about a medical specialty or a residency program and before residency programs could make an informed assessment of students' qualifications. This situation was inefficient, chaotic, and unfair and it often led to placements that did not serve the interests of either medical students or residency programs. (C) The original matching program, now operated by the independent non-profit National Resident Matching Program and popularly known as "the Match", was developed and implemented more than 50 years ago in response to widespread student complaints about the prior process. This Program includes on its board of directors individuals nominated by medical student organizations as well as by major medical education and hospital associations. (D) The Match uses a computerized mathematical algorithm, as students had recommended, to analyze the preferences of students and residency programs and match students with their highest preferences from among the available positions in residency programs that listed them. Students thus obtain a residency position in the most highly ranked program on their list that has ranked them sufficiently high among its preferences. Each year, about 85 percent of participating United States medical students secure a place in one of their top 3 residency program choices. (E) Antitrust lawsuits challenging the matching process, regardless of their merit or lack thereof, have the potential to undermine this highly efficient, procompetitive, and long-standing process. The costs of defending such litigation would divert the scarce resources of our country's teaching hospitals and medical schools from their crucial missions of patient care, physician training, and medical research. In addition, such costs may lead to abandonment of the matching process, which has effectively served the interests of medical students, teaching hospitals, and patients for over half a century. (2) PURPOSES.-It is the purpose of this section to— (A) confirm that the antitrust laws do not prohibit sponsoring, conducting, or participating in a graduate medical education residency matching program, or agreeing to do so; and (B) ensure that those who sponsor, conduct or participate in such matching programs are not subjected to the burden and expense of defending against litigation that challenges such matching programs under the antitrust laws. (b) APPLICATION OF ANTITRUST LAWS TO GRADUATE MEDICAL EDUCATION RESIDENCY MATCHING PROGRAMS. (1) DEFINITIONS.-In this subsection: (A) ANTITRUST LAWS.—The term "antitrust laws”— (i) has the meaning given such term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (ii) includes any State law similar to the laws referred to in clause (i). (B) GRADUATE MEDICAL EDUCATION PROGRAM.-The term "graduate medical education program" means— (i) a residency program for the medical education and training of individuals following graduation from medical school; (ii) a program, known as a specialty or subspecialty fellowship program, that provides more advanced training; and (iii) an institution or organization that operates, sponsors or participates in such a program. (C) GRADUATE MEDICAL EDUCATION RESIDENCY MATCHING PROGRAM.-The term "graduate medical education residency matching program" means a program (such as those conducted by the National Resident Matching Program) that, in connection with the admission of students to graduate medical education programs, uses an algorithm and matching rules to match students in accordance with the preferences of students and the preferences of graduate medical education programs. (D) STUDENT.-The term "student" means any individual who seeks to be admitted to a graduate medical education program. (2) CONFIRMATION OF ANTITRUST STATUS.-It shall not be unlawful under the antitrust laws to sponsor, conduct, or participate in a graduate medical education residency matching program, or to agree to sponsor, conduct, or participate in such a program. Evidence of any of the conduct described in the preceding sentence shall not be admissible in Federal court to support any claim or action alleging a violation of the antitrust laws. (3) APPLICABILITY.-Nothing in this section shall be construed to exempt from the antitrust laws any agreement on the part of 2 or more graduate medical education programs to fix the amount of the stipend or other benefits received by students participating in such programs. (c) EFFECTIVE DATE.-This section shall take effect on the date Applicability. of enactment of this Act, shall apply to conduct whether it occurs prior to, on, or after such date of enactment, and shall apply to all judicial and administrative actions or other proceedings pending on such date of enactment. Approved April 10, 2004. LEGISLATIVE HISTORY-H.R. 3108: HOUSE REPORTS: No. 108-457 (Comm. of Conference). Vol. 149 (2003): Oct. 8, considered and passed House. Vol. 150 (2004): Jan. 22, 26-28, considered and passed Senate, amended. Apr. 8, Senate agreed to conference report. Public Law 108-219 108th Congress An Act To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-UTROK ATOLL RADIOLOGICAL SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT. (a) In support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by United States nuclear testing, the Secretary of Commerce may convey to the Utrok Atoll local government without consideration, all right, title, and interest of the United States in and to a decommissioned National Oceanic and Atmospheric Administration ship in operable condition. (b) The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to Utrok. Apr. 13, 2004 [H.R. 2584] (c) Within 120 days after the date of enactment of this Act, Deadline. the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, shall submit a plan for the use of the vessel to be conveyed under subsection (a) to the House of Representatives Committee on Resources, the House of Representatives Committee on Science, the Senate Committee on Energy and Natural Resources, and the Senate Committee on Commerce, Science, and Transportation. TITLE II—RATIFICATION OF CERTAIN SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PRO- Deadline. MOTIONS, AND ACTIONS. All action in the line of duty by, and all Federal agency actions in relation to (including with respect to pay, benefits, and retirement) a de facto officer of the commissioned corps of the National Oceanic and Atmospheric Administration who was appointed or International 16 USC 5701 note. Ante, p. 437. 16 USC 1821 note. promoted to that office without Presidential action, and without the advice and consent of the Senate, during such time as the officer was not properly appointed in or promoted to that office, are hereby ratified and approved if otherwise in accord with the law, and the President alone may, without regard to any other law relating to appointments or promotions in such corps, appoint or promote such a de facto officer temporarily, without change in the grade currently occupied in a de facto capacity, as an officer in such corps for a period ending not later than 180 days from the date of enactment of this Act. TITLE III-INTERNATIONAL FISHERIES SEC. 301. SHORT TITLE. This title may be cited as the "International Fisheries Reauthorization Act of 2004”. SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISH- Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by striking “2003” and inserting "2008". SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000. Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking "2000" and all that follows through "2003" and inserting "2004 through 2008". SEC. 304. REBUILDING FISH STOCKS. Section 105 of division H of the Consolidated Appropriations Act, 2004, is repealed. TITLE IV-PACIFIC ALBACORE TUNA SEC. 401. IMPLEMENTATION. TREATY (a) IN GENERAL.-Notwithstanding anything to the contrary in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. (b) REGULATIONS.-The Secretary of Commerce, with the concurrence of the Secretary of State, may (1) promulgate regulations necessary to discharge the obligations of the United States under the Treaty and its Annexes; and (2) provide for the application of any such regulation to any person or vessel subject to the jurisdiction of the United States, wherever that person or vessel may be located. (c) ENFORCEMENT. (1) IN GENERAL.-The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall |