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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Balancing the Rights Of Web Surfers
Equally and Responsibly Act of 2017'' or the ''BROWSER Act of 2017''.

SEC. 2. NOTICE OF PRIVACY POLICIES.

(a) In General.--A provider of a covered service shall provide the
users of the service with notice of the privacy policies of the
provider with respect to the service. Such notice shall be clear and
conspicuous.
(b) Availability to Prospective Users.--The notice required by
subsection (a) shall be made available to prospective users--
(1) at the point of sale of, subscription to, or
establishment of an account for the covered service, prior to
such sale, subscription, or establishment, whether such point
of sale, subscription, or establishment is in person, online,
over the telephone, or through another means; or
(2) if there is no such sale, subscription, or
establishment, before the user uses the service.
(c) Persistent Availability.--The notice required by subsection (a)
shall be made persistently available.
(d) Material Changes.--A provider of a covered service shall
provide users with advance notice of any material change to the privacy
policies of the provider. The notice required by this subsection shall
be clear and conspicuous.

SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF
INFORMATION.

(a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service
shall obtain opt-in approval from a user to use, disclose, or permit
access to the sensitive user information of the user.
(b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
(1) a provider of a covered service shall obtain opt-out
approval from a user to use, disclose, or permit access to any
of the non-sensitive user information of the user; or
(2) if the provider so chooses, the provider may comply
with the requirement of paragraph (1) by obtaining opt-in
approval from the user to use, disclose, or permit access to
any such non-sensitive user information.
(c) Limitations and Exceptions.--A provider of a covered service
may use, disclose, or permit access to user information without user
approval for the following purposes:
(1) In providing the covered service from which such
information is derived, or in providing services necessary to,
or used in, the provision of such service.
(2) To initiate, render, bill, and collect for the covered
service.
(3) To protect the rights or property of the provider, or
to protect users of the covered service and other service
providers from fraudulent, abusive, or unlawful use of the
service.
(4) To provide location information or non-sensitive user
information--
(A) to a public safety answering point, emergency
medical service provider or emergency dispatch
provider, public safety, fire service, or law
enforcement official, or hospital emergency or trauma
care facility, in order to respond to the request of
the user for emergency services;
(B) to inform the legal guardian of the user, or
members of the immediate family of the user, of the
location of the user in an emergency situation that
involves the risk of death or serious physical harm; or
(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency.
(5) As otherwise required or authorized by law.
(d) Mechanism for Exercising User Approval.--
(1) In general.--A provider of a covered service shall make
available a simple, easy-to-use mechanism for users to grant,
deny, or withdraw opt-in approval or opt-out approval at any
time.
(2) Form and manner.--The mechanism required by paragraph
(1) shall be--
(A) clear and conspicuous; and
(B) made available--
(i) at no additional cost to the user; and
(ii) in a language other than English, if
the provider transacts business with the user
in such other language.
(3) Effect.--The grant, denial, or withdrawal of opt-in
approval or opt-out approval by a user shall--
(A) be given effect promptly; and
(B) remain in effect until the user revokes or
limits such grant, denial, or withdrawal of approval.

SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.

A provider of a covered service may not--
(1) condition, or effectively condition, provision of such
service on agreement by a user to waive privacy rights
guaranteed by law or regulation, including this Act; or
(2) terminate such service or otherwise refuse to provide
such service as a direct or indirect consequence of the refusal
of a user to waive any such privacy rights.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

(a) General Application.--The requirements of this Act apply,
according to their terms, to--
(1) those persons, partnerships, and corporations over
which the Commission has authority pursuant to section 5(a)(2)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
(2) providers of broadband internet access service,
notwithstanding the exception in such section for common
carriers subject to the Communications Act of 1934 (47 U.S.C.
151 et seq.).
(b) Unfair or Deceptive Acts or Practices.--A violation of this Act
shall be treated as an unfair or deceptive act or practice in or
affecting commerce for purposes of section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)).
(c) Powers of Commission.--Except as provided in subsection (a)(2)
of this section--
(1) the Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act; and
(2) any person who violates this Act shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.

SEC. 6. DEFINITIONS.

In this Act:
(1) Broadband internet access service.--
(A) In general.--The term ''broadband internet
access service'' means a mass-market retail service by
wire or radio that provides the capability to transmit
data to and receive data from all or substantially all
internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up internet
access service.
(B) Functional equivalent; evasion.--Such term also
includes any service that--
(i) the Commission finds to be providing a
functional equivalent of the service described
in subparagraph (A); or
(ii) is used to evade the protections set
forth in this Act.
(2) Commission.--The term ''Commission'' means the Federal
Trade Commission.
(3) Covered service.--The term ''covered service'' means--
(A) broadband internet access service; or
(B) an edge service.
(4) Edge service.--The term ''edge service''--
(A) means a service provided over the internet--
(i) for which the provider requires the
user to subscribe or establish an account in
order to use the service;
(ii) that the user purchases from the
provider of the service without a subscription
or account;
(iii) by which a program searches for and
identifies items in a database that correspond
to keywords or characters specified by the
user, used especially for finding particular
sites on the World Wide Web; or
(iv) by which the user divulges sensitive
user information; and
(B) includes a service described in subparagraph
(A) that is provided through a software program,
including a mobile application.
(5) Emergency services.--The term ''emergency services''
has the meaning given such term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).
(6) Material.--The term ''material'' means, with respect to
a change in a privacy policy of a provider of a covered
service, any change in such policy that a user of the service,
acting reasonably under the circumstances, would consider
important to the decisions of the user regarding the privacy of
the user, including any change to information required to be
included in a privacy notice under section 2.
(7) Mobile application.--The term ''mobile application''
means a software program that runs on the operating system of a
mobile device.
(8) Non-sensitive user information.--The term ''non-
sensitive user information'' means any user information that is
not sensitive user information.
(9) Opt-in approval.--The term ''opt-in approval'' means a
method for obtaining from a user of a covered service consent
to use, disclose, or permit access to sensitive user
information under which the provider of the service obtains
express consent allowing the requested usage, disclosure, or
access to the sensitive user information.
(10) Opt-out approval.--The term ''opt-out approval'' means
a method for obtaining from a user of a covered service consent
to use, disclose, or permit access to non-sensitive user
information under which the user is deemed to have consented to
the use, disclosure, or access to the non-sensitive user
information if the user has failed to object to such use,
disclosure, or access.
(11) Public safety answering point.--The term ''public
safety answering point'' has the meaning given such term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
(12) Sensitive user information.--The term ''sensitive user
information'' includes any of the following:
(A) Financial information.
(B) Health information.
(C) Information pertaining to children under the
age of 13.
(D) Social Security number.
(E) Precise geo-location information.
(F) Content of communications.
(G) Web browsing history, history of usage of a
software program (including a mobile application), and
the functional equivalents of either.
(13) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United
States, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and each
federally recognized Indian Tribe.
(14) User.--The term ''user'' means, with respect to a
covered service, a person who--
(A) is a current or former--
(i) subscriber to such service; or
(ii) holder of an account for such service;
(B) purchases such service without a subscription
or account;
(C) is an applicant for such service; or
(D) in the case of a service described in clause
(iii) or (iv) of paragraph (4)(A), uses the service.
(15) User information.--The term ''user information'' means
any information that--
(A) a provider of a covered service acquires in
connection with the provision of such service; and
(B) is linked or reasonably linkable to an
individual.

SEC. 7. RELATIONSHIP TO OTHER LAW.

(a) Preemption of State Law.--No State or political subdivision of
a State shall, with respect to a provider of a covered service subject
to this Act, adopt, maintain, enforce, or impose or continue in effect
any law, rule, regulation, duty, requirement, standard, or other
provision having the force and effect of law relating to or with
respect to the privacy of user information.
(b) Other Federal Law.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act shall be construed to supercede any other
Federal statute or regulation relating to information privacy.
(2) Communications act of 1934.--Insofar as any provision
of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or
any regulations promulgated under such Act apply to any person,
partnership, or corporation subject to this Act with respect to
privacy policies, terms of service, and practices covered by
this Act, such provision of the Communications Act of 1934 or
such regulations shall have no force or effect, unless such
regulations pertain to emergency services.

A: Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information. Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is: financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or history of usage of a software program or mobile application. Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time. The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Buyback Our Safety Act''.

SEC. 2. GUN BUYBACK GRANT PROGRAM.

(a) In General.--The Attorney General, through the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice, shall establish a gun buyback grant program under which the
Assistant Attorney General may make grants to law enforcement agencies
of States, units of local government, and Indian tribal governments to
assist in funding gun buyback programs carried out by such agencies.
(b) Gun Buyback Program Defined.--For purposes of this section, the
term ''gun buyback program'' means, with respect to a law enforcement
agency of a State, unit of local government, or Indian tribal
government, a program carried out by such agency under which guns are
purchased or surrendered to such agency.
(c) Applications.--A law enforcement agency described in subsection
(a) desiring a grant under this section shall submit to the Assistant
Attorney General for the Office of Justice Programs an application for
the grant, in accordance with subsection (d) and which shall be in such
form and contain such information as the Assistant Attorney General may
require.
(d) Requirements.--The Assistant Attorney General may make a grant
under this section to a law enforcement agency described in subsection
(a), with respect to a gun buyback program, only if the application
submitted under subsection (c) by such agency provides assurances
that--
(1) the law enforcement agency will adequately advertise
such program to the public;
(2) such program will be administered by law enforcement
personnel;
(3) all guns received through such program will remain in
the possession of law enforcement personnel;
(4) adequate safeguards will be established and followed to
prevent the occurrence of fraud in such program;
(5) the law enforcement agency will have in place a process
to test on site a gun purchased from an individual through such
program before payment is provided to such individual; and
(6) an adequate process will be in place to destroy all
guns received through such program.
(e) Matching Requirement.--
(1) In general.--Subject to paragraph (2), to be eligible
for a grant under this section, a law enforcement agency must
certify that the law enforcement agency will match all Federal
funds provided under such grant with an equal amount of cash or
in-kind goods or services from other non-Federal sources.
(2) Waiver.--The Assistant Attorney General for the Office
of Justice Programs may waive, wholly or in part, the matching
requirement under paragraph (1) with respect to a grant made
under this section to a law enforcement agency for a gun
buyback program if such program provides for obtaining only the
guns identified by the National Academy of Sciences pursuant to
subsection (f).
(f) National Academy of Sciences Standards.--The Attorney General,
through the Assistant Attorney General for the Office of Justice
Programs, shall enter into an arrangement with the National Academy of
Sciences to develop standards for identifying, and identify, guns that
are the most likely to be used in violent crimes and establish a
pricing scale for purchasing guns so identified through gun buyback
programs receiving grants under this section.
(g) Reports.--
(1) Reports required by grantees.--In the case of a law
enforcement agency described in subsection (a) receiving a
grant under this section with respect to a gun buyback program,
such agency shall submit to the Assistant Attorney General for
the Office of Justice Programs--
(A) not later than 90 days after receipt of such
grant and every 90 days thereafter during the period
for which the program is carried out, a report
including--
(i) the number and types of guns collected
and destroyed through such program during such
period; and
(ii) recommendations for improving future
gun buyback programs in the jurisdiction of
such agency; and
(B) not later than 90 days after the last day of
such program, a final report including the information
described in each of subclauses (I) and (II) of clause
(i) with respect to the duration of the program.
(2) Reports by the office of justice programs.--Not later
than one year after the date of the enactment of this section
and annually thereafter, the Assistant Attorney General for the
Office of Justice Programs shall submit to Congress a report
on--
(A) the number of gun buyback programs that
received funding under this section;
(B) the number of guns received through each such
gun buyback program;
(C) the total number of guns purchased through all
such gun buyback programs; and
(D) recommendations on improving the grant program
under this section and gun buyback programs.
(h) Definitions.--For purposes of this section:
(1) State.--The term ''State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
(2) Unit of local government.--The term ''unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
(3) Violent crime.--The term ''violent crime'' means
murder, non-negligent manslaughter, forcible rape, robbery, and
aggravated assault, as reported by the Federal Bureau of
Investigation for purposes of the Uniform Crime Report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for the period of
fiscal years 2018 through 2022.

A: Buyback Our Safety Act This bill authorizes the Department of Justice's Office of Justice Programs (OJP) to establish a gun buyback grant program for state, local, and tribal law enforcement agencies. The OJP must enter into an arrangement with the National Academy of Sciences to develop standards to identify the guns likely to be used in violent crimes and to establish a pricing scale for guns purchased through a gun buyback program.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Railroad Antitrust Enforcement Act
of 2008''.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL COMMON CARRIERS.

(a) Application of the Antitrust Laws.--The antitrust laws shall
apply to a common carrier by railroad that is subject to the
jurisdiction of the Surface Transportation Board under subtitle IV of
title 49, United States Code, without regard to whether such common
carrier filed a rate or whether a complaint challenging a rate is
filed.
(b) Definition.--The term ''antitrust laws'' has the meaning given
it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)), but includes section 5 of the Federal Trade Commission Act to
the extent such section 5 applies to unfair methods of competition.

SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.

The last undesignated paragraph of section 7 of the Clayton Act (15
U.S.C. 18) is amended by inserting ''(excluding transactions described
in section 11321 of title 49 of the United States Code)'' after
''Surface Transportation Board''.

SEC. 4. ANTITRUST ENFORCEMENT AUTHORITY.

Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by
inserting ''(excluding agreements described in section 10706 of such
title and transactions described in section 11321 of such title)''
after ''Code''.

SEC. 5. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is
amended by inserting ''(excluding a common carrier by railroad)'' after
''Board''.

SEC. 6. REMOVAL OF PRIMARY JURISDICTION AS LIMITATION.

The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end thereof the following:
''Sec. 29. In any civil action against a common carrier railroad
under section 4, 4A, 4C, 15, or 16, the district court shall not be
required to defer to the jurisdiction of the Surface Transportation
Board.''.

SEC. 7. UNFAIR METHODS OF COMPETITION.

Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C.
45(a)(2)) is amended by adding at the end the following:
''For purposes of this paragraph with respect to unfair methods of
competition, the term 'common carrier' excludes a common carrier by
railroad that is subject to jurisdiction of the Surface Transportation
Board under subtitle IV of title 49 of the United States Code.''.

SEC. 8. TERMINATION OF EXEMPTIONS IN TITLE 49.

(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in the 3d sentence of paragraph (2)(A) by
striking '', and the Sherman Act (15 U.S.C. 1 et
seq.),'' and all that follows through ''or carrying out
the agreement'',
(B) in paragraph (4)--
(i) by striking the 2d sentence, and
(ii) in the 3d sentence by striking
''However, the'' and inserting ''The'', and
(C) in paragraph (5)(A) by striking '', and the
antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons
with respect to making or carrying out the agreement'',
(2) in subsection (d) by striking the last sentence, and
(3) by striking subsection (e) and inserting the following:
''(e) Nothing in this section exempts a proposed agreement
described in subsection (a) from the application of the antitrust laws
(as defined in subsection (a) of the 1st section of the Clayton Act,
but including section 5 of the Federal Trade Commission Act to the
extent such section 5 applies to unfair methods of competition).
''(f) In reviewing any proposed agreement described in subsection
(a), the Board shall take into account, among any other considerations,
the impact of the proposed agreement on shippers, consumers, and
affected communities. The Board shall make findings regarding such
impact, which shall be--
''(1) made part of the administrative record;
''(2) submitted to any other reviewing agency for
consideration in making its determination; and
''(3) available in any judicial review of the Board's
decision regarding such agreement.''.
(b) Combinations.--Section 11321 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ''The authority'' and inserting
''Except as provided in sections 4, 4A, 4C, 15, and 16
of the Clayton Act, the authority''; and
(B) in the 3d sentence by striking ''is exempt from
the antitrust laws and from all other law,'' and
inserting ''is exempt from all other law (except the
laws referred to in subsection (c)),'', and
(2) by adding at the end the following:
''(c) Nothing in this subchapter exempts a transaction described in
subsection (a) from the application of the antitrust laws (as defined
in subsection (a) of the 1st section of the Clayton Act, but including
section 5 of the Federal Trade Commission Act to the extent such
section 5 applies to unfair methods of competition). The preceding
sentence shall not apply to any transaction relating to the pooling of
railroad cars approved by the Surface Transportation Board or its
predecessor agency pursuant to section 11322.
''(d) In reviewing any transaction described in subsection (a), the
Board shall take into account, among any other considerations, the
impact of the transaction on shippers and affected communities.''.
(c) Conforming Amendments.--
(1) Heading.--The heading for section 10706 of title 49,
United States Code, is amended to read as follows: ''Rate
agreements''.
(2) Analysis of sections.--The analysis of sections of
chapter 107 of such title is amended by striking the item
relating to section 10706 and insert the following:

''10706. Rate agreements.''.

SEC. 9. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Limitation.--A civil action under section 4, 4A, 4C, 15, or 16
of the Clayton Act, or a complaint under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition, may not be filed with respect to any
conduct or activity that--
(1) occurs before the expiration of the 180-day period
beginning on the date of enactment of this Act; and
(2) was exempted from the antitrust laws (as defined in
subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)), but including section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition) by an order of the Interstate
Commerce Commission or the Surface Transportation Board issued
before the date of the enactment of this Act and pursuant to
law.

A:
Railroad Antitrust Enforcement Act of 2008 - (Sec. 2) Amends the Clayton Act (the Act) to make federal antitrust laws applicable to all common carriers subject to the Surface Transportation Board (STB), regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed.

(Sec. 3) Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings.

(Sec. 4) Authorizes the the Federal Trade Commission (FTC) to enforce certain provisions of the Act against STB-approved agreements or combinations, including those related to rates.

(Sec. 5) Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws.

(Sec. 6) Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.

(Sec. 7) Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition.

(Sec. 8) Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements.

Requires the STB when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record.

Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.

(Sec. 9) Makes the date of enactment of this Act its effective date. Makes an exception for parties engaging prior to such enactment in conduct or actions previously exempted by STB approval (such parties to have 180 days to discontinue such conduct or action or otherwise become subject to the antitrust laws).
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