Input:
SECTION 1. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.

    Title I of the Indian Health Care Improvement Act (25 U.S.C. 1611
et seq.) is amended by adding at the end the following new section:

``SEC. 125. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.

    ``(a) In General.--The Secretary shall pay a technical medical
employee of the Service for such time as the technical medical employee
is officially scheduled to be on call outside such technical medical
employee's regular hours or on a holiday designated by Federal statute
or Executive order for such time as the technical medical employee may
be called back to work at a rate that is equal to 10 percent of the
amount that is equal to one and \1/2\ times such technical medical
employee's hourly rate of basic pay.
    ``(b) Technical Medical Employee.--For the purposes of this
section, the term `technical medical employee' includes the following:
            ``(1) Medical technician.--An employee whose position is in
        the GS-0645 occupational series. Such a position may involve
        nonprofessional technical work in clinical (medical)
        laboratories such as performing tests and examinations in one
        or more areas of work (such as chemistry, blood banking,
        hematology, or microbiology) where the reports of findings of
        tests and examinations may be used by physicians in diagnosis,
        care and treatment of patients, or in support of medical
        research. The work may require a practical knowledge of the
        techniques of medical laboratory practice in one or more areas
        of clinical laboratory work (e.g., blood banking, chemistry,
        hematology, microbiology, and cytology) and of the chemistry,
        biology, and anatomy involved.
            ``(2) Medical technologist.--An employee whose position is
        in the GS-0644 occupational series. Such a position may involve
        one or more of the following:
                    ``(A) Technical work subordinate to the work of
                pathologists or other physicians (or other professional
                employee) who make the final diagnostic examinations of
                specimens of human tissues or cell preparations).
                    ``(B) Technician work in histopathology involving
                preparation of thin sections of tissue specimens
                including fixing, clear, infiltrating, embedding,
                sectioning, staining, and mounting.
                    ``(C) Technician work in cytology involving
                preparation, staining, and examining microscopically
                specimens of body fluids, secretions, and exudiations
                from any part of the body to determine whether cellar
                structure is normal, atypical, or abnormal.
                    ``(D) Work requiring a practical knowledge of the
                techniques of anatomical laboratory practice in one or
                both of the areas of laboratory work (i.e.
                histopathology and cytology) and of the chemistry,
                biology, and anatomy involved.
            ``(3) Diagnostic radiologic technologist or technician.--An
        employee whose position is in the GS-0647 occupational series.
        Such a position may involve one or more of the following:
                    ``(A) Performing most routine diagnostic
                radiographic procedures under general supervision and
                gains experience in the performance of more difficult
                techniques and procedures by assisting higher grade
                technologists.
                    ``(B) Operating radiographic equipment to produce
                x-ray films of chest, joints, feet, hands, long bones
                of arms and legs, and other routine views of other
                parts of the body.
                    ``(C) Working with outpatients or ambulatory
                patients, positions patients, and sets technical
                factors in accordance with standardized procedures and
                techniques.
                    ``(D) Performing a variety of difficult
                radiographic examinations.
                    ``(E) Receiving patients, explaining method of
                procedure, positions patient, selecting and setting
                technical factors, setting up and adjusting accessory
                equipment required, and making exposures necessary for
                the requested procedure.
    ``(c) Modifications.--The Secretary shall carry out the intent of
this section so that it applies to--
            ``(1) subsequent or additional occupational series
        designations or redesignations; and
            ``(2) modified or additional employee descriptions as such
        modifications or additions are necessary to correspond with
        technological advancements.
    ``(d) Exception for Rate of On-Call Pay.--An employee who is
eligible for on-call pay under subsection (a) and who was receiving
standby premium pay pursuant to section 5545 of title 5 on May 20,
1988, shall, as long as such employee is employed in the same position
and work unit and remains eligible for such standby pay, receive pay
for any period of on-call duty at the rate equal to the greater of--
            ``(1) the rate of pay which such employee would receive if
        being paid the rate of standby pay pursuant to such section
        that such individual would be entitled to receive if such
        individual were not scheduled to be on call instead, or
            ``(2) the rate of pay which such employee is entitled to
        receive including on-call premium pay described in subsection
        (a).''.

Output: Amends the Indian Health Care Improvement Act to provide for certain technical medical employees of the Indian Health Service to be paid for such time as they are officially scheduled to be on call outside their regular hours or on a holiday for such time as they may be called back to work.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Commission to Study the
Culture and Glorification of Violence in America Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the Presidential
Commission to Study the Culture and Glorification of Violence in
America (hereinafter the ``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    The Commission shall--
            (1) examine the glorification of violence in the United
        States;
            (2) examine the relationship between psychological stress
        and increased violence;
            (3) examine the role of the media in the violent atmosphere
        prevalent today;
            (4) examine the correlation, if any, between ease of access
        to firearms and increased violence;
            (5) examine the role of the school system in identifying
        potential perpetrators of violence; and
            (6) make findings and conclusions, and recommend potential
        solutions (including recommendations for legislation and
        administrative action) to alleviate the problems of
        glorification of violence in the United States.

SEC. 4. MEMBERSHIP OF COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 22
members (hereinafter the ``members'') who shall be appointed as
follows:
            (1) 10 members appointed by the President.
            (2) 3 members appointed by the majority leader of the House
        of Representatives.
            (3) 3 members appointed by the minority leader of the House
        of Representatives.
            (4) 3 members appointed by the majority leader of the
        Senate.
            (5) 3 members appointed by the minority leader of the
        Senate.
    (b) Qualifications.--
            (1) In general.--Members shall have special knowledge of or
        experience in the issue of violence in America, and may include
        sociologists, psychologists, clergy, school counselors, law
        enforcement officials, victims of violence, and representatives
        from the media and the entertainment and gun industries.
            (2) Political affiliation.--Political affiliation shall not
        be a determining factor in the appointment of members.
    (c) Deadline for Appointment.--Every original member shall be
appointed to the Commission not later than 90 days after the date of
the enactment of this Act.
    (d) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
    (e) Basic Pay.--Members shall not be paid by reason of their
service as members.
    (f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
    (g) Quorum.--Nine members shall constitute a quorum for conducting
the business of the Commission, but a lesser number may hold hearings.
    (h) Chairperson.--The members shall elect one member to act as the
Chairperson of the Commission (hereinafter the ``Chairperson'').
    (i) Meetings.--The Commission shall meet at the call of the
Chairperson.

SEC. 5. STAFF OF COMMISSION.

    (a) Staff.--The Chairperson may appoint and fix the pay of the
Commission personnel as the Chairperson considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
    (c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of the department or agency to
assist the Commission in carrying out the duties of the Commission.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act.
    (b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under subsection (c)
or (e).
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
    (d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
    (e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).

SEC. 7. REPORT OF COMMISSION.

    The Commission shall transmit a report to the President and the
Congress not later than one year after the date that all original
members have been appointed to the Commission. The report shall contain
a detailed statement of the findings, conclusions, and recommendations
of the Commission.

SEC. 8. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after submitting the report
required by section 7.

SEC. 9. BUDGET ACT COMPLIANCE.

    Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in appropriations Acts.

Output: Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America.  Directs the Commission to: (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the media's role in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions and recommend potential solutions to alleviate the problems of glorification of violence in the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2005''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a 4-year pilot program to--
            (1) provide confidential assistance to small business
        concerns;
            (2) provide small business concerns with the information
        necessary to improve their rate of compliance with Federal and
        State regulations derived from Federal law;
            (3) create a partnership among Federal agencies to increase
        outreach efforts to small business concerns with respect to
        regulatory compliance;
            (4) provide a mechanism for unbiased feedback to Federal
        agencies on the regulatory environment for small business
        concerns; and
            (5) expand the services delivered by the Small Business
        Development Centers under section 21(c)(3)(H) of the Small
        Business Act to improve access to programs to assist small
        business concerns with regulatory compliance.

SEC. 3. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.

    (a) Definitions.--In this section, the following definitions shall
apply:
            (1) Administration.--The term ``Administration'' means the
        Small Business Administration.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of the Small Business Administration, acting
        through the Associate Administrator for Small Business
        Development Centers.
            (3) Association.--The term ``association'' means the
        association established pursuant to section 21(a)(3)(A) of the
        Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a
        majority of Small Business Development Centers.
            (4) Participating small business development center.--The
        term ``participating Small Business Development Center'' means
        a Small Business Development Center participating in the pilot
        program established under this Act.
            (5) Regulatory compliance assistance.--The term
        ``regulatory compliance assistance'' means assistance provided
        by a Small Business Development Center to a small business
        concern to assist and facilitate the concern in complying with
        Federal and State regulatory requirements derived from Federal
        law.
            (6) Small business development center.--The term ``Small
        Business Development Center'' means a Small Business
        Development Center described in section 21 of the Small
        Business Act (15 U.S.C. 648).
            (7) State.--The term ``State'' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, the Virgin Islands, American Samoa, and Guam.
    (b) Authority.--In accordance with this section, the Administrator
shall establish a pilot program to provide regulatory compliance
assistance to small business concerns through participating Small
Business Development Centers.
    (c) Small Business Development Centers.--
            (1) In general.--In carrying out the pilot program
        established under this section, the Administrator shall enter
        into arrangements with participating Small Business Development
        Centers under which such Centers shall--
                    (A) provide access to information and resources,
                including current Federal and State nonpunitive
                compliance and technical assistance programs similar to
                those established under section 507 of the Clean Air
                Act Amendments of 1990 (42 U.S.C. 7661f);
                    (B) conduct training and educational activities;
                    (C) offer confidential, free-of-charge, one-on-one,
                in-depth counseling to the owners and operators of
                small business concerns regarding compliance with
                Federal and State regulations derived from Federal law,
                provided that such counseling is not considered to be
                the practice of law in a State in which a Small
                Business Development Center is located or in which such
                counseling is conducted;
                    (D) provide technical assistance;
                    (E) give referrals to experts and other providers
                of compliance assistance who meet such standards for
                educational, technical, and professional competency as
                are established by the Administrator; and
                    (F) form partnerships with Federal compliance
                programs.
            (2) Reports.--Each participating Small Business Development
        Center shall transmit to the Administrator and the Chief
        Counsel for Advocacy of the Small Business Administration, as
        the Administrator may direct, a quarterly report that
        includes--
                    (A) a summary of the regulatory compliance
                assistance provided by the Center under the pilot
                program;
                    (B) the number of small business concerns assisted
                under the pilot program; and
                    (C) for every fourth report, any regulatory
                compliance information based on Federal law that a
                Federal or State agency has provided to the Center
                during the preceding year and requested that it be
                disseminated to small business concerns.
    (d) Eligibility.--A Small Business Development Center shall be
eligible to receive assistance under the pilot program established
under this section only if such Center is certified under section
21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
    (e) Selection of Participating State Programs.--
            (1) Groupings.--
                    (A) Consultation.--In consultation with the
                association, and giving substantial weight to the
                recommendations of the association, the Administrator
                shall select the Small Business Development Center
                Programs of 2 States from each of the groups of States
                described in subparagraphs (B) through (K) to
                participate in the pilot program established under this
                section.
                    (B) Group 1.--Group 1 shall consist of Maine,
                Massachusetts, New Hampshire, Connecticut, Vermont, and
                Rhode Island.
                    (C) Group 2.--Group 2 shall consist of New York,
                New Jersey, Puerto Rico, and the Virgin Islands.
                    (D) Group 3.--Group 3 shall consist of
                Pennsylvania, Maryland, West Virginia, Virginia, the
                District of Columbia, and Delaware.
                    (E) Group 4.--Group 4 shall consist of Georgia,
                Alabama, North Carolina, South Carolina, Mississippi,
                Florida, Kentucky, and Tennessee.
                    (F) Group 5.--Group 5 shall consist of Illinois,
                Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
                    (G) Group 6.--Group 6 shall consist of Texas, New
                Mexico, Arkansas, Oklahoma, and Louisiana.
                    (H) Group 7.--Group 7 shall consist of Missouri,
                Iowa, Nebraska, and Kansas.
                    (I) Group 8.--Group 8 shall consist of Colorado,
                Wyoming, North Dakota, South Dakota, Montana, and Utah.
                    (J) Group 9.--Group 9 shall consist of California,
                Guam, American Samoa, Hawaii, Nevada, and Arizona.
                    (K) Group 10.--Group 10 shall consist of
                Washington, Alaska, Idaho, and Oregon.
            (2) Deadline for selection.--The Administrator shall make
        selections under this subsection not later than 60 days after
        the date of publication of final regulations under section 4.
    (f) Matching Requirement.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to
assistance made available under the pilot program established under
this section.
    (g) Grant Amounts.--Each State program selected to receive a grant
under subsection (e) shall be eligible to receive a grant in an amount
equal to--
            (1) not less than $150,000 per fiscal year; and
            (2) not more than $300,000 per fiscal year.
    (h) Evaluation and Report.--The Comptroller General of the United
States shall--
            (1) not later than 30 months after the date of disbursement
        of the first grant under the pilot program established under
        this section, initiate an evaluation of the pilot program; and
            (2) not later than 6 months after the date of the
        initiation of the evaluation under paragraph (1), transmit to
        the Administrator, the Committee on Small Business and
        Entrepreneurship of the Senate, and the Committee on Small
        Business of the House of Representatives, a report containing--
                    (A) the results of the evaluation; and
                    (B) any recommendations as to whether the pilot
                program, with or without modification, should be
                extended to include the participation of all Small
                Business Development Centers.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        carry out this section--
                    (A) $5,000,000 for the first fiscal year beginning
                after the date of enactment of this Act; and
                    (B) $5,000,000 for each of the 3 fiscal years
                following the fiscal year described in subparagraph
                (A).
            (2) Limitation on use of other funds.--The Administrator
        may carry out the pilot program established under this section
        only with amounts appropriated in advance specifically to carry
        out this section.
    (j) Termination.--The Small Business Regulatory Assistance Pilot
Program established under this section shall terminate 4 years after
the date of disbursement of the first grant under the pilot program.

SEC. 4. RULEMAKING.

    After providing notice and an opportunity for comment, and after
consulting with the association (but not later than 180 days after the
date of enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
            (1) priorities for the types of assistance to be provided
        under the pilot program established under this Act;
            (2) standards relating to educational, technical, and
        support services to be provided by participating Small Business
        Development Centers;
            (3) standards relating to any national service delivery and
        support function to be provided by the association under the
        pilot program;
            (4) standards relating to any work plan that the
        Administrator may require a participating Small Business
        Development Center to develop; and
            (5) standards relating to the educational, technical, and
        professional competency of any expert or other assistance
        provider to whom a small business concern may be referred for
        compliance assistance under the pilot program.

Output: National Small Business Regulatory Assistance Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers). Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; (4) technical assistance; and (5) partnerships with Federal compliance programs. Requires the Administrator, giving substantial weight to the recommendations of the majority of the Centers, to select the Center programs of two States from each of ten groups of States for participation in the pilot program. Provides grant limits. Terminates the pilot program four years after disbursement of the first grant.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Deposit Insurance
Corporation Regulatory Flexibility Act of 1995''.

SEC. 2. ADMINISTRATION OF FICO ASSESSMENTS BY FDIC.

    Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by striking ``the Financing Corporation, with
the approval of the Board of Directors of the Federal Deposit Insurance
Corporation'' and inserting ``the Board of Directors of the Federal
Deposit Insurance Corporation, after consultation with the Financing
Corporation,''.

SEC. 3. AVAILABILITY OF RTC FUNDS FOR DEPOSIT INSURANCE PURPOSES.

    Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended--
            (1) by adding at the end the following new paragraph:
            ``(9) Availability of rtc funding.--
                    ``(A) In general.--The Secretary of the Treasury
                shall provide, out of funds appropriated to the
                Resolution Trust Corporation under section 21A(i)(3) of
                the Federal Home Loan Bank Act and not needed by the
                Resolution Trust Corporation, to the Corporation, at
                the request of the Board of Directors, such amounts as
                the Board of Directors requests for any of the
                following purposes:
                            ``(i) To cover the interest payments,
                        issuance costs, and custodial fees on
                        obligations issued by the Financing
                        Corporation.
                            ``(ii) To make deposits in the Savings
                        Association Insurance Fund of such amounts as
                        may be needed to carry out the purposes of this
                        Act.
                            ``(iii) To satisfy claims against the
                        Federal Government arising from changes in the
                        statutory treatment of supervisory goodwill (on
                        the books of the Corporation as of the date of
                        the enactment of Financial Institutions Reform,
                        Recovery, and Enforcement Act of 1989) pursuant
                        to section 5(t) of the Home Owners' Loan Act.
                    ``(B) Return to treasury.--If the aggregate amount
                of funds transferred to the Corporation under
                subparagraph (A) exceeds the amount necessary to carry
                out the purposes of such subparagraph, such excess
                amounts shall be deposited in the general fund of the
                Treasury.''.

SEC. 4. LIMITED FDIC AUTHORITY TO TEMPORARILY TRANSFER FUNDS BETWEEN
              THE BIF AND SAIF.

    Section 11(a)(4) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended by adding at the end the following new
subparagraph:
                    ``(C) Transfer of funds.--Notwithstanding
                subparagraph (A), the Corporation may transfer, for
                such period of time and under such conditions as the
                Corporation determines to be appropriate, an amount not
                to exceed the amount equal to .03 percent of the
                assessment base of any deposit insurance fund from such
                fund to another deposit insurance fund to the extent
                necessary to achieve or maintain the designated reserve
                ratio of the fund to which such assets are
                transferred.''.

SEC. 5. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT.

    Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
            ``(8) Special 1-time assessment to recapitalize saif.--
                    ``(A) In general.--The Corporation may, in the
                discretion of the Board of Directors, impose a special
                assessment on each Savings Association Insurance Fund
                member in an amount not greater than 0.40 percent of
                the assessment base, as of January 1, 1995, on which
                assessments are imposed under the risk-based assessment
                system established pursuant to paragraph (1).
                    ``(B) Deposit of assessment in saif.--The proceeds
                of any assessment imposed under subparagraph (A) shall
                be deposited in the Savings Association Insurance Fund.
                    ``(C) Imposition over period of years.--The
                assessment authorized under subparagraph (A) may be
                imposed incrementally over such period of years as the
                Board of Directors may determine to be appropriate,
                except the larger percentage of any such incremental
                assessment shall be allocated to the first year of the
                effective period for such assessment.
                    ``(D) Abatement for troubled institutions.--The
                Board of Directors may abate any portion of any
                assessment under this paragraph in the case of any
                undercapitalized institution or any institution which
                would become undercapitalized as a result of the
                imposition of such assessment.''.

SEC. 6. ESTABLISHMENT OF DESIGNATED RESERVE RATIO AS A FLOOR RATHER
              THAN A TARGET.

    (a) Section 7(b)(2)(A)(iv) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)(iv)) is amended to read as follows:
                            ``(iv) Establishment of designated reserve
                        ratio.--The Board of Directors shall establish
                        the designated reserve ratio for each insurance
                        fund in accordance with the following:
                                    ``(I) The designated reserve ratio
                                of any insurance fund shall be not less
                                than 1.25 percent of the estimated
                                insured deposits of members of such
                                fund.
                                    ``(II) The ratio of any insurance
                                fund shall be established at an amount
                                which the Board of Directors determines
                                will provide for an appropriate amount
                                of reserves against losses which may
                                reasonably be expected to be incurred
                                by the fund without resulting in an
                                excessive buildup in the fund.''.
    (b) Reduction in Assessment Rate if Designated Reserve Ratio Is
Met.--Section 7(b)(2)(A) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)) is amended by adding at the end the following new
clause:
                            ``(v) Clarification of authority to reduce
                        assessments amounts.--The authority of the
                        Board of Directors to set semiannual
                        assessments to maintain the reserve ratio of
                        any insurance fund at the designated reserve
                        ratio includes the authority to reduce such
                        assessments by any appropriate amount if the
                        reserve ratio of such fund is equal to or
                        greater than the minimum designated reserve
                        ratio of such fund.''.

SEC. 7. CLARIFICATION ON USE OF INSURANCE FUND ASSESSMENTS.

    Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
            ``(8) Use of insurance assessments.--Amounts received by
        the Corporation pursuant to assessments on insured depository
        institution under this subsection shall be used primarily for
        insurance fund purposes and shall not be unduly diverted to
        other uses.''.

SEC. 8. CLARIFICATION THAT CERTAIN INSTITUTIONS INSURED BY THE SAIF ARE
              SUBJECT TO FICO ASSESSMENTS.

    Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by inserting after ``Savings Association
Insurance Fund member'' the following: ``, including any Savings
Association Insurance Fund member referred to in section 5(d)(2)(G) of
the Federal Deposit Insurance Act and, in the case of any Bank
Insurance Fund member which has deposits which are treated (under
section 5(d)(3) of such Act) as deposits which are insured by the
Savings Association Insurance Fund, the adjusted attributable deposit
amount with respect to such member as determined under subparagraph (C)
of section 5(e)(3) of such Act for purposes of subparagraph (B)(i) of
such section,''.

SEC. 9. REPEAL OF MINIMUM SAIF ASSESSMENT RULE.

    Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by striking subparagraph (E).

Output:
Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to require the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), after consultation with the Financing Corporation (FICO), (currently, FICO, with FDIC Board approval) to place a prescribed assessment against each Savings Association Insurance Fund (SAIF) member in order to cover interest payments, issuance costs, and custodial fees of certain FICO obligations.
Amends the Federal Deposit Insurance Act (FDIA) to direct the Secretary of the Treasury to provide to the FDIC, upon its request, certain funds not needed by the Resolution Trust Corporation (RTC), in order to cover the same FICO costs.
Authorizes the FDIC to transfer, for an appropriate period of time, up to a certain percentage of a fund's assessment base between the Bank Insurance Fund (BIF) and the SAIF as necessary to achieve or maintain the designated reserve ratio of the transferee fund.
Amends the FDIA to authorize the FDIC to impose a one-time special SAIF capitalization assessment.
Reformulates the designated reserve ratio for each deposit insurance fund to establish a minimum instead of a target amount. Empowers the FDIC Board of Directors to reduce semiannual assessments if an insurance fund's reserve ratio is equal to or greater than its minimum designated reserve ratio.
Mandates that insurance assessments be used primarily for insurance fund purposes and not be unduly diverted to other uses.
Amends the FHLBA to include within FICO assessment authority specified SAIF members as well as BIF members whose deposits are treated as insured by the SAIF.
Amends the FDIA to repeal the minimum assessment requirements for any insured deposit insurance fund (including the SAIF).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal Resources Enhancement and
Restoration Act of 2000''.

SEC. 2. NATIONAL SCIENCE FOUNDATION RESEARCH GRANTS FOR COASTAL
              ENGINEERING AND SHORELINE PROTECTION.

    Section 3 of the National Science Foundation Act of 1950 (42 U.S.C.
1862) is amended by adding at the end the following:
    ``(h) Beginning in fiscal year 2001, not less than 10 percent of
the amounts appropriated for a fiscal year for making grants for
engineering research under subsection (a)(1) shall be used by the
Foundation for making grants for coastal engineering and coastline
protection research.''.

SEC. 3. SUPPLEMENTAL ENVIRONMENTAL PROGRAMS IN COASTAL AREAS.

    Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended by adding at the end the following:
    ``(c) Artificial Reefs and Aquatic Habitat Restoration Projects.--A
department, agency, or instrumentality of the Federal Government that
is found to have violated this Act in connection with the discharge or
runoff of pollutants into coastal waters of the United States and that,
as a result of the violation, is ordered to undertake a supplemental
environmental program in lieu of paying fines shall be given the option
of constructing artificial reefs and undertaking aquatic habitat
restoration projects.''.

SEC. 4. ACCESS TO PUBLICLY OWNED SHORES.

    (a) Eligibility of Shoreline Protection Projects.--Subsection (d)
of the first section of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'', approved August 13, 1946 (33 U.S.C. 426d), is amended by
adding at the end the following: ``In making determinations under this
subsection, the Secretary shall consider a publicly owned shore with
insufficient public access (as determined in accordance with rules
issued by the Secretary) to be a privately owned shore.''.
    (b) Cost Sharing.--Section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)) is amended by adding at the
end the following:
            ``(3) Privately owned shores defined.--In this subsection,
        the term `privately owned shores' includes a publicly owned
        shore with insufficient public access, as determined in
        accordance with rules issued by the Secretary.''.
    (c) Rules.--The Secretary of the Army shall issue rules to carry
out the amendments made by this subsection. In issuing such rules, the
Secretary shall seek to ensure public access to every one-half mile of
publicly owned shore for which assistance is provided by the Secretary.
The Secretary may allow for exceptions to such access requirements in
cases of shores located in areas of extreme environmental sensitivity.

SEC. 5. BEACH NOURISHMENT ACCOUNT.

    (a) Establishment.--There is established in the Treasury a separate
account to be known as the Beach Nourishment Account (in this section
referred to as the ``account''), which shall consist of such funds as
may be deposited or credited to the account under this section.
    (b) Source of Funds for Account.--For fiscal year 2001 and each
fiscal year thereafter, the Secretary of the Treasury shall
periodically transfer to the account amounts equivalent to 2 percent of
the funds deposited in the general fund of the Treasury under section 9
of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
    (c) Use of Account.--Funds in the account shall be available
without further appropriation--
            (1) in the amounts specified in section 6, to the Secretary
        of Commerce and the Administrator of the National Aeronautics
        and Space Administration to carry out the pilot program
        authorized by section 6; and
            (2) in the amounts remaining after funds are made available
        under paragraph (1), to the Secretary of the Army to carry out
        projects for beach nourishment, shore protection, and beach
        erosion control;
Funds in the account shall remain available until expended.
    (d) Applicability of Requirements.--The Secretary of the Army shall
carry out beach nourishment, shore protection, and beach erosion
control projects using amounts in the account in accordance with the
cost-sharing requirements under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) and other requirements
applicable to such projects.
    (e) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account shall be reported in annual
estimates submitted to Congress by the Secretary of the Army.
    (f) Investment.--
            (1) In general.--The Secretary of the Treasury shall invest
        such portion of the account established by subsection (a) as is
        not, in the judgment of the Secretary, required to meet current
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States. For such purpose,
        such obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the
                market price.
            (2) Sale of obligations.--Any obligation acquired by the
        account may be sold at the market price.
            (3) Interest on certain proceeds.--The interest on, and the
        proceeds from the sale or redemption of, any obligations held
        in the account shall be credited to and form part of the
        account.

SEC. 6. COMPREHENSIVE OCEAN OBSERVING SYSTEM PILOT PROGRAM.

    (a) In General.--The Secretary of Commerce (acting through the
Under Secretary for Oceans and Atmosphere) and the Administrator of the
National Aeronautics and Space Administration shall jointly carry out a
pilot program to institute the mission of the Global Ocean Observing
System in the United States by establishing a comprehensive monitoring
network of ocean conditions.
    (b) Partnerships.--In carrying out the pilot program, the Secretary
and the Administrator shall enter into partnerships with local and
regional interests to monitor and collect the widest range of data
possible about the coastal oceans and inland waterways in order to make
such information available to interested persons in real time or near
real time.
    (c) Information To Be Collected.--Information collected under the
pilot program shall include the following:
            (1) Wave heights, periods, swell direction and water
        temperature.
            (2) Coastal currents and their directions.
            (3) Large mammal movement via implanted sensors.
            (4) Sewage outfall movement.
            (5) Water quality, such as bacteria counts, sediment
        movement, and red tides.
            (6) Beaconed fishing boat tracking (for tracking illegal
        foreign whalers).
            (7) Oil spill tracking.
            (8) Beach erosion data.
            (9) Weather.
            (10) River mouth outflow sediment observation.
            (11) Global Information System coastal mapping.
    (d) Federal Cooperation.--The Secretary and the Administrator shall
carry out the pilot project in cooperation with the Geological Survey,
the Navy, and the Environmental Protection Agency.
    (e) Regional Test Projects.--In carrying out the pilot program, the
Secretary and the Administrator shall establish 2 regional test
projects. One of the test projects shall be located at the Southern
California Bight from Encinitas, Mexico, to Point Dume, California,
with Orange County, California, serving as the focal point. The second
test project shall be carried out at a location to be determined by the
Secretary and the Administrator.
    (f) Coordination of Existing Efforts.--In carrying out the pilot
program, the Secretary and the Administrator shall not replace or
duplicate existing efforts of Federal, State, and local entities in
monitoring ocean conditions, but shall seek to coordinate such efforts
and to obtain information that is not currently collected.
    (g) Authorization of Appropriations.--
            (1) In general.--There shall be available from the Beach
        Nourishment Account established by section 5 $4,000,000 for
        each of fiscal years 2001 through 2006 to carry out this
        section.
            (2) Allocation.--Of the amounts made available under
        paragraph (1), $2,000,000 per fiscal year shall be available
        for carrying out each of the 2 regional test projects referred
        to in subsection (e).

Output:
Amends the Federal Water Pollution Control Act to direct a Federal agency found to have violated the Act in connection with the discharge or runoff of pollutants into U.S. coastal waters and ordered to undertake a supplemental environmental program in lieu of paying fines to be given the option of constructing artificial reefs and undertaking aquatic habitat restoration projects.
Requires the Secretary of the Army, in determining which shores other than public will be eligible for Federal assistance for shore protection, to consider a publicly owned shore with insufficient public access to be a privately owned shore.
Amends the Water Resources Development Act of 1986 to allow a publicly owned shore with insufficient public access to be considered a privately owned shore for purposes of costs of constructing projects or measures for beach erosion control and water quality enhancement assigned to projects for flood control and other water resources purposes.
Directs the Secretary of Commerce and the Administrator of the National Aeronautics and Space Administration to carry out a comprehensive ocean observing system pilot program. Requires the establishment of two regional test projects, one of which shall be located at the Southern California Bight from Encinitas, Mexico, to Point Dume, California, with Orange County, California, serving as the focal point.
Establishes a beach nourishment account in the Treasury to carry out: (1) such pilot program; and (2) projects for beach nourishment, shore protection, and beach erosion control.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Courts Bail Reform
Act''.

SEC. 2. CONDITIONS ON DETENTION OF ALIENS.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended--
            (1) in subsection (a)(2), by amending subparagraph (A) to
        read as follows:
                    ``(A) bond containing conditions prescribed by the
                Secretary of Homeland Security; or'';
            (2) in subsection (c), by adding at the end the following:
    ``(3) Review of Initial Custody Determination.--An immigration
judge may review the initial custody determination under this
subsection to the extent permitted under subsection (f).''; and
            (3) by adding at the end the following:
    ``(f) Procedures for Custody Hearings.--For any alien taken into
custody under any provision of this Act, with the exception of children
being transferred to, or in, the custody of the Office of Refugee
Resettlement of the Department of Health and Human Services, the
following rules shall apply:
            ``(1) The Secretary of Homeland Security shall, without
        unnecessary delay and not later than 72 hours after the alien
        is taken into custody, file the Notice to Appear or other
        relevant charging document with the immigration court having
        jurisdiction over the location where the alien was apprehended,
        and serve such notice on the alien.
            ``(2) The Secretary shall immediately determine whether the
        alien shall remain in custody or be released and, without
        unnecessary delay and not later than 72 hours after the alien
        was taken into custody, serve upon the alien the custody
        decision specifying the reasons for continued custody and the
        amount of bond, if any. Except for aliens who the Secretary has
        determined are subject to subsection (c) or certified under
        section 236A, the Secretary may continue to detain the alien
        only if the Secretary determines by clear and convincing
        evidence that no conditions reasonably will assure the
        appearance of the alien as required and the safety of any other
        person and the community.
            ``(3) The Attorney General shall ensure the alien has the
        opportunity to appear before an immigration judge for a custody
        redetermination hearing promptly after personal service of the
        Secretary's custody decision. The immigration judge may, on the
        Secretary's motion and upon a showing of good cause, postpone a
        custody redetermination hearing for not more than 72 hours
        after personal service of the custody decision, except that in
        no case shall the hearing occur more than 6 days (including
        weekends and holidays) after the alien was taken into custody.
            ``(4) The immigration judge shall advise the alien of the
        right to postpone the custody redetermination hearing and
        shall, on the oral or written request of the individual,
        postpone the custody determination hearing for a period of not
        more than 14 days.
            ``(5) Except for aliens who the immigration judge has
        determined are subject to subsection (c) or certified under
        section 236A, the immigration judge shall review the custody
        determination de novo and may continue to detain the alien only
        if the Secretary demonstrates by clear and convincing evidence
        that no conditions reasonably will assure the appearance of the
        alien as required and the safety of any other person and the
        community.
            ``(6)(A) In making a custody determination, both the
        Secretary and the immigration judge shall order the release of
        the alien on personal recognizance, or upon execution of an
        unsecured appearance bond in an amount specified by the court,
        unless the Secretary or the immigration judge determines that
        such release will not reasonably assure the appearance of the
        alien as required or will endanger the safety of any other
        person or the community.
            ``(B) If the Secretary or immigration judge determines that
        release under subparagraph (A) will not reasonably assure the
        appearance of the alien as required or will endanger the safety
        of any other person or the community, the Secretary or the
        immigration judge shall order the release of the alien subject
        to the least restrictive further condition, or combination of
        conditions, that the Secretary or immigration judge determines
        will reasonably assure the appearance of the alien as required
        and the safety of any other person and the community. Such
        conditions may include those specified under section
        3142(c)(1)(B) of title 18, United States Code.
            ``(C) In determining whether to impose a bond as a
        condition of release, the Secretary or immigration judge shall
        consider the alien's financial ability to pay a bond and
        whether alternative conditions of supervision, alone or in
        combination with a lower bond amount, deposit bond, or property
        bond, will reasonably assure the appearance of the alien as
        required and the safety of any other person and the community.
        The Secretary or immigration judge may not impose a financial
        condition that results in the detention of the alien.
            ``(D) For aliens who the immigration judge has determined
        are subject to subsection (c), the immigration judge may review
        the custody determination, and consider alternatives to
        detention which maintain custody over the alien, if the
        immigration judge agrees the alien is not a danger to the
        community.
            ``(7) In the case of any alien remaining in custody after a
        custody determination, the Attorney General shall provide de
        novo custody redetermination hearings pursuant to paragraph (6)
        before an immigration judge every 90 days as long as the alien
        remains in custody. An alien may also obtain a de novo custody
        redetermination hearing at any time upon a showing of good
        cause. Good cause includes a showing that the alien has been
        unable to post the bond amount after having made good faith
        efforts to do so.
            ``(8) The Secretary shall inform the alien of his or her
        rights under this paragraph at the time the alien is first
        taken into custody.''.

Output: Immigration Courts Bail Reform Act This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien. An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following:   the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien;  except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community;  the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing;  except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety;   DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety;  if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety;  DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and  DHS or an immigration judge may not impose a financial condition that results in an alien's detention.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Cyber Security Leadership
Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Federal agencies rely on networked computer systems to
        deliver critical services and information to the American
        people, including operations related to national defense,
        emergency services, tax collection, and the payment of
        benefits.
            (2) There has been an astonishing increase in cyber threats
        to government and industry in recent years. The number of cyber
        attacks on Federal Government systems in 2001 was 71 percent
        greater than the number of such attacks on such systems in
        2000.
            (3) Cyber attacks can cause irreparable harm in network
        systems, including the loss or dissemination of sensitive and
        important data. Cyber attacks can also reduce the confidence of
        the American people in the integrity and security of the
        Internet.
            (4) There is mounting evidence to suggest that terrorists
        view the Internet as a tool to achieve their goals. Government
        investigators found that al Qaeda operatives browsed Internet
        sites that offered software describing the digital switches
        that control power, water, transport, and communications grids.
            (5) The Bush Administration has recognized in its draft
        National Strategy to Secure Cyberspace ``the pressing need to
        make federal cyberspace security a model for the nation''.
            (6) All but a few Federal agencies continue to receive
        failing grades for their cyber security programs.
            (7) Federal agencies must take significant steps to better
        protect themselves against cyber attacks, including--
                    (A) identifying significant vulnerabilities in
                their computer networks and the tools needed to detect
                such vulnerabilities;
                    (B) monitoring for new vulnerabilities in their
                computer networks, and assessing risks of cyber
                attacks;
                    (C) testing computers against identified
                vulnerabilities; and
                    (D) ensuring that computers and networks are
                adequately protected against such vulnerabilities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Chief information officer.--The term ``Chief
        Information Officer'', with respect to an agency, means the
        official designated as the Chief Information Officer of the
        agency pursuant to section 3506(a)(2) of title 44, United
        States Code.
            (2) Vulnerability.--The term ``vulnerability'', in the case
        of information technology, means an error or defect in coding,
        configuration, or installation of such information technology
        that increases its susceptibility to a cyber threat.
            (3) Other definitions.--Except as otherwise provided in
        this section, any term used in this Act which is defined in
        section 3502 of title 44, United States Code, shall have the
        meaning given that term in such section 3502.

SEC. 4. ELIMINATION OF SIGNIFICANT VULNERABILITIES OF FEDERAL
              GOVERNMENT INFORMATION TECHNOLOGY.

    (a) In General.--The Chief Information Officer of each agency
shall--
            (1) identify the significant vulnerabilities of the
        information technology of such agency, including--
                    (A) vulnerabilities of such classes of information
                technology of such agency as the Chief Information
                Officer shall designate for purposes of this section;
                and
                    (B) vulnerabilities of the information technology
                of such agency as a whole;
            (2) establish performance goals for eliminating the
        significant vulnerabilities of the information technology of
        such agency identified under paragraph (1), with such
        performance goals--
                    (A) to be established utilizing the current state
                of the information technology of such agency as a
                baseline;
                    (B) to be stated both for particular classes of
                information technology of such agency (as determined
                under paragraph (1)(A)) and for the information
                technology of such agency as a whole; and
                    (C) to be expressed as target ratios of
                vulnerabilities per information technology;
            (3) procure or develop tools to identify and eliminate the
        vulnerabilities identified under paragraph (1) in order to
        achieve the performance goals established under paragraph (2);
            (4) train personnel of such agency in the utilization of
        tools procured or developed under paragraph (3);
            (5) not less often than once each quarter, test the
        information technology of such agency to determine the extent
        of the compliance of the information technology with the
        performance goals established under paragraph (3); and
            (6) to the extent that the information technology of such
        agency does not comply with the performance goals established
        under paragraph (3), promptly develop and implement a plan to
        eliminate significant vulnerabilities in the information
        technology in order to achieve compliance with such performance
        goals.
    (b) Annual Report on Activities.--
            (1) Requirement.--The Chief Information Officer of each
        agency shall include information on its activities under
        subsection (a) in each annual report submitted to the Director
        of the Office of Management and Budget under section 3545(e) of
        title 44, United States Code (as amended by section 301(b) of
        the Federal Information Security Management Act of 2002 (title
        III of Public Law 107-347)).
            (2) Form.--The form of information submitted under
        paragraph (1) shall be specified by the Director of the Office
        of Management and Budget.
    (c) Governmentwide Standards.--
            (1) Review by nist.--The Director of the Office of
        Management and Budget shall ensure the review by the Director
        of the National Institute of Standards and Technology of the
        annual reports submitted under subsection (b) in the first year
        after the date of the enactment of this Act.
            (2) Guidelines.--Not later than 180 days after receiving
        annual reports for review under paragraph (1), the Director of
        the National Institute of Standards and Technology shall
        develop and make available to the Chief Information Officers of
        the agencies governmentwide guidelines for use in complying
        with subsection (a). The guidelines shall--
                    (A) identify vulnerabilities of information
                technology common to the agencies; and
                    (B) describe means of eliminating such
                vulnerabilities, including the use of checklists
                pursuant to section 8(c) of the Cyber Security Research
                and Development Act (Public Law 107-305).
            (3) Mandatory use.--
                    (A) Designation of vulnerabilities.--The Director
                of the National Institute of Standards and Technology
                shall designate as a result of the review under
                paragraph (1) any significant vulnerabilities of
                information technology of such broad applicability and
                severity so as to warrant the mandatory use of the
                guidelines developed under paragraph (2) with respect
                to such vulnerabilities.
                    (B) Mandatory use.--The Secretary of Commerce
                shall, using the authority available to the Secretary
                under section 11331(b) of title 40, United States Code,
                mandate the use by the agencies of guidelines developed
                under paragraph (2) with respect to vulnerabilities
                designated under subparagraph (A).
                    (C) Use and exception.--Each agency shall use a
                standard mandated under subparagraph (B) unless the
                Chief Information Officer of such agency determines,
                with the concurrence of the Director of the National
                Institute of Standards and Technology, that the use of
                such guideline by such agency would not increase the
                security of the information technology covered by such
                standard.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the provisions of this Act amounts as
follows:
            (1) For the Department of Commerce for the National
        Institute of Standards and Technology, $1,000,000 for fiscal
        year 2004 to develop the guidelines required by section 4(c).
            (2) For each agency, such sums as may be necessary for such
        agency for fiscal years 2004 through 2008 to carry out the
        provisions of this Act.
    (b) Availability.--The amount authorized to be appropriated by
subsection (a)(1) shall remain available until expended.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of the enactment
of this Act.

Output: National Cyber Security Leadership Act of 2003 - Requires the Chief Information Officer of each Federal agency to: (1) identify the significant vulnerabilities of the information technology (IT) of such agency; (2) establish performance goals for eliminating such vulnerabilities; (3) procure or develop tools to identify and eliminate those vulnerabilities in order to achieve such performance goals; (4) train personnel in the utilization of those tools; (5) test the agency's IT to determine the extent of its compliance with the performance goals; and (6) develop and implement a plan to eliminate significant vulnerabilities in order to achieve compliance.Requires: (1) each Officer to include information on the agency's activities under this Act in annual reports on the agency's information security program and practices submitted to the Director of the Office of Management and Budget (OMB); and (2) the OMB Director to ensure the review of such reports by the Director of the National Institute of Standards and Technology (NIST); (3) the NIST Director to designate, as the result of such review, any significant IT vulnerabilities of such broad applicability and severity so as to warrant the use of government-wide guidelines the Director shall develop and make available to such Officers for complying with this Act; and (4) the Secretary of Commerce to mandate agency use of such guidelines.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Right Prescription
for Seniors Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of medicare operated plan option.
Sec. 3. Negotiating fair prices for medicare prescription drugs.
Sec. 4. Importation of prescription drugs.
Sec. 5. Limitation on prescription drug benefits of Members of
                            Congress.

SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PLAN OPTION.

    (a) In General.--Section 1860D-11(g) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended to read
as follows:
    ``(g) Medicare Operated Plan Option.--
            ``(1) In general.--Separate from the bidding process under
        subsection (b), the Secretary shall provide for the offering in
        each PDP region of a medicare operated plan option (as defined
        in paragraph (4)) and shall enter into negotiations with
        pharmaceutical manufacturers to reduce the purchase cost of
        covered part D drugs for eligible part D individuals in
        accordance with paragraph (2).
            ``(2) Negotiations.--The Secretary shall negotiate with
        pharmaceutical manufacturers with respect to the purchase price
        of covered part D drugs and shall encourage the use of more
        affordable therapeutic equivalents to the extent such practices
        do not override medical necessity as determined by the
        prescribing physician. To the extent practicable and consistent
        with the previous sentence, the Secretary shall implement
        strategies similar to those used by other Federal purchasers of
        prescription drugs, and other strategies, to reduce the
        purchase cost of covered part D drugs.
            ``(3) Medicare operated plan option.--For purposes of this
        part, the term `medicare operated plan option' means a
        prescription drug plan that offers coverage similar to the
        standard prescription drug coverage and access to negotiated
        prices described in section 1860D-2(a)(1)(A) and does not
        include any supplemental prescription drug coverage, except
        that such plan shall provide continuous coverage and shall not
        have a coverage gap.
            ``(4) Monthly beneficiary premium.--
                    ``(A) In general.--Except as provided in section
                1860D-13(b) (relating to late enrollment penalty) and
                subject to section 1860D-14 (relating to low-income
                assistance), the monthly beneficiary premium to be
                charged under the medicare operated plan option shall
                be--
                            ``(i) for months in 2006, $35; and
                            ``(ii) for months in a subsequent year, the
                        lesser of--
                                    ``(I) the amount determined under
                                this paragraph for months in the
                                previous year, increased by the annual
                                percentage increase described in
                                subparagraph (B) for the year involved;
                                or
                                    ``(II) in the case of months in
                                years prior to 2014, the specified
                                amount (as defined in subparagraph
                                (C)).
                    ``(B) Annual percentage increase.--The annual
                percentage increase specified in this paragraph for a
                year is equal to the annual percentage increase in
                average per capita aggregate expenditures for covered
                drugs in the United States for beneficiaries under this
                title, as determined by the Administrator for the 12-
                month period ending in July of the previous year.
                    ``(C) Specified amount.--For purposes of the
                paragraph, the term `specified amount' means--
                            ``(i) for months in 2007, $37;
                            ``(ii) for months in 2008, $40;
                            ``(iii) for months in 2009, $43;
                            ``(iv) for months in 2010, $46;
                            ``(v) for months in 2011, $51;
                            ``(vi) for months in 2012, $54; and
                            ``(vii) for months in 2013, $59.
            ``(5) No affect on access requirements.--The medicare
        operated plan option shall be in addition to the plans required
        under subsection (d)(1)''.
    (b) Conforming Amendments.--
            (1) Section 1860D-3 of the Social Security Act, as added by
        section 101(a) of the Medicare Prescription Drug, Improvement,
        and Modernization Act of 2003 (Public Law 108-173), is
        repealed.
            (2) Section 1860D-11(f) of the Social Security Act, as
        added by section 101(a) of the Medicare Prescription Drug,
        Improvement, and Modernization Act of 2003 (Public Law 108-
        173), is amended--
                    (A) by striking paragraph (1) and inserting the
                following:
            ``(1) Conditions for approval of limited risk plans.--
                    ``(A) In general.--The Secretary may only approve a
                limited risk plan (as defined in paragraph (4)(A)) for
                a PDP region if the access requirements under
                subparagraph (B) would not be met for the region but
                for the approval of such a plan.
                    ``(B) Ensuring access to a choice of coverage.--
                            ``(i) Choice of at least two plans in each
                        area.--The Secretary shall ensure that each
                        part D eligible individual has available,
                        consistent with clause (ii), a choice of
                        enrollment in at least 2 qualifying plans (as
                        defined in clause (iii)) in the area in which
                        the individual resides, at least one of which
                        is a prescription drug plan.
                            ``(ii) Requirement for different plan
                        sponsors.--The requirement in clause (i) is not
                        satisfied with respect to an area if only one
                        entity offers all the qualifying plans in the
                        area.
                            ``(iii) Qualifying plan defined.--For
                        purposes of this section, the term `qualifying
                        plan' means--
                                    ``(I) a prescription drug plan; or
                                    ``(II) an MA-PD plan described in
                                section 1851(a)(2)(A)(i) that provides
                                basic prescription drug coverage or
                                qualified prescription drug coverage
                                that provides supplemental prescription
                                drug coverage so long as there is no MA
                                monthly supplemental beneficiary
                                premium applied under the plan, due to
                                the application of a credit against
                                such premium of a rebate under section
                                1854(b)(1)(C).'';
                    (B) in paragraph (2)(A), by striking ``section
                1860D-3(a)'' and inserting ``paragraph (1)(B)''; and
                    (C) in subparagraphs (A) and (B) of paragraph (4),
                by striking ``fallback prescription drug plan'' each
                place it appears and inserting ``medicare operated plan
                option''.
            (3) Section 1860D-11(h) is amended--
                    (A) in the heading, by striking ``and Fallback
                Plans''; and
                    (B) by striking the first sentence and inserting
                the following: ``The Secretary shall submit to Congress
                an annual report that describes instances in which
                limited risk plans were offered under subsection
                (f).''.
            (4) Section 1860D-12(b) of the Social Security Act, as
        added by section 101(a) of the Medicare Prescription Drug,
        Improvement, and Modernization Act of 2003 (Public Law 108-
        173), is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph
                (2).
            (5) Section 1860D-15 of the Social Security Act, as added
        by section 101(a) of the Medicare Prescription Drug,
        Improvement, and Modernization Act of 2003 (Public Law 108-
        173), is amended by striking subsection (g).
    (c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173).

SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.

    Section 1860D-11 of the Social Security Act, as added by section
101(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended by striking
subsection (i) (relating to noninterference) and by inserting the
following:
    ``(i) Negotiation of Prices With Manufacturers.--In order to ensure
that beneficiaries enrolled under prescription drug plans and MA-PD
plans pay the lowest possible price, the Secretary shall--
            ``(1) have authority similar to that of other Federal
        entities that purchase prescription drugs in bulk to negotiate
        contracts with manufacturers of covered part D drugs,
        consistent with the requirements and in furtherance of the
        goals of providing quality care and containing costs under this
        part; and
            ``(2) use such authority to negotiate the prices of covered
        part D drugs furnished to part D eligible individuals under
        prescription drug plans offered by PDP sponsors under this
        part.''.

SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.

    Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting
                ``Not later than 180 days after the date of enactment
                of the Pharmaceutical Market Access Act of 2003, the
                Secretary''; and
                    (B) by striking ``pharmacists and wholesalers'' and
                inserting ``pharmacists, wholesalers, and qualifying
                individuals'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the
                following:
            ``(1) require that each covered product imported under that
        subsection complies with sections 501, 502, and 505 and other
        applicable requirements of this Act; and'';
                    (B) in paragraph (2), by striking ``, including
                subsection (d); and'' and inserting a period; and
                    (C) by striking paragraph (3);
            (3) in subsection (c), by inserting ``by pharmacists and
        wholesalers (but not qualifying individuals)'' after
        ``importation of covered products'';
            (4) in subsection (d)--
                    (A) by striking paragraphs (3) and (10);
                    (B) in paragraph (5), by striking ``, including the
                professional license number of the importer, if any'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (C), by inserting ``(if
                        required under subsection (e))'' before the
                        period;
                            (ii) in subparagraph (D), by inserting
                        ``(if required under subsection (e))'' before
                        the period; and
                            (iii) in subparagraph (E), by striking
                        ``labeling'';
                    (D) in paragraph (7)--
                            (i) in subparagraph (A), by inserting ``(if
                        required under subsection (e))'' before the
                        period; and
                            (ii) by striking subparagraph (B) and
                        inserting the following:
                    ``(B) Certification from the importer or
                manufacturer of the product that the product meets all
                requirements of this Act.''; and
                    (E) by redesignating paragraphs (4) through (9) as
                paragraphs (3) through (8), respectively;
            (5) by striking subsection (e) and inserting the following:
    ``(e) Testing.--
            ``(1) In general.--Subject to paragraph (2), regulations
        under subsection (a) shall require that testing referred to in
        paragraphs (5) through (7) of subsection (d) be conducted by
        the importer of the covered product, unless the covered product
        is a prescription drug subject to the requirements of section
        505B for counterfeit-resistant technologies.
            ``(2) Exception.--The testing requirements of paragraphs
        (5) through (7) of subsection (d) shall not apply to an
importer unless the importer is a wholesaler.'';
            (6) in subsection (f), by striking ``or designated by the
        Secretary, subject to such limitations as the Secretary
        determines to be appropriate to protect the public health'';
            (7) in subsection (g)--
                    (A) by striking ``counterfeit or''; and
                    (B) by striking ``and the Secretary determines that
                the public is adequately protected from counterfeit and
                violative covered products being imported pursuant to
                subsection (a)'';
            (8) in subsection (i)(1)--
                    (A) by striking subparagraph (A) and inserting the
                following:
                    ``(A) Study.--
                            ``(i) In general.--The Secretary shall
                        conduct, or contract with an entity to conduct,
                        a study on the imports permitted under
                        subsection (a), including consideration of the
                        information received under subsection (d).
                            ``(ii) Evaluation.--In conducting the
                        study, the Secretary or entity shall--
                                    ``(I) evaluate the compliance of
                                importers with regulations under
                                subsection (a), and the incidence of
                                shipments under that subsection, if
                                any, that have been determined to be
                                misbranded or adulterated; and
                                    ``(II) determine how that
                                compliance contrasts with the incidence
                                of shipments of prescription drugs
                                transported within the United States
                                that have been determined to be
                                misbranded or adulterated.''; and
                    (B) in subparagraph (B), by striking ``Not later
                than 2 years after the effective date of final
                regulations under subsection (a),'' and inserting ``Not
                later than 18 months after the date of enactment of the
                Pharmaceutical Market Access Act of 2003,'';
            (9) in subsection (k)(2)--
                    (A) by redesignating subparagraphs (D) and (E) as
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the
                following:
                    ``(D) Qualifying individual.--The term `qualifying
                individual' means an individual who is not a pharmacist
                or a wholesaler.''; and
            (10) by striking subsections (l) and (m).

SEC. 5. LIMITATION ON PRESCRIPTION DRUG BENEFITS OF MEMBERS OF
              CONGRESS.

    (a) Limitation on Benefits.--Notwithstanding any other provision of
law, the actuarial value of the prescription drug benefits of any
Member of Congress enrolled in a health benefits plan under chapter 89
of title 5, United States Code, may not exceed the actuarial value of
basic prescription drug coverage (as defined in section 1860D-2(a)(3)
of the Social Security Act, as added by section 101(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173)).
    (b) Regulations.--The Director of the Office of Personnel
Management shall promulgate regulations to carry out this section.

Output:
Right Prescription for Seniors Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to ensure that Medicare beneficiaries have access to a Medicare administered prescription drug plan option.

Repeals provisions prohibiting the Secretary from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary or instituting a price structure for the reimbursement of covered part D drugs.

Grants the Secretary the authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs. Requires the Secretary to use such authority to negotiate the prices of such drugs under prescription drug plans offered by PDP sponsors.

Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).

States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.

Amends provisions regarding the importation of covered products, repealing the mandate that the Secretary require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received.

Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to requirements for counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests).

Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products (thus making such provisions permanent).

Limits prescription drug benefits for Members of Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continued Dumping or Subsidy Offset
Act of 1997''.

SEC. 2. FINDINGS OF CONGRESS.

    The Congress finds that:
            (a) Consistent with our WTO rights, injurious dumping is to
        be condemned and that actionable subsidies which cause injury
        to domestic industries must be effectively neutralized.
            (b) United States unfair trade laws have as their purpose
        the restoration of conditions of fair trade so that jobs and
        investment that should be in the United States are not lost
        through false market signals.
            (c) The continued dumping or subsidization of imported
        product after the issuance of antidumping orders or findings or
        countervailing duty orders can frustrate the remedial purpose
        of the laws by preventing market prices from returning to fair
        levels.
            (d) Where dumping or subsidization continues, domestic
        producers will be reluctant to reinvest or rehire and may be
        unable to maintain pension and health care benefits that
        conditions of fair trade would permit.
            (e) United States trade laws should be strengthened to see
        that the remedial purpose is achieved in fact.

SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.

    (a) In General.--Title VII of the Tariff Act of 1930 is amended by
adding section 752:

``SEC. 752. CONTINUED DUMPING OR SUBSIDY OFFSET.

    ``(a) In General.--Whenever continued dumping or subsidization is
found to exist by the administering authority under section 751(a) of
this Act or by operation of law, any duties assessed shall be
distributed to the affected domestic producers for qualifying
expenditures on an annual basis. Such disbursement shall be known as
the `continued dumping or subsidy offset'.
    ``(b) Definitions.--As used in this section:
            ``(1) The term `affected domestic producer' means any
        manufacturer, producer, or worker representative that was a
        petitioner or interested party in support of the petition with
        respect to which an antidumping duty finding or order or
        countervailing duty order has been entered and remains in
        operation. Companies or businesses that have ceased the
        production of the product covered by the order or finding or
        who have been acquired by a company or business that is related
        to a company that opposed the investigation shall not be an
        affected domestic producer.
            ``(2) The term `Commissioner' means the Commissioner of the
        United States Customs Service.
            ``(3) The term `Commission' means the United States
        International Trade Commission.
            ``(4) The term `qualifying expenditure' means expenditures
        incurred since the issuance of the antidumping duty finding or
        order or countervailing duty order in any or all of the
        following categories:
                    ``(i) plant;
                    ``(ii) equipment;
                    ``(iii) R&D;
                    ``(iv) personnel training;
                    ``(v) acquisition of technology;
                    ``(vi) health care benefits to employees paid for
                by the employer;
                    ``(vii) pension benefits to employees paid for by
                the employer;
                    ``(viii) environmental equipment, training and/or
                technology.
    ``(c) Disbursement Procedures.--The Commissioner shall prescribe
procedures for disbursement of the continued dumping or subsidies
offset required by this section provided that disbursement shall occur
for monies assessed during one fiscal year of the United States at the
latest within sixty days after the beginning of the next fiscal year.
    ``(d) Parties Eligible for Distribution of Antidumping and/or
Countervailing Duties Assessed.--
            ``(1) The Commission shall forward to the Commissioner
        within sixty days of the effective date of this section or
        within sixty days of the issuance of an antidumping or
        countervailing duty order after the effective date of this
        section a list of petitioners and those companies that indicate
        support of the petition by letter or through questionnaire
        response. Where no injury test was required or where the
        Commission's records do not permit an identification of those
        in support of a petition the Commission shall consult with the
        Department of Commerce to determine the identity of the
        petitioner and those domestic parties who have entered
        appearances during administrative reviews conducted by Commerce
        and sought vigorous enforcement of United States law.
            ``(2) The Commissioner shall publish in the Federal
        Register at least thirty days prior to the issuance of payments
        a notice of intention to distribute duty assessments, the list
        of companies eligible based on the list obtained from the
        Commission and shall request a certification from each
        recipient as to (a) desire to receive distribution, (b)
        continued eligibility as an affected domestic producer, and (c)
        the qualifying expenditures incurred since the issuance of the
        order for which distribution under this section has not
        previously been made.
            ``(3) The Commissioner shall distribute all funds
        (including all interest earned) from assessments received in
        the completed fiscal year to affected domestic producers based
        on the affirmative responses to subparagraph (2) on a pro rata
        basis based on new and remaining qualifying expenditures.
    ``(e) Special Accounts.--
            ``(1) Within fourteen days of the effective date of this
        provision for outstanding antidumping orders and findings or
        for outstanding countervailing duty orders or within fourteen
        days of the date an antidumping or countervailing duty order
        takes effect, the Commissioner shall establish in the Treasury
        of the United States a special account with respect to that
        order or finding.
            ``(2) The Commissioner shall have deposited into the
        special accounts all antidumping or countervailing duties,
        including interest on such duties, that are assessed under the
        antidumping order or finding or the countervailing duty order
        with respect to which the account was established since the
        effective date of this section.
            ``(3) The monies in a special account shall be available
        for distribution to the extent of actual assessment (including
        interest).
            ``(4) Consistent with the requirements of paragraph (c),
        the Commissioner shall by regulation prescribe the time and
        manner in which distribution of funds from special accounts
        will be made.
            ``(5) The special accounts will remain in existence until
        all entries relating to an order which has been terminated are
        liquidated and duties assessed collected and the Commissioner
        has provided one last notice of opportunity to obtain
        distribution pursuant to paragraph (c). Amounts unclaimed
        within 90 days of the time of such final distribution shall be
        turned over to the general Treasury.''
    (b) Effective Date.--The continued antidumping or subsidy offset
will apply with regard to all assessments made on or after October 1,
1996, on outstanding antidumping findings or orders or countervailing
duty orders.

Output:
Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis.
Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology.
Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures.  Sets forth general procedures for notification of eligible parties.
Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.