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Q: 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.

A: 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.
****
Q: SECTION 1. INCENTIVES TO INCREASE USE OF HIV SCREENING TESTS UNDER THE
MEDICAID PROGRAM.

(a) Higher Federal Matching Percentage for Routine HIV Screening
Services.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
''(7) an amount equal to 90 percent of the sums expended
during such quarter which are attributable to the costs of
providing routine HIV screening services (as defined in
subsection (aa)(1)) if the conditions described in subsection
(aa)(2) are met; plus''; and
(2) by adding at the end the following new subsection:
''(aa) Routine HIV Screening Services.--
''(1) In general.--For purposes of this section, the term
'routine HIV screening services' means the following:
''(A) An HIV screening test (and, if such test is
positive, a confirmatory HIV test), including the
interpretation of such tests, that is provided as part
of medical care in any health care setting (other than
an inpatient hospital setting) for an individual who--
''(i) is at least 13, but not more than 64,
years of age;
''(ii) is not known to the health care
provider (directly, through information
provided by the individual, or through access
to an electronic medical record) previously
ever to have had a positive test for HIV or,
subject to paragraph (3), within the previous 6
months to have had any test for HIV; and
''(iii) has been informed that such a test
will be administered and has not objected to
such a test.
''(B) Informing an individual so tested of the
results of the tests at the time of such examination.
''(C) In the case of such an individual who tests
positive for HIV on the screening and confirmatory
tests, post-test counseling concerning HIV at the time,
and as part of, such examination.
''(2) Conditions.--For purposes of subsection (a)(7), the
conditions of this paragraph, with respect to routine HIV
screening services, are that--
''(A) the payment amount for such services under
this title is reasonable and closely approximates the
payment amount for such services under part B of title
XVIII;
''(B) no cost-sharing is imposed under this title
for the provision of such services; and
''(C) in the case of a State for which a political
subdivision is required to contribute towards the non-
Federal share of expenditures for routine HIV screening
services, the increase in the Federal share applicable
under subsection (a)(5) to such services is first
applied to reduce the contribution (but not below zero)
required by such political subdivision.
''(3) Exception.--The limitation under paragraph (1)(A)(ii)
with respect to having a test for HIV within the previous 6
months shall not apply to an individual if the individual
indicates that, because of the individual's possible exposure
to HIV during the intervening period, the individual is at
increased risk of acquiring HIV since such previous test.''.
(b) Conforming Amendments.--
(1) Subparagraphs (E) and (F) of section 1919(h)(2) of such
Act (42 U.S.C. 1396r(h)(2)) are each amended by striking
''1903(a)(7)'' and inserting ''1903(a)(8)''.
(2) Paragraphs (1) and (2) of section 1931(h) of such Act
(42 U.S.C. 1396u-1(h)) are each amended by striking
''1903(a)(7)'' and inserting ''1903(a)(8)''.
(3) Section 1938(d)(4) of such Act (42 U.S.C. 1396u-
8(d)(4)) is amended by striking ''1903(a)(7)'' and inserting
''1903(a)(8)''.
(4) Section 1940(j) of such Act (42 U.S.C. 1396w(j)) is
amended by striking ''paragraph (7)'' and inserting ''paragraph
(8)''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished on or after the date of the enactment of
this Act.
(d) Report.--Not later 2 years after the date of the enactment of
this Act, the Secretary of Health and Human Services shall submit a
report to Congress on barriers that exist for Medicaid beneficiaries to
access routine HIV screening services (as defined in section 1903(aa)
of the Social Security Act, as added by subsection (a)(2)). Such report
shall include recommendations on how to reduce such barriers to access
such services.

A: Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make quarterly payments to states with Medicaid plans for 90% of their expenditures for routine HIV screening services.
****
Q: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Alabama Black Belt
National Heritage Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Designation of Alabama Black Belt National Heritage Area.
Sec. 4. Local coordinating entity.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Use of Federal funds from other sources.

SEC. 2. DEFINITIONS.

In this Act:
(1) Local coordinating entity.--The term ''local
coordinating entity'' means the Center for the Study of the
Black Belt at the University of West Alabama.
(2) Management plan.--The term ''management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area in accordance with this Act.
(3) National heritage area.--The term ''National Heritage
Area'' means the Alabama Black Belt National Heritage Area
established by this Act.
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.

SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Alabama Black
Belt National Heritage Area in the State of Alabama.
(b) Boundaries.--The National Heritage Area shall consist of sites
as designated by the management plan within a core area located in
Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh,
Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery,
Perry, Pickens, Sumter, Washington, and Wilcox counties.

SEC. 4. LOCAL COORDINATING ENTITY.

(a) Designation.--The Center for the Study of the Black Belt at the
University of West Alabama shall be the local coordinating entity for
the National Heritage Area.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity shall--
(1) submit a management plan to the Secretary in accordance
with this Act;
(2) submit an annual report to the Secretary specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts of non-Federal funds leveraged with
Federal funds and sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit, for each fiscal year for
which the local coordinating entity receives Federal funds, all
information pertaining to the expenditure of the funds and any
matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(c) Authorities.--For the purposes of preparing and implementing
the approved management plan, the local coordinating entity may--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.

SEC. 5. MANAGEMENT PLAN.

(a) Requirements.--The management plan shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, and local governments, private organizations,
and citizens plan to take to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, funded, managed, and
developed;
(5) include recommendations for resource management
policies and strategies, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(6) describe a program for implementation of the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this Act; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan.
(b) Deadline.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit the management
plan to the Secretary for approval.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
management plan, the Secretary shall review and approve or
disapprove the management plan on the basis of the criteria
listed in paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of Alabama before approving a management plan.
(3) Criteria for approval.--In determining whether to
approve a management plan, the Secretary shall consider
whether--
(A) the local coordinating entity--
(i) represents the diverse interests of the
National Heritage Area, including Federal,
State, and local governments, natural, and
historical resource protection organizations,
educational institutions, businesses,
recreational organizations, community
residents, and private property owners;
(ii) has afforded adequate opportunity for
public and Federal, State, and local
governmental involvement (including through
workshops and public meetings) in the
preparation of the management plan;
(iii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan; and
(iv) has demonstrated the financial
capability, in partnership with others, to
carry out the management plan;
(B) the management plan--
(i) describes resource protection,
enhancement, interpretation, funding,
management, and development strategies which,
if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop
the natural, historical, cultural, educational,
scenic, and recreational resources of the
National Heritage Area;
(ii) would not adversely affect any
activities authorized on Federal land under
public applicable laws or land use plans;
(iii) demonstrates partnerships among the
local coordinating entity, Federal, State, and
local governments, regional planning
organizations, nonprofit organizations, and
private sector parties for implementation of
the management plan; and
(iv) complies with the requirements of this
section; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed that the State and local aspects of
the management plan will be effectively implemented.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the approved
management plan that substantially alters such plan
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original
management plan.
(B) Implementation.--The local coordinating entity
shall not implement a substantial amendment to the
management plan until the Secretary approves the
amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this Act for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this Act.

SEC. 6. EVALUATION; REPORT.

(a) Evaluation.--The Secretary shall conduct an evaluation of the
accomplishments of the National Heritage Area. An evaluation conducted
under this subsection shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan;
(2) analyze the Federal, State, and local government, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, based on the evaluation conducted under subsection (a), the
Secretary shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate. The report shall include recommendations for
the future role of the National Park Service, if any, with respect to
the National Heritage Area.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including development and management of energy, water, or
water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this Act shall preclude the local coordinating entity
from using Federal funds available under other laws for the purposes
for which those funds were authorized.

A:
Alabama Black Belt National Heritage Area Act - Establishes the Alabama Black Belt National Heritage Area in Alabama. Designates the Center for the Study of the Black Belt at the University of West Alabama as the local coordinating entity for the Heritage Area, requires the Center to submit a management plan for the Heritage Area, and sets forth procedures for the approval or disapproval of such plan.
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