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108hr3943ih | 1. Extension of normal trade relations to Laos
(a) Findings
Congress finds that— (1) the Lao People's Democratic Republic is pursuing a broad policy of adopting market-based reforms to enhance its economic competitiveness and achieve an attractive climate for investment; (2) extension of normal trade relations treatm... |
108hr3943ih | (3) establishing normal commercial relations on a reciprocal basis with the Lao People's Democratic Republic will promote United States exports to the rapidly growing southeast Asian region and expand opportunities for United States business and investment in the Lao People's Democratic Republic economy; (4) United Sta... |
108hr3943ih | combating the trafficking of narcotics, and the accounting for American servicemen and civilians still missing from the Vietnam war; and (6) expanding bilateral trade relations that include a commercial agreement may promote further progress by the Lao People's Democratic Republic on human rights, religious tolerance, ... |
108hr3943ih | (b) Extension of nondiscriminatory treatment to the products of the Lao People's Democratic Republic
(1) Harmonized Tariff Schedule amendment
General note 3(b) of the Harmonized Tariff Schedule of the United States is amended by striking Laos. |
108hr3943ih | (2) Effective date
The amendment made by paragraph (1) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the effective date of a notice published in the Federal Register by the United States Trade Representative that a trade agreement obligating reciprocal most-favored-nat... |
108hr4847ih | 1. Lieutenant General James V. Edmundson Post Office Building
(a) Designation
The facility of the United States Postal Service located at 560 Bay Isles Road in Longboat Key, Florida, shall be known and designated as the Lieutenant General James V. Edmundson Post Office Building. (b) References
Any reference in a law... |
108hr3806ih | 1. Credit against the alternative minimum tax where stock acquired pursuant to an incentive stock option is sold or exchanged at a loss
(a) In general
Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end the following new subsection:... |
108hr3806ih | (2) Incentive stock option tax
For purposes of this subsection, the term incentive stock option tax means the excess (if any) of— (A) the aggregate tax imposed by section 55 by reason of section 56(b)(3) for all prior taxable years with respect to stock if— (i) such stock is sold or exchanged during the taxable year o... |
108hr3806ih | (b) Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2003. |
108hr4082ih | 1. Short title
This Act may be cited as the Cesar E. Chavez Congressional Gold Medal Act. 2. Findings
The Congress finds the following: (1) Cesar E. Chavez was born March 31, 1927, on a small farm near Yuma, Arizona, and died on April 23, 1993. (2) Numerous holidays, schools, parks, libraries, and other structures an... |
108hr4082ih | (3) Cesar E. Chavez was a recipient of the Martin Luther King Jr. Peace Prize during his lifetime and was awarded the Presidential Medal of Freedom on August 8, 1994. (4) Cesar E. Chavez was the grandson of a Mexican immigrant and settler and grew up working with migrant farm workers, picking grapes, melons, beans, and... |
108hr4082ih | (5) At the age of 18, Cesar E. Chavez entered the United States Navy and served his country with distinction for 2 years. (6) As early as 1949, Cesar E. Chavez committed himself to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, decent housing, and the outlawing of child labo... |
108hr4082ih | (7) In 1962, Cesar E. Chavez founded the National Farm Workers Association, predecessor of the United Farm Workers of America, which brought hope to farm workers that they might one day realize the basic protections and workers' rights to which all Americans aspire. (8) Through his commitment to nonviolence, Cesar E. C... |
108hr4082ih | (9) Cesar E. Chavez's fasts and strikes gained national attention and made people aware of the struggle of farm workers for better pay and safer working conditions. (10) Cesar E. Chavez was an advocate for nonviolence at a time when violence penetrated every level of our society; he used boycotts, pickets, strikes, and... |
108hr4082ih | (12) Cesar E. Chavez and his family also dedicated themselves to the education of farm workers' children through migrant schools, and many of these children graduated and worked as teachers, doctors, or nurses or in other professional occupations. (13) The legacy of Cesar E. Chavez includes healthy working conditions t... |
108hr4082ih | (14) Cesar E. Chavez's influence extends far beyond agriculture and provides inspiration for those working to better human rights through his example of organizing voter registration drives in urban and farm areas, initiating complaints against mistreatment by police and welfare officials, and empowering workers to see... |
108hr4082ih | (16) Upon his death in 1993, Cesar E. Chavez was laid to rest where he lived and worked for 23 years on the grounds of the headquarters of the United Farm Workers of America, known as Nuestra Señora de La Paz (Our Lady of Peace), located in the Tehachapi Mountains at Keene, California. (17) With faith, discipline, soft... |
108hr4082ih | Yes, we can! 3. Congressional gold medal
(a) Presentation authorized
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or other personal r... |
108hr4082ih | (b) Design and striking
For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. |
108hr4082ih | Duplicate medals
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of ... |
108hr4082ih | Funding
(a) Authority to use fund amounts
There is authorized to be charged against the United States Mint Public Enterprise Fund such an amount as may be necessary to pay for the costs of the medals authorized by this Act. (b) Proceeds of sale
Amounts received from the sale of duplicate bronze medals under section ... |
108hr5097ih | 1. Short title
This Act may be cited as the Close the Bank Examiner Revolving Door Act. 2. Post-employment limitations on bank examiners-in-charge
Section 10 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 ) is amended by adding at the end the following new subsection: (g) Post-employment limitations on bank ex... |
108hr5097ih | and (B) at any time during the 3-year period ending on the date such person ceases to be an officer or employee of such agency, was the chief examiner of, or had supervisory authority over, any depository institution, such person may not hold any office, position, or employment (including a position which causes such p... |
108hr5097ih | (2) Penalty for noncompliance
(A) In general
Any person who violates paragraph (1) shall forfeit such person’s retirement and other benefits under title 5, United States Code. (B) Notice
If the head of any Federal banking agency determines that a violation of paragraph (1) has occurred, the head of such agency shall... |
108hr3793ih | 1. Concerning the participation of Taiwan in the World Health Organization (who)
(a) Findings
The Congress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Dire... |
108hr3793ih | (3) Taiwan’s population of 23,500,000 people is greater than that of three-fourths of the member states already in the World Health Organization (WHO). (4) Taiwan’s achievements in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates compa... |
108hr3793ih | (5) The United States Centers for Disease Control and Prevention and its Taiwan counterpart agencies have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported... |
108hr3793ih | The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early... |
108hr3793ih | (10) Public Law 106–137 required the Secretary of State to submit a report to the Congress on efforts by the executive branch to support Taiwan’s participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan’s participation in the WHO can bring to the state of health not... |
108hr3793ih | (12) On May 11, 2001, President Bush stated in his letter to Senator Murkowski that the United States should find opportunities for Taiwan’s voice to be heard in international organizations in order to make a contribution, even if membership is not possible , further stating that his Administration has focused on findi... |
108hr3793ih | That is why my government supports Taiwan’s efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support t... |
108hr3793ih | (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis and Malaria in December 2002. (15) In 2003, the outbreak of Severe Acute Respi... |
108hr3793ih | (16) Avian influenza, commonly known as bird flu, has reemerged in Asia as some strain of the influenza has been reported by Cambodia, China, Indonesia, Japan, Laos, Pakistan, South Korea, Taiwan, Thailand, and Vietnam. (17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasiz... |
108hr3793ih | (18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is critical that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) Secretary of Health and Human Services Tommy Thompson acknowled... |
108hr3793ih | (b) Plan
The Secretary of State is authorized— (1) to initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly in May 2004 in Geneva, Switzerland; (2) to instruct the United States delegation to Geneva to implement that plan; and (3) to ... |
108hr3793ih | (c) Report
Not later than 14 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress in unclassified form describing the action taken under subsection (b). |
108hr4062ih | 1. Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958
The authorization for any program, authority, or provision, including any pilot program, that was extended through April 2, 2004, by section 1 of Public Law 108–205 is further extended thro... |
108hr4062ih | 697 (f)), as amended by section 2 of Public Law 108–205 , is further amended by striking May 21, 2004 and inserting October 1, 2004. 3. Fiscal year 2004 purchase and guarantee authority under title III of Small Business Investment Act of 1958
Section 20 of the Small Business Act ( 15 U.S.C. |
108hr4062ih | 631 note) is amended by adding at the end the following new subsection: (j) Fiscal year 2004 purchase and guarantee authority under title III of Small Business Investment Act of 1958
For fiscal year 2004, for the programs authorized by title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ), t... |
108hr4062ih | Combination financing
(a) In general
During the period beginning on the date of the enactment of this section and ending on September 30, 2004, subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a) ) shall be applied as if the paragraph set forth in subsection (b) were added at the end of that subs... |
108hr4062ih | (b) Paragraph specified
The paragraph referred to in subsection (a) is as follows: (31) Combination financing
(A) Definitions
In this paragraph— (i) the term combination financing means financing comprised of a loan guaranteed under this subsection and a commercial loan; and (ii) the term commercial loan means a loa... |
108hr4062ih | (C) Commercial loan amount
In the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. (D) Commercial loan provisions
The commercial loan obtained by the smal... |
108hr4062ih | (E) Commercial loan fee
A one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid by the lender to the Administration if the commercial loan has a senior credit position to that of the loan guaranteed under this subsection. Paragraph (23)(B) shall apply to the fee established ... |
108hr4062ih | (G) Completion of application processing
The Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. (H) Business loan eligibility
Any standards prescribed by the Administrato... |
108hr4062ih | Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications.. 5. Loan guarantee fees
(a) In general
During the period beginning on the da... |
108hr4062ih | 636(a)(23)(A) ) shall be applied as if that subparagraph consisted of the language set forth in subsection (b). (b) Language specified
The language referred to in subsection (a) is as follows: (A) Percentage
(i) In general
With respect to each loan guaranteed under this subsection, the Administrator shall, in accord... |
108hr4062ih | (ii) Temporary percentage
With respect to loans approved during the period beginning on the date of enactment of this clause and ending on September 30, 2004, the annual fee assessed and collected under clause (i) shall be equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan... |
108hr4062ih | 636(a)(18)(B) ) shall not be effective during the period beginning on the date of the enactment of this section and ending on September 30, 2004. 6. Express loan provisions
(a) Definitions
For the purposes of this section: (1) The term express lender shall mean any lender authorized by the Administrator to participat... |
108hr4062ih | 636(a) ) in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. (3) The term Express Loan Pilot Program shall mean the program established by the Administrator prior to the date of enactment of this section under the authority granted in section 7(a)(25)(B) of... |
108hr4062ih | (5) The term small business concern has the same meaning given such term under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Restriction to express lender
The authority to make an Express Loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as ... |
108hr4062ih | (c) Grandfathering of existing lenders
Any express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirem... |
108hr4062ih | (d) Temporary expansion of express loan pilot program
(1) Authorization
As of the date of enactment of this section, the maximum loan amount in the Express Loan Pilot Program shall be increased to a maximum loan amount of $2,000,000 as set forth in section 7(a)(3)(A) of the Small Business Act ( 15 U.S.C. 636(a)(3)(A)... |
108hr4062ih | (3) Savings provision
Nothing in this section shall be interpreted to modify or alter the authority of the Administrator to continue to operate the Express Loan Pilot Program on or after October 1, 2004. (e) Option to participate
Except as otherwise provided in this section, the Administrator shall take no regulatory... |
108hr4062ih | that has the effect of— (1) requiring a lender to make an Express Loan pursuant to subsection (d); (2) limiting or modifying any term or condition of deferred participation loans made under such section (other than Express Loans) unless the Administrator imposes the same limit or modification on Express Loans; (3) tran... |
108hr4062ih | for loan guarantees approved under such section by employees of the Administration or through the Preferred Lenders Program; or (4) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Pilot Program instead of under the general loan autho... |
108hr4062ih | (f) Collection and reporting of data
For all loans in excess of $250,000 made pursuant to the authority set forth in subsection (d)(1), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entre... |
108hr4062ih | Fiscal year 2004 deferred participation standards
Deferred participation loans made during the period beginning on the date of the enactment of this Act and ending on September 30, 2004, under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) shall have the same terms and conditions (including maximum gross ... |
108hr4062ih | This section shall not preclude the Administrator of the Small Business Administration from taking such action as necessary to maintain the loan program carried out under such section, subject to appropriations. 8. Temporary increase in loan limit under business loan and investment fund and in associated guarantee fees... |
108hr4062ih | 636(a)(3)(A) ) shall be applied as if the first dollar figure were $1,500,000. (b) Temporary guarantee fee on deferred participation share over $1,000,000
With respect to loans made during the period referred to in subsection (a) to which section 7(a)(18) of the Small Business Act ( 15 U.S.C. |
108hr4062ih | 636(a)(18) ) applies, the Administrator of the Small Business Administration shall collect an additional guarantee fee equal to 0.25 percent of the amount (if any) by which the deferred participation share of the loan exceeds $1,000,000. |
108hr4330ih | 1. Suspension of duty on 5,5-bis[(y,w-perfluoroC4-20alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2-dioxaphosphorinane, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-3-hydroxy proply phosphate, di-ammonium salt and Di-[2,2-bis[(y, |
108hr4330ih | w-perfluoroC4-20alkylthio)methyl]]-3-hydroxy proply phosphate, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-1,3-di-(dihydrogenphosphate)-propane, tetra-ammonium salt
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical... |
108hr4330ih | w-perfluoroC4-20alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2-dioxaphosphorinane, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-3-hydroxy proply phosphate, di-ammonium salt and Di-[2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]]-3-hydroxy proply phosphate, ammonium salt and 2,2-bis[(y, |
108hr4330ih | w-perfluoroC4-20alkylthio)methyl]-1,3-di-(dihydrogenphosphate)-propane, tetra-ammonium salt (provided for in subheading 3809.92.50) 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 a... |
108hr4272ih | 1. Modification of land exchange and consolidation, Fort Lewis, Washington
(a) Property to be transferred to Secretary of the Interior in trust
Subsection (a)(1) of section 2837 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1315) is amended— (1) by s... |
108hr4272ih | The Secretary of the Army may make the transfer under the preceding sentence, and the Secretary of the Interior may accept the property transferred in trust for the Nisqually Tribe under the preceding sentence, only in conjunction with the conveyance described in subsection (b)(2).. (b) Increase in acreage to be transf... |
108hr4272ih | (c) Qualification on property to be transferred
Subsection (a)(2) of such section is amended— (1) by striking conveyance and inserting transfer ; and (2) by striking or the right of way described in subsection (c) and inserting located on the real property transferred under that paragraph. |
108hr4272ih | (d) Consideration
Subsection (b) of such section is amended— (1) in the matter preceding paragraph (1), by striking conveyance and inserting transfer ; and (2) in paragraph (2), by striking fee title over the acquired property to the Secretary and inserting to the United States fee title to the property acquired under... |
108hr4272ih | grant of easement
Such section is further amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Treatment of existing permit rights; grant of easement
(1) The transfer under subsection (a) recognizes ... |
108hr4272ih | 1949, as amended January 4, 1952, between the Department of the Army and the Bonneville Power Administration with respect to any portion of the property transferred under subsection (a) upon which the Bonneville Power Administration retains transmission facilities. The rights recognized and preserved include the right ... |
108hr4272ih | (3) The Secretary of the Interior, as trustee for the Nisqually Tribe, shall grant to the Bonneville Power Administration, without consideration and subject to the same rights recognized and preserved in paragraph (1), such additional easements across the property transferred under subsection (a) as the Bonneville Powe... |
108hr4272ih | (f) Conforming amendments
(1) Subsection (c) of such section is amended by inserting of the Army after Secretary. (2) Subsection (e) of such section (as redesignated by subsection (e)(1)) is amended— (A) by striking conveyed and inserting transferred ; (B) by inserting of the Army after Secretary ; and (C) by striking... |
108hr4272ih | (3) Subsection (f) of such section (as redesignated by subsection (e)(1)) is amended— (A) by inserting of the Army after Secretary both places it appears; and (B) by striking conveyances under this section and inserting transfer under subsection (a) and conveyances under subsections (b)(2) and (c). |
108hr4899ih | 1. Short title
This Act may be cited as the Sustainable Drug Pricing Act. 2. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits
Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following subpar... |
108hr4899ih | relation to certain tax deductions and credits
(a) In general
(1) Agreement
The Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deductio... |
108hr4899ih | (2) Coordination with tax provisions
For purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a not... |
108hr4899ih | (b) Public health objectives of agreement
The purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the d... |
108hr4899ih | (c) Duration of agreement; renegotiation
(1) In general
With respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the ... |
108hr4899ih | (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each ag... |
108hr4899ih | (2) Variation in maximum price under agreement
With respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is co... |
108hr4899ih | (d) Violation of agreement; liquidated penalty
(1) In general
The Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to ma... |
108hr4899ih | (2) Hearing; loss of effective status of agreement
(A) Hearing
If, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the ... |
108hr4899ih | (B) Loss of effective status
If a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. (e) General provisions
(... |
108hr4899ih | (2) Monitoring of compliance
With respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require... |
108hr4899ih | (3) Access to records
The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name ... |
108hr4899ih | (4) Consideration of compliance record
In determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreemen... |
108hr4899ih | (2) Duties
The Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, ... |
108hr4899ih | and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition
The Advisory Panel shall be composed of five memb... |
108hr4899ih | Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care econom... |
108hr4899ih | (4) Chair
The Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms
(A) In general
Each member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service aft... |
108hr4899ih | (6) Vacancies
(A) Authority of advisory panel
A vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors
A vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original ... |
108hr4899ih | (C) Incomplete term
If a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. |
108hr4899ih | (g) Definitions
For purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, ... |
108hr4899ih | (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act.. 340H. Agreements regarding prices of brand-name prescription drugs; |
108hr4899ih | relation to certain tax deductions and credits
(a) In general
(1) Agreement
The Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deductio... |
108hr4899ih | (2) Coordination with tax provisions
For purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a not... |
108hr4899ih | (b) Public health objectives of agreement
The purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the d... |
108hr4899ih | (c) Duration of agreement; renegotiation
(1) In general
With respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the ... |
108hr4899ih | (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each ag... |
108hr4899ih | (2) Variation in maximum price under agreement
With respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is co... |
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