Border security.--The government of the 
                country utilizes the process developed by the Director 
                of National Intelligence under section 6(a) of the 
                Travel Facilitation and Safety Act of 2015 to utilize 
                information derived from the Terrorist Identities 
                Datamart Environment (TIDE) database and the Terrorist 
                Screening Database (TSDB) for border security and 
                immigration purposes, including the screening of aliens 
                seeking asylum or refugee status in that country.''.
Example Output: Travel Facilitation and Safety Act of 2015 This bill authorizes the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) to enter into cost-sharing agreements with airport authorities in foreign countries at which preclearance operations will be established or maintained if certain circumstances apply. Any cost-sharing agreement may provide for an airport authority's payment to the CBP of its initial preclearance operations costs. The Immigration and Nationality Act is amended with respect to reimbursements to the Department of Justice received from commercial aircraft or vessel owners, operators, or agents, or from any airport or seaport authority, for expenses incurred for immigration inspection services they have requested. Such reimbursements may be collected in advance of those services, and shall be credited as offsetting collections to the currently applicable CBP appropriation, account, or fund. The Farm Security and Rural Investment Act of 2002 is amended to make the same disposition for reimbursements to the Department of Agriculture for preclearance of animals or articles at locations outside the United States for movement into the United States. The bill expresses the sense of Congress that each visa waiver program country should seek to participate in the U.S. preclearance program. DHS may select preclearance locations and enter into agreements with foreign governments or airports to conduct a collaborative demonstration program at those locations to test emerging biometric technologies.  The Office of the Director of National Intelligence shall develop a process to share information derived from the Terrorist Identities Datamart Environment database and the Terrorist Screening Database with countries participating in the visa waiver program.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telephone Slamming Prevention Act of 
1998''.

SEC. 2. IMPROVEMENTS OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF 
              PROVIDERS OF TELEPHONE SERVICE.

    (a) Clarification of Verification Procedures.--Subsection (a) of 
section 258 of the Communications Act of 1934 (47 U.S.C. 258) is 
amended to read as follows:
    ``(a) Prohibition.--
            ``(1) In general.--No telecommunications carrier shall 
        submit or execute a change in a subscriber's selection of a 
        provider of telephone exchange service or telephone toll 
        service except in accordance with this section and such 
        verification procedures as the Commission shall prescribe.
            ``(2) Verification.--The procedures prescribed by the 
        Commission to verify a subscriber's selection of a telephone 
        exchange service or telephone toll service provider shall--
                    ``(A) preclude the use of negative option letters 
                of agency as a verification method; and
                    ``(B) require the retention of the verification of 
                a subscriber's selection in such manner and form and 
                for such time as the Commission considers 
                appropriate.''.
    (b) Liability for Charges.--Subsection (b) of such section is 
amended--
            (1) by striking ``(b) Liability for Charges.--Any 
        telecommunications carrier'' and inserting the following:
    ``(b) Liability for Charges.--
            ``(1) In general.--Any telecommunications carrier'';
            (2) by designating the second sentence as paragraph (3) and 
        inserting at the beginning of such paragraph, as so designated, 
        the following:
            ``(3) Construction of remedies.--''; and
            (3) by inserting after paragraph (1), as designated by 
        paragraph (1) of this subsection, the following:
            ``(2) Subscriber payment option.--
                    ``(A) In general.--A subscriber whose telephone 
                exchange service or telephone toll service is changed 
                in violation of the procedures prescribed under 
                subsection (a) may elect to pay the carrier previously 
                selected by the subscriber for any such service 
                received after the change in full satisfaction of 
                amounts due from the subscriber to the carrier 
                providing such service after the change.
                    ``(B) Payment rate.--Payment for service under 
                subparagraph (A) shall be at the rate for such service 
                charged by the carrier previously selected by the 
                subscriber concerned.''.
    (c) Additional Penalties.--Such section is further amended by 
adding at the end the following:
    ``(c) Civil Penalties.--
            ``(1) In general.--Unless the Commission determines that 
        there are mitigating circumstances, any telecommunications 
        carrier who submits or executes a change in a provider of 
        telephone exchange service or telephone toll service in 
        violation of the procedures prescribed under subsection (a) 
        shall be fined a minimum of $50,000 for the first offense and 
        shall be fined a minimum of $100,000 for any subsequent 
        offense.
            ``(2) Penalties for activities of agents and resellers.--
        The Commission may assess penalties for violations of the 
        procedures prescribed under subsection (a) in the case of a 
        carrier that submits or executes unauthorized changes on behalf 
        of its agents or resellers if the carrier meets such conditions 
        as the Commission shall prescribe in regulations.
    ``(d) Criminal Penalties.--Any person who submits or executes a 
change in a provider of telephone exchange service or telephone toll 
service in willful violation of the procedures prescribed under 
subsection (a)--
            ``(1) shall be fined in accordance with title 18, United 
        States Code, imprisoned not more than 1 year, or both; but
            ``(2) if previously convicted under this subsection at the 
        time of a subsequent offense, shall be fined in accordance with 
        title 18, United States Code, imprisoned not more than 5 years, 
        or both, for such subsequent offense.
    ``(e) Disqualification From Certain Activities.--
            ``(1) Disqualification of persons.--Subject to paragraph 
        (3), any person convicted under subsection (d), in addition to 
        any fines or imprisonment under that subsection, may not carry 
        out any activities covered by section 214.
            ``(2) Disqualification of companies.--Subject to paragraph 
        (3), any company substantially controlled by a person convicted 
        under subsection (d) may not carry out any activities covered 
        by section 214.
            ``(3) Reinstatement.--
                    ``(A) In general.--The Commission may terminate the 
                application of paragraph (1) or (2) of this subsection 
to a person or company, as the case may be, if the Commission 
determines that the termination would be in the public interest.
                    ``(B) Effective date.--The termination of the 
                applicability of paragraph (1) or (2) to a person or 
                company, as the case may be, under subparagraph (A) may 
                not take effect earlier than 5 years after the date on 
                which the applicable paragraph applied to the person or 
                company.
    ``(f) Actions by States.--Whenever the attorney general of a State, 
or an official or agency designated by a State, has reason to believe 
that any person has engaged or is engaging in a pattern or practice of 
unauthorized changes in providers of telephone exchange service or 
telephone toll service of residents in such State in violation of the 
procedures prescribed under subsection (a), the State may bring a civil 
action on behalf of its residents to enjoin such practices, to recover 
damages equal to the actual monetary loss suffered by such residents, 
or both. If the court finds the defendant executed such changes in 
willful and knowing violation of such procedures, the court may, in its 
discretion, increase the amount of the award to an amount equal to not 
more than 3 times the amount awardable under the preceding sentence.
    ``(g) No Preemption of State Law.--Nothing in this section shall 
preempt the availability of relief under State law for unauthorized 
changes of providers of intrastate telephone exchange service or 
telephone toll service.
    ``(h) Reports on Complaints.--
            ``(1) Reports required.--Each telecommunications carrier 
        shall submit to the Commission, as frequently as the Commission 
        shall require, a report on the number of complaints of 
        unauthorized changes in providers of telephone exchange service 
        or telephone toll service that are submitted to the carrier by 
        its subscribers. Each report shall specify each provider of 
        service complained of and the number of complaints relating to 
        such provider.
            ``(2) Utilization.--The Commission shall use the 
        information submitted in reports under this subsection to 
        identify telecommunications carriers that engage in patterns 
        and practices of unauthorized changes in providers of telephone 
        exchange service or telephone toll service.''.
    (d) Treatment of Regulations.--The Federal Communications 
Commission may treat the regulations prescribed under section 258 of 
the Communications Act of 1934 before the date of enactment of this Act 
as regulations prescribed under such section 258, as amended by this 
section, but only to the extent that the regulations prescribed before 
such date of enactment are not inconsistent with the requirements of 
such section, as so amended.
    (e) Report on Slamming Violations.--
            (1) In general.--Not later than October 31, 1998, the 
        Federal Communications Commission shall submit to Congress a 
        report on its enforcement actions against carriers for 
        violations of the procedures prescribed under section 258(a) of 
        the Communications Act of 1934, as in effect on the day before 
        the date of enactment of this Act.
            (2) Elements.--The report shall--
                    (A) set forth the number of complaints against each 
                telecommunications carrier that was subject to more 
                than 100 complaints in 1997 for violation of the 
                procedures referred to in paragraph (1); and
                    (B) describe the penalties assessed against each 
                such carrier for violations of such procedures.

SEC. 3. REVIEW OF ADEQUACY OF LICENSING REQUIREMENTS AND PROCEDURES.

    Not later than 6 months after the date of enactment of this Act, 
the Federal Communications Commission shall submit to Congress a report 
that--
            (1) assesses the adequacy and effectiveness of the 
        licensing requirements and procedures of the Commission under 
        section 214 of the Communications Act of 1934 (47 U.S.C. 214) 
        in determining whether or not a carrier is suitable for 
        licensing under that section; and
            (2) identifies additional actions that the Commission could 
        take under that section in order to ensure that new licenses 
        are not issued under that section to persons or carriers that 
        have previously lost their licenses for violations of section 
        258 of that Act (47 U.S.C. 258) or have otherwise engaged in 
        egregious violations of such section 258.
Example Output:
Telephone Slamming Prevention Act of 1998 - Amends the Communications Act of 1934 (the Act) to require procedures prescribed by the Federal Communications Commission (FCC) to verify a subscriber's selection of a provider of telephone exchange or toll service to:  (1) preclude the use of negative option letters of agency; and (2) require the retention of a subscriber's selection verification. 
Allows a subscriber whose provider is changed in violation of such Act to pay the former provider for all services provided by the unauthorized provider. 
Authorizes civil penalties:  (1) of a minimum of $50,000 for the first offense and $100,000 for any additional offense by carriers who submit or execute an unauthorized change of provider service; and (2) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers.  Prescribes criminal penalties of a fine and up to one year in prison for a first offense and up to five years in prison for a subsequent offense for such a willful violation by any person. 
Prohibits any person or company convicted of such violations from participating in the provision of universal telecommunications service and related activities authorized under the Act.  Authorizes reinstatement of such participation, but no earlier than five years after such prohibition, if found by the FCC to be in the public interest. 
Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaging in a pattern or practice of making such unauthorized changes in service providers. 
Requires each carrier to report to the FCC on the number of complaints of unauthorized provider changes submitted to such carrier by its subscribers.  Directs the FCC to utilize such information to identify carriers that engage in patterns and practices of unauthorized provider changes. 
Directs the FCC to report to the Congress on:  (1) its enforcement against carriers for violations of this Act; (2) the adequacy and effectiveness of carrier licensing requirements and procedures in determining whether a carrier is suitable for such license; and (3) additional actions the FCC could take to ensure that new licenses are not issued to persons or carriers that have previously lost such license due to violations covered by this Act or that have engaged in egregious violations covered by this Act.