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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.
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.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Outdoor Recreation Legacy
Partnership Grant Program Act of 2015''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Eligible entity.--
(A) In general.--The term ''eligible entity''
means--
(i) a State;
(ii) a political subdivision of a State,
including--
(I) a city; and
(II) a county;
(iii) a special purpose district, including
park districts; and
(iv) an Indian tribe (as defined in section
4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)).
(B) Political subdivisions and indian tribes.--A
political subdivision of a State or an Indian tribe
shall be considered an eligible entity only if the
political subdivision or Indian tribe represents or
otherwise serves a qualifying urban area.
(2) Outdoor recreation legacy partnership grant program.--
The term ''Outdoor Recreation Legacy Partnership Grant
Program'' means the program established under section 3(a).
(3) Qualifying urban area.--The term ''qualifying urban
area'' means an area described in the notice of the Bureau of
the Census entitled ''Qualifying Urban Areas for the 2010
Census'' (77 Fed. Reg. 18652 (March 27, 2012)).
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.

SEC. 3. GRANTS AUTHORIZED.

(a) In General.--The Secretary shall establish an outdoor
recreation legacy partnership grant program under which the Secretary
may award grants to eligible entities for projects--
(1) to acquire land and water for parks and other outdoor
recreation purposes; and
(2) to develop new or renovate existing outdoor recreation
facilities.
(b) Matching Requirement.--
(1) In general.--As a condition of receiving a grant under
subsection (a), an eligible entity shall provide matching funds
in the form of cash or an in-kind contribution in an amount
equal to not less than 100 percent of the amounts made
available under the grant.
(2) Sources.--The matching amounts referred to in paragraph
(1) may include amounts made available from State, local,
nongovernmental, or private sources.

SEC. 4. ELIGIBLE USES.

(a) In General.--A grant recipient may use a grant awarded under
this Act--
(1) to acquire land or water that provides outdoor
recreation opportunities to the public; and
(2) to develop or renovate outdoor recreational facilities
that provide outdoor recreation opportunities to the public,
with priority given to projects that--
(A) create or significantly enhance access to park
and recreational opportunities in an urban neighborhood
or community;
(B) engage and empower underserved communities and
youth;
(C) provide opportunities for youth employment or
job training;
(D) establish or expand public-private
partnerships, with a focus on leveraging resources; and
(E) take advantage of coordination among various
levels of government.
(b) Limitations on Use.--A grant recipient may not use grant funds
for--
(1) grant administration costs;
(2) incidental costs related to land acquisition, including
appraisal and titling;
(3) operation and maintenance activities;
(4) facilities that support semiprofessional or
professional athletics;
(5) indoor facilities such as recreation centers or
facilities that support primarily non-outdoor purposes; or
(6) acquisition of land or interests in land that restrict
access to specific persons.

SEC. 5. NATIONAL PARK SERVICE REQUIREMENTS.

In carrying out the Outdoor Recreation Legacy Partnership Grant
Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received; and
(2) evaluate and score all qualifying applications.

SEC. 6. REPORTING.

(a) Annual Reports.--Not later than 30 days after the last day of
each report period, each State lead agency that receives a grant under
this Act shall annually submit to the Secretary performance and
financial reports that--
(1) summarize project activities conducted during the
report period; and
(2) provide the status of the project.
(b) Final Reports.--Not later than 90 days after the earlier of the
date of expiration of a project period or the completion of a project,
each State lead agency that receives a grant under this Act shall
submit to the Secretary a final report containing such information as
the Secretary may require.

SEC. 7. REVENUE SHARING.

Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of
2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting
before the period at the end '', of which 20 percent for each of fiscal
years 2017 through 2055 shall be used by the Secretary of the Interior
to provide grants under the Outdoor Recreation Legacy Partnership Grant
Program Act of 2015.''.
Outdoor Recreation Legacy Partnership Grant Program Act of 2015 This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior awards grants to eligible entities (the states, their political subdivisions, special purpose districts, and Indian Tribes) for projects to: (1) acquire land and water for parks and other outdoor recreation purposes, and (2) develop new or renovate existing outdoor recreation facilities. As a condition for receiving a grant, an eligible entity shall provide matching funds in cash or in kind equal to 100% of the amounts available under the grant. A grant recipient may use the grant to acquire land or water providing outdoor recreation opportunities to the public. A grant may also be used to develop or renovate outdoor recreational facilities, with priority given to projects that: create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; engage and empower underserved communities and youth; provide opportunities for youth employment or job training; establish or expand public-private partnerships; take advantage of coordination among various levels of government. Grant funds may not be used for specified costs, facilities, and activities, including the acquisition of lands or interests that restrict access to particular persons.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Oil Spill Prevention and Liability
Act of 2004''.

SEC. 2. DEFINITION OF RESPONSIBLE PARTY.

Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)) is amended by striking subparagraph (A) and inserting the
following:
''(A) Vessels.--
''(i) In general.--In the case of a vessel
other than a single-hull tank vessel, any
person that owns, operates, or demise charters
the vessel.
''(ii) Single-hull tank vessels.--In the
case of a single-hull tank vessel, any person
that--
''(I) owns, operates, or demise
charters the vessel; or
''(II) by contract or agreement,
through an agent, or otherwise,
arranges for the shipment in a single-
hull tank vessel of oil owned or
possessed by the person or any other
person.''.

SEC. 3. LIMITS ON LIABILITY.

(a) Increase in Liability Limits.--Section 1004(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (1)--
(A) by striking ''for a tank vessel, the greater
of--'' and inserting ''for a double-hull tank vessel,
after December 31, 2004, the greater of--'';
(B) in subparagraph (A), by striking ''$1,200'' and
inserting ''$2,400''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking
''$10,000,000'' and inserting ''$20,000,000'';
and
(ii) in clause (ii), by striking
''$2,000,000'' and inserting ''$4,000,000'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
''(2) for a single-hull tank vessel--
''(A) during the period beginning January 1, 2005,
and ending December 31, 2005, the greater of--
''(i) $2,400 per gross ton; or
''(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $20,000,000; or
''(II) in the case of a vessel of 3,000
gross tons or less, $4,000,000;
''(B) during the period beginning January 1, 2006,
and ending December 31, 2006, the greater of--
''(i) $3,600 per gross ton; or
''(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $30,000,000; or
''(II) in the case of a vessel of 3,000
gross tons or less, $6,000,000;
''(C) during the period beginning January 1, 2007,
and ending December 31, 2007, the greater of--
''(i) $4,800 per gross ton; or
''(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $40,000,000; or
''(II) in the case of a vessel of 3,000
gross tons or less, $8,000,000;
''(D) during the period beginning January 1, 2008,
and ending December 31, 2008, the greater of--
''(i) $6,000 per gross ton; or
''(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $50,000,000; or
''(II) in the case of a vessel of 3,000
gross tons or less, $10,000,000;
''(E) during the period beginning January 1, 2009,
and ending December 31, 2009, the greater of--
''(i) $7,200 per gross ton; or
''(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $60,000,000; or
''(II) in the case of a vessel of 3,000
gross tons or less, $12,000,000; and
''(F) after December 31, 2009, the maximum amount
permitted under the Constitution;'';
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ''$600'' and inserting ''$1,200'';
and
(B) by striking ''$500,000'' and inserting
''$1,000,000'';
(5) in paragraph (4) (as redesignated by paragraph (2)), by
striking ''$75,000,000'' and inserting ''$150,000,000''; and
(6) in paragraph (5) (as redesignated by paragraph (2)), by
striking ''$350,000,000'' and inserting ''$700,000,000''.
(b) Adjustment of Liability Limits.--Section 1004(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
''(1) Deepwater ports and associated vessels.--The
Secretary may establish a limit of liability of less than
$700,000,000, but not less than $100,000,000, for the
transportation of oil by vessel to deepwater ports (as defined
in section 3 of the Deepwater Port Act of 1974 (33 U.S.C.
1502)).''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(c) Adjustment for Inflation.--Paragraph (2) of section 1004(d) of
the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) (as redesignated by
subsection (b)(2)) is amended--
(1) by striking ''The President'' and inserting ''The
Secretary of the department in which the Coast Guard is
located, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of the
Interior,''; and
(2) by striking ''significant''.

SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.

(a) Conditions for Entry to Ports in the United States.--Section 9
of the Ports and Waterways Safety Act (33 U.S.C. 1228) is amended by
adding at the end the following:
''(c) Risk of Severe Harm.--Not later than January 1, 2006, the
Secretary of the department in which the Coast Guard is located shall
promulgate regulations under which the owner or operator of a port on
the navigable waters of the United States may, after December 31, 2009,
request the Secretary of the department in which the Coast Guard is
located to place restrictions on the entry into port of the shipment of
an individual tank vessel, or class of tank vessels, that presents a
risk of severe harm to the environment, economy, or public safety of
the port or port region.''.
(b) Inspection and Examination.--Section 3714(a) of title 46,
United States Code, is amended by adding at the end the following:
''(6) In addition to the inspections required under
paragraphs (1) and (2), each single-hull tank vessel that is
more than 15 years of age shall undergo an annual inspection in
accordance with the Condition Assessment Scheme of the Marine
Environment Protection Committee of the International Maritime
Organization, adopted by Resolution 94(46) on April 27, 2001,
as determined in accordance with regulations promulgated by the
Secretary.''.

SEC. 5. STUDY.

(a) Administration.--The Commandant of the Coast Guard shall offer
to enter into a contract with the National Academy of Sciences to
conduct a study to assess the total economic cost of oil spills, and
the types of costs resulting from oil spills, in the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to Congress a
report describing the results of the study.

SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on
January 1, 2005.
Oil Spill Prevention and Liability Act of 2004 - Amends the Oil Pollution Act of 1990 to double liability limits associated with oil spills for double-hull tank vessels, other vessels, offshore facilities (except deepwater ports), and onshore facilities and deepwater ports.

Gradually phases out (over six years) liability limits for single-hull vessels.

Authorizes the Secretary of the department in which the Coast Guard is operating to establish separate liability limits for the transportation of oil by vessel to deepwater ports.

Amends the Ports and Waterways Safety Act to require the Secretary to promulgate regulations under which port owners or operators may request that the Secretary place restrictions on the entry of tank vessel shipments presenting a risk of severe harm to the environment, economy, or public safety of the port or port region.

Requires single-hull tank vessels that are more than 15 years old to undergo annual inspections.

Directs the Commandant of the Coast Guard to contract with the National Academy of Sciences for a study assessing the total economic cost of oil spills, and the types of costs resulting from such spills, and to report the findings to Congress.