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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''American Fisheries Advisory
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended by adding at the end the following:
''(f) American Fisheries Advisory Committee.--
''(1) Definitions.--In this subsection:
''(A) Committee.--The term 'Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
''(B) Marketing and promotion.--The term 'marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
''(C) Processor.--The term 'processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
''(D) Seafood.--The term 'seafood' means farm-
raised and wild-caught fish or shellfish harvested in
the United States or by a United States flagged vessel
for human consumption.
''(E) Seafood industry.--The term 'seafood
industry' means harvesters, marketers, growers,
processors, and persons providing them with goods and
services.
''(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish five regions within the
American Fisheries Advisory Committee as follows:
''(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
territories of Guam and American Samoa.
''(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut,
New York, Michigan, Minnesota, Wisconsin, Illinois,
Indiana, Ohio, and Pennsylvania.
''(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Puerto Rico, and the
territory of the Virgin Islands.
''(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
''(E) Region 5 shall consist of New Jersey,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.
''(3) Membership.--The Committee shall be composed of the
following members:
''(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (E) of paragraph
(2) shall be represented on the Committee by two
members--
''(i) who are appointed by the Secretary;
''(ii) who reside in a State or territory
in the region that the member will represent;
''(iii) of which--
''(I) one shall have experience as
a seafood harvester; and
''(II) one shall have experience as
a processor; and
''(iv) that are selected so that the
members of the Committee have experience or
expertise with as many seafood species as
practicable.
''(B) At-large members.--The Secretary shall
appoint to the Committee at-large members to ensure
that the Committee fairly reflects the expertise and
interest of the seafood industry located in each
region, as follows:
''(i) One individual with experience in
mass market food distribution.
''(ii) One individual with experience in
mass market food retail or food service.
''(iii) One individual with experience in
the marketing of seafood.
''(iv) One individual with experience in
growing seafood.
''(v) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
''(4) Member terms.--The term for a member of the Committee
shall be three years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
''(5) Responsibilities.--The Committee shall be responsible
for--
''(A) identifying needs of the seafood industry
that may be addressed by a project funded with a grant
under subsection (c);
''(B) developing the request for proposals for such
grants;
''(C) reviewing applications for such grants; and
''(D) selecting applications for approval under
subsection (c)(2)(B).
''(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
''(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser number may
hold hearings.
''(8) Meetings.--
''(A) Frequency.--The Committee shall meet not more
than two times each year.
''(B) Location.--The meetings of the Committee
shall rotate between the geographic regions described
under paragraph (2).
''(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.
''(9) Staff.--The Committee may employ staff as necessary
without regard to the provisions of title 5, United States
Code.
''(10) Per diem and expenses and funding.--
''(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
''(B) Funding.--The reimbursements made under
subparagraph (A) shall be paid with the funds made
available for grants under subsection (c).
''(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as
follows:
''(3) No application for a grant under this subsection may be
approved unless--
''(A) the Secretary is satisfied that the applicant has the
requisite technical and financial capability to carry out the
project; and
''(B) the application is selected for funding by the
American Fisheries Advisory Committee under subsection (f).''.

SOLUTION: American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Security and Freedom Through
Encryption (SAFE) Act''.

SEC. 2. SALE AND USE OF ENCRYPTION.

(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 121 the following new chapter:

''CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION

''2801. Definitions.
''2802. Freedom to use encryption.
''2803. Freedom to sell encryption.
''2804. Prohibition on mandatory key escrow.
''2805. Unlawful use of encryption in furtherance of a criminal act.
''Sec. 2801. Definitions
''As used in this chapter--
''(1) the terms 'person', 'State', 'wire communication',
'electronic communication', 'investigative or law enforcement
officer', 'judge of competent jurisdiction', and 'electronic
storage' have the meanings given those terms in section 2510 of
this title;
''(2) the terms 'encrypt' and 'encryption' refer to the
scrambling of wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and prevent
unauthorized recipients from accessing or altering, such
information;
''(3) the term 'key' means the variable information used in
a mathematical formula, code, or algorithm, or any component
thereof, used to decrypt wire or electronic information that
has been encrypted; and
''(4) the term 'United States person' means--
''(A) any United States citizen;
''(B) any other person organized under the laws of
any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States; and
''(C) any person organized under the laws of any
foreign country who is owned or controlled by
individuals or persons described in subparagraphs (A)
and (B).
''Sec. 2802. Freedom to use encryption
''Subject to section 2805, it shall be lawful for any person within
any State, and for any United States person in a foreign country, to
use any encryption, regardless of the encryption algorithm selected,
encryption key length chosen, or implementation technique or medium
used.
''Sec. 2803. Freedom to sell encryption
''Subject to section 2805, it shall be lawful for any person within
any State to sell in interstate commerce any encryption, regardless of
the encryption algorithm selected, encryption key length chosen, or
implementation technique or medium used.
''Sec. 2804. Prohibition on mandatory key escrow
''(a) Prohibition.--No person in lawful possession of a key to
encrypted information may be required by Federal or State law to
relinquish to another person control of that key.
''(b) Exception for Access for Law Enforcement Purposes.--
Subsection (a) shall not affect the authority of any investigative or
law enforcement officer, acting under any law in effect on the
effective date of this chapter, to gain access to encrypted
information.
''Sec. 2805. Unlawful use of encryption in furtherance of a criminal
act
''Any person who willfully uses encryption in furtherance of the
commission of a criminal offense for which the person may be prosecuted
in a court of competent jurisdiction--
''(1) in the case of a first offense under this section,
shall be imprisoned for not more than 5 years, or fined in the
amount set forth in this title, or both; and
''(2) in the case of a second or subsequent offense under
this section, shall be imprisoned for not more than 10 years,
or fined in the amount set forth in this title, or both.''.
(b) Conforming Amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the item
relating to chapter 33 the following new item:

''122. Encrypted wire and electronic information............ 2801''.

SEC. 3. EXPORTS OF ENCRYPTION.

(a) Amendment to Export Administration Act of 1979.--Section 17 of
the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended
by adding at the end thereof the following new subsection:
''(g) Computers and Related Equipment.--
''(1) General rule.--Subject to paragraphs (2), (3), and
(4), the Secretary shall have exclusive authority to control
exports of all computer hardware, software, and technology for
information security (including encryption), except that which
is specifically designed or modified for military use,
including command, control, and intelligence applications.
''(2) Items not requiring licenses.--No validated license
may be required, except pursuant to the Trading With The Enemy
Act or the International Emergency Economic Powers Act (but
only to the estent that the authority of such Act is not
exercised to extend controls imposed under this Act), for the
export or reexport of--
''(A) any software, including software with
encryption capabilities--
''(i) that is generally available, as is,
and is designed for installation by the
purchaser; or
''(ii) that is in the public domain for
which copyright or other protection is not
available under title 17, United States Code,
or that is available to the public because it
is generally accessible to the interested
public in any form; or
''(B) any computing device solely because it
incorporates or employs in any form software (including
software with encryption capabilities) exempted from
any requirement for a validated license under
subparagraph (A).
''(3) Software with encryption capabilities.--The Secretary
shall authorize the export or reexport of software with
encryption capabilities for nonmilitary end-uses in any country
to which exports of software of similar capability are
permitted for use by financial institutions not controlled in
fact by United States persons, unless there is substantial
evidence that such software will be--
''(A) diverted to a military end-use or an end-use
supporting international terrorism;
''(B) modified for military or terrorist end-use;
or
''(C) reexported without any authorization by the
United States that may be required under this Act.
''(4) Hardware with encryption capabilities.--The Secretary
shall authorize the export or reexport of computer hardware
with encryption capabilities if the Secretary determines that a
product offering comparable security is commercially available
outside the United States from a foreign supplier, without
effective restrictions.
''(5) Definitions.--As used in this subsection--
''(A) the term 'encryption' means the scrambling of
wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and
prevent unauthorized recipients from accessing or
altering, such information;
''(B) the term 'generally available' means, in the
case of software (including software with encryption
capabilities), software that is offered for sale,
license, or transfer to any person without restriction,
whether or not for consideration, including, but not
limited to, over-the-counter retail sales, mail order
transactions, phone order transactions, electronic
distribution, or sale on approval;
''(C) the term 'as is' means, in the case of
software (including software with encryption
capabilities), a software program that is not designed,
developed, or tailored by the software publisher for
specific purchasers, except that such purchasers may
supply certain installation parameters needed by the
software program to function properly with the
purchaser's system and may customize the software
program by choosing among options contained in the
software program;
''(D) the term 'is designed for installation by the
purchaser' means, in the case of software (including
software with encryption capabilities) that--
''(i) the software publisher intends for
the purchaser (including any licensee or
transferee), who may not be the actual program
user, to install the software program on a
computing device and has supplied the necessary
instructions to do so, except that the
publisher may also provide telephone help line
services for software installation, electronic
transmission, or basic operations; and
''(ii) the software program is designed for
installation by the purchaser without further
substantial support by the supplier;
''(E) the term 'computing device' means a device
which incorporates one or more microprocessor-based
central processing units that can accept, store,
process, or provide output of data; and
''(F) the term 'computer hardware', when used in
conjunction with information security, includes, but is
not limited to, computer systems, equipment,
application-specific assemblies, modules, and
integrated circuits.''.
(b) Continuation of Export Administration Act.--For purposes of
carrying out the amendment made by subsection (a), the Export
Administration Act of 1979 shall be deemed to be in effect.

SOLUTION: Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act.
Allows any person within any State to sell in interstate commerce any encryption.
Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes.
Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense.
(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use.
Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section.
Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Family Telephone Connection
Protection Act of 2005''.

SEC. 2. FINDINGS.

The Congress finds that:
(1) The telephone is the primary method by which
individuals correspond and maintain contact with family members
who are incarcerated in correctional institutions.
(2) Except for emergency purposes, family members are not
allowed to call people incarcerated in correctional
institutions; incarcerated persons are typically allowed to
call family members and other pre-approved individuals only
through payphones physically located on the premises of
correctional institutions.
(3) Inmate telephone service in correctional institutions
often is limited to collect calling.
(4) Regardless of whether the prisoners' calls are placed
collect or through a debit account, the prisoners' family
members typically pay for the calls, either through their
telephone bills, in the case of collect calls received from
prisoners, or by making deposits directly into prisoners' debit
accounts.
(5) Innocent citizens are paying excessive telephone
charges simply due to having a family member or loved one who
is incarcerated.
(6) The rates for calls from correctional institutions are
some of the highest rates in the United States, with some per-
minute charges reaching $1 and service or connection charges of
$3.95 per call.
(7) Information compiled by the Congress and the Federal
Communications Commission shows that the high rates are due in
part to the lack of competition between telephone companies
that provide long distance inmate telephone service to
correctional institutions.
(8) There are no competitive forces providing incentives
for those carriers to lower prices or operate efficiently
because, unlike the mass market, only one carrier is typically
permitted to provide long distance inmate telephone service
within each correctional institution.
(9) High calling rates also are due in part to commissions
that carriers pay to correctional institution administrators
for the exclusive right to provide long distance inmate
telephone service in a correctional facility. In some cases,
such commissions account for 50 percent or more of the total
charges.
(10) The collection of such commissions by correctional
institution administrators and state departments of correction
based upon interstate telecommunications revenues is a burden
on interstate commerce.
(11) Due to the lack of competition for telephone services
within correctional institutions, families of people in prison,
many of whom have low incomes, cannot choose the long distance
carrier with the lowest calling rates and must pay the
excessive rates charged by the carrier having the exclusive
right to provide long distance service to the correctional
institution from which the call originates.
(12) It is the policy of the United States to ensure that
all Americans are afforded just and reasonable communications
services, including those families that pay rates for inmate
telephone service.
(13) It is clear from various studies that maintaining
frequent and meaningful communications between people who are
incarcerated and family members is key to the successful social
reintegration of formerly incarcerated individuals. Such
contact reduces recidivism and facilitates rehabilitation,
which in turn reduces crime and the future costs of
imprisonment.
(14) Frequent communications between incarcerated persons
and family members is burdened, and in some cases, prevented,
by excessive inmate telephone service rates. Excessive inmate
telephone service rates thus weaken the family and community
ties that are necessary for successful reentry into society by
persons who were formerly incarcerated and the reduction in
crime resulting from successful reentry.
(15) The Commission has the expertise and authority to
regulate inmate telephone service. Because parties to
Commission rulemaking proceedings have raised issues regarding
its authority to implement meaningful relief for excessive
inmate telephone service rates, Congress finds it necessary and
appropriate to reaffirm that the Commission has the authority
to implement the types of relief set forth in this Act.

SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE SERVICE.

(a) Definitions.--Section 226(a) of the Communications Act of 1934
(47 U.S.C. 226(a)) is amended adding at the end the following new
paragraphs:
''(10) The term 'collect' or 'collect call' refers to a
telephone call from a person incarcerated in a correctional
institution that is billed to the subscriber receiving the
call.
''(11) The term 'commission' refers to a fee or other
payment by a provider of inmate telephone service to an
administrator of a correctional institution, department of
correction, or similar entity, based upon, or partly upon,
inmate telephone service revenue.
''(12) The term 'debit account' refers to the payment of
inmate telephone service through a prisoner's prepaid card or
other account, which can be accessed only through an access
code, personal identification number, or similar identifier.
''(13) The term 'inmate telephone service' includes the
provision of telephone service enabling persons incarcerated in
correctional institutions to originate interstate calls at
payphones or other telephones that are designated for
prisoners' personal use, regardless of whether the calls are
collect, paid through a debit account, or paid through any
other means.
''(14) The term 'provider of inmate telephone service'
means any common carrier that provides inmate telephone service
or any other person determined by the Commission to be
providing inmate telephone service.''.
(b) Regulations.--Section 226 is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) inserting after subsection (h) the following new
subsections:
''(i) Regulation of Inmate Telephone Service.--
''(1) Rates.--In order to ensure that charges for inmate
telephone service are just, reasonable, and nondiscriminatory,
the Commission shall consider, either in a rulemaking
proceeding that is pending as of the date of enactment of the
Family Telephone Connection Protection Act of 2005 or in a new
rulemaking proceeding, the following types of regulation of
inmate telephone service, all of which are within the
Commission's jurisdiction and authority:
''(A) prescribing a maximum uniform per-minute
compensation rate;
''(B) prescribing a maximum uniform service
connection or other per-call compensation rate;
''(C) prescribing variable maximum compensation
rates depending on such factors as carrier costs, the
size of the correctional facility served, and other
relevant factors identified by the Commission;
''(D) requiring providers of inmate telephone
service to offer both collect calling and debit account
services;
''(E) prohibiting the payment of commissions by
providers of inmate telephone service to administrators
of correctional institutions, departments of
correction, and similar entities; and
''(F) requiring administrators of correctional
institutions, departments of correction, and similar
entities to allow more than one provider of inmate
telephone service to provide interstate inmate
telephone service at a correctional institution in
order that prisoners have a choice of such providers.
''(2) Scope.--The regulations adopted by the Commission
shall be technologically neutral and shall not jeopardize
legitimate security and penelogical interests. To the extent
the Commission regulations reduce or eliminate the revenue
derived by administrators of correctional institutions,
departments of correction, and similar entities from the
receipt of commissions, such effects of Commission regulations
shall not be considered as jeopardizing or otherwise affecting
legitimate security or penelogical interests.
''(3) Deadlines and periodic review.--The Commission shall
prescribe regulations to implement the provisions of this
subsection within one year after the date of enactment of the
Family Telephone Connection Protection Act of 2005. The
Commission shall review, on a triennial basis, the regulations
promulgated under this subsection, including whether any
Commission-established compensation rates should be modified.
''(4) State preemption.--To the extent that any State
requirements are inconsistent with the Commission's regulations
affecting or pertaining to interstate inmate telephone service,
including restrictions on the payment of commissions based upon
interstate inmate telephone service revenues or earnings, the
Commission's regulations on such matters shall preempt such
State requirements.
''(j) Inmate Telephone Service Fully Subject to Sections 251 and
252.--
''(1) Inmate telephone service is fully subject to the
requirements of sections 251 and 252 of this Act.
''(2) No provider of inmate telephone service may block or
otherwise refuse to carry a call placed by an incarcerated
person on the grounds that the provider has no contractual or
other arrangement with the local exchange carrier serving the
intended recipient of the call or other common carrier involved
in any portion of the transmission of the call.''.

SOLUTION:
Family Telephone Connection Protection Act of 2005 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to consider the following types of regulation of inmate telephone service: (1) prescribing a maximum uniform per-minute rate (paid to telephone service providers); (2) prescribing a maximum uniform service connection or other per-call rate; (3) prescribing variable maximum rates depending on factors such as carrier costs or the size of the correctional facility; (4) requiring providers of inmate telephone service to offer both collect calling and debit account services; (5) prohibiting the payment of commissions by such providers to administrators of correctional facilities; and (6) requiring such administrators to allow more than one service provider at a facility so that prisoners have a choice.