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

    This Act may be cited as the ``Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Transit Mix Concrete Corporation holds two valid 
        Federal contracts, numbered CA-20139 and CA-22901, issued under 
        the Materials Act of 1947, for the extraction of approximately 
        56,000,000 tons of sand and gravel from the Federal mineral 
        estate in lands located in Soledad Canyon adjacent to the city 
        of Santa Clarita, California.
            (2) It is in the best interest of the citizens of 
        California and the Federal Government to cancel the Contracts 
        and prohibit future mining in the Soledad Canyon area of 
        California.
            (3) TMC should receive as just compensation for such 
        cancellation the fair market value of the Contracts and all 
        costs, fees, and covered liabilities incurred by TMC in good 
        faith in its efforts to develop the Contracts.
            (4) A site-specific solution that is fair to TMC and that 
        seeks to protect the environment and minimize impacts on local 
        transportation systems is in the best interest of the Nation.
            (5) Considerable sums of money have been expended by TMC 
        and the city of Santa Clarita on legal and other services in 
        trying to ensure their interests are protected with respect to 
        Contracts CA-20139 and CA-22901.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel contracts CA-20139 and CA-22901 and 
        prohibit future mining in the Soledad Canyon.
            (2) To provide a means for TMC to recover as just 
        compensation for the cancellation of the Contracts the fair 
        market value of, and TMC's expenditures and covered liabilities 
        pursuing the development of, the Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by TMC and provide relief.
            (4) To provide timelines for the verification of costs 
        incurred by TMC and the determination of just compensation, and 
        to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contracts.--The term ``Contracts'' means Bureau of Land 
        Management mineral contracts numbered CA-20139 and CA-22901.
            (2) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of TMC for damages, 
        costs, compensation, or reimbursement to any third party for 
        agreements entered into by TMC in good faith prior to January 
        1, 2008, in order to exercise rights under the Contracts.
            (3) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete 
        Corporation and its successors in interest, including CEMEX 
        USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--
            (1) In general.--As compensation for the cancellation of 
        the Contracts, TMC shall receive fair market value of the 
        Contracts and TMC's expenditures and covered liabilities in 
        trying to bring the Contracts into commercial production. As 
        such compensation, the Secretary shall provide to TMC surface 
        and mineral interests and additional value in accordance with 
        subsection (d) having a total value equal to the amount 
        described in paragraph (3). All such expenditures must have 
        been incurred by TMC in good faith in connection with its 
        efforts to bring the Contracts into commercial production: 
        Provided, however, that compensation for covered liabilities 
        may be paid to TMC under this section for up to 15 years 
        following the effective date of this Act.
            (2) Increase in adjusted basis of contract upon 
        cancellation.--For purposes of the Internal Revenue Code of 
        1986, the adjusted basis of any contract to which section 4(a) 
        applies shall be increased (immediately before the cancellation 
        of such contract under such section) by the excess (if any) 
        of--
                    (A) the fair market value of such contract 
                (determined immediately before such cancellation), over
                    (B) the adjusted basis of such contract (as 
                determined immediately before the application of this 
                section).
            (3) Value described.--The compensation provided for in 
        paragraph (1) is equal to the sum of the following:
                    (A) All amounts paid to the United States by TMC 
                with respect to the Contracts as bonus bids or other 
                prepayments.
                    (B) Interest on amounts referred to in subparagraph 
                (A), from the date of payment of such amounts to the 
                United States, at a rate determined by the Secretary.
                    (C) Amounts expended by TMC in securing the 
                contracts and trying to bring them into production, 
                including--
                            (i) all actual costs, including fees, 
                        associated with the engineering and 
                        environmental studies, and permitting 
                        proceedings, that were incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        under the Contract terms; and
                            (ii) all actual legal costs, including fees 
                        and covered liabilities, incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        in the Contracts, including all fees and costs 
                        associated with securing permits and 
                        entitlements, litigation to compel, secure, or 
                        defend permits or entitlements, and litigation 
                        in connection with disputes relating to mineral 
                        and surface estate rights to the property that 
                        is the subject of the Contracts.
                    (D) The fair market value of the Contracts.
            (4) Determination of fair market value.--The Secretary 
        shall, within six months after the date of enactment of this 
        Act, determine by mineral appraisal the fair market value of 
        the contracts at the time of such determination for purposes of 
        paragraph (3)(D), determine by mineral appraisal or other 
        generally accepted applicable appraisal techniques the fair 
        market value of the surface and mineral estate identified in 
        the map referred to in subsection (d), and notify TMC of those 
        determinations. In determining the fair market value of the 
        Contracts, the Secretary shall assume that--
                    (A) TMC has obtained all permits and entitlements 
                necessary to mine, produce, process, and sell sand and 
                gravel from the Contracts;
                    (B) mining operations under the Contracts have 
                commenced at the time of the determination, with 
                maximum annual production volumes that--
                            (i) are based on the projected supply and 
                        demand outlook at the time of determination; 
                        and
                            (ii) reflect depletion of the reserves of 
                        the Contracts within the effective periods of 
                        the Contract;
                    (C) the fair market value of the Contracts includes 
                the present value of expected future net cash flows to 
                be derived from the mining, producing, processing, and 
                sale of the sand and gravel contained in the Contracts 
                over the minimum time necessary to mine, produce, 
                process, and sell such sand and gravel, taking into 
                consideration--
                            (i) the material deposit contained in the 
                        contract sites and its quality, volume, 
                        minability, and reclamation requirements;
                            (ii) the proximity of the contract sites to 
                        markets;
                            (iii) the type of market that could be 
                        served from the contract sites, including 
                        future supply, demand, and probable price 
                        increases based upon construction material data 
                        developed by the State of California;
                            (iv) the cost of mining, producing, 
                        processing, and selling the material reserved 
                        in the contract sites;
                            (v) the types and costs of transportation 
                        for such production from the contract sites to 
                        markets;
                            (vi) royalties, taxes, and fees to mine and 
                        sell the production from the contract sites;
                            (vii) similar market sales of materials the 
                        area or region of the contract sites; and
                            (viii) the net present values of expected 
                        future cash flows from proposed mining 
                        operations of the Contract sites taking into 
                        consideration, at a minimum, the matters 
                        referred to in clauses (i) through (viii).
    (c) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (b)(3)(C), TMC shall 
        submit to the Secretary within 60 days after the date of 
        enactment of this Act an itemized list of such amounts, with 
        enough detail and supporting documentation so the Secretary can 
        determine that the expenses are associated with the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in subsection 
        (b)(3)(C) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon request of TMC, determine the 
        economic value invested for purposes of subsection (b)(3) 
        through arbitration in accordance with subchapter IV of chapter 
        5 of title 5, United States Code.
    (d) Return of Value Opportunities for TMC.--
            (1) In general.--Within six months after the completion of 
        the requirements of subsections (b) and (c), the Secretary 
        shall provide to TMC the following:
                    (A) Surface and mineral estate interests and 
                additional value under subsection (b)(1) using the 
                surface and mineral estate as described and delineated 
                as Area A on the map entitled ``Cemex USA and City of 
                Victorville, California Land Disposal and Acquisition 
                Agreement'' and on file with the Secretary, consisting 
                of approximately 5,000 acres.
                    (B) If the fair market value of the surface and 
                mineral estate used under subparagraph (A) is less than 
                the sum described in subsection (b)(3), additional 
                mineral or surface estate under subsection (b)(1) using 
                the surface and mineral estate as described and 
                delineated as Area B on the map entitled ``Cemex USA 
                and City of Victorville, California Land Disposal and 
                Acquisition Agreement'' and on file with the Secretary, 
                consisting of approximately 3,000 acres as is necessary 
                so that the sum of the values provided under 
                subparagraph (A) and this subparagraph does not exceed 
                the sum described in subsection (b)(3).
                    (C) If the sum of the fair market values of the 
                surface and mineral estates and additional value 
                provided under subparagraphs (A) and (B) is less that 
                the sum described in subsection (b)(3), additional 
                value as is necessary so that the sum of the values 
                provided under subparagraphs (A) and (B) and this 
                subparagraph does not exceed the sum described in 
                subsection (b)(3), in the form of one or more of the 
                following that are mutually agreed to by the Secretary 
                and TMC:
                            (i) Credits that may be applied against 
                        future royalties, bonus bids, or rental fees 
                        for Federal lands administered by the Secretary 
                        and located within the State of California, 
                        including leases for all submerged lands of the 
                        outer Continental Shelf.
                            (ii) Interest in the mineral estate in 
                        Federal lands in the State of California that 
                        are available for sale under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.) or other 
                        law administered by the Secretary.
                            (iii) Interests in the surface estate in 
                        Federal lands in the State of California that 
                        are under the administrative jurisdiction of 
                        the Secretary and that are available for 
                        disposal.
    (e) Treatment of Credits.--
            (1) Term.--Credits provided under subsection (d) shall 
        expire at the end of the 10-year period beginning on the date 
        the credits are issued by the Secretary.
            (2) Assignment.--TMC may assign credits provided to TMC 
        under subsection (d) to any person who satisfies the same 
        requirements to hold the Contracts as those that applied to TMC 
        under the Materials Act of 1947.
    (f) Referral to Court of Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and TMC do not reach 
        agreement under subsections (b), (c), and (d) regarding the 
        financial and mineral production opportunities to be provided 
        by the Secretary to TMC under subsection (b)(1), or, if within 
        3 months after TMC receives notice in accordance with 
        subsection (b)(4) of the fair market value determined by the 
        Secretary of the surface and mineral estate identified in the 
        maps referred to in subsection (d) TMC or the city of 
        Victorville, California, notifies the Secretary that it 
        disagrees with the Secretary's determination, the Secretary 
        shall refer the issues upon which TMC, or the city of 
        Victorville, California, and the Secretary are not in agreement 
        with respect to such an agreement or fair market value to the 
        United States Court of Federal Claims for resolution
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall--
                    (A) determine de novo the values described in 
                subsection (b) and (d), including the fair market 
                values of the surface and mineral estates as described 
                and delineated on the maps referred to in subsection 
                (d)(1); and
                    (B) determine and order the Secretary to provide 
                financial and mineral production opportunities 
                consistent with subparagraph (A), for purposes of 
                subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE 
              VICTOR VALLEY AREA OF CALIFORNIA.

    Notwithstanding anything in this Act to the contrary, prior to any 
lease, transfer, or other disposition of land or any mineral or surface 
estate for any area that is located in the city of Victorville, 
California, the city of Victorville's sphere of influence, or the city 
of Victorville's proposed sphere of influence, all as delineated on the 
map entitled ``Cemex USA and City of Victorville, California Land 
Disposal and Acquisition Agreement'' and on file with the Secretary, 
the Secretary shall--
            (1) consult with the city of Victorville, California, and 
        surface owners in that area; and
            (2) prohibit mining in that area.
answer:
Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Services and 
Infrastructure Improvements Act of 2000''.

SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Applications for naturalization have increased 
        dramatically in recent years, outpacing the Immigration and 
        Naturalization Service's ability to process them.
            (2) The dramatic increase in applications for 
        naturalization and the inability of the Immigration and 
        Naturalization Service to deal with them adequately has 
        resulted in an unacceptably large backlog in naturalization 
        adjudications.
            (3) The processing times in the Immigration and 
        Naturalization Service's other immigration benefits have been 
        unacceptably long. Applicants for family- and employment-based 
        visas are waiting as long as 3 to 4 years to obtain a visa or 
        an adjustment to lawful permanent resident status.
            (4) In California, the delays in processing adjustment of 
        status applications have averaged 52 months. In Texas, the 
        delays have averaged 69 months. Residents of New York have had 
        to wait up to 28 months; in Florida, 26 months; in Illinois, 37 
        months; in Oregon, 31 months; and in Arizona, 49 months. Most 
        other States have experienced unacceptably long processing and 
        adjudication delays.
            (5) Applicants pay fees to have their applications 
        adjudicated in a timely manner. These fees have increased 
        dramatically in recent years without a commensurate increase in 
        the capability of that Immigration and Naturalization Service 
        to process and adjudicate these cases in an efficient manner.
            (6) Processing these applications in a timely fashion is 
        critical. Each 12-month delay in adjudicating an adjustment of 
        status application requires the alien to file applications to 
        extend employment authorization to work and advance parole 
        documents to travel.
            (7) The enormous delays in processing applications for 
        families and businesses have had a negative impact on the 
        reunification of spouses and minor children and the ability of 
        law-abiding and contributing members of our communities to 
        participate fully in the civic life of the United States.
            (8) United States employers have also experienced 
        debilitating delays in hiring employees who contribute to the 
        economic growth of the United States. These delays have forced 
        employers to send highly skilled and valued employees out of 
        the United States because their immigrant petitions were not 
        approved in a timely fashion. Such disruptions seriously 
        threaten the competitive edge of the United States in the 
        global marketplace.
    (b) Purpose.--The purpose of this Act is to--
            (1) provide the Immigration and Naturalization Service with 
        the mechanisms it needs to eliminate the current backlog in the 
        processing of immigration benefit applications within 1 year 
        after enactment of this Act and to maintain the elimination of 
        the backlog in future years; and
            (2) provide for regular congressional oversight of the 
        performance of the Immigration and Naturalization Service in 
        eliminating the backlog and processing delays in immigration 
        benefits adjudications.
    (c) Policy.--It is the sense of Congress that the processing of an 
immigration benefit application should be completed not later than 180 
days after the initial filing of the application, except that a 
petition for a nonimmigrant visa under section 214(c) of the 
Immigration and Nationality Act should be processed not later than 30 
days after the filing of the petition.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Backlog.--The term ``backlog'' means, with respect to 
        an immigration benefit application, the period of time in 
        excess of 180 days that such application has been pending 
        before the Immigration and Naturalization Service.
            (2) Immigration benefit application.--The term 
        ``immigration benefit application'' means any application or 
        petition to confer, certify, change, adjust, or extend any 
        status granted under the Immigration and Nationality Act.

SEC. 4. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT.

    (a) Authority of the Attorney General.--The Attorney General shall 
take such measures as may be necessary to--
            (1) reduce the backlog in the processing of immigration 
        benefit applications, with the objective of the total 
        elimination of the backlog not later than one year after the 
        date of enactment of this Act;
            (2) make such other improvements in the processing of 
        immigration benefit applications as may be necessary to ensure 
        that a backlog does not develop after such date; and
            (3) make such improvements in infrastructure as may be 
        necessary to effectively provide immigration services.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of Justice from time to time such sums as may be 
        necessary for the Attorney General to carry out subsection (a).
            (2) Designation of account in treasury.--Amounts 
        appropriated pursuant to paragraph (1) may be referred to as 
        the ``Immigration Services and Infrastructure Improvements 
        Account''.
            (3) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
            (4) Limitation on expenditures.--None of the funds 
        appropriated pursuant to paragraph (1) may be expended until 
        the report described in section 5(a) has been submitted to 
        Congress.

SEC. 5. REPORTS TO CONGRESS.

    (a) Backlog Elimination Plan.--
            (1) Report required.--Not later than 90 days after the date 
        of enactment of this Act, the Attorney General shall submit a 
        report to the Committees on the Judiciary and Appropriations of 
        the Senate and the House of Representatives concerning--
                    (A) the backlogs in immigration benefit 
                applications in existence as of the date of enactment 
                of this Act; and
                    (B) the Attorney General's plan for eliminating 
                such backlogs.
            (2) Report elements.--The report shall include--
                    (A) an assessment of the data systems used in 
                adjudicating and reporting on the status of immigration 
                benefit applications, including--
                            (i) a description of the adequacy of 
                        existing computer hardware, computer software, 
                        and other mechanisms to comply with the 
                        adjudications and reporting requirements of 
                        this Act; and
                            (ii) a plan for implementing improvements 
                        to existing data systems to accomplish the 
                        purpose of this Act, as described in section 
                        2(b);
                    (B) a description of the quality controls to be put 
                into force to ensure timely, fair, accurate, and 
                complete processing and adjudication of such 
                applications;
                    (C) the elements specified in subsection (b)(2);
                    (D) an estimate of the amount of appropriated funds 
                that would be necessary in order to eliminate the 
                backlogs in each category of immigration benefit 
                applications described in subsection (b)(2); and
                    (E) a detailed plan on how the Attorney General 
                will use any funds in the Immigration Services and 
                Infrastructure Improvements Account to comply with the 
                purposes of this Act.
    (b) Annual Reports.--
            (1) In general.--Beginning 90 days after the end of the 
        first fiscal year for which any appropriation authorized by 
        section 4(b) is made, and 90 days after the end of each fiscal 
        year thereafter, the Attorney General shall submit a report to 
        the Committees on the Judiciary and Appropriations of the 
        Senate and the House of Representatives concerning the status 
        of--
                    (A) the Immigration Services and Infrastructure 
                Improvements Account including any unobligated balances 
                of appropriations in the Account; and
                    (B) the Attorney General's efforts to eliminate 
                backlogs in any immigration benefit application 
                described in paragraph (2).
            (2) Report elements.--The report shall include--
                    (A) State-by-State data on--
                            (i) the number of naturalization cases 
                        adjudicated in each quarter of each fiscal 
                        year;
                            (ii) the average processing time for 
                        naturalization applications;
                            (iii) the number of naturalization 
                        applications pending for up to 6 months, 12 
                        months, 18 months, 24 months, 36 months, and 48 
                        months or more;
                            (iv) estimated processing times 
                        adjudicating newly submitted naturalization 
                        applications;
                            (v) an analysis of the appropriate 
                        processing times for naturalization 
                        applications; and
                            (vi) the additional resources and process 
                        changes needed to eliminate the backlog for 
                        naturalization adjudications;
                    (B) the status of applications or, where 
                applicable, petitions described in subparagraph (C), by 
                Immigration and Naturalization Service district, 
                including--
                            (i) the number of cases adjudicated in each 
                        quarter of each fiscal year;
                            (ii) the average processing time for such 
                        applications or petitions;
                            (iii) the number of applications or 
                        petitions pending for up to 6 months, 12 
                        months, 18 months, 24 months, 36 months, and 48 
                        months or more;
                            (iv) the estimated processing times 
                        adjudicating newly submitted applications or 
                        petitions;
                            (v) an analysis of the appropriate 
                        processing times for applications or petitions; 
                        and
                            (vi) a description of the additional 
                        resources and process changes needed to 
                        eliminate the backlog for such processing and 
                        adjudications; and
                    (C) a status report on--
                            (i) applications for adjustments of status 
                        to that of an alien lawfully admitted for 
                        permanent residence;
                            (ii) petitions for nonimmigrant visas under 
                        section 214 of the Immigration and Nationality 
                        Act;
                            (iii) petitions filed under section 204 of 
                        such Act to classify aliens as immediate 
                        relatives or preference immigrants under 
                        section 203 of such Act;
                            (iv) applications for asylum under section 
                        208 of such Act;
                            (v) registrations for Temporary Protected 
                        Status under section 244 of such Act; and
                            (vi) a description of the additional 
                        resources and process changes needed to 
                        eliminate the backlog for such processing and 
                        adjudications.
            (3) Absence of appropriated funds.--In the event that no 
        funds are appropriated subject to section 4(b) in the fiscal 
        year in which this Act is enacted, the Attorney General shall 
        submit a report to Congress not later than 90 days after the 
        end of such fiscal year, and each fiscal year thereafter, 
        containing the elements described in paragraph (2).
answer:
Authorizes appropriations which shall be designated in the Treasury as the Immigration Services and Infrastructure Improvements Account.
Directs the Attorney General to make specified backlog elimination reports.


question:
SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

    (a) Short Title.--This Act may be cited as the ``Consumer Broadband 
and Digital Television Promotion Act''.
    (b) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title; table of sections.
Sec. 2. Findings.
Sec. 3. Adoption of security system standards and encoding rules.
Sec. 4. Preservation of the integrity of security.
Sec. 5. Prohibition on shipment in interstate commerce of nonconforming 
                            digital media devices.
Sec. 6. Prohibition on removal or alteration of security technology; 
                            violation of encoding rules.
Sec. 7. Enforcement.
Sec. 8. Federal Advisory Committee Act exemption.
Sec. 9. Definitions.
Sec. 10. Effective date.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The lack of high quality digital content continues to 
        hinder consumer adoption of broadband Internet service and 
        digital television products.
            (2) Owners of digital programming and content are 
        increasingly reluctant to transmit their products unless 
        digital media devices incorporate technologies that recognize 
        and respond to content security measures designed to prevent 
        theft.
            (3) Because digital content can be copied quickly, easily, 
        and without degradation, digital programmers and content owners 
        face an exponentially increasing piracy threat in a digital 
        age.
            (4) Current agreements reached in the marketplace to 
        include security technologies in certain digital media devices 
        fail to provide a secure digital environment because those 
        agreements do not prevent the continued use and manufacture of 
        digital media devices that fail to incorporate such security 
        technologies.
            (5) Other existing digital rights management schemes 
        represent proprietary, partial solutions that limit, rather 
        than promote, consumers' access to the greatest variety of 
        digital content possible.
            (6) Technological solutions can be developed to protect 
        digital content on digital broadcast television and over the 
        Internet.
            (7) Competing business interests have frustrated agreement 
        on the deployment of existing technology in digital media 
        devices to protect digital content on the Internet or on 
        digital broadcast television.
            (8) The secure protection of digital content is a necessary 
        precondition to the dissemination, and on-line availability, of 
        high quality digital content, which will benefit consumers and 
        lead to the rapid growth of broadband networks.
            (9) The secure protection of digital content is a necessary 
        precondition to facilitating and hastening the transition to 
        high-definition television, which will benefit consumers.
            (10) Today, cable and satellite have a competitive 
        advantage over digital television because the closed nature of 
        cable and satellite systems permit encryption, which provides 
        some protection for digital content.
            (11) Over-the-air broadcasts of digital television are not 
        encrypted for public policy reasons and thus lack those 
        protections afforded to programming delivered via cable or 
        satellite.
            (12) A solution to this problem is technologically feasible 
        but will require government action, including a mandate to 
        ensure its swift and ubiquitous adoption.
            (13) Consumers receive content such as video or programming 
        in analog form.
            (14) When protected digital content is converted to analog 
        for consumers, it is no longer protected and is subject to 
        conversion into unprotected digital form that can in turn be 
        copied or redistributed illegally.
            (15) A solution to this problem is technologically feasible 
        but will require government action, including a mandate to 
ensure its swift and ubiquitous adoption.
            (16) Unprotected digital content on the Internet is subject 
        to significant piracy, through illegal file sharing, 
        downloading, and redistribution over the Internet.
            (17) Millions of Americans are currently downloading 
        television programs, movies, and music on the Internet and by 
        using ``file-sharing'' technology. Much of this activity is 
        illegal, but demonstrates consumers' desire to access digital 
        content.
            (18) This piracy poses a substantial economic threat to 
        America's content industries.
            (19) A solution to this problem is technologically feasible 
        but will require government action, including a mandate to 
        ensure its swift and ubiquitous adoption.
            (20) Providing a secure, protected environment for digital 
        content should be accompanied by a preservation of legitimate 
        consumer expectations regarding use of digital content in the 
        home.
            (21) Secure technological protections should enable content 
        owners to disseminate digital content over the Internet without 
        frustrating consumers' legitimate expectations to use that 
        content in a legal manner.
            (22) Technologies used to protect digital content should 
        facilitate legitimate home use of digital content.
            (23) Technologies used to protect digital content should 
        facilitate individuals' ability to engage in legitimate use of 
        digital content for educational or research purposes.

SEC. 3. ADOPTION OF SECURITY SYSTEM STANDARDS AND ENCODING RULES.

    (a) Private Sector Efforts.--
            (1) In general.--The Federal Communications Commission, in 
        consultation with the Register of Copyrights, shall make a 
        determination, not more than 12 months after the date of 
        enactment of this Act, as to whether--
                    (A) representatives of digital media device 
                manufacturers, consumer groups, and copyright owners 
                have reached agreement on security system standards for 
                use in digital media devices and encoding rules; and
                    (B) the standards and encoding rules conform to the 
                requirements of subsections (d) and (e).
            (2) Report to the commerce and judiciary committees.--
        Within 6 months after the date of enactment of this Act, the 
        Commission shall report to the Senate Committee on Commerce, 
        Science and Transportation, the Senate Committee on the 
        Judiciary, the House of Representatives Committee on Commerce, 
        and the House of Representatives Committee on the Judiciary as 
        to whether--
                    (A) substantial progress has been made toward the 
                development of security system standards and encoding 
                rules that will conform to the requirements of 
                subsections (d) and (e);
                    (B) private sector negotiations are continuing in 
                good faith;
                    (C) there is a reasonable expectation that final 
                agreement will be reached within 1 year after the date 
                of enactment of this Act; and
                    (D) if it is unlikely that such a final agreement 
                will be reached by the end of that year, the deadline 
                should be extended.
    (b) Affirmative Determination.--If the Commission makes a 
determination under subsection (a)(1) that an agreement on security 
system standards and encoding rules that conform to the requirements of 
subsections (d) and (e) has been reached, then the Commission shall--
            (1) initiate a rulemaking, within 30 days after the date on 
        which the determination is made, to adopt those standards and 
        encoding rules; and
            (2) publish a final rule pursuant to that rulemaking, not 
        later than 180 days after initiating the rulemaking, that will 
        take effect 1 year after its publication.
    (c) Negative Determination.--If the Commission makes a 
determination under subsection (a)(1) that an agreement on security 
system standards and encoding rules that conform to the requirements of 
subsections (d) and (e) has not been reached, then the Commission--
            (1) in consultation with representatives described in 
        subsection (a)(1)(A) and the Register of Copyrights, shall 
        initiate a rulemaking, within 30 days after the date on which 
        the determination is made, to adopt security system standards 
        and encoding rules that conform to the requirements of 
        subsections (d) and (e); and
            (2) shall publish a final rule pursuant to that rulemaking, 
        not later than 1 year after initiating the rulemaking, that 
        will take effect 1 year after its publication.
    (d) Security System Standards.--In achieving the goals of setting 
open security system standards that will provide effective security for 
copyrighted works, the security system standards shall ensure, to the 
extent practicable, that--
            (1) the standard security technologies are--
                    (A) reliable;
                    (B) renewable;
                    (C) resistant to attack;
                    (D) readily implemented;
                    (E) modular;
                    (F) applicable to multiple technology platforms;
                    (G) extensible;
                    (H) upgradable;
                    (I) not cost prohibitive; and
            (2) any software portion of such standards is based on open 
        source code.
    (e) Encoding Rules.--
            (1) Limitations on the exclusive rights of copyright 
        owners.--In achieving the goal of promoting as many lawful uses 
        of copyrighted works as possible, while preventing as much 
        infringement as possible, the encoding rules shall take into 
        account the limitations on the exclusive rights of copyright 
        owners, including the fair use doctrine.
            (2) Personal use copies.--No person may apply a security 
        measure that uses a standard security technology to prevent a 
        lawful recipient from making a personal copy for lawful use in 
        the home of programming at the time it is lawfully performed, 
        on an over-the-air broadcast, premium or non-premium cable 
        channel, or premium or non-premium satellite channel, by a 
        television broadcast station (as defined in section 
        122(j)(5)(A) of title 17, United States Code), a cable system 
        (as defined in section 111(f) of such title), or a satellite 
        carrier (as defined in section 119(d)(6) of such title).
    (f) Means of Implementing Standards.--The security system standards 
adopted under subsection (b), (c), or (g) shall provide for secure 
technical means of implementing directions of copyright owners for 
copyrighted works.
    (g) Commission May Revise Standards and Rules Through Rulemaking.--
            (1) In general.--The Commission may conduct subsequent 
        rulemakings to modify any security system standards or encoding 
        rules established under subsection (b) or (c) or to adopt new 
        security system standards that conform to the requirements of 
        subsections (d) and (e).
            (2) Consultation required.--The Commission shall conduct 
        any such subsequent rulemaking in consultation with 
        representatives of digital media device manufacturers, consumer 
        groups, and copyright owners described in subsection (a)(1)(A) 
        and with the Register of Copyrights.
            (3) Implementation.--Any final rule published in such a 
        subsequent rulemaking shall--
                    (A) apply prospectively only; and
                    (B) take into consideration the effect of adoption 
                of the modified or new security system standards and 
                encoding rules on consumers' ability to utilize digital 
                media devices manufactured before the modified or new 
                standards take effect.
    (h) Modification of Technology by Private Sector.--
            (1) In general.--After security system standards have been 
        established under subsection (b), (c), or (g) of this section, 
        representatives of digital media device manufacturers, consumer 
        groups, and copyright owners described in subsection (a)(1)(A) 
        may modify the standard security technology that adheres to the 
        security system standards rules established under this section 
        if those representatives determine that a change in the 
        technology is necessary because--
                    (A) the technology in use has been compromised; or
                    (B) technological improvements warrant upgrading 
                the technology in use.
            (2) Implementation notification.--The representatives 
        described in paragraph (1) shall notify the Commission of any 
        such modification before it is implemented or, if immediate 
        implementation is determined by the representatives to be 
        necessary, as soon thereafter as possible.
            (3) Compliance with subsection (d) requirements.--The 
        Commission shall ensure that any modification of standard 
        security technology under this subsection conforms to the 
        requirements of subsection (d).

SEC. 4. PRESERVATION OF THE INTEGRITY OF SECURITY.

    An interactive computer service shall store and transmit with 
integrity any security measure associated with standard security 
technologies that is used in connection with copyrighted material such 
service transmits or stores.

SEC. 5. PROHIBITION ON SHIPMENT IN INTERSTATE COMMERCE OF NONCONFORMING 
              DIGITAL MEDIA DEVICES.

    (a) In General.--A manufacturer, importer, or seller of digital 
media devices may not--
            (1) sell, or offer for sale, in interstate commerce, or
            (2) cause to be transported in, or in a manner affecting, 
        interstate commerce,
a digital media device unless the device includes and utilizes standard 
security technologies that adhere to the security system standards 
adopted under section 3.
    (b) Exception.--Subsection (a) does not apply to the sale, offer 
for sale, or transportation of a digital media device that was legally 
manufactured or imported, and sold to the consumer, prior to the 
effective date of regulations adopted under section 3 and not 
subsequently modified in violation of section 6(a).

SEC. 6. PROHIBITION ON REMOVAL OR ALTERATION OF SECURITY TECHNOLOGY; 
              VIOLATION OF ENCODING RULES.

    (a) Removal or Alteration of Security Technology.--No person may--
            (1) knowingly remove or alter any standard security 
        technology in a digital media device lawfully transported in 
        interstate commerce; or
            (2) knowingly transmit or make available to the public any 
        copyrighted material where the security measure associated with 
        a standard security technology has been removed or altered, 
        without the authority of the copyright owner.
    (b) Compliance With Encoding Rules.--No person may knowingly apply 
to a copyrighted work, that has been distributed to the public, a 
security measure that uses a standard security technology in violation 
of the encoding rules adopted under section 3.

SEC. 7. ENFORCEMENT.

    (a) In General.--The provisions of section 1203 and 1204 of title 
17, United States Code, shall apply to any violation of this Act as 
if--
            (1) a violation of section 5 or 6(a)(1) of this Act were a 
        violation of section 1201 of title 17, United States Code; and
            (2) a violation of section 4 or section 6(a)(2) of this Act 
        were a violation of section 1202 of that title.
    (b) Statutory Damages.--A court may award damages for each 
violation of section 6(b) of not less than $200 and not more than 
$2,500, as the court considers just.

SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) does not apply 
to any committee, board, commission, council, conference, panel, task 
force, or other similar group of representatives of digital media 
devices and representatives of copyright owners convened for the 
purpose of developing the security system standards and encoding rules 
described in section 3.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Standard security technology.--The term ``standard 
        security technology'' means a security technology that adheres 
        to the security system standards adopted under section 3.
            (2) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given that term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (3) Digital media device.--The term ``digital media 
        device'' means any hardware or software that--
                    (A) reproduces copyrighted works in digital form;
                    (B) converts copyrighted works in digital form into 
                a form whereby the images and sounds are visible or 
                audible; or
                    (C) retrieves or accesses copyrighted works in 
                digital form and transfers or makes available for 
                transfer such works to hardware or software described 
                in subparagraph (B).
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act, 
except that sections 4, 5, and 6 shall take effect on the day on which 
the final rule published under section 3(b) or (c) takes effect.
answer:

Consumer Broadband and Digital Television Promotion Act - Requires the Federal Communications Commission (FCC) to make a determination as to whether: (1) representatives of digital media device manufacturers, consumer groups, and copyright owners (representatives) have reached agreement on security system standards for use in digital media devices and encoding rules; and (2) such standards and rules conform with security system standards and encoding rules required under this Act. Provides for the adoption of conforming standards and rules based on whether such determination is affirmative or negative. Outlines appropriate security system standards and encoding rules. Authorizes: (1) the FCC to revise implemented standards and rules through rulemaking; or (2) representatives to modify implemented standards in response to a compromise or upgrade of technology.Requires an interactive computer service to store and transmit with integrity any technology security measure used in connection with copyrighted material that such service transmits or stores.Prohibits: (1) the sale or shipment in interstate commerce of nonconforming digital media devices; (2) the removal or alteration of security technology in a digital media device; or (3) application to a copyrighted work of a security measure that uses a standard security technology in violation of encoding rules.Provides for enforcement of violations of this Act.