In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Identity Theft Prevention 
Act of 2010''.

SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON 
              MEDICARE CARDS.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the 
Patient Protection and Affordable Care Act (Public Law 111-148), is 
amended by adding at the end the following new clause:
    ``(xi) The Secretary of Health and Human Services, in consultation 
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number 
(or any derivative thereof) is not displayed, coded, or embedded on the 
Medicare card issued to an individual who is entitled to benefits under 
part A of title XVIII or enrolled under part B of title XVIII and that 
any other identifier displayed on such card is easily identifiable as 
not being the social security account number (or a derivative 
thereof).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to Medicare cards issued on and after an 
        effective date specified by the Secretary of Health and Human 
        Services, but in no case shall such effective date be later 
        than the date that is 24 months after the date adequate funding 
        is provided pursuant to subsection (d)(2).
            (2) Reissuance.--Subject to subsection (d)(2), in the case 
        of individuals who have been issued such cards before such 
        date, the Secretary of Health and Human Services--
                    (A) shall provide for the reissuance for such 
                individuals of such a card that complies with such 
                amendment not later than 3 years after the effective 
                date specified under paragraph (1); and
                    (B) may permit such individuals to apply for the 
                reissuance of such a card that complies with such 
                amendment before the date of reissuance otherwise 
                provided under subparagraph (A) in such exceptional 
                circumstances as the Secretary may specify.
    (c) Outreach Program.--Subject to subsection (d)(2), the Secretary 
of Health and Human Services, in consultation with the Commissioner of 
Social Security, shall conduct an outreach program to Medicare 
beneficiaries and providers about the new Medicare card provided under 
this section.
    (d) Report to Congress and Limitations on Effective Date.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services, acting through the Administrator of the Centers for 
        Medicare & Medicaid Services and in consultation with the 
        Commissioner of Social Security, shall submit to Congress a 
        report that includes detailed options regarding the 
        implementation of this section, including line-item estimates 
        of and justifications for the costs associated with such 
        options and estimates of timeframes for each stage of 
        implementation. In recommending such options, the Secretary 
        shall take into consideration, among other factors, cost-
        effectiveness and beneficiary outreach and education.
            (2) Limitation; modification of deadlines.--With respect to 
        the amendment made by subsection (a), and the requirements of 
        subsections (b) and (c)--
                    (A) such amendment and requirements shall not apply 
                until adequate funding is appropriated pursuant to 
                paragraph (3) to implement the provisions of this 
                section, as determined by Congress; and
                    (B) any deadlines otherwise established under this 
                section for such amendment and requirements are 
                contingent upon the receipt of adequate funding (as 
                determined in subparagraph (A)) for such 
                implementation.
        The previous sentence shall not affect the timely submission of 
        the report required under paragraph (1).
            (3) Authorization of appropriations.--
                    (A) In general.--In addition to any amounts made 
                available to the Secretary of Health and Human Services 
                for the Program Management Account of the Centers for 
                Medicare & Medicaid Services for administrative 
                expenses and to the Commissioner of Social Security for 
                administrative expenses, and subject to subparagraph 
                (B), taking into consideration the report submitted 
                under paragraph (1), there are authorized to be 
                appropriated such sums as are necessary to carry out 
                the previous subsections of this section, including 
                section 205(c)(2)(C)(xi) of the Social Security Act, as 
                added by subsection (a), for each of the five fiscal 
                years beginning after the date of submittal of the 
                report under paragraph (1).
                    (B) Limitation.--Such funds are not authorized to 
                be appropriated until after receipt of the report 
                provided under paragraph (1).
[A]: Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Cybersecurity Act of 
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 
(21 U.S.C. 360j) the following--

``SEC. 520A. CYBERSECURITY FOR DEVICES.

    ``(a) Definitions.--In this section:
            ``(1) Cyber device.--The term `cyber device' means any 
        device that has network or Internet connectivity (such as near 
        field communication (NFC), Bluetooth, or WiFi), connects to an 
        external storage device or external media (such as a universal 
        serial bus (USB) or a compact disk), or has any other cyber 
        capability.
            ``(2) Cybersecurity fix or update.--The term `cybersecurity 
        fix or update' means any modification to a cyber device that 
        addresses a software, firmware, or hardware error or known 
        vulnerability, or a security update, and does not change the 
        therapeutic or diagnostic function of the device.
    ``(b) Transparency of Risk Prior to Marketing.--
            ``(1) Report card.--
                    ``(A) In general.--The Secretary, in coordination 
                with the entities described in subparagraph (B), shall 
                develop a report card for indicating the cybersecurity 
                functions of cyber devices. The report card shall 
                contain the contents described in paragraph (2) and be 
                disclosed in accordance with paragraph (3).
                    ``(B) Coordination.--The entities described in this 
                subparagraph are the following:
                            ``(i) The National Institute of Standards 
                        and Technology.
                            ``(ii) The Secretary of Homeland Security.
                            ``(iii) The National Coordination Office 
                        supporting the Networking and Information 
                        Technology Research and Development Program.
                            ``(iv) The Federal Trade Commission.
                            ``(v) Any other relevant agency, or 
                        cybersecurity or medical device industry group, 
                        as determined by the Secretary.
            ``(2) Contents of report card.--Each report card shall 
        contain each of the following:
                    ``(A) Information pertaining to all essential 
                elements described in the most recent version of the 
                Manufacturer Disclosure Statement for Medical Device 
                Security, as set forth by the Healthcare Information 
                and Management Systems Society and the National 
                Electrical Manufacturers Association.
                    ``(B) A traceability matrix, accepted by the 
                Secretary, that--
                            ``(i) redacts content that is confidential, 
                        as determined by the Secretary; and
                            ``(ii) establishes design components and 
                        traces such components to design compensating 
                        controls.
                    ``(C) A description of any manufacturer 
                compensating controls that--
                            ``(i) effectively address known common 
                        vulnerabilities and exposures; and
                            ``(ii) provide providers with industry 
                        standard compensating controls for improving 
                        cybersecurity.
                    ``(D) A description of--
                            ``(i) any cybersecurity evaluation 
                        conducted on the device, including any testing, 
                        validation, or verification of the device;
                            ``(ii) who conducted such evaluation; and
                            ``(iii) the results of such evaluation.
                    ``(E) A cybersecurity risk assessment conducted by 
                the manufacturer, or a third party, explaining the risk 
                of the device to patient safety and clinical hazards.
                    ``(F) An indication of whether the device is 
                capable of being remotely accessed. If the device is 
                capable of being remotely accessed, an indication of 
                any security measures and access protocols the device 
                has in place to secure such access.
            ``(3) Disclosure of report card.--
                    ``(A) Clearance or approval.--The manufacturer of 
                any cyber device shall include the report card in any 
                notification to the Secretary under section 510(k) or 
                any application for premarket approval under section 
                515(c), as applicable.
                    ``(B) Public accessibility.--
                            ``(i) In general.--The Secretary shall 
                        provide a copy of the report card to any entity 
                        described in clause (ii) that submits a request 
                        for such copy to the Secretary.
                            ``(ii) Entities permitted access.--An 
                        entity described in this clause is--
                                    ``(I) any health care industry 
                                entity, consisting of any provider, 
                                device manufacturer, the Federal 
                                Government, health care information 
                                security researchers, and health care 
                                academia; and
                                    ``(II) any entity determined by the 
                                Secretary to have a valid interest in 
                                the report card.
                    ``(C) Updated report card.--For as long as the 
                cyber device receives technical support from the 
                manufacturer or any other third party authorized by the 
                manufacturer, the manufacturer shall submit to the 
                Secretary an annual update to the report card.
    ``(c) Protecting Remote Access to Managed Solutions.--
            ``(1) In general.--A manufacturer of a cyber device shall:
                    ``(A) In order to remotely access such device after 
                selling, or otherwise transferring ownership of, the 
                device, obtain consent for such access from the 
                provider owning or operating the device and from any 
                patient on which the device is used. Such consent may 
                be in the form of an agreement entered into between the 
                provider and the manufacturer at the time the device is 
                sold to the provider, and may be for the manufacturer 
                to remotely access the device at times specified in 
                such agreement or by an agreement between the 
                manufacturer and provider entered into thereafter. In 
                the case of an agreement described in the previous 
                sentence, consent of the patient may be obtained 
                through the provider notifying the patient of such 
                agreement.
                    ``(B) For any cyber device that the manufacturer 
                may remotely access in accordance with subparagraph 
                (A):
                            ``(i) Notify the provider when the 
                        manufacturer accesses the device remotely, 
                        including the name of the person with such 
                        access, the kinds of tasks that can be 
                        performed through such access, and the software 
                        used to access the device. Such notification 
                        can be in the form of an audit log described in 
                        clause (ii) if the audit log is readily 
                        available to the provider.
                            ``(ii) Maintain an audit log for each time 
                        the manufacturer accesses the device remotely 
                        and make such log accessible to the provider.
                    ``(C) Except as provided in paragraph (2), for any 
                cyber device that has the capability to be accessed 
                remotely by the manufacturer or any other entity:
                            ``(i) Implement multi-factor authentication 
                        for accessing any cyber capability of the 
                        device.
                            ``(ii) Secure data in motion and data at 
                        rest with data encryption, and other best 
                        practices, approved by the National Institute 
                        of Standards and Technology.
                            ``(iii) Install automated tools to track 
                        access, or identify attempts at unauthorized 
                        access, to any cyber capability of the device.
                            ``(iv) Adopt whitelisting approaches and 
                        changeable passwords for accessing any cyber 
                        capability of the device.
                            ``(v) Comply with the remote access 
                        provisions recommended by the National 
                        Institute of Standards and Technology, in the 
                        document entitled `Security for Telecommuting 
                        and Broadband Communications (NIST Special 
                        Publication 800-46)', published in August 2002.
            ``(2) Exceptions.--A manufacturer may submit a petition to 
        the Secretary to exempt a cyber device from any requirement 
        under paragraph (1)(C). The Secretary may grant such an 
        exemption if it determines that the manufacturer can prove the 
        exemption would pose not more than a minimal risk to patient 
        health, minimal risk to privacy, and minimal risk of a cyber 
        vulnerability.
    ``(d) Cybersecurity Fixes or Updates.--
            ``(1) Re-clearance or reapproval.--Unless at the request of 
        the Secretary due to a unique and extenuating circumstance, any 
        cybersecurity fix or update shall not require a new 
        notification under section 510(k) or application for premarket 
        approval under section 515(c).
            ``(2) Free cybersecurity fixes or updates.--A manufacturer 
        of a cyber device shall provide any cybersecurity fix or update 
        to the device free of charge until--
                    ``(A) the date on which any agreement to provide 
                such fixes or updates, entered into between the 
                manufacturer (or a third party authorized by the 
                manufacturer) and a provider, expires; or
                    ``(B) if no agreement described in subparagraph (A) 
                is in effect, the date that is 10 years after the date 
                on which the manufacturer discontinues marketing the 
                device.
    ``(e) End-of-Life Device.--Not later than 90 days after a 
manufacturer declares that it will no longer sell a cyber device, the 
manufacturer of such device shall--
            ``(1) shall provide any provider owning or operating the 
        device with the report card, as most recently updated under 
        subsection (b)(3)(C);
            ``(2) to the extent practicable, inform any provider owning 
        or operating the device that the manufacturer will no longer be 
        manufacturing such device;
            ``(3) provide notice to any provider owning or operating 
        the device of the date on which the last cybersecurity fix or 
        update will be provided by the manufacturer;
            ``(4) notify the Secretary of such declaration; and
            ``(5) provide any provider owning or operating the device 
        with the following information related to the device:
                    ``(A) Compensating controls on how to securely 
                configure the cyber device if the device stays in 
                operation past the date on which the manufacturer stops 
                providing cybsecurity fixes or updates under subsection 
                (d)(2).
                    ``(B) Documentation on secure preparation for 
                recycling and disposal of the device.
                    ``(C) Specific guidance regarding supporting 
                infrastructure architecture, including network 
                segmentation and device isolation requirements.
                    ``(D) Instructions on how to delete any personally 
                identifiable information, protected health information, 
                or other site-specific sensitive data such as 
                configuration files.
    ``(f) Applicability.--This section shall not apply with respect to 
any cyber device for which, prior to the enactment of the Medical 
Device Cybersecurity Act of 2017, a notification was submitted under 
section 510(k), or for which an application for premarket approval was 
submitted under section 515(c).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(eee) The failure to comply with subsection (b), (c), (d), or (e) 
of section 520A.''.
    (c) Expansion of ICS-CERT Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Cyber device.--The term ``cyber device'' has 
                the meaning given the term in section 520A of the 
                Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a).
                    (B) ICS-CERT.--The term ``ICS-CERT'' means the 
                Industrial Control Systems Cyber Emergency Response 
                Team of the National Cybersecurity and Communications 
                Integration Center established under section 227 of the 
                Homeland Security Act of 2002 (6 U.S.C. 148).
                    (C) Under secretary.--The term ``Under Secretary'' 
                means the Under Secretary appointed under section 
                103(a)(1)(H) of the Homeland Security Act of 2002 (6 
                U.S.C. 113(a)(1)(H)).
            (2) Expansion.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall expand the 
        duties and mission of ICS-CERT to include--
                    (A) investigating cybersecurity vulnerabilities of 
                cyber devices that may cause harm to human life or 
                significant misuse of personal health information, as 
                determined necessary by ICS-CERT or at the request of 
                the Under Secretary; and
                    (B) coordinating device-specific responses to 
                cybersecurity incidents and vulnerabilities with 
                respect to cyber devices.
            (3) Consultation.--In carrying out paragraph (2), the Under 
        Secretary shall consult with relevant agencies within the Food 
        and Drug Administration, the Department of Health and Human 
        Services, the National Institute of Standards and Technology, 
        the National Coordination Office for Networking and Information 
        Technology Research and Development, the Federal Trade 
        Commission, and experts in the cybersecurity and medical device 
        industries.
            (4) Coordinated disclosure.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall issue rules relating to the coordinated 
        disclosure of controlled and uncontrolled cybersecurity 
        vulnerabilities of cyber devices, which shall--
                    (A) outline the roles and responsibilities of ICS-
                CERT and manufacturers and providers of cyber devices;
                    (B) provide timelines for all required actions; and
                    (C) provide for the enforcement of cooperation 
                between ICS-CERT and manufacturers and providers of 
                cyber devices.
            (5) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress a report detailing the expanded duties and mission of 
        ICS-CERT under paragraph (2).
[A]: Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,&nbsp;to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include&nbsp;a report card in any premarket notification or application for premarket approval. The&nbsp;FDA shall provide a copy of a device's report card&nbsp;if requested&nbsp;by a health care industry entity or an entity with a valid interest in the report card.&nbsp; The bill establishes procedures, including notifications to&nbsp;providers and patients,&nbsp;for manufacturers&nbsp;when cyber devices are&nbsp;remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's&nbsp;Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.


[Q]: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency Cervidae 
Tuberculosis Protection Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Purpose and finding.
Sec. 3. Definitions.
Sec. 4. Administration of act.
Sec. 5. Emergency cervidae tuberculosis protection.-
Sec. 6. Insurance premiums.
Sec. 7. Deposit and investment of premiums received.
Sec. 8. Enforcement.
Sec. 9. Regulations.
Sec. 10. Authority to borrow funds from the Commodity Credit 
                            Corporation.
Sec. 11. Emergency limitations on the movement of cervidae in 
                            interstate commerce.
Sec. 12. Separability of provisions.
Sec. 13. Termination.

SEC. 2. PURPOSE AND FINDING.

    It is the purpose of this Act to provide for a voluntary national 
cervidae tuberculosis insurance program. Congress hereby finds that the 
commercial raising of cervidae in the United States either involves 
interstate commerce or affects interstate commerce.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Cervidae.--The term ``cervidae'' means any member of 
        the family of animals possessing antlers that are shed 
        annually, such as an elk, a deer, and a reindeer, except that 
        such term shall include the antlerless water deer.
            (2) Commerce.--The term ``commerce'' means transport--
                    (A) between any State, Territory, or possession, or 
                the District of Columbia, and any place outside 
                thereof;
                    (B) between points within the same State, 
                Territory, or possession, or the District of Columbia, 
                but through any place outside thereof; or
                    (C) within any Territory, possession, or the 
                District of Columbia.
            (3) Destruction.--The term ``destruction'' means the 
        slaughter of cervidae by a method approved by the Secretary.
            (4) Exposed.--The term ``exposed'', with respect to 
        tuberculosis, means any cervidae that is found, in such manner 
        as the Secretary may prescribe--
                    (A) to be part of a herd containing one or more 
                infected cervidae;
                    (B) to have moved from such a herd before the 
                infection in the herd is disclosed, but after the herd 
                became infected; or
                    (C) to have been exposed to tuberculosis by virtue 
                of being nursed by a tuberculosis infected dam.
            (5) Herd.--The term ``herd'' means--
                    (A) any group of cervidae maintained in a common 
                area for any purpose; or
                    (B) two or more groups of cervidae under common 
                ownership that are geographically separated but that 
                have an interchange or movement of cervidae.
            (6) Infected.--The term ``infected'', with respect to 
        tuberculosis, means any cervidae in which tuberculosis has been 
        determined to exist pursuant to regulations established by the 
        Secretary.
            (7) Insurance program.--The term ``insurance program'' 
        means the program of insurance established by the Secretary 
        under section 5.
            (8) Owner.--The term ``owner'' means any person who has a 
        legal or rightful title to cervidae and is engaged in the 
        business of buying, raising, or selling cervidae in interstate 
        commerce in the United States.
            (9) Person.--The term ``person'' includes individuals, 
        partnerships, corporations, and other legal entities.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (11) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, the Virgin Islands of the United States, American 
        Samoa, and any other territory or possession of the United 
        States.
            (12) Tuberculosis.--The term ``tuberculosis'' means the 
        contagious, infectious, and communicable disease caused by 
        Mycobacterium bovis.

SEC. 4. ADMINISTRATION OF ACT.

    (a) Delegation.--The Secretary of Agriculture shall administer this 
Act through the Animal and Plant Health Inspection Service of the 
Department of Agriculture.
    (b) Advisory Board.--
            (1) Purpose of board.--The Secretary shall consult with the 
        advisory board appointed pursuant to paragraph (2) whenever the 
        Secretary is establishing policy for the insurance program or 
        otherwise administering the insurance program.
            (2) Composition of board.--The advisory board shall consist 
        of five members selected by the Secretary. Three members 
        (including at least one elk producer and one deer producer) 
        shall be selected by the Secretary from a list of nine 
        candidates presented to the Secretary by domestic cervidae 
        producers who participate in the insurance program. These 
        candidates must also be cervidae producers who participate in 
        the insurance program. One member shall be selected by the 
        Secretary from among employees of the Department of 
        Agriculture. One member shall be selected by the Secretary in 
        such manner as the Secretary may determine.
            (3) Terms.--The members of the advisory board shall serve 
        two-year terms; except that the Secretary may appoint two of 
        the members initially appointed to the advisory board to serve 
        a one-year term.
            (4) Chairperson.--
                    (A) In general.--At the last meeting of the 
                advisory board for each year, the members of the 
                advisory board shall select one member to serve as the 
                chairperson of the advisory board for the next year. 
                The chairperson shall serve a one year term and shall 
                be responsible for the establishment of procedures for 
                the operation of the advisory board.
                    (B) Special rule.--For the year in which the 
                advisory board is first established, the members of the 
                advisory board shall select a chairperson at the first 
                meeting of the advisory board. The chairperson selected 
                pursuant to this subparagraph shall serve as 
                chairperson for the remainder of that year.
            (5) Termination.--The advisory board shall terminate at the 
        end of the 10-year period specified in section 13.

SEC. 5. EMERGENCY CERVIDAE TUBERCULOSIS PROTECTION.-

    (a) Insurance Program Authorized.--If the Secretary determines that 
sufficient actuarial data are available and that establishment of an 
insurance program is warranted, the Secretary may establish a voluntary 
national insurance program to compensate participating owners for the 
destruction of any cervidae found to be infected with or exposed to 
tuberculosis, as provided in this Act.
    (b) Participation Required for Indemnity Payments.--Indemnity 
payments shall not be provided under this Act to any owner who does not 
participate in the insurance program. In order to participate, the 
owner must agree to insure the entire herd of the owner. A herd shall 
not be eligible for coverage under the insurance program if the herd is 
under active investigation regarding infection with or exposure to 
tuberculosis, including traceback or quarantine for tuberculosis.
    (c) Effective Date of Coverage.--Coverage under the insurance 
program shall become effective upon the payment by the owner of--
            (1) the premium established by the Secretary for 
        participation in section 6; or
            (2) such portion of the premium as the Secretary may 
        require to initiate coverage.
    (d) Compensation for Destruction of Insured Cervidae.--
            (1) In general.--Except as provided in paragraph (2), 
        indemnity payments for the destruction of insured cervidae 
        shall be paid at rates established by the Secretary for the 
        insurance program, but not greater than 80 percent of the 
        declared market value of healthy cervidae at the time of the 
        destruction of the cervidae. The amount of compensation shall 
        be reduced by the salvage value and any other moneys received 
        by an owner for the destroyed cervidae.
            (2) Limitation.--The amount of compensation provided for 
        the destruction of insured cervidae may not exceed the actual 
        fair market value of healthy cervidae, as determined by the 
        Secretary, at the time of the destruction of the cervidae. 
        Coverage shall not be retroactive.

SEC. 6. INSURANCE PREMIUMS.

    (a) Rates.--Subject to subsection (b), the Secretary shall 
establish premiums for insurance coverage under this Act at such rates 
as the Secretary determines to be actuarially sufficient to cover 
claims under the insurance program and to establish a reasonable 
reserve against unforeseen losses in order to guarantee that the 
insurance program will be self-funding before the end of--
            (1) the 10-year period beginning on the date of the 
        enactment of this Act; or
            (2) such earlier termination date as the Secretary may 
        establish for the insurance program.
    (b) Maximum Premium.--The Secretary may not establish a premium 
under this Act for an owner in excess of two percent annually of the 
declared market value of the insured herd, as declared by the owner.
    (c) Time for Payment.--Premiums shall be paid at such time or times 
as the Secretary shall require.
    (d) Denial or Reduction of Claims.--
            (1) Limitation.--If the Secretary denies or reduces an 
        insurance claim under the insurance program, the Secretary 
        shall mail a notice of the denial or reduction to the claimant.
            (2) Appeal.--Not later than six months after the date the 
        notice is mailed, the claimant may bring an administrative 
        appeal before the Secretary to review the denial or reduction 
        of the claim.
            (3) Hearing.--If a claimant files an appeal, the Secretary 
        shall conduct a hearing on the record on the denial or 
        reduction of the claim.
            (4) Final order.--The denial or reduction of the claim 
        shall be treated as a final order that is reviewable under 
        chapter 158 of title 28, United States Code.

SEC. 7. DEPOSIT AND INVESTMENT OF PREMIUMS RECEIVED.

    (a) In General.--Premiums received under the insurance program that 
are not immediately required to be expended may be--
            (1) deposited in the Treasury of the United States or in 
        any bank approved by the Secretary of the Treasury, subject to 
        withdrawal by the Secretary of Agriculture at any time; or
            (2) with approval of the Secretary of the Treasury, 
        invested in obligations of the United States or in obligations 
        guaranteed as to principal and interest by the United States.
    (b) Federal Reserve Banks.--Subject to the approval of the 
Secretary of the Treasury, the Federal Reserve Banks shall act as 
depositories, custodians, and fiscal agents of the Secretary of 
Agriculture in the performance of the powers of the Secretary of 
Agriculture under this Act.
    (c) Repayment of Borrowed Funds.--At the end of the 10-year period 
specified in section 13, the Secretary shall repay, out of funds 
remaining for the insurance program, the Commodity Credit Corporation 
for all funds borrowed under section 10.
    (d) Rebate of Unused Funds.--Any funds remaining after making the 
repayment required under subsection (c) shall be rebated to policy 
holders on a pro rated basis according to the premium paid.

SEC. 8. ENFORCEMENT.

    In order to ensure the efficient execution of this Act, the 
provisions (including penalties) of sections 6, 8, 9, and 10 of the 
Federal Trade Commission Act (15 U.S.C. 46, 48, 49, and 50, 
respectively), shall apply to the jurisdiction, powers, and duties of 
the Secretary in enforcing this Act and to any person subject to Act, 
whether or not a corporation.

SEC. 9. REGULATIONS.

    The Secretary is authorized to issue such regulations as may be 
necessary to carry out the provisions of this Act.

SEC. 10. AUTHORITY TO BORROW FUNDS FROM THE COMMODITY CREDIT 
              CORPORATION.

    During the 10-year period specified in section 13, the Secretary 
may borrow, under such terms as determined by the Secretary, funds 
available to the Commodity Credit Corporation in an amount not to 
exceed $7,000,000 to carry out the insurance program.

SEC. 11. EMERGENCY LIMITATIONS ON THE MOVEMENT OF CERVIDAE IN 
              INTERSTATE COMMERCE.

    Because of the risk of spreading tuberculosis among cervidae and 
other uninfected livestock, the movement or sale of cervidae in 
interstate commerce shall be contingent upon proof of insurance 
obtained under this Act or a waiver signed by the owner releasing the 
Federal Government from liability for indemnity for the destruction of 
cervidae exposed to or infected with tuberculosis.

SEC. 12. SEPARABILITY OF PROVISIONS.

    The sections of this Act and subdivisions of sections are declared 
to be separable, and in the event any one or more of the sections or 
parts of the same of this Act be held to be unconstitutional, the same 
shall not affect the validity of other sections or parts of sections of 
this Act.

SEC. 13. TERMINATION.

    The insurance program authorized by this section shall terminate at 
the end of the 10-year period beginning on the date the Secretary first 
offers insurance under the program. Any insurance policy provided under 
the program that is still in effect upon the termination of the program 
shall remain in effect for the remainder of the term of the policy, 
except that no policy may be renewed after the termination date of the 
program.
[A]:
Emergency Cervidae Tuberculosis Protection Act - Authorizes the Secretary of Agriculture to establish a voluntary ten-year insurance program to compensate participating owners of domesticated cervidae (deer, elk, reindeer) for the destruction of animals injected with, or exposed to, tuberculosis. 
Places specified limitations on the movement of cervidae in interstate commerce.