United States · United States Congress · 7 April 2004
Amends the Immigration and Nationality Technical Corrections Act of 1994 to reauthorize for a period of five years the "Conrad State 30" program, which annually allows each State to request up to 30 waivers of the home residency requirement applicable to J-1 foreign medical graduates for medical service by those graduates in health professional shortage areas. Amends the Immigration and Nationality Act to allow State departments of public health to designate health professional shortage areas for purposes of the Conrad State 30 program (currently designated only by the Secretary of Health and Human Services). Exempts Conrad State 30 physicians from the numerical limitation on H-1B visas.
United States · United States Congress · 7 April 2004
Defense of Medicare Act - Directs the Secretary of Health and Human Services, in applying risk adjustment factors to payments to Medicare+Choice organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA), to ensure that payments to such organizations are adjusted based on factors that ensure that the health status of the enrollee is reflected in such adjusted payments, including adjusting for the difference between the health status of the enrollee and individuals enrolled under the original Medicare fee-for-service program under Medicare parts A (Hospital Insurance) and part B (Supplementary Medical Insurance). Requires payments to such organizations, in the aggregate, to reflect such differences. Amends SSA title XVIII part C, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) revise the formula for determination of the minimum annual Medicare+Choice (Medicare Advantage) capitation rate for 2005 and subsequent years (making it the same as the minimum rate for 2004); and (2) eliminate the Medicare Advantage (MA) Regional Plan Stabilization Fund. Repeals the Comparative Cost Adjustment Program. Amends SSA title XVIII, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to require the Secretary to ensure that each individual eligible for such program has available a choice of enrollment in at least two prescription drug plans (currently, at least two qualifying plans, which may be a prescription drug plan or a specified Medicare Advantage-Prescription Drug (MA-PD) plan).
United States · United States Congress · 7 April 2004
Border Infrastructure and Technology Integration Act of 2004 - Directs the Under Secretary of Homeland Security for Border and Transportation Security (the Under Secretary) to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Bureau of Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico (border area). Authorizes the Secretary of Homeland Security (the Secretary) to provide specified funds to field offices to develop innovative techniques and technologies to carry out their duties. Directs the Under Secretary of Homeland Security for Science and Technology to: (1) develop pilot programs to utilize, or increase the utilization of, aerial and ground surveillance technologies to enhance U.S. border security; and (2) work with Federal, State, local, and tribal agencies on law enforcement, emergency response, or security related responsibilities for the border area. Requires the Secretary, acting through the Under Secretary, to develop and implement a plan to improve communications systems and enhance information sharing. Directs the Secretary and the Secretary of Health and Human Services to execute a memorandum of understanding establishing a system to: (1) monitor hospitals along the border area for signs of potential health threats or bioterror attacks; and (2) ensure cooperation and information sharing. Directs the Under Secretary to conduct a review of the Science and Technology Directorate's research and development needs and priorities.
United States · United States Congress · 5 April 2004
State High Risk Pool Funding Extension Act of 2004 - Amends the Public Health Service Act to reauthorize funds for States to create high risk health insurance pools and to operate existing State high risk pools. Amends the formula for appropriating funds to States to operate such pools to give one-half of the funds to eligible States equally and apportion the other half based on the number of uninsured individuals in each State and the number of enrollees in the State's qualified high risk pool. (Currently, all funds are allotted based solely on the number of uninsured individuals in the State.) Authorizes appropriations for the program through FY 2009.
United States · United States Congress · 1 April 2004
Children's Vaccine Access Act of 2004 - Amends title XIX (Medicaid) of the Social Security Act to: (1) expand the pediatric vaccine distribution program to include coverage for children administered a vaccine at a public health clinic (including an Indian health clinic); (2) repeal the price cap for pre-1993 vaccines; and (3) authorize the Secretary to sell the stockpiled vaccines to public health departments or back to manufacturers as the Secretary determines appropriate. Requires proceeds received from such sales to be available to the Secretary only for the purpose of procuring pediatric vaccines stockpiles and to remain available until expended.
United States · United States Congress · 31 March 2004
Directs the President to establish separate campaign medals to recognize service by members of the armed forces in Operation Enduring Freedom or Operation Iraqi Freedom.
United States · United States Congress · 31 March 2004
Women's Business Center Safeguard Act - Amends the Small Business Act with respect to the women's business centers program to provide Small Business Administration funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 54 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects.
United States · United States Congress · 25 March 2004
Drug Discount Card Improvement 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 require negotiated prices to reflect at least 90 percent of all (currently, take into account) negotiated price concessions for beneficiaries under the new Medicare prescription drug discount card and transitional assistance program.
United States · United States Congress · 25 March 2004
Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system. Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act. Requires an ERO to file with FERC for approval of any proposed rule or rule change. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region. Declares this Act inapplicable to Alaska or Hawaii.
United States · United States Congress · 25 March 2004
Recognizes the extraordinary contributions resulting from the Hubble Space Telescope to scientific research and education. Recommends that the Administrator of the National Aeronautics and Space Administration (NASA) appoint an independent panel of expert scientists and engineers inside and outside of NASA to examine all possible options for safely carrying out the planned servicing mission to the Hubble Space Telescope. Expresses the strong sentiment of the House of Representatives that NASA should continue all planning, preparation, and astronaut training activities for the SM-4 servicing mission without interruption until: (1) the expert panel issues its report; and (2) NASA provides a timetable of compliance with a recommendation of the Columbia Accident Investigation Board report which calls for a fully autonomous capability for all missions, since such compliance will allow both a Hubble servicing mission and missions to the International Space Station to be carried out safely.
United States · United States Congress · 12 March 2004
Campus Care and Counseling Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make competitive grants to institutions of higher education for providing and expanding campus mental and behavioral health services for students.
United States · United States Congress · 12 March 2004
Recognizes J. Robert Oppenheimer's service to the United States and his outstanding contributions to theoretical physics, the Los Alamos National Laboratory, the development of nuclear energy, and the defense and security of the United States. Calls on the Secretary of Energy to observe the 100th anniversary of the birth of J. Robert Oppenheimer with appropriate ceremonies, activities, or programs at the Department of Energy and the Los Alamos National Laboratory.
United States · United States Congress · 11 March 2004
Declares that the Senate: (1) expresses the outrage and shock of the people of the United States over the terrorist attacks that occurred in and around Madrid, Spain on March 11, 2004; (2) joins with President Bush in expressing its deepest condolences and pledges to remain shoulder to shoulder with the people of Spain in the war on terrorism; (3) expresses its strong solidarity with the people of Spain during their difficult hour, and its deep condolences to the families of the victims of these despicable terrorist attacks; (4) calls on all nations to join with the United States in condemning the monstrous attacks on the innocent people of Spain and in attempting to identify the perpetrators of the attacks and bring them to account; (5) expresses its readiness to consult with representatives of King Juan Carlos, President Jose Maria Aznar, the Spanish government, the Spanish Cortes, and other public authorities about joint efforts to combat terrorism more effectively; (6) commends the United States Embassy in Madrid for its prompt offers of assistance to the Government of Spain, and for its efforts to determine the welfare and whereabouts of United States citizens who may have been affected by the terrorist attacks; and (7) urges the executive branch to continue to provide all possible assistance to Spain in order to identify and bring to account the perpetrators of the terrorist attacks that occurred on March 11, 2004, in Madrid and of other terrorist attacks against the people of Spain.
United States · United States Congress · 9 March 2004
Early Attention to Nutrition (EATN) Act of 2004 - Amends the Child Nutrition Act of 1966 to establish multidisciplinary team nutrition networks, through grants to State education agencies and national activities, to promote the nutritional health of school children.
United States · United States Congress · 9 March 2004
SBA Emergency Authorization Extension Act of 2004 - Extends through: (1) May 15 (currently March 15), 2004, any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act or the Small Business Investment Act of 1958 as of September 30, 2003; and (2) FY 2004 the Small Business Administration (SBA) guaranteed loan programs authorized under such Acts. Amends the Small Business Act with respect to the women's business centers program to provide SBA funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 48 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects. Amends the SBA loan guarantee program to authorize a small business to combine an SBA-guaranteed loan with a loan not guaranteed by a Federal, State, or local government. Allows the nonguaranteed loan to be made by: (1) the lender that provided the financing under the guaranteed loan or a different lender; or (2) a lender in the Preferred Lenders Program. Requires the lender to pay a fee with respect to the nonguaranteed portion of a combination loan. Provides maximum amounts of the nonguaranteed loan when processed either under the Preferred Lenders Program or by SBA staff. Terminates, until the end of FY 2004, the authority of lenders to retain loan guarantee fees collected with respect to SBA-guaranteed loans. Directs the SBA to: (1) eliminate certain loan program shutdowns or restrictions imposed by policy notices (thereby allowing for the processing and approval of previous loan applications that were not considered or approved due to a shutdown or restriction); and (2) give priority to the processing of such loans. Requires all combination loan fee proceeds to be used only to administer such loans. Authorizes the resubmission of certain small business disaster loan applications submitted before January 1, 2003, in response to the events associated with SBA Disaster Declaration 3364 with respect to areas of New York City and Westchester County, New York.
United States · United States Congress · 8 March 2004
Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 8 March 2004
High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems; and (2) development of potential advancements in high-end computing system architecture and software. Requires such program to include establishment of at least one High-End Software Development Center.
United States · United States Congress · 8 March 2004
Youth Suicide Early Intervention and Prevention Expansion Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants or cooperative agreements to eligible entities that: (1) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (2) collect and analyze data on statewide youth suicide early intervention and prevention services to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (3) assist States in achieving their targets for youth suicide reductions. Provides for preferential treatment in the award of grants for entities that engage in certain specified activities. Requires the Secretary to: (1) award technical assistance grants and cooperative agreements to State agencies to conduct assessments of the development of such intervention and prevention strategies; (2) conduct research and development on the efficacy of new and existing youth suicide early intervention techniques and technology; (3) promote the sharing of this research and development with relevant Federal and State agencies and statewide entities for the purpose of applying and integrating new techniques and technology into existing intervention systems; (4) collaborate with specified agencies, organizations, and individuals to carry out this Act; and (5) conduct an evaluation of the effectiveness of the activities conducted under this Act.
United States · United States Congress · 4 March 2004
States that the Senate: (1) condemns the detention of Father Thaddeus Nguyen Van Ly by the Government of the Socialist Republic of Vietnam and calls for his immediate and unconditional release; (2) condemns the violations of freedom of speech, religion, movement, association, and the lack of due process afforded to individuals in Vietnam; and (3) urges the Government of Vietnam to consider the implications of its actions for the broader relationship with the United States, including the United States-Vietnam Bilateral Trade Agreement. Expresses the sense of the Senate that the United States should: (1) make the immediate release of Father Ly a top concern; (2) reiterate its deep concern regarding the violation of Father Ly's and other prisoners' human rights; and (3) make it clear to the Government of Vietnam that the religious or political detention and human rights violations of Father Ly and other persons create obstacles to improved bilateral relations with the United States.
United States · United States Congress · 2 March 2004
Amends the Public Health Service Act to: (1) allow pancreases procured for use in islet cell transplantation or research to be counted for certification purposes for qualified organ procurement organization grants; and (2) require the Diabetes Mellitus Interagency Coordinating Committee to include in its annual report an assessment of the Federal activities and programs related to pancreatic islet cell transplantation.
United States · United States Congress · 2 March 2004
Trade Adjustment Assistance Equity for Service Workers Act of 2004 - Amends the Trade Act of 1974 to extend trade adjustment assistance (TAA) to workers in a service sector firm or its subdivision or public agency. Revises group eligibility requirements for TAA to include: (1) a shift, by a public agency to a foreign country in provision of services, like or directly competitive with services which are provided by the workers' firm, subdivision, or public agency; and (2) the situation where the workers' firm, subdivision, or public agency obtains or is likely to obtain such services from a foreign country. Requires the Secretary of Labor to certify as eligible to apply for TAA any adversely affected secondary workers in a service sector firm or its subdivision or public agency. Specifies criteria for determination of the existence of increased imports of like or directly competitive articles or services. Increases from $220 million to $440 million the amount of fiscal year payments for training of adversely affected workers under the Act. Authorizes the Secretary to provide technical assistance for the establishment of industrywide programs for new service development. Modifies the trade monitoring system to include imports of services.
United States · United States Congress · 25 February 2004
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to prohibit the operation of the Medicare comparative cost adjustment program in New Mexico.
United States · United States Congress · 23 February 2004
Expresses the sense of Congress that negotiations on access to critical segments of the U.S. automobile market should not take place on a piecemeal basis, but only as part of: (1) negotiations that include all major automobile producing nations; and (2) comprehensive negotiations that address both tariff and nontariff barriers specific to the automobile industry, with progress on eliminating tariff barriers explicitly linked to concrete progress on eliminating nontariff barriers.
United States · United States Congress · 12 February 2004
Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004 - Amends the Civil Rights Act of 1964, the Education Amendments of 1972, and the Age Discrimination Act of 1975 to set forth requirements for: (1) establishing discrimination based on disparate impact; and (2) rights of action and recovery for unlawful discrimination (intentional or based on disparate impact) and harassment. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994, the Age Discrimination in Employment Act of 1967, and the Fair Labor Standards Act of 1938 (FLSA) to provide that a State's receipt or use of Federal financial assistance for a State program or activity shall constitute a waiver of sovereign immunity to a suit under such Acts by a program employee. Amends the Air Carrier Access Act of 1986 to authorize civil actions in Federal court for discrimination based on disability. Settlement Encouragement and Fairness Act - Modifies the definition of "prevailing party" for purposes of provisions governing the recovery of attorney's fees to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought. Preservation of Civil Rights Protections Act of 2004 - Makes arbitration clauses in employment contracts unenforceable, with exceptions. Authorizes recovery of expert fees by prevailing parties in civil rights actions. Equal Remedies Act of 2004 - Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment. Paycheck Fairness in Employment - Amends FLSA to revise provisions governing discrimination in the payment of wages, including equal pay requirements. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace. Amends the Immigration and Nationality Act to prohibit denying back-pay or other monetary relief for unlawful employment practices against undocumented immigrant workers.
United States · United States Congress · 12 February 2004
Jobs for America Act of 2004 - Amends the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs. Revises the definition of mass layoff to mean a reduction in force which is not the result of a plant closing and results in an employment loss at the single site of employment for a 30-day period for at least 50 employees. Defines offshoring of jobs as any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees. Revises notice requirements. Sets forth requirements for notices for offshoring of jobs. Establishes requirements for posting of notice of rights by employers and for contents of annual reports by the Secretary of Labor.
United States · United States Congress · 12 February 2004
Congressional Access to the CMS Chief Actuary Act of 2004 - Amends title XI of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to require the Chief Actuary in exercising the duties of his or her office to provide the committees of jurisdiction of Congress with independent counsel and technical assistance with respect to the programs under SSA titles XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance). Authorizes the Chief Actuary to provide Congress directly with reports, comments on, and estimates of, the financial effects of potential legislation, and other actuarial information related to such programs. Prohibits any officer or agency of the United States from requiring the Chief Actuary to submit such reports, comments, estimates, or other information to any U.S. officer or agency for approval, comments, or review before submitting them to Congress.
United States · United States Congress · 28 January 2004
Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.) Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004). Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.
United States · United States Congress · 22 January 2004
Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.
United States · United States Congress · 21 January 2004
Electricity Needs Rules and Oversight Now (ENRON) Act - Amends the Federal Power Act to declare unlawful the use in contravention of Federal Energy Regulatory Commission (FERC) regulations of any manipulative or deceptive device or contrivance in connection with the purchase or sale of electric energy or the purchase or sale of transmission services subject to FERC jurisdiction, including rates and charges that result from such manipulative or deceptive device or contrivance.
United States · United States Congress · 20 January 2004
Emergency Unemployment Compensation Amendments of 2004 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to extend the TEUC program through weeks of unemployment ending before June 30, 2004. Terminates individual payments for weeks beginning after September 30, 2004. Revises trigger requirements for determining high-unemployment States (TEUC-X), where individuals are eligible to receive additional weeks of program payments. Provides for temporary State authority to waive application of certain look-back provisions under the Federal-State Extended Unemployment Compensation Act of 1970.
United States · United States Congress · 9 December 2003
Essential Air Service Preservation Act of 2003 - Repeals provisions establishing the Essential Air Service local participation program (a pilot program under which designated essential air service communities are required to assume ten percent of their essential air service subsidy costs).
United States · United States Congress · 9 December 2003
United States-Cuba Trademark Protection Act of 2003 - Requires the President to direct the Secretary of State to obtain assurances that the Republic of Cuba will: (1) adhere to specified international agreements for the protection of intellectual property; (2) implement the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks; and (3) subscribe to dispute resolution procedures approved by the Internet Corporation for Assigned Names and Numbers. Repeals provisions of the Department of Commerce and Related Agencies Appropriations Act, 1999 prohibiting certain transactions, payments, or U.S. court recognition with respect to confiscated marks, trade names, or commercial names. Requires the Director of the Patent and Trademark Office to establish an electronic and publicly accessible registry of U.S. trademarks and well-known marks in Cuba. Amends the Cuban Assets Control Regulations to authorize: (1) specified transactions and proceedings regarding blocked foreign domain and trade names by any person who is not a designated national; (2) the transfer or receipt of any trademark, trade name, or domain name subject to U.S. law in which a designated national has an interest, as well as related proceedings; and (3) the payment of fees to foreign governments for research with respect to blocked foreign trademarks, trade names, and domain names, and related enforcement. Makes conforming amendments to the Trademark Act of 1946. Gives U.S. courts authority to validate any assertion by a designated national of rights in any mark or trade name based on common law rights or registration under specified provisions of the Trademark Act.
United States · United States Congress · 9 December 2003
Defense of Medicare and Real Medicare Prescription Drug Benefit Act - Directs the Secretary of Health and Human Services, in applying risk adjustment factors in a budget neutral manner to payment to Medicare+Choice organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA), to assure that such factors, in the aggregate, take into account the actuarial characteristics of the entire Medicare population, and not merely the population of individuals enrolled under a Medicare+Choice plan. Requires the Secretary to provide for adjustment of payment rates to such organizations so that they reflect only the payment rate relating to 100 percent fee-for-service payment. Eliminates the Medicare Advantage (MA) Regional Plan Stabilization Fund established under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Repeals cost containment provisions of such Act. Amends SSA title XVIII (Medicare), as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) provide for phased-in elimination of the coverage gap; (2) eliminate discriminatory treatment of employer plans; (3) allow Medicaid wrap-around for dual-eligibles (persons eligible for Medicare and full Medicaid benefits, including drugs); (4) eliminate the assets test; and (5) eliminate Medicare Advantage Prescription Drug (MA-PD) plans from the meaning of qualifying prescription drug plans (PDPs) with respect to the choice of a minimum of two qualifying plans a SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) eligible individual shall be allowed to choose between. Prohibits any formulary from being established or applied under the new Medicare prescription drug program under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) unless the classes and categories used under it are specified by the Secretary. Allows certain Medigap Rx policies that provide wrap-around prescription drug coverage to be sold, issued, and renewed. Directs the Secretary to provide for appropriate adjustments in payments to PDP sponsors under SSA title XVIII part D, and to MA organizations offering MA-PD plans under SSA title XVIII part C, to assure that premiums of part D eligible individuals under PDPs and under MA-PD plans are not increased as a result of this Act. Phases out the phased-down State contribution with respect to the Federal phase-in of the costs of premiums and cost-sharing subsidies for dual eligibles. Amends the Federal Food, Drug, and Cosmetic Act, as amended by the Medicine Equity and Drug Safety Act of 2000, to: (1) direct the Secretary to promulgate regulations permitting pharmacists and wholesalers to import Health Canada-approved prescription drugs from Canada; and (2) exclude an infused or intravenously injected drug, or a drug that is inhaled during surgery. Requires that a Canadian exporter: (1) register with the Secretary its name and place of business (including the place of business of each warehouse and establishment); (2) export only prescription drugs that have been approved by Health Canada and meet all requirements of Canadian law; (3) permit inspections by the Secretary (including inspections of all records, especially financial records) of each warehouse and establishment of the Canadian exporter; and (4) pay an inspection fee to the Secretary on a semiannual basis not to exceed five percent of the total price of prescription drugs exported by the Canadian exporter to the United States under the regulations (which fees the Secretary shall use solely to inspect the warehouses and establishments of Canadian exporters and to monitor imports of prescription drugs at ports of entry). Requires that each prescription drug imported under the regulations be imported directly from a Canadian exporter through a limited number of ports of entry (at which the Secretary shall monitor such imports). Prohibits discrimination in the sale of prescription drugs by manufacturers to pharmacists, wholesalers, or Canadian exporters, requiring: (1) terms as favorable as those provided to foreign purchasers; and (2) full access to drugs permitted to be imported. Continues the requirement that exported donated prescription drugs may only be reimported by the manufacturer. Permits the Secretary to waive the prohibition against importing a prescription drug or device on a case-by-case basis, particularly those from Canada that are FDA-approved and for personal use, not resale. Amends SSA title XVIII, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to give the Secretary the authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered Medicare part D drugs in order to ensure that beneficiaries enrolled under PDPs and MA-PD plans pay the lowest possible price. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to repeal the authorization and tax deduction under the Internal Revenue Code for Health Savings Accounts.
United States · United States Congress · 9 December 2003
Medicare Prescription Drug Price Reduction Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title IV of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to give the Secretary of Health and Human Services authority to negotiate prices in contracts with manufacturers of covered Medicare part D drugs.
United States · United States Congress · 25 November 2003
United States-Mexico Transboundary Aquifer Assessment Act - Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives: (1) to develop and implement an integrated scientific approach to assess transboundary groundwater resources, including identifying fresh and saline aquifers, prioritizing the aquifers for further analysis, and creating a geographic information system database to characterize the spatial and temporal aspects of each priority aquifer; (2) to expand existing agreements between the United States Geological Survey, the Border States, the Water Resources Research Institutes and appropriate authorities in the United States and Mexico to conduct joint scientific investigations, archive and share relevant data, and carry out other activities; and (3) to produce scientific products for each priority aquifer to provide water managers and natural resource agencies with the information needed to effectively accomplish their missions. Designates the Hueco Bolson and Mesilla aquifers as priority transboundary aquifers. Requires the Secretary of the Interior to develop partnerships with, and receive input from, relevant organizations in Mexico and to coordinate program activities with appropriate water resource agencies in the Border States and any affected Indian tribes. Prohibits the Secretary from initiating any field studies before consulting and coordinating with the Border State water resource agency with jurisdiction over the aquifer.
United States · United States Congress · 25 November 2003
Children's Health Equity Technical Amendments Act of 2003 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to permit qualifying States to use a portion of their SCHIP allotment for any fiscal year for certain Medicaid expenditures.
United States · United States Congress · 25 November 2003
Directs the Secretary of Defense to report to Congress on the status of each detainee held at Guantanamo Bay, Cuba, including whether or not: (1) the process utilized to determine the status of the detainee complies with international law and U.S. law; and (2) the U.S. Government intends to charge or release the detainee.
United States · United States Congress · 25 November 2003
Expresses the sense of the Senate that: (1) the Secretary of Defense should reconsider the mandatory nature of the anthrax and smallpox vaccine immunization program pending the development of new and better vaccines that are under development; (2) the Secretary and Board for Correction of Military Records should reconsider adverse actions already taken or intended to be taken against servicemembers for refusing to accept the anthrax or smallpox vaccine; (3) the Secretary of Defense and the intelligence community should reevaluate the threat of anthrax and smallpox attacks on troops in Afghanistan and Iraq; and (4) the Secretary of Veterans Affairs should assess those adverse events being reported with respect to the anthrax and smallpox vaccines, research causal relationships, and estimate a future cost to the Department to treat these conditions.
United States · United States Congress · 24 November 2003
Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible permanent resident alien and family members to temporarily return (two years with extension) to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities. States that such time abroad shall be considered as U.S. physical and continuous residency for naturalization purposes.
United States · United States Congress · 24 November 2003
Tax Shelter Transparency and Enforcement Act - Amends the Internal Revenue Code to revise provisions concerning tax shelters, including to: (1) set forth rules for use in applying the economic substance doctrine, including defining economic substance; (2) impose penalties on individuals who fail to include on any return or statement required information regarding reportable transactions; (3) impose a penalty of 40 percent (20 percent, if there has been adequate disclosure) of the understatement for a noneconomic substance transaction understatement; (4) direct a material advisor, with respect to any reportable transaction, to make a return describing the transaction, its potential tax benefits, and other information prescribed by the Secretary; (5) penalize an individual for making a statement with respect to certain tax statements (deductions, credits, and etc.) that an individual knows is false or fraudulent as to any material matter at the rate of 50 percent of the gross income derived from such activity; (6) authorize appropriations for the purpose of carrying out tax law enforcement to combat tax avoidance transactions and other tax shelters, including the use of offshore financial accounts to conceal taxable income; (7) permit the Secretary of the Treasury, in prescribing regulations governing the tax liability of an affiliated group of corporations making a consolidated return, to prescribe rules applicable to corporations filing consolidated returns that are different from other provisions concerning consolidated returns that would apply if such corporations filed separate returns; (8) require corporate tax returns to include a declaration by the chief executive officer (CEO), under penalty of perjury, that the return complies with the Internal Revenue Code and that the CEO was provided reasonable assurance of the accuracy of all material aspects of the return; (9) limit the basis of certain corporate property acquired by the issuance of stock or as paid-in surplus and for which there is the importation of net built-in loss to the property's fair market value immediately after the transfer of such property; and (10) repeal part V (Financial Asset Securitization Investment Trusts) of subchapter M (Regulated Investment Companies and Real Estate Investment Trusts).
United States · United States Congress · 24 November 2003
Independent Iraq Intelligence Commission Act - Establishes the National Commission on Iraq Intelligence to examine and evaluate the performance of the U.S. intelligence community with respect to the collection of intelligence, and the quality of intelligence obtained, on the weapons of mass destruction and related delivery systems capabilities of Iraq during the period from 1998 until the conclusion of military operations against Iraq under Operation Iraqi Freedom, as well as related intelligence matters with respect to Iraq. Directs the Commission to also conduct an investigation into the relevant facts and circumstances relating to the collection, analysis, reporting, use, and dissemination by the U.S. intelligence community, and others in the executive branch of intelligence, relating to Iraq and Operation Iraqi Freedom.
United States · United States Congress · 24 November 2003
Bipartisan Patient Protection Act - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) with respect to health care coverage. Provides for patient protection and quality care standards for individual and group health plans under PHSA and ERISA. Applies such standards, as well, to: (1) all Federal health care programs, as defined under the Social Security Act; and (2) the Federal employee health benefits program. Requires group health plans and health insurance issuers providing health insurance coverage to have approved utilization review programs, claims procedures, and appeal procedures concerning claims denials. Sets forth provisions concerning group health plans and health insurers and the provision of certain advice and care, including: (1) emergency care; (2) obstetric and gynecological care; (3) specialists care; (4) prescription drugs; (5) participation in approved clinical trials; and (6) health plan information. Restricts interference by health plans and insurers with the doctor-patient relationship. Prohibits health plans and insurers from discriminating against a licensed health care professional with respect to participation or indemnification. Sets forth limitations on certain class action litigation and other actions. Makes certain civil remedies available. Declares that courts should consider the loss of a nonwage earning spouse or parent as an economic loss to be fully compensated in certain ERISA cases. Expresses the sense of the Senate that: (1) men and women battling life-threatening, deadly diseases, including advanced breast or ovarian cancer, should have the opportunity to participate in a federally approved or funded clinical trial; (2) a child battling a rare cancer should be allowed to go to a cancer center capable of providing high quality care for that disease; and (3) every patient who is denied care by a health maintenance organization or other health insurance company should have a fair, speedy, and impartial appeal to a review organization that has not been selected by the health plan.
United States · United States Congress · 23 November 2003
Intercountry Adoption Reform Act of 2003 or ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State (DOS). Requires the President to appoint an Ambassador at Large to head the Office. Transfers to the Office all immigration functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS). Amends the Immigration and Nationality Act to grant automatic U.S. citizenship to internationally adopted children upon entry of a full and final adoption decree (thus dispensing with the need for such children to obtain visas). Creates a new W nonimmigrant visa category for children traveling to the United States to be adopted by U.S. citizens. Allows adopted children age 18 or under to claim an exception to immunization requirements for purposes of admissibility (currently limited to those age 10 or under). Redefines the term "adoptable child." Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a W visa or a full and final adoption decree. Provides that such petitions are subject to the terms applicable to orphan petitions. Directs the Ambassador to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials. Requires the Office to determine whether a child is an adoptable child, pursuant to specified procedures, as a prerequisite to the issuance of a W visa or a full and final adoption decree.
United States · United States Congress · 21 November 2003
Support Our Health Care Providers Act of 2003 - Amends title XVIII (Medicare) the Social Security Act (SSA) with respect to services in rural areas, inpatient hospital services, physician services, preventive services, certain demonstrations and studies, home health services, graduate medical education (GME), chronic care improvement, regulatory and contracting reform, education and outreach, appeals and recovery, as well as specified aspects of the Medicaid program under title XIX. (S. 1926 is identical, except with respect to any provider cuts or premium increases, to titles IV through VII of the conference report of H.R. 1, the Medicare Prescription Drug and Modernization Act of 2003, which became Public Law 108-173 on December 8, 2003. It excludes titles I (Medicare Prescription Drug Benefit), II (Medicare Advantage), III (Combatting Waste, Fraud, and Abuse), XI (Access to Affordable Pharmaceuticals), and XII (Tax Incentives for Health and Retirement Security) of the conference report of H.R. 1.)
United States · United States Congress · 21 November 2003
Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 20 November 2003
Directs the Secretary of Health and Human and Human Services to establish a National Commission on Digestive Diseases, which shall: (1) study the incidence, duration, and mortality rates of digestive diseases, as well as their social and economic impacts; (2) evaluate public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of such diseases; (3) identify related disease management programs (including biological, behavioral, nutritional, environmental, and social programs); and (4) develop a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. Terminates the Commission 30 days after submission of its final report.
![Official portrait of Sen. Bingaman, Jeff [D-NM]](https://www.congress.gov/img/member/b000468_200.jpg)