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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

(a) Limitation on Remedies.--Chapter 5 of title 17, United States
Code, is amended by adding at the end the following new section:
''Sec. 514. Limitation on remedies in cases involving orphan works
''(a) Limitation on Remedies.--
''(1) Conditions.--Notwithstanding sections 502 through
505, in an action brought under this title for infringement of
copyright in a work, the remedies for infringement shall be
limited under subsection (b) if the infringer sustains the
burden of proving, and the court finds, that--
''(A) before the infringing use of the work began,
the infringer, a person acting on behalf of the
infringer, or any person jointly and severally liable
with the infringer for the infringement of the work--
''(i) performed and documented a reasonably
diligent search in good faith to locate the
owner of the infringed copyright; but
''(ii) was unable to locate the owner; and
''(B) the infringing use of the work provided
attribution, in a manner reasonable under the
circumstances, to the author and owner of the
copyright, if known with a reasonable degree of
certainty based on information obtained in performing
the reasonably diligent search.
''(2) Definitions; requirements for searches.--
''(A) Owner of infringed copyright.--For purposes
of paragraph (1), the 'owner' of an infringed copyright
in a work is the legal or beneficial owner of, or any
party with authority to grant or license, an exclusive
right under section 106 applicable to the infringement.
''(B) Requirements for reasonably diligent
search.--(i) For purposes of paragraph (1), a search to
locate the owner of an infringed copyright in a work--
''(I) is 'reasonably diligent' only if it
includes steps that are reasonable under the
circumstances to locate that owner in order to
obtain permission for the use of the work; and
''(II) is not 'reasonably diligent' solely
by reference to the lack of identifying
information with respect to the copyright on
the copy or phonorecord of the work.
''(ii) The steps referred to in clause (i)(I) shall
ordinarily include, at a minimum, review of the
information maintained by the Register of Copyrights
under subparagraph (C).
''(iii) A reasonably diligent search includes the
use of reasonably available expert assistance and
reasonably available technology, which may include, if
reasonable under the circumstances, resources for which
a charge or subscription fee is imposed.
''(C) Information to guide searches.--The Register
of Copyrights shall receive, maintain, and make
available to the public, including through the
Internet, information from authoritative sources, such
as industry guidelines, statements of best practices,
and other relevant documents, that is designed to
assist users in conducting and documenting a reasonably
diligent search under this subsection. Such information
may include--
''(i) the records of the Copyright Office
that are relevant to identifying and locating
copyright owners;
''(ii) other sources of copyright ownership
information reasonably available to users;
''(iii) methods to identify copyright
ownership information associated with a work;
''(iv) sources of reasonably available
technology tools and reasonably available
expert assistance; and
''(v) best practices for documenting a
reasonably diligent search.
''(b) Limitations on Remedies.--The limitations on remedies in a
case to which subsection (a) applies are the following:
''(1) Monetary relief.--
''(A) General rule.--Subject to subparagraph (B),
an award for monetary relief (including actual damages,
statutory damages, costs, and attorney's fees) may not
be made, other than an order requiring the infringer to
pay reasonable compensation for the use of the
infringed work.
''(B) Exceptions.--(i) An order requiring the
infringer to pay reasonable compensation for the use of
the infringed work may not be made under subparagraph
(A) if--
''(I) the infringement is performed without
any purpose of direct or indirect commercial
advantage and primarily for a charitable,
religious, scholarly, or educational purpose,
and
''(II) the infringer ceases the
infringement expeditiously after receiving
notice of the claim for infringement,
unless the copyright owner proves, and the court finds,
that the infringer has earned proceeds directly
attributable to the infringement.
''(ii) If the infringer fails to negotiate in good
faith with the owner of the infringed work regarding
the amount of reasonable compensation for the use of
the infringed work, the court may award full costs,
including a reasonable attorney's fee, against the
infringer under section 505, subject to section 412.
''(2) Injunctive relief.--
''(A) General rule.--Subject to subparagraph (B),
the court may impose injunctive relief to prevent or
restrain the infringing use, except that, if the
infringer has met the requirements of subsection (a),
the relief shall, to the extent practicable, account
for any harm that the relief would cause the infringer
due to its reliance on having performed a reasonably
diligent search under subsection (a).
''(B) Special rule for new works.--In a case in
which the infringer recasts, transforms, adapts, or
integrates the infringed work with the infringer's
original expression in a new work of authorship, the
court may not, in granting injunctive relief, restrain
the infringer's continued preparation or use of that
new work, if the infringer--
''(i) pays reasonable compensation to the
owner of the infringed copyright for the use of
the infringed work; and
''(ii) provides attribution to the owner of
the infringed copyright in a manner that the
court determines is reasonable under the
circumstances.
''(C) Treatment of parties not subject to suit.--
The limitations on remedies under this paragraph shall
not be available to an infringer that asserts in an
action under section 501(b) that neither it nor its
representative acting in an official capacity is
subject to suit in Federal court for an award of
damages to the copyright owner under section 504,
unless the court finds that such infringer has--
''(i) complied with the requirements of
subsection (a) of this section;
''(ii) made a good faith offer of
compensation that was rejected by the copyright
owner; and
''(iii) affirmed in writing its willingness
to pay such compensation to the copyright owner
upon the determination by the court that such
compensation was reasonable under paragraph (3)
of this subsection.
''(D) Construction.--Nothing in subparagraph (C)
shall be deemed to authorize or require, and no action
taken pursuant to subparagraph (C) shall be deemed to
constitute, an award of damages by the court against
the infringer.
''(E) Rights and privileges not waived.--No action
taken by an infringer pursuant to subparagraph (C)
shall be deemed to waive any right or privilege that,
as a matter of law, protects such infringer from being
subject to suit in Federal court for an award of
damages to the copyright owner under section 504.
''(3) Reasonable compensation.--In establishing reasonable
compensation under paragraph (1) or (2), the owner of the
infringed copyright has the burden of establishing the amount
on which a reasonable willing buyer and a reasonable willing
seller in the positions of the owner and the infringer would
have agreed with respect to the infringing use of the work
immediately before the infringement began.
''(c) Preservation of Other Rights, Limitations, and Defense.--This
section does not affect any right, limitation, or defense to copyright
infringement, including fair use, under this title. If another
provision of this title provides for a statutory license when the
copyright owner cannot be located, that provision applies in lieu of
this section.
''(d) Copyright for Derivative Works.--Notwithstanding section
103(a), the infringing use of a work in accordance with this section
shall not limit or affect the copyright protection for a work that uses
the infringed work.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 17, United States Code, is amended by adding at the end the
following new item:

''514. Limitation on remedies in cases involving orphan works''.
(c) Effective Date.--The amendments made by this section shall
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

The Register of Copyrights shall, not later than December 12, 2014,
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate on the
implementation and effects of the amendments made by section 2,
including any recommendations for legislative changes that the Register
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

(a) In General.--The Register of Copyrights shall conduct an
inquiry with respect to remedies for copyright infringement claims
seeking limited amounts of monetary relief, including consideration of
alternatives to disputes currently heard in the United States district
courts. The inquiry shall cover infringement claims to which section
514 of title 17, United States Code (as added by section 2 of this
Act), apply, and other infringement claims under title 17, United
States Code.
(b) Procedures.--The Register of Copyrights shall publish notice of
the inquiry under subsection (a), providing a period during which
interested persons may submit comments on the inquiry, and an
opportunity for interested persons to participate in public roundtables
on the inquiry. The Register shall hold the public roundtables at such
times as the Register considers appropriate.
(c) Report to Congress.--The Register of Copyrights shall, not
later than 1 year after the date of the enactment of this Act, prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report on the inquiry conducted under this section, including such
recommendations that the Register considers appropriate.

Answer: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Cancer Screening and Prevention
Act''.

SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING.

(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
''(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.--
''(1) Screening fecal-occult blood tests.--
''(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
''(i) in 1996 shall not exceed $5; and
''(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
''(i) if the individual is under 50 years
of age; or
''(ii) if the test is performed within the
11 months after a previous screening fecal-
occult blood test.
''(2) Screening flexible sigmoid- oscopies.--
''(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
''(i) if the individual is under 50 years
of age; or
''(ii) if the procedure is performed within
the 47 months after a previous screening
flexible sigmoidoscopy.
''(3) Screening colonoscopy for individuals at high risk
for colorectal cancer.--
''(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening colonoscopy for individuals at
high risk for colorectal cancer (as defined in
subparagraph (C)) provided for the purpose of early
detection of colon cancer that is consistent with
payment amounts under such section for similar or
related services, except that such payment amount shall
be established without regard to subsection (a)(2)(A)
of such section.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening colonoscopy for
individuals at high
risk for colorectal cancer provided to an individual
for the purpose of early detection of colon cancer if the procedure is
performed within the 23 months after a previous screening colonoscopy.
''(C) Individual at high risk defined.--In this
subsection, an 'individual at high risk for colorectal
cancer' is an individual who, because of family
history, prior experience of cancer or precursor
neoplastic polyps, a history of chronic digestive
disease condition (including inflammatory bowel
disease, Crohn's Disease, or ulcerative colitis), the
presence of any appropriate recognized gene markers for
colorectal cancer, or other predisposing factors, faces
a high risk for colorectal cancer.
''(4) Reductions in payment limit and revision of
frequency.--
''(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1998, reduce the amount of
such
limit as it applies nationally or in any area to the
amount that the Secretary estimates is required to assure that such
tests of an appropriate quality are readily and conveniently available
during the year.
''(B) Revision of frequency.--
''(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and
screening colonoscopy based on age and such
other factors as the Secretary believes to be
pertinent.
''(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1999.
''(5) Limiting charges of nonparticipating physicians.--
''(A) In general.--In the case of a screening
flexible sigmoidoscopy provided to an individual for
the purpose of early detection of colon cancer or a
screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early
detection of colon cancer for which payment may be made
under this part, if a nonparticipating physician
provides the procedure to an individual enrolled under
this part, the physician may not charge the individual
more than the limiting charge (as defined in section
1848(g)(2)).
''(B) Enforcement.--If a physician or supplier
knowing and willfully imposes a charge in violation of
subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ''subsection (h)(1),'' and inserting ''subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ''The Secretary'' and inserting ''Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ''a service'' and
inserting ''a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer or a screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ''and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting '', and'', and
(iii) by adding at the end the following new
subparagraph:
''(G) in the case of screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and screening colonoscopy
provided for the purpose of early detection of colon cancer,
which are performed more frequently than is covered under
section 1834(d);''; and
(B) in paragraph (7), by striking ''paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ''subparagraphs (B),
(F), or (G) of paragraph (1)''.

SEC. 3. EFFECTIVE DATE.

The amendments made by section 2 shall apply to screening fecal-
occult blood tests, screening flexible sigmoidoscopies, and screening
colonoscopy performed on or after January 1, 1996.

Answer: Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Great Lakes Protection and
Restoration Act of 2000''.

TITLE I--SEDIMENT REMEDIATION GRANT PROGRAM

SEC. 101. SHORT TITLE.

This title may be cited as the ''Great Lakes Legacy Act of 2000''.

SEC. 102. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION AT AREAS
OF CONCERN.

Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by adding at the end the following:
''(12) Grants for remediation of sediment contamination at
areas of concern.--
''(A) In general.--In accordance with this
paragraph, the Administrator, acting through the Great
Lakes National Program Office described in subsection
(b), may make grants to States, Indian tribes (as
defined in section 518(h)), regional agencies, and
local governments to carry out qualified projects.
''(B) Qualified project.--In this paragraph, a
qualified project is a project to be carried out in an
area of concern located wholly or in part in the United
States, that--
''(i) remediates contaminated sediment;
''(ii) prevents further or renewed
contamination of sediment; or
''(iii) monitors or evaluates contaminated
sediment.
''(C) Priority.--In selecting applicants to receive
grants under this paragraph, the Administrator shall
give priority to an applicant proposing to carry out a
qualified project that--
''(i) remediates contaminated sediment;
''(ii) is to be carried out in an area of
concern located wholly within the United
States;
''(iii) has been identified in a remedial
action plan submitted pursuant to paragraph
(3), and is ready to be implemented; or
''(iv) will use an innovative approach to
or technique for remediation.
''(D) Limitations.--The Administrator may not make
a grant under this paragraph to carry out any of the
following types of projects:
''(i) A project located in an area of
concern that the Administrator determines is
likely to suffer further or renewed
contamination from existing sources of
pollutants into navigable waters.
''(ii) A project that, following an
evaluation of the short-term and long-term
impacts of the project in relation to the
reduction of risks to human health and the
environment, the Administrator determines will
be likely to have a greater adverse impact on
human health and the environment than other
remedial measures, including measures that do
not involve active remediation.
''(E) Non-federal matching requirement.--
''(i) In general.--The non-Federal share of
the cost of any project assisted under this
paragraph shall be not less than 35 percent.
''(ii) In-kind contributions.--The non-
Federal share of the cost of a project assisted
under this paragraph may include the value of
in-kind services contributed by a non-Federal
source, including any in-kind service performed
under a consent decree or administrative order,
but not including any in-kind services
performed under an enforcement order or
judgment.
''(iii) Operation and maintenance.--The
non-Federal share of the cost of the operation
and maintenance of any project assisted under
this paragraph shall be 100 percent.
''(F) Maintenance of effort.--No grant may be made
under this paragraph in any fiscal year to carry out a
project unless the grantee enters into such agreements
with the Administrator as the Administrator may require
to ensure that the grantee will maintain its aggregate
expenditures from all other sources for remediation
programs in the area of concern in which the project is
located at or above the average level of such
expenditures in its 2 fiscal years preceding the date
on which the grant is made.
''(G) Consideration of risks, benefits, impacts,
implementation, and cost.--The Administrator shall
require that each applicant for assistance under this
paragraph demonstrate that each remedial action to be
implemented by a project to be assisted has been
selected only after careful consideration of--
''(i) the risks to human health and the
environment posed by the remedial action and
the contaminants to be remediated;
''(ii) the benefits of the remedial action;
''(iv) the short-term and long-term impacts
of the remedial action;
''(v) the likelihood that the remedial
action can be implemented; and
''(vi) the cost of the remedial action.
''(H) Coordination.--In making grants under this
paragraph, the Administrator shall coordinate with the
Secretary of the Army, and with the Governors of States
in which projects assisted under this paragraph are
located, to ensure that Federal and State assistance
for remediation in areas of concern is used as
efficiently as possible.
''(I) Authorization of appropriations.--
''(i) In general.--In addition to other
amounts authorized under this section, there is
authorized to be appropriated to carry out this
paragraph $50,000,000 for each of fiscal years
2001 through 2005.
''(ii) Availability.--Funds appropriated
under clause (i) shall remain available until
expended.''.

TITLE II--MORATORIUM ON EXPORTS OF BULK FRESH WATER

SEC. 201. FINDINGS.

The Congress finds that--
(1) the waters and water-dependent natural resources of the
Great Lakes Basin are precious public resources, held in trust
by the Great Lakes States and the Canadian provinces of Ontario
and Quebec;
(2) authority over the Great Lakes is vested in the
Governors of the Great Lakes States by the Water Resources
Development Act of 1986;
(3) the Great Lakes Charter of 1985 is a voluntary
international agreement that provides the procedural framework
for notice and consultation by the Great Lakes States and the
Canadian provinces concerning the withdrawal of water from the
Great Lakes Basin;
(4) the Governors of the Great Lakes States, in exercise of
their authority under the Water Resources Development Act of
1986, and the premiers of the Canadian provinces have based
decisions on proposals to withdraw, divert, or use waters from
the Great Lakes Basin on the extent to which such proposals
conserve and protect waters and water-dependent resources of
the Great Lakes Basin;
(5) decisionmaking must remain vested in the Governors of
the Great Lakes States and the premiers of the Canadian
provinces, who currently manage the Great Lakes Basin on a day-
to-day basis;
(6) demand for clean and fresh water is growing around the
world and bulk exports pose a unique challenge to the
management of the Great Lakes; and
(7) the ecological effects of bulk exports of water from
the Great Lakes are unknown.

SEC. 202. MORATORIUM ON EXPORTS OF BULK FRESH WATER.

(a) Moratorium on Exports.--No bulk fresh water from the Great
Lakes Basin may be exported from the United States.
(b) Lifting of Moratorium.--Subsection (a) shall cease to apply on
the earlier of--
(1) December 31, 2001; or
(2) the effective date of an Act of Congress approving an
agreement among the Great Lakes States to implement a mechanism
that provides for a common conservation standard to make
decisions concerning the withdrawal and use of water from the
Great Lakes Basin.

SEC. 203. DEFINITIONS.

As used in this title--
(1) the term ''bulk fresh water'' means fresh water
extracted in amounts intended for transportation by tanker or
similar form of mass transportation, without further
processing;
(2) the term ''Great Lakes Basin'' means the water within
Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior,
within interconnecting waterways, within all other watercourses
draining into and between those lakes, and within all tributary
surface and underground channels or areas which drain into or
comprise part of any watershed draining into any of those
lakes; and
(3) the term ''Great Lakes State'' means each of the States
of Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin.

Answer:
Sets forth limitations on projects.
Requires the non-Federal share of project costs to be at least 35 percent and 100 percent for project operation and maintenance costs. Conditions grants on a grantee achieving a specified maintenance of effort requirement with respect to expenditures from other sources for remediation programs. Requires grant applicants to demonstrate that project remedial actions have been selected only after consideration of specified health and environmental risks, benefits, impacts, implementation likelihood, and costs.
Authorizes appropriations.
Title II: Moratorium on Exports of Bulk Fresh Water
- Prohibits the export from the United States of bulk fresh water from the Great Lakes Basin. Makes such prohibition inapplicable on the earlier of: (1) December 31, 2001; or (2) the effective date of an Act of Congress approving an agreement among the Great Lakes States to implement a mechanism that provides for a common conservation standard to make decisions concerning the withdrawal and use of water from the Basin. Defines "bulk fresh water" as fresh water extracted in amounts intended for transportation by tanker or similar form of mass transportation without further processing.