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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Adolescent Web Awareness Requires
Education Act'' or the ''AWARE Act''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) The Internet is an invaluable tool that is critical to
the ability of the Nation to compete in a global economy. The
Internet provides instant access to research and boundless
information and connects individuals around the world.
(2) About 93 percent of youth ages 12 through 17 years use
online services regularly and nearly 45 percent of children
ages 3 to 11 years will use the Internet on a monthly basis in
2009. Eighty-nine percent of teens have a profile on social
networking sites. Eighty percent of teens ages 13 through 17
years use cell phones, most of which have built-in cameras.
(3) Bullying in schools can take many forms, including
sending insulting, threatening, or offensive messages via
Internet sites, email, instant messaging, cell phone text
messaging, telephone, or any other electronic messaging system.
(4) In a recent survey, 1 in 5 teenagers stated that they
had used their cell phones to send explicit photos of
themselves to a peer, a practice commonly known as ''sexting''.
In most States, such conduct can subject young adults to felony
child pornography charges and the potential punishment of
registering as a sex offender.
(5) The Internet has facilitated the growth of a
multibillion dollar global market for child pornography, far
exceeding the capacity of law enforcement to respond at the
Federal, State, and local level.
(6) Internet safety education, coupled with technology
tools, is the most effective way to resolve and prevent these
crimes and other dangers committed on the Internet and in other
new media.
(7) According to an empirical study of 1,379 fourth grade
students in Virginia, the first State to mandate Internet
safety education in its schools, the students improved their
responses to 8 of 10 Internet safety scenarios after completing
an Internet safety education program, with the greatest
improvement in uncomfortable content and cyberbullying.
(8) The enactment of the Children's Internet Protection Act
(Public Law 106-554; 114 Stat. 2763A-336) mandated that schools
implement Internet safety policies and technology protection
measures in order to receive discounts to obtain affordable
telecommunications and Internet access. Most schools have now
developed acceptable use policies and have implemented
filtering and other technology-based solutions to help protect
children.
(9) However, less than 25 percent of educators feel
comfortable teaching students how to protect themselves from
online predators, bullies, and identity thieves, according to a
recent study by the National Cyber Security Alliance and
Educational Technology Policy, Research, and Outreach. The same
study found that 90 percent of educators have received less
than 6 hours of professional development on issues related to
online security in the past year. As a result, many students
receive little or no education on safe and responsible use of
the Internet and other new media.
(10) The widespread use of the Internet, cell phones,
interactive gaming, and other electronic communication devices
by children both inside and outside of schools suggests that
acceptable use policies and filtering alone cannot resolve
Internet safety concerns and that a greater focus on education
would be beneficial.
(11) In a national poll on children's health, parents
ranked Internet safety fifth among their top health concerns
for children. Yet according to a Common Sense Media poll
conducted in 2006, almost 90 percent of parents say that they
lack the knowledge about how to protect their children online.
For this reason, educating parents about Internet safety is key
to empowering them to understand actual risks and to take an
active role in protecting their children.
(12) The problem of online harassment, or cyberbullying, of
youth by other youths is widespread and results in a range of
children's experiences from minor irritation to severe
emotional harm. The Bureau of Justice Statistics has found that
online harassment tends to begin in third and fourth grade,
peaks in seventh and eighth grade, and continues in reduced
amounts throughout high school, college, and professional
school.
(13) Gang members increasingly are using the Internet as a
recruitment tool to entice would-be members and as an
intimidation tool to threaten rival gangs. Gang members use the
Internet, in particular, to promote their message.
(14) More research is needed in several areas of youth
online safety, including--
(A) the prevention of minor-to-minor solicitation
and other inappropriate use of the Internet;
(B) the prevention of the creation of problematic
content by youths;
(C) the protection of lesbian, gay, bisexual, and
transgender youth and youth with disabilities that may
be particularly vulnerable;
(D) the interplay between socioeconomic class and
risk factors;
(E) the role that pervasive digital image and video
capture devices play in harassment of youth by other
youth and youth production of problematic content;
(F) the intersection of different mobile and
Internet-based technologies; and
(G) the online activities of registered sex
offenders.
(b) Purposes.--The purposes of this Act are to--
(1) facilitate research and identify best practices in
Internet safety education for youth, parents, and education
officials; and
(2) establish a competitive grant program for State
education agencies, local educational agencies, and nonprofit
organizations to institute best practices relating to Internet
education and the research-based recommendations derived from
the study conducted under this Act.

SEC. 3. GRANT PROGRAM.

(a) Authority To Make Grants.--
(1) In general.--Subject to subsection (e)(1), the Attorney
General, after consultation with the Secretary of Education and
the Secretary of Health and Human Services, shall make grants
to eligible entities to carry out an Internet safety education
program.
(2) Period.--A grant under this section shall be for a 2-
year period.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General, which
shall include--
(1) a description of the partnership arrangements, if any,
of the eligible entity relating to the activities to be carried
out with the grant;
(2) a description of the measurable goals of the eligible
entity relating to the activities to be carried out with the
grant;
(3) a description of how the Internet safety education
program of the eligible entity shall achieve the measurable
goals described in paragraph (2);
(4) a description of the plan of the eligible entity to
continue to implement the Internet safety education program
after the grant under this section ends;
(5) a description of how funds under the grant may be used
and coordinated with Internet safety education programs being
carried out on the date of enactment of this Act or other
Internet safety education programs established with grants
under this section;
(6) a description of the target audience under the proposed
Internet safety education program;
(7) a certification that the eligible entity enforces the
operation of technology protection measures under section
254(h)(5) of the Communications Act of 1934 (47 U.S.C.
254(h)(5)) if the eligible entity provides Internet access to
minors; and
(8) any other information or assurances required by the
Attorney General.
(c) Prioritization.--In making grants under this section, the
Attorney General shall give priority to an eligible entity that--
(1) identifies and targets at-risk children;
(2) works in partnership with the private sector, law
enforcement, the philanthropic community, the media,
researchers, social services organizations, or other community-
based groups;
(3) provides Internet safety education programs at no cost
to students or schools;
(4) accommodates different languages and language
proficiencies;
(5) accommodates differing levels of technological
sophistication; or
(6) has a viable plan to sustain the Internet safety
education program after the grant program ends.
(d) Use of Funds.--An eligible entity may use a grant under this
section to--
(1) identify, develop, and implement Internet safety
education programs, including educational technology,
multimedia and interactive applications, online resources, and
lesson plans;
(2) provide professional training to elementary and
secondary school teachers, administrators, and other staff on
Internet safety and new media literacy;
(3) educate parents about teaching their children how to
use the Internet and new media safely and responsibly and help
parents identify and protect their children from risks relating
to use of the Internet and new media;
(4) develop online risk prevention programs for children;
(5) train and support peer-driven Internet safety education
initiatives;
(6) coordinate and fund research initiatives that
investigate online risks to children and Internet safety
education; or
(7) develop and implement public education campaigns to
promote awareness of online risks to children and Internet
safety education.
(e) Grant Guidance.--
(1) In general.--Before making grants under this section,
and not later than 1 month after the date on which the study
under paragraph (3)(A) is completed, the applicable agency
heads, in consultation with education groups, internet safety
groups, and other relevant experts in the field of new media
and child safety, shall issue detailed guidance for the grant
program under this section.
(2) Contents of guidance.--The grant guidance shall be
implemented by the Attorney General in accordance with best
practices relating to Internet education and the research-based
recommendations derived from the study conducted under
paragraph (3)(A).
(3) Internet safety research.--
(A) Initial research.--The Attorney General shall
enter into contracts with 1 or more private companies,
government agencies, or nonprofit organizations to
complete a study, not later than 6 months after the
date of enactment of this Act, regarding--
(i) the nature, prevalence, and quality of
Internet safety education programs and any
evidence-based research conducted relating to
the programs;
(ii) findings regarding which children are
most at risk;
(iii) gaps in Internet safety education and
youth online risk research; and
(iv) any other area determined appropriate
by the Attorney General.
(B) Additional research.--Subject to the
availability of appropriations, the Attorney General
shall enter into contracts with private companies,
government agencies, or nonprofit organizations to
conduct additional research regarding the issues
described in subparagraph (A). Any research conducted
under this subparagraph shall be included in the
reports under subsection (g)(3).
(f) Technical Assistance.--The Attorney General shall provide
technical assistance to eligible entities that receive a grant under
this section, which may include maintaining a Web site to facilitate
outreach and communication among the eligible entities that receive a
grant under this section.
(g) Reports.--
(1) Eligible entities.--An eligible entity that receives a
grant under this section shall submit to the Attorney General
and make public an annual report regarding the activities
carried out using funds made available under the grant, which
shall include--
(A) a description of how the eligible entity
implemented the Internet safety education program
carried out with the grant;
(B) a detailed description of the audience reached;
(C) an analysis of whether and to what degree the
goals for the Internet safety education program were
met;
(D) an analysis of the challenges, if any, that
interfered with achieving the goals described in
subparagraph (C);
(E) plans for future Internet safety programs; and
(F) an accounting of the funds used.
(2) Compilation of annual reports for revised grant
guidance.--The Attorney General shall--
(A) review the report under paragraph (1) submitted
by each eligible entity that receives a grant under
this section during the first fiscal year for which
grants under this section are made; and
(B) not later than 6 months after the date on which
all reports described in subparagraph (A) are
submitted, modify, as appropriate, the grant guidance
based on the reports after consultation with the
Secretary of Education and the Secretary of Health and
Human Services.
(3) Reports to congress.--Not later than 27 months after
the date on which the Attorney General makes the first grant
under this section, and annually thereafter, the applicable
agency heads shall submit to Congress a report regarding the
grant program under this section, which shall include--
(A) a compilation of the information and findings
of the annual reports submitted under paragraph (1);
(B) the findings and conclusions of the applicable
agency heads, including findings and conclusions
relating to the effectiveness of Internet safety
education programs carried out using a grant under this
section; and
(C) best practices identified by the applicable
agency heads relating to Internet safety education.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Attorney General to carry out this section $25,000,000 for
each of fiscal years 2010 through 2014.
(2) Limitation.--Of amounts made available to carry out
this section, not more than 5 percent shall be available to
carry out subsections (e), (f), and (g)(2).

SEC. 4. DEFINITIONS.

In this Act, the following definitions apply:
(1) Applicable agency heads.--The term ''applicable agency
heads'' means the Attorney General, after consultation with the
Secretary of Education and the Secretary of Health and Human
Services.
(2) Eligible entity.--The term ''eligible entity'' means--
(A) a partnership between a State educational
agency and 1 or more local educational agencies (as
those terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) of the State;
(B) a local educational agency;
(C) a nonprofit organization; or
(D) a consortium of elementary schools or secondary
schools (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) collaborating with an entity described in
subparagraph (A), (B), or (C).
(3) Grant guidance.--The term ''grant guidance'' means the
grant guidance issued under section 3(e)(1).
(4) Internet safety education program.--The term ''Internet
safety education program'' means an age-appropriate, research-
based program that encourages safe and responsible use of the
Internet, promotes an informed, critical understanding of
Internet dangers, and educates children, parents, and
communities about how to prevent or respond to problems or
dangers related to the Internet or new media.
(5) New media.--The term ''new media''--
(A) means emerging digital, computerized, or
networked information and communication technologies
that often have interactive capabilities; and
(B) includes email, instant messaging, text
messaging, Web sites, blogs, interactive gaming, social
media, cell phones, and mobile devices.
(6) Nonprofit.--The term ''nonprofit'' means an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of that Code.

Answer: Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to award grants to local educational agencies (LEAs), partnerships between states and LEAs, nonprofit organizations, or consortia of elementary and secondary schools that collaborate with such entities to carry out an age-appropriate, research-based Internet safety education program that encourages safe and responsible Internet use.

Requires such program to educate children, parents, and communities about how to prevent or respond to problems or dangers related to the Internet or new media.

Directs the Attorney General to: (1) enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study on Internet safety; and (2) provide technical assistance to grant recipients.

Question: SECTION 1. SHORT TITLE.

This Act may be referred to as the ''Gallatin Range Consolidation
and Protection Act of 1993''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the lands north of Yellowstone National Park possess
outstanding natural characteristics and wildlife habitats that give
the lands high value as lands added to the National Forest System;
and
(2) it is in the interest of the United States for the
Secretary, acting through the Forest Service, to enter into an
option agreement with Big Sky Lumber Company and Louisiana Pacific
Corporation to fulfill the purposes of this Act.

SEC. 3. BIG SKY LUMBER LAND EXCHANGE--GALLATIN AREA.

(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture (referred to in this Act as the ''Secretary'',
unless the context otherwise requires) shall acquire by exchange certain
lands and interests in lands of the Big Sky Lumber Company (referred to
in this Act as the ''Company''), in and adjacent to the Hyalite-
Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness
Area, and other lands in the Gallatin National Forest in accordance with
this section.
(b) Description of Lands.--
(1) Offer and acceptance of land.--If the Company offers to the
United States acceptable fee title, including mineral interests, to
approximately 37,752 acres of land owned by the Company and
available for exchange, as depicted on two maps entitled ''Proposed
BSL Land Acquisitions'', East Half and West Half Gallatin National
Forest, dated February 1993 the Secretary shall accept a warranty
deed to the land.
(2) Exchange.--In exchange for the lands described in paragraph
(1) and subject to valid existing rights, the Secretary of the
Interior shall convey, by patent, the fee title to approximately
16,278 acres of National Forest System lands available for exchange
as depicted on the maps referred to in paragraph (1), and the five
maps entitled ''H.R. 873, the Gallatin Range Consolidation and
Protection Act of 1993'', Lolo and Flathead National Forest, subject
to--
(A) the reservation of ditches and canals required by the
first section of the Act entitled ''An Act making appropriations
for sundry civil expenses of the Government for the fiscal year
ending June thirtieth, eighteen hundred and ninety-one, and for
other purposes'', approved August 30, 1890 (26 Stat. 371,
chapter 837; 43 U.S.C. 945);
(B) the reservation of rights under Federal Oil and Gas
Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736,
and 38684; and
(C) such other terms, conditions, reservations, and
exceptions as may be agreed upon by the Secretary and the
Company.
(3) Termination of leases.--
(A) Vesting of rights and interests.--Upon termination or
relinquishment of the leases referred to in paragraph (2)(B),
all the rights and interests in such leases reserved under
paragraph (2)(B) shall immediately vest in the Company and its
successors and assigns.
(B) Notice.--The Secretary shall provide notice of the
termination or relinquishment of the leases referred to in
paragraph (2)(B) by a document suitable for recording in the
county in which the leased lands are located.
(c) Easements.--
(1) In general.--Reciprocal easements in accordance with this
subsection shall be conveyed at the time of the exchange authorized
by this section.
(2) Conveyance by the secretary.--The Secretary shall, in
consideration of the easements conveyed by the Company under
paragraph (3), and under the authority of section 2 of Public Law
88-257 (commonly known as the ''National Forest Roads and Trails
Act'') (16 U.S.C. 533), or the Federal Lands Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), execute and deliver to the
Company such easements or other rights-of-way over federally owned
lands as may be agreed to by the Secretary and the Company.
(3) Conveyance by the company.--The Company shall, in
consideration of the easements conveyed by the Secretary under
paragraph (2), execute and deliver to the United States such
easements or other rights-of-way across Company-owned lands included
in this exchange as may be agreed to by the Secretary and the
Company.
(d) North Bridger Range.--
(1) Covenants and other restrictions.--As a condition of the
exchange, with respect to such lands depicted on the map entitled
''North Bridger Range'', dated May 1993, the Company shall agree
that--
(A) the holders, or their successors or assigns, of grazing
leases on such lands on the date of enactment of this Act shall
be permitted to continue to use such lands for grazing under
terms acceptable to the Company and the permittees for so long
as the Company owns such lands and for two years after the
Company has sold or disposed of such lands; and
(B) the timber harvest practices used on such lands shall be
conducted in accordance with Montana Forestry Best Management
Practices, the Montana Streamside Zone Management Law (Mont.
Code Ann. sec. 77-5-301 et seq.), and all other applicable laws
of the State of Montana.
(2) Future acquisition.--The Secretary shall consider the
desirability of possible acquisition, through exchange under
existing law, of any of the lands described in paragraph (1), and
shall, not later than one year after the date of enactment of this
Act, report to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives concerning the desirability of an exchange.
(e) Timing of Transaction.--
(1) Determination.--The Secretary shall review the title for the
non-Federal lands described in subsection (b), and the appraisal and
titles for the non-Federal lands described in sections 4 and 5, and,
within sixty days after receipt of all applicable appraisal and
title documents from the Company, determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied or the quality of title is
otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents have been
received and approved;
(C) a current title commitment verifying compliance with
applicable title standards has been issued to the Secretary;
(D) the appraisals comply with applicable Forest Service
standards; and
(E) except as provided in section (8)(b), the title includes
both the surface and subsurface estates without reservation or
exception (except by the United States or the State of Montana,
by patent), including--
(i) minerals or mineral rights;
(ii) timber or timber rights; and
(iii) any other interest in the property.
(2) Conveyance of title.--In the event the appraisal and/or
quality of title do not meet Federal standards or are otherwise
determined unacceptable to the Secretary, the Secretary shall advise
the Company regarding corrective actions necessary to make an
affirmative determination under paragraph (1). The Secretary, acting
through the Chief of the Forest Service, shall effect the conveyance
of lands described in subsection (b)(2) not later than sixty days
after the Secretary has made an affirmative determination under
paragraph (1).
(f) Compliance With Option.--Notwithstanding section (3)(e)(2), the
Secretary shall not consummate the conveyance of lands described in
subsection (b)(2) until the Secretary has determined that title to the
lands described in sections 4 and 5 have been escrowed as required by
the document entitled ''Option Agreement for the Exchange and/or
Purchase of Real Property Pursuant to the Gallatin Range Consolidation
and Protection Act of 1993'' (referred to in this Act as ''the
Option''), executed by the Company, as seller.
(g) References.--References in this Act to the Company shall include
references to the successors and assigns of the Company.

SEC. 4. LAND CONSOLIDATION--PORCUPINE AREA.

(a) Acquisition of Porcupine Property.--The Secretary is authorized
and directed to acquire, by purchase or exchange, lands and interests in
lands listed as ''Exhibit A, Porcupine Area'', in the Option, in
accordance with the terms and conditions of the Option for the fair
market value of such lands and interests, determined at the time of
acquisition, in accordance with the appraisal standards specified in the
Option.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the acquisition authorized by this section.

SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.

(a) Acquisition of Taylor Fork Property.--The Secretary is
authorized and directed to acquire, by purchase or exchange, lands and
interests in lands as listed as ''Exhibit A, Taylor Fork Area'', in the
Option, in accordance with the terms and conditions of the Option for
the fair market value of such lands and interests, determined at the
time of acquisition, in accordance with the appraisal standards
specified in the Option.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the pending acquisition authorized by this section.

SEC. 6. LAND CONSOLIDATION--GALLATIN ROADED AREA.

(a) Acquisition of Gallatin Roaded Property.--The Secretary is
authorized and directed to acquire, by purchase or exchange, lands and
interests in lands as listed as ''Exhibit A, Gallatin Roaded'', in the
Option, in accordance with the terms and conditions of the Option not
otherwise acquired, purchased, or exchanged under section 3, 4, or 5.
(b) Reports to Congress.--The Secretary shall report annually to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, on the
status of the acquisition authorized by this section.

SEC. 7. SEVERED MINERAL EXCHANGE.

(a) Findings.--Congress finds that--
(1) underlying certain areas in Montana described in subsection
(b) are mineral rights owned by subsidiaries of Burlington
Resources, Incorporated and its successors and assigns (referred to
in this Act as ''Burlington'');
(2) there are federally owned minerals underlying lands of
Burlington lying outside those areas;
(3) Burlington has agreed in principle with the Secretary to an
exchange of mineral rights to consolidate surface and subsurface
ownerships and to avoid potential conflicts with the surface
management of the areas; and
(4) it is desirable that an exchange of lands be completed not
later than two years after the date of enactment of this Act.
(b) Mineral Interests.--
(1) Acquisition.--Pursuant to an exchange agreement between the
Secretary and Burlington, the Secretary may acquire mineral
interests owned by Burlington or an affiliate of Burlington
underlying surface lands owned by the United States located in the
areas depicted on the maps entitled ''Severed Minerals Exchange,
Clearwater-Monture Area'', dated September 1988, and ''Severed
Mineral Exchanges, Gallatin Area'', dated September 1988, or in
fractional sections adjacent to the areas depicted on the maps.
(2) Exchange.--In exchange for the mineral interests conveyed to
the Secretary pursuant to paragraph (1), the Secretary of the
Interior shall convey, subject to valid existing rights, such
federally owned mineral interests as the Secretary and Burlington
may agree upon.
(c) Equal Value.--
(1) In general.--The value of the mineral interests exchanged
under subsection (b) shall be approximately equal in value based
upon available information.
(2) Appraisal.--To ensure that the wilderness or other natural
values of the area are not affected by the exchange, a formal
appraisal based upon drilling or other surface disturbing activities
shall not be required for any mineral interest proposed for
exchange, except that the Secretary and Burlington shall fully share
all available information on the quality and quantity of mineral
interests proposed for exchange.
(3) Inadequate information.--In the absence of adequate
information regarding values of minerals proposed for exchange, the
Secretary and Burlington may agree to an exchange on the basis of
mineral interests of similar development potential, geologic
character, and similar factors.
(d) Identification of Federally Owned Mineral Interests.--
(1) In general.--Subject to paragraph (2), mineral interests
conveyed by the United States pursuant to this section shall
underlie lands the surface of which are owned by Burlington.
(2) Other interests.--If there are not sufficient federally
owned mineral interests of approximately equal value underlying
lands owned by Burlington, the Secretary and the Secretary of the
Interior may identify for exchange other federally owned mineral
interests in lands in the State of Montana of which the surface
estate is in private ownership.
(e) Consultation With the Department of the Interior.--
(1) In general.--The Secretary shall consult with the Secretary
of the Interior in the negotiation of the exchange agreement
authorized by subsection (b), particularly with respect to the
inclusion in the agreement of a provision authorizing the exchange
of federally owned mineral interests lying outside the boundaries of
units of the National Forest System.
(2) Conveyance.--Notwithstanding any other law, the Secretary of
the Interior shall convey the federally owned mineral interests
identified in a final exchange agreement between the Secretary of
Agriculture and Burlington and affiliates of Burlington.
(f) Mineral Interest Defined.--For purposes of this section, the
term ''mineral interests'' includes all locatable and leasable minerals,
including oil and gas, geothermal resources, and other subsurface
rights.

SEC. 8. GENERAL PROVISIONS.

(a) Maps.--The maps referred to in sections 3, 4, 5, 6, and 7 are
subject to such minor corrections as may be agreed upon by the Secretary
and the Company. The Secretary shall notify the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives of any
corrections made pursuant to the subsection. The maps shall be on file
and available for public inspection in the office of Chief, Forest
Service, USDA.
(b) Title of Lands Conveyed to the United States.--
(1) Quality of title and rights.--Subject to paragraph (2), the
rights, title, and interests to lands conveyed to the United States
under sections 4, 5, and 6 shall, at a minimum, consist of the
surface estate and the subsurface rights owned by the Company or
Burlington where applicable.
(2) Exception.--The Secretary may accept title subject to
outstanding or reserved oil and gas and geothermal rights, except
that there shall be no surface occupancy permitted on the lands
acquired by the United States under sections 4, 5, and 6 for access
to reserved or outstanding rights or exploration or development of
such lands.
(3) Access.--No portion of lands acquired by the United States
under this Act shall be available for access to, or exploration or
development of, any reserved or outstanding oil, gas, geothermal, or
other non-Federal property interest.
(c) National Forest Lands.--
(1) In general.--All lands conveyed to the United States under
this Act shall be added to and administered as part of the Gallatin
National Forest of the National Forest System by the Secretary in
accordance with the laws and regulations pertaining to the National
Forest System.
(2) Hyalite-porcupine-buffalo horn wilderness study area.--Lands
acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study
Area shall be managed to maintain their presently existing
wilderness character and potential for inclusion in the National
Wilderness Preservation System in accordance with the Montana
Wilderness Study Act of 1977 (16 U.S.C. 1132 note).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

Answer: Gallatin Range Consolidation and Protection Act of 1993 - Directs the Secretary of Agriculture to acquire: (1) by exchange from the Big Sky Lumber Company, specified lands and interests north of Yellowstone National Park, including land in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest; and (2) by purchase or exchange from the Company, lands and interests in the Porcupine Area, the Taylor Fork Area, and the Gallatin Area. Requires the Secretary of the Interior to convey National Forest System lands as part of such exchange. Sets forth conditions for such exchange with respect to leases and easements. Provides for the continuation of grazing on the North Bridger Range lands and requires timber harvest practices on such lands to be in accordance with the laws of the State of Montana. Authorizes the Secretary of Agriculture, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Clearwater-Monture Area and the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior in the negotiation of such exchange. Requires all lands conveyed to the United States under this Act to be added to and administered as part of the Gallatin National Forest. Authorizes appropriations.

Question: SECTION 1. HUMAN TISSUE.

(a) In General.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
''(hh)(1) The term 'human tissue' means a collection of similar
human cells which--
''(A) is intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of a disease or condition
in a human or for reproduction;
''(B) achieves its primary intended purpose through repair
or replacement of bodily tissue by structural support or
cellular function;
''(C) may have been propagated or otherwise processed
before use;
''(D) may be combined with substances that are safe under
conditions of intended use and not intended to provide a
therapeutic effect; and
''(E) includes reproductive tissue, demineralized bone,
heart valves, dura mater, and manipulated autologous cells.
''(2) The term 'human tissue' does not include vascularized human
organs, gene therapy, blood, soluble blood components, milk, or
products made by combining human tissue with biomaterials.
''(3) Human tissue is not a drug, biological product, or device
unless reclassified by the Secretary pursuant to section 352A of the
Public Health Service Act.''.
(b) Regulation of Human Tissue.--Subpart 1 of part F of title III
of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by
adding at the end the following section:

''regulation of human tissue

''Sec. 352A. (a) Subject to Regulation.--
''(1) In general.--Human tissue shall be subject to
regulation under this section only if the Secretary publishes a
finding in the Federal Register, after a hearing before the
Commissioner, that voluntary regulation under generally
accepted scientific standards is inadequate to protect the
public health with respect to any particular type of human
tissue or human tissue generally.
''(2) Exception.--Human tissue shall not be subject to
regulation as a drug, biological product, or device unless it
is reclassified under subsection (f).
''(b) Registration.--
''(1) In general.--Any person subject to regulation under
this section who recovers, processes, stores, or distributes
human tissue for transplantation or implantation in the United
States shall register in accordance with the registration
procedures established for drugs under section 510 of the
Federal Food, Drug, and Cosmetic Act. Such registration shall
contain the name of the person, the location of its facilities,
a list of the types of human tissue recovered, processed,
stored, or distributed by such person, and a brief description
of the basic method or methods of processing of such tissue.
''(2) Authorized activities.--A person registered in
accordance with paragraph (1) shall be deemed to be authorized
to conduct human tissue recovery, processing, storage, and
distribution activities as identified in the applicable
registration unless--
''(A)(i) the Secretary determines, upon inspection,
that such person fails to meet applicable operating
standards under subsection (c);
''(ii) the Secretary notifies such person of a
determination under clause (i), advises the person of
the steps necessary to meet such standards, and
provides the person with a reasonable opportunity to
establish compliance with the standards;
''(iii) the Secretary determines, after an
opportunity for an informal hearing, that the person
has failed to establish compliance as provided for in
clause (ii) within the applicable period and such
failure constitutes a threat to the public health; and
''(iv) the Secretary suspends or revokes the
authority to conduct such activities;
''(B) the Secretary determines, after an
opportunity for an informal hearing, that such person
has failed to comply with any patient registry or other
retrospective patient data requirement, and the
Secretary suspends or revokes the authority to conduct
such activities; or
''(C) the Secretary determines that such person
presents an immediate or substantial danger to the
public health, and the Secretary suspends or revokes
the authority to conduct such activities, in which case
an informal hearing shall be conducted within 5
business days of the date of such suspension or
revocation.
''(c) Operating Standards.--The Secretary may establish, after
notice and opportunity for comment, operating standards for human
tissue that shall be limited to the following general requirements for
the recovery, processing, storage, and shipment of human tissue:
''(1) Requirements for infection control designed to
prevent transmission of disease.
''(2) Requirements for processing practices that assure the
safety of, and prevent damage to, human tissue.
''(3) Requirements for labeling and recordkeeping to
identify the type of tissue and any added foreign substance and
to permit tracing.
''(d) Labeling and Advertising.--Statements made in labeling,
advertising or promotional materials regarding clinical benefit with
respect to human tissue shall consist only of accurate and balanced
representations that are consistent with sound scientific information,
including current data from a registry required or established under
subsection (e), if available.
''(e) Registry.--A person registered under subsection (b) may be
required by the Secretary to maintain a patient registry or meet other
retrospective patient data requirements if, after notice and an
opportunity for comment, the Secretary determines that such tissue has
been commercially available within the United States for a period of
less than 5 years and that such data requirement is necessary to
protect the public health.
''(f) Reclassifications.--
''(1) Human tissue.--The Secretary may reclassify a
particular type of human tissue as a drug, biological product
or device if, after notice and an opportunity for comment, the
Secretary determines that--
''(A) with respect to the particular type of human
tissue--
''(i) the tissue is subject to a patient
registry or other retrospective data
requirement under which the collection of
information has been required for at least 5
years (or such other time period as agreed to
by the Secretary and the registered person);
and
''(ii) the information received from such
patient registry or other retrospective data
requirement is insufficient to confirm the
safety and clinical benefit from the use of
such tissue; or
''(B) a particular type of human tissue should be
reclassified because it presents an imminent hazard to
public health.
''(2) Upon secretarial action.--The Secretary may
reclassify a human drug, biological product or medical device
as human tissue if the Secretary determines, after notice and
an opportunity for comment, that such previous classification
is not necessary to protect public health.
''(3) Upon petition.--The Secretary may reclassify a drug,
biological product, medical device, or human tissue upon the
petition of the sponsor of such drug, biological product or
device, or the registered person for such human tissue, if,
after notice and an opportunity to comment, the Secretary finds
that such reclassification is consistent with the protection of
public health.
''(g) Enforcement.--
''(1) In general.--If the Secretary determines that any
person has violated any provision of this section or any
regulations promulgated under this section, and the Secretary
determines that the violation constitutes a significant risk to
the public health, the Secretary may issue an order that such
person cease distribution of human tissue, or that human tissue
recovered, processed, stored or distributed by such person be
retained, recalled, or destroyed. After receipt of such an
order, the person in possession of the human tissue shall not
distribute or dispose of the human tissue in any manner
inconsistent with the provisions of the order.
''(2) Hearing.--A person subject to the order under
paragraph (1) may obtain an informal hearing regarding the
order if the person requests such a hearing not later than 5
days after receiving the order. If the person does make such a
request within such period, the Secretary shall conduct the
hearing within 30 days after receiving the request and shall issue an
order not later than 15 days after the hearing is conducted. Such order
shall be considered a final order of the Secretary.
''(h) Inspection.--Each person registered under subsection (b)
shall be subject to inspection under section 704 of the Federal Food,
Drug, and Cosmetic Act. The Secretary may, with the concurrence of the
registered person, authorize an inspection to be conducted by any
person specifically accredited by the Secretary to conduct such
inspection under section 712 of such Act.
''(i) Cord Blood.--
''(1) In general.--This section (including provisions
regarding reclassification) shall apply with respect to cord
blood to the same extent and in the same manner as this section
applies with respect to human tissue.
''(2) Implementation.--The Secretary shall implement this
section with respect to cord blood under regulations
promulgated after notice and opportunity to comment.
''(j) Eyes.--The Secretary shall not regulate eyes until such time
as the Secretary makes a finding under this section that voluntary
regulation under generally accepted standards is inadequate to protect
the public health.''.
(c) Transition.--The requirements of the interim regulation,
promulgated by the Secretary of Health and Human Services on December
11, 1993, shall remain in effect until amended or withdrawn by the
Secretary. Any modifications to such regulations after the date of the
enactment of this Act are subject to this Act and the amendments made
by this Act.
(d) Effective Date.--The amendment made by subsection (c) shall
take effect on June 30, 1997.
(e) Conforming Amendments.--
(1) Adulteration provision.--Section 501 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended--
(A) in the first sentence by striking ''drug or
device'' and inserting ''drug, device or human
tissue''; and
(B) by adding at the end thereof the following:
''(j) if it is human tissue and it is recovered, processed, stored,
or distributed by--
''(1) a registered person under section 352A of the Public
Health Service Act whose failure to comply with standards
constitutes a threat to public health; or
''(2) a person who is required under such section to
register but has failed to do so.''.
(2) Misbranding provisions.--Section 502 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended:
(A) in the section heading, but striking
''MISBRANDED DRUGS AND DEVICES'' and inserting the
following: ''MISBRANDED DRUGS, DEVICES, AND HUMAN
TISSUE''; and
(B) in the first sentence, by striking ''drug or
device'' and inserting ''drug, device or human
tissue''.
(3) Prohibited acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at
the end thereof the following:
''(v) The adulteration or misbranding of any human tissue.''.
(4) Seizure.--Section 304 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 334) is amended--
(A) in subsection (a)(2)(D), by inserting ''or
human tissue'' after ''device''; and
(B) in the first sentence of subsection (d)(1), by
striking ''or cosmetic'' and inserting ''cosmetic, or
human tissue''.
(5) Inspection.--Section 704(a)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(1)) is amended--
(A) in the first sentence, by inserting ''human
tissue,'' after ''device,'' each place such appears;
and
(B) in the second sentence, by inserting ''human
tissue,'' after ''drugs,'' each place such appears.

Answer:
Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a specific definition for "human tissue" which expressly excludes vascularized human organs, gene therapy, blood, soluble blood components, milk, or products made by combining human tissue with biomaterials. Declares that human tissue is not a drug, biological product, or device unless reclassified under this Act.
Amends the Public Health Service Act (PHSA) to subject human tissue to regulation under such Act only if voluntary regulation is inadequate, or if it is reclassified as a drug, biological product, or device pursuant to specified guidelines established by this Act.
Requires any person subject to such regulation who recovers, processes, stores, or distributes human tissue for transplantation or implantation in the United States to register in accordance with FFDCA drug registration procedures. Deems registrants to be authorized to conduct human tissue recovery, processing, storage, and distribution activities identified as applicable on the registration, unless, among other things, the Secretary of Health and Human Services suspends or revokes such authority after determining that the registrant fails to meet operating standards established by the Secretary.
Prescribes certain human tissue labeling and advertising requirements.
Authorizes the Secretary to reclassify human tissue as a drug, biological product, or device in specified circumstances.
Outlines the mechanism for enforcement of this Act in the event that any violations of it constitute a significant risk to the public health.
Subjects registrants to inspections under the Act.
Applies the PHSA to umbilical cord blood to the same extent as it applies to human tissue.
Prohibits the Secretary from regulating eyes until voluntary regulation is inadequate to protect the public health.