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108hr4612ih | (2) Establishment of uniform standard for internet pharmacy certification
(A) In general
The Secretary, acting through the Commissioner of the Food and Drug Administration, shall establish a program under which all Internet pharmacies operating in the United States are certified by the Secretary as meeting the requirements of this section for certification. |
108hr4612ih | (B) Conditions for certification
As a condition of certifying an Internet pharmacy under subparagraph (A), the Secretary shall require the following with respect to such pharmacy: (i) Verification that, in each State in which the pharmacy engages in pharmaceutical activities, the pharmacy, and all the employees and agents of the pharmacy, are in compliance with applicable laws regarding— (I) the practice of pharmacy, including licensing laws and inspection requirements; and (II) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping such substances to consumers. |
108hr4612ih | (ii) Verification of controls to ensure that a prescription drug or restricted device is dispensed by the pharmacy only pursuant to a valid prescription, including circumstance in which the drug is shipped or mailed from a country under whose laws the drug is not a prescription drug. (iii) An agreement by the pharmacy that, upon certification under subparagraph (A), the facilities and business practices of the pharmacy will be subject to inspection by the Secretary to the extent appropriate to determine whether the pharmacy is in compliance with conditions under this subsection. |
108hr4612ih | (iv) The prominent display of contact information for the pharmacy, including a telephone number, an electronic mail address, a mailing address, and (if different from the mailing address) the address for the physical location of the principal place of business of the pharmacy. (v) The prominent display of complete and accurate information concerning the ownership and management of the pharmacy, including addresses and contact information. (vi) The prominent display of the seal provided for under subparagraph (C). (vii) The prominent display of a statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. |
108hr4612ih | (viii) A certification from the person who owns or manages the pharmacy that a certification under subparagraph (A) for the pharmacy has not previously been terminated by the Secretary, and that no other Internet pharmacy owned or managed by such person has received a certification under subparagraph (A) that has been terminated by the Secretary. (ix) Meaningful and accessible opportunities for a consumer to consult with a licensed pharmacist regarding a drug prior to the time at which the pharmacy dispenses the drug to the consumer. (x) Controls to ensure that the Internet pharmacy provides for authentication and security of prescription orders. |
108hr4612ih | (xi) Effective, accessible systems for communication with consumers, including systems for consumer reporting of adverse drug reactions and errors, systems by which consumers can effectively track and report problems with unfulfilled orders, systems for the investigation and redress of consumer complaints, and systems facilitating effective communication between the pharmacy and consumers concerning drug recalls. (xii) Controls to ensure the protection of patient privacy and confidentiality, including but not limited to the prevention of unauthorized internal and external use of personally-identifiable patient information. (xiii) Adherence to a quality assurance policy meeting standards established by the Secretary. |
108hr4612ih | (xiv) An agreement by the pharmacy that the pharmacy will notify the Secretary within 10 days concerning any change in information submitted under this subsection as a condition of certification under subparagraph (A). (xv) Such additional criteria as the Secretary determines, after notice and opportunity for comment, to be appropriate for the sound operation of certified pharmacies or the protection of consumers. (C) Seal
The Secretary shall provide for a seal that Internet pharmacies certified under subparagraph (A) are required to display for purposes of indicating to the public the fact of such certification. |
108hr4612ih | (D) Annual application; duration of certification
(i) In general
The Secretary may certify an Internet pharmacy under subparagraph (A) only if the pharmacy submits to the Secretary an application for such certification that demonstrates compliance with the conditions under subparagraph (B) and is in such form, and is made in such manner, as the Secretary may require. The Secretary shall establish an application form for purposes of the preceding sentence, including an electronic application form. |
108hr4612ih | (ii) Duration of certification; renewal
(I) In general
A certification under subparagraph (A) is effective for the two-year period beginning on the date on which the application under clause (i) for such certification is approved by the Secretary. The Secretary may renew the certification, pursuant to the submission of an additional application under clause (i), and the number of renewals of the certification is not limited. The Secretary may establish an abbreviated process for such renewal applications. |
108hr4612ih | (II) Renewal evaluation
Before renewing a certification under subparagraph (A), the Secretary shall conduct an evaluation to determine whether the pharmacy involved is in compliance with the conditions under subparagraph (B). The evaluation, at the Secretary's discretion and as applicable, may include testing of the Internet site of the pharmacy or other systems through which the pharmacy communicates with consumers, and may include physical inspection of the records and premises of the pharmacy pursuant to subparagraph (B). (iii) Fees
The Secretary may impose a fee on the submission of an application under subparagraph (D). |
108hr4612ih | Any such fee is due upon the submission of the application. To the extent provided in appropriations Acts, such fees are available to the Secretary for carrying out this section. (iv) Information campaign
The Secretary shall carry out activities to inform the public of the program under subparagraph (A), including information on the significance of the seal under subparagraph (C) when displayed by an Internet pharmacy, and including information on the benefits of doing business with a pharmacy certified under subparagraph (A) as compared to an illegal Internet pharmacy. |
108hr4612ih | (v) Termination of certification
The Secretary, upon the own initiative of the Secretary or a petition by an interested person, may terminate a certification under subparagraph (A), after notice to the Internet pharmacy involved and an opportunity for a hearing, after a finding by the Secretary that an Internet Pharmacy is not in compliance with the provisions of this section, or has made an untrue statement of material fact in its certification application; or is in violation of any applicable federal statute or regulation related to the sale and distribution of a pharmacy product. |
108hr4612ih | (3) Deeming authority
The Secretary may provide that an Internet pharmacy is deemed to meet the requirements of this section if the Internet pharmacy is certified by the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites program. (4) Interstate commerce
For purposes of this section, Internet pharmacies are deemed to operate in interstate commerce. |
108hr4612ih | (b) Prohibition on certain advertising activities by Internet pharmacies
(1) Sales without prescription
It is a violation of this section for an Internet pharmacy to represent, by advertisement, sales presentation, direct communication (including telephone, facsimile, or electronic mail), or otherwise, that prescription drugs may be obtained from the Internet pharmacy without a prescription. (2) Advertisements from illegal pharmacies
It is a violation of this section for provider of an interactive computer service to accept advertisement from or provide links to any illegal Internet pharmacy. |
108hr4612ih | An interactive computer service will be deemed in compliance with this section if the pharmacy has obtained a copy of the certification issued to the Internet pharmacy under this section. (c) Definitions
For purposes of this section: (1) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by this section. |
108hr4612ih | (2) The term Internet means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (3) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is the United States or in another country. |
108hr4612ih | (4) The term link, with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command— (A) to move from viewing one portion of a page on such site to another portion of the page; (B) to move from viewing one page on such site to another page on such site; or (C) to move from viewing a page on one Internet site to a page on another Internet site. |
108hr4612ih | (5) The term page, with respect to the Internet, means a document or other file accessed at an Internet site. (6) The term prescription drug means a drug that is subject to section 503(b)(1). (7) The terms site and address, with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers, including any successor protocol for determining a specific location on the Internet.. (b) Prohibited acts
Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. |
108hr4612ih | 331 ) is amended by inserting after paragraph (k) the following: (l) The sale or offer for sale of a prescription drug or restricted device, or the ownership or operation of an illegal Internet pharmacy, in violation of section 503B.. 503B. |
108hr4612ih | Internet sales of prescription drugs
(a) Uniform certification standard for internet pharmacies
(1) In general
(A) Prohibitions
Subject to subparagraph (B), it is a violation of this section— (i) for any person to sell or offer for sale a prescription drug or a restricted device through an Internet site— (I) if the Internet site fails to meet the standards established under paragraph (2); or (II) if the Internet site fails to comply with all State and Federal regulations for operating as an Internet pharmacy; and (ii) for any person to own or operate an illegal Internet pharmacy. |
108hr4612ih | (B) Exception
Any person who sells or offers to sell a prescription drug or restricted device through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy meets the certification standards adopted by the Secretary under paragraph (2). |
108hr4612ih | (2) Establishment of uniform standard for internet pharmacy certification
(A) In general
The Secretary, acting through the Commissioner of the Food and Drug Administration, shall establish a program under which all Internet pharmacies operating in the United States are certified by the Secretary as meeting the requirements of this section for certification. |
108hr4612ih | (B) Conditions for certification
As a condition of certifying an Internet pharmacy under subparagraph (A), the Secretary shall require the following with respect to such pharmacy: (i) Verification that, in each State in which the pharmacy engages in pharmaceutical activities, the pharmacy, and all the employees and agents of the pharmacy, are in compliance with applicable laws regarding— (I) the practice of pharmacy, including licensing laws and inspection requirements; and (II) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping such substances to consumers. |
108hr4612ih | (ii) Verification of controls to ensure that a prescription drug or restricted device is dispensed by the pharmacy only pursuant to a valid prescription, including circumstance in which the drug is shipped or mailed from a country under whose laws the drug is not a prescription drug. (iii) An agreement by the pharmacy that, upon certification under subparagraph (A), the facilities and business practices of the pharmacy will be subject to inspection by the Secretary to the extent appropriate to determine whether the pharmacy is in compliance with conditions under this subsection. |
108hr4612ih | (iv) The prominent display of contact information for the pharmacy, including a telephone number, an electronic mail address, a mailing address, and (if different from the mailing address) the address for the physical location of the principal place of business of the pharmacy. (v) The prominent display of complete and accurate information concerning the ownership and management of the pharmacy, including addresses and contact information. (vi) The prominent display of the seal provided for under subparagraph (C). (vii) The prominent display of a statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. |
108hr4612ih | (viii) A certification from the person who owns or manages the pharmacy that a certification under subparagraph (A) for the pharmacy has not previously been terminated by the Secretary, and that no other Internet pharmacy owned or managed by such person has received a certification under subparagraph (A) that has been terminated by the Secretary. (ix) Meaningful and accessible opportunities for a consumer to consult with a licensed pharmacist regarding a drug prior to the time at which the pharmacy dispenses the drug to the consumer. (x) Controls to ensure that the Internet pharmacy provides for authentication and security of prescription orders. |
108hr4612ih | (xi) Effective, accessible systems for communication with consumers, including systems for consumer reporting of adverse drug reactions and errors, systems by which consumers can effectively track and report problems with unfulfilled orders, systems for the investigation and redress of consumer complaints, and systems facilitating effective communication between the pharmacy and consumers concerning drug recalls. (xii) Controls to ensure the protection of patient privacy and confidentiality, including but not limited to the prevention of unauthorized internal and external use of personally-identifiable patient information. (xiii) Adherence to a quality assurance policy meeting standards established by the Secretary. |
108hr4612ih | (xiv) An agreement by the pharmacy that the pharmacy will notify the Secretary within 10 days concerning any change in information submitted under this subsection as a condition of certification under subparagraph (A). (xv) Such additional criteria as the Secretary determines, after notice and opportunity for comment, to be appropriate for the sound operation of certified pharmacies or the protection of consumers. (C) Seal
The Secretary shall provide for a seal that Internet pharmacies certified under subparagraph (A) are required to display for purposes of indicating to the public the fact of such certification. |
108hr4612ih | (D) Annual application; duration of certification
(i) In general
The Secretary may certify an Internet pharmacy under subparagraph (A) only if the pharmacy submits to the Secretary an application for such certification that demonstrates compliance with the conditions under subparagraph (B) and is in such form, and is made in such manner, as the Secretary may require. The Secretary shall establish an application form for purposes of the preceding sentence, including an electronic application form. |
108hr4612ih | (ii) Duration of certification; renewal
(I) In general
A certification under subparagraph (A) is effective for the two-year period beginning on the date on which the application under clause (i) for such certification is approved by the Secretary. The Secretary may renew the certification, pursuant to the submission of an additional application under clause (i), and the number of renewals of the certification is not limited. The Secretary may establish an abbreviated process for such renewal applications. |
108hr4612ih | (II) Renewal evaluation
Before renewing a certification under subparagraph (A), the Secretary shall conduct an evaluation to determine whether the pharmacy involved is in compliance with the conditions under subparagraph (B). The evaluation, at the Secretary's discretion and as applicable, may include testing of the Internet site of the pharmacy or other systems through which the pharmacy communicates with consumers, and may include physical inspection of the records and premises of the pharmacy pursuant to subparagraph (B). (iii) Fees
The Secretary may impose a fee on the submission of an application under subparagraph (D). |
108hr4612ih | Any such fee is due upon the submission of the application. To the extent provided in appropriations Acts, such fees are available to the Secretary for carrying out this section. (iv) Information campaign
The Secretary shall carry out activities to inform the public of the program under subparagraph (A), including information on the significance of the seal under subparagraph (C) when displayed by an Internet pharmacy, and including information on the benefits of doing business with a pharmacy certified under subparagraph (A) as compared to an illegal Internet pharmacy. |
108hr4612ih | (v) Termination of certification
The Secretary, upon the own initiative of the Secretary or a petition by an interested person, may terminate a certification under subparagraph (A), after notice to the Internet pharmacy involved and an opportunity for a hearing, after a finding by the Secretary that an Internet Pharmacy is not in compliance with the provisions of this section, or has made an untrue statement of material fact in its certification application; or is in violation of any applicable federal statute or regulation related to the sale and distribution of a pharmacy product. |
108hr4612ih | (3) Deeming authority
The Secretary may provide that an Internet pharmacy is deemed to meet the requirements of this section if the Internet pharmacy is certified by the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites program. (4) Interstate commerce
For purposes of this section, Internet pharmacies are deemed to operate in interstate commerce. |
108hr4612ih | (b) Prohibition on certain advertising activities by Internet pharmacies
(1) Sales without prescription
It is a violation of this section for an Internet pharmacy to represent, by advertisement, sales presentation, direct communication (including telephone, facsimile, or electronic mail), or otherwise, that prescription drugs may be obtained from the Internet pharmacy without a prescription. (2) Advertisements from illegal pharmacies
It is a violation of this section for provider of an interactive computer service to accept advertisement from or provide links to any illegal Internet pharmacy. |
108hr4612ih | An interactive computer service will be deemed in compliance with this section if the pharmacy has obtained a copy of the certification issued to the Internet pharmacy under this section. (c) Definitions
For purposes of this section: (1) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by this section. |
108hr4612ih | (2) The term Internet means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (3) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is the United States or in another country. |
108hr4612ih | (4) The term link, with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command— (A) to move from viewing one portion of a page on such site to another portion of the page; (B) to move from viewing one page on such site to another page on such site; or (C) to move from viewing a page on one Internet site to a page on another Internet site. |
108hr4612ih | (5) The term page, with respect to the Internet, means a document or other file accessed at an Internet site. (6) The term prescription drug means a drug that is subject to section 503(b)(1). (7) The terms site and address, with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers, including any successor protocol for determining a specific location on the Internet. 3. |
108hr4612ih | Prohibition on the use of certain bank instruments for purchases associated with illegal internet pharmacies
(a) Regulations
Before the end of the 6-month period beginning on the date of the enactment of this Act, the Federal functional regulators shall prescribe regulations requiring any designated payment system to establish policies and procedures reasonably designed to identify and prevent restricted transactions in any of the following ways: (1) The establishment of policies and procedures that— (A) allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; |
108hr4612ih | and (B) block restricted transactions identified as a result of the policies and procedures developed pursuant to subparagraph (A). (2) The establishment of policies and procedures that prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. (b) Requirements for policies and procedures
In prescribing regulations pursuant to subsection (a), the Federal functional regulators shall— (1) identify types of policies and procedures, including nonexclusive examples, which would be deemed to be reasonably designed to identify and reasonably designed to block or to prevent the acceptance of the products or services with respect to each type of transaction, such as, |
108hr4612ih | should credit card transactions be so designated, identifying transactions by a code or codes in the authorization message and denying authorization of a credit card transaction in response to an authorization message; (2) to the extent practical, permit any participant in a payment system to choose among alternative means of identifying and blocking, or otherwise preventing the acceptance of the products or services of the payment system or participant in connection with, restricted transactions; and (3) consider exempting restricted transactions from any requirement under subsection (a) if the Federal functional regulators find that it is not reasonably practical to identify and block, or otherwise prevent, such transactions. |
108hr4612ih | (c) Compliance with payment system policies and procedures
A creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, meets the requirement of subsection (a) if— (1) such person relies on and complies with the policies and procedures of a designated payment system of which it is a member or participant to— (A) identify and block restricted transactions; |
108hr4612ih | or (B) otherwise prevent the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and (2) such policies and procedures of the designated payment system comply with the requirements of regulations prescribed under subsection (a). (d) Enforcement
(1) In general
This section shall be enforced by the Federal functional regulators and the Federal Trade Commission under applicable law in the manner provided in section 505(a) of the Gramm-Leach-Bliley Act. (2) Factors to be considered
In considering any enforcement action under this subsection against any payment system, |
108hr4612ih | or any participant in a payment system that is a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, the Federal functional regulators and the Federal Trade Commission shall consider the following factors: (A) The extent to which such person is extending credit or transmitting funds knowing the transaction is in connection with illegal Internet pharmacies. |
108hr4612ih | (B) The history of such person in extending credit or transmitting funds knowing the transaction is in connection with illegal Internet pharmacies. (C) The extent to which such person has established and is maintaining policies and procedures in compliance with regulations prescribed under this paragraph. (D) The feasibility that any specific remedy prescribed can be implemented by such person without substantial deviation from normal business practice. (E) The costs and burdens the specific remedy will have on such person. |
108hr4612ih | (e) Definitions
For purposes of this section: (1) The terms credit, creditor, and credit card have the meanings given such terms in section 103 of the Truth in Lending Act. |
108hr4612ih | (2) The term designated payment system means any system utilized by any creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or any participant in such network, that the Federal functional regulators determine, by regulation or order, could be utilized in connection with, or to facilitate, any restricted transaction. |
108hr4612ih | (3) The term electronic fund transfer — (A) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (B) includes any fund transfer covered by Article 4A of the Uniform Commercial Code, as in effect in any State. (4) The term Federal functional regulator has the same meaning as in section 509(2) of the Gramm-Leach-Bliley Act. |
108hr4612ih | (5) The term financial institution — (A) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (B) includes any financial institution, as defined in section 509(3) of the Gramm-Leach-Bliley Act. (6) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by section 503B of the Federal Food, Drug, and Cosmetic Act. |
108hr4612ih | (7) The terms money transmitting business and money transmitting service have the meanings given such terms in section 5330(d) of title 31, United States Code. (8) The term restricted transaction means any transaction or transmittal to any person engaged in the operation of an illegal Internet pharmacy, of— (A) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); (B) an electronic fund transfer or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, |
108hr4612ih | from or on behalf of the other person; (C) any check, draft, or similar instrument which is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or (D) the proceeds of any other form of financial transaction as the Federal functional regulators may prescribe by regulation which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person. 4. Effective date
This Act and the amendments made by this Act are effective 6 months after the date of the enactment of this Act. |
108hr4918ih | 1. Land Conveyance, Department of Agriculture property, Bastrop, Louisiana
(a) Conveyance required
Notwithstanding any other provision of law, the Secretary of Agriculture shall convey, without consideration, to the City of Bastrop, Louisiana (in this section referred to as the City ), all right, title, and interest of the United States in and to the facility located at 4673 Eugene Ware Road, Bastrop, Louisiana, commonly known as Paradise Village Children's Home, and in and to a parcel of real property, including any improvements thereon, consisting of approximately 27 acres located in the City, |
108hr4918ih | for the purpose of permitting the City to establish and operate a regional emergency services training center for firefighters, police, and EMS personnel serving rural communities in northeast Louisiana, southern Arkansas, and western Mississippi. (b) Survey
The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. |
108hr4918ih | (c) Additional term and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. |
108hr3851ih | 1. District judgeship for the district of Hawaii
(a) Additional permanent district judgeship
The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Hawaii. (b) Technical and conforming amendment
In order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Hawaii by subsection (a), such table is amended by striking the item relating to Hawaii and inserting the following: “Hawaii 4.”. |
108hr4966ih | 1. Short Title
This Act may be cited as the Improving Electronic Voting Standards and Disclosure Act of 2004. 2. Requirements for Software Used in Electronic Voting Machines in Federal Elections
(a) In General
Section 301(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a) ) is amended by adding at the end the following new paragraph: (7) Specific requirements for software used in electronic voting machines
In addition to any other requirements under this subsection, |
108hr4966ih | a State or other jurisdiction may not use an electronic voting system in an election for Federal office unless— (A) the manufacturer of the software used in the operation of the system has provided the State with an updated copy of the software used in the operation of the system; (B) not later than 30 days before the date of the election (and at least once on the date of the election) the State tests each voting machine used in the system to ensure that the software used in the operation of the system is working correctly; |
108hr4966ih | and (C) the manufacturer of the software used in the operation of the system has provided the Commission with updated information regarding the identification of each individual who participated in the writing of the software, including specific information regarding whether the individual has ever been convicted of a crime involving fraud. (b) Deadline for Adoption of Voluntary Guidance by Commission
Section 311(b)(1) of such Act ( 42 U.S.C. |
108hr4966ih | 15501(b)(1) ) is amended by striking January 1, 2004 and inserting January 1, 2004 (or January 1, 2006, with respect to subsection (a)(7) of such section). 3. Requiring Laboratories to Meet Standards Prohibiting Conflicts of Interest as Condition of Accreditation for Testing of Voting System Hardware and Software
(a) In General
Section 231(b) of the Help America Vote Act of 2002 ( 42 U.S.C. |
108hr4966ih | 15371(b) ) is amended by adding at the end the following new paragraph: (3) Prohibiting conflicts of interest
A laboratory may not be accredited by the Commission for purposes of this section unless the laboratory meets such standards as the Commission may establish to prevent the existence or appearance of any conflict of interest in the testing, certification, decertification, and recertification carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest. |
108hr4966ih | (b) Deadline for Establishment of Standards
The Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2006. 4. Posting of Notice of Availability of Administrative Complaint Procedures in Case of Failure of Voting Machines
Section 303(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. |
108hr4966ih | 15482(b)(2) ) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) information regarding the availability of the administrative complaint procedures for individuals who believe that a voting machine or other equipment used in the election is not working properly or who otherwise believe that a State or jurisdiction is not in compliance with the requirements of this Act;. 5. |
108hr4966ih | Effective Date
Except as otherwise provided, the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2006 and each subsequent election for Federal office. |
108hr4934ih | 1. Findings
Congress finds as follows: (1) Congress supports the goals of Indian self-determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. |
108hr4934ih | (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. |
108hr4934ih | (8) The Port of Tacoma’s expansion requires the closure of the primary access road for one of the Puyallup tribe’s gaming operations. Without this access road, the Puyallup tribe’s gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. |
108hr4934ih | (9) The Puyallup tribe, as a result of the Port of Tacoma’s road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition. 2. |
108hr4934ih | Trust land acquisition
The Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT A OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550. |
108hr4934ih | 08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319. |
108hr4934ih | 3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33. |
108hr4934ih | 4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU |
108hr4934ih | 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT B OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77. |
108hr4934ih | 11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4. |
108hr4934ih | 76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108. |
108hr4934ih | 15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF |
108hr4934ih | 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38. |
108hr4934ih | 0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80. |
108hr4934ih | 6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, |
108hr4934ih | and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma. |
108hr4085ih | 1. Suspension of duty on 2-Naphthalenesulfonic acid, 7,7" - [(2-methyl-1,5-pentanediyl) bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl) imino]] bis[ 4-hydroxy-3-[(4-methoxy sulfophenyl) azo]-, potassium sodium salt
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32. |
108hr4085ih | 86 and inserting the following: 9902.32.86 2-Naphthalenesulfonic acid, 7,7" - [(2-methyl-1,5-pentanediyl) bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl) imino]] bis[ 4-hydroxy-3-[(4-methoxy sulfophenyl) azo]-, potassium sodium salt (CAS No. |
108hr4085ih | 152397-21-2) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2007. (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr3978ih | 1. Short Title
This Act may be cited as the Designation of Foreign Terrorist Organizations Reform Act. 2. Designation of foreign terrorist organizations
(a) Period of designation
Section 219(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4) ) is amended— (1) in subparagraph (A)— (A) by striking Subject to paragraphs (5) and (6), a and inserting A ; |
108hr3978ih | and (B) by striking for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B) and inserting until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c) ; (2) by striking subparagraph (B) and inserting the following: (B) Review of designation upon petition
(i) In general
The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). |
108hr3978ih | (ii) Petition period
For purposes of clause (i)— (I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. |
108hr3978ih | (iii) Procedures
Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) have changed in such a manner as to warrant revocation with respect to the organization. (iv) Determination
(I) In general
Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. (II) Classified information
The Secretary may consider classified information in making a determination in response to a petition for revocation. |
108hr3978ih | Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (III) Publication of determination
A determination made by the Secretary under this clause shall be published in the Federal Register. (IV) Procedures
Any revocation by the Secretary shall be made in accordance with paragraph (6). |
108hr3978ih | ; and (3) by adding at the end the following: (C) Other review of designation
(i) In general
If in a 4-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures
If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. |
108hr3978ih | The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review
The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.. (b) Aliases
Section 219 of the Immigration and Nationality Act ( 8 U.S.C. |
108hr3978ih | 1189 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Amendments to a designation
(1) In general
The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. |
108hr3978ih | (2) Procedure
Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. (3) Administrative record
The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. |
108hr3978ih | (4) Classified information
The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).. (c) Technical and conforming amendments
Section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(B), |
108hr3978ih | by striking subsection (b) and inserting subsection (c) ; (B) in paragraph (6)(A)— (i) in the matter preceding clause (i), by striking or a redesignation made under paragraph (4)(B) and inserting at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) ; and (ii) in clause (i), by striking or redesignation ; (C) in paragraph (7), by striking , or the revocation of a redesignation under paragraph (6), ; |
108hr3978ih | and (D) in paragraph (8)— (i) by striking , or if a redesignation under this subsection has become effective under paragraph (4)(B), ; and (ii) by striking or redesignation ; and (2) in subsection (c), as so redesignated— (A) in paragraph (1), by striking of the designation in the Federal Register, and all that follows through review of the designation and inserting in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review ; (B) in paragraph (2), |
108hr3978ih | by inserting , amended designation, or determination in response to a petition for revocation after designation ; (C) in paragraph (3), by inserting , amended designation, or determination in response to a petition for revocation after designation ; and (D) in paragraph (4), by inserting , amended designation, or determination in response to a petition for revocation after designation each place that term appears. |
108hr3978ih | (d) Savings provision
For purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term designation , as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. |
108hr3978ih | 1189(a)(4)(B) ) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). 3. |
108hr3978ih | Inclusion in Annual Department of State Country Reports on Terrorism of Information on Terrorist Groups that Seek Weapons of Mass Destruction and Groups that have been Designated as Foreign Terrorist Organizations
(a) Inclusion in reports
Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. |
108hr3978ih | 2656f ) is amended— (1) in subsection (a)(2)— (A) by inserting any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, after during the preceding five years, ; and (B) by inserting any group designated by the Secretary as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), after Export Administration Act of 1979, ; (2) in subsection (b)(1)(C)(iii), by striking and at the end; |