118 STAT. 511 PUBLIC LAW 108–203—MAR. 2, 2004 ‘‘(ii) in the case of a person who is not considered an eligible individual or eligible spouse pursuant to subparagraph (A)(ii), the action that resulted in the violation of a condition of probation or parole was nonviolent and not drug related.’’; and (2) in paragraph (5), by striking subparagraphs (A) and (B) and inserting the following: ‘‘(A) the recipient is described in clause (i) or (ii) of para graph (4)(A); and ‘‘(B) the location or apprehension of the recipient is within the officer’s official duties.’’. (c) CONFORMING AMENDMENT.—Section 804(a)(2) of the Social Security Act (42 U.S.C. 1004(a)(2)) is amended by striking ‘‘or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State’’ and inserting ‘‘or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first month that begins on or after the date that is 9 months after the date of enactment of this Act. SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A FEE, A PRODUCT OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE SOCIAL SECURITY ADMINISTRATION. (a) IN GENERAL.—Section 1140 of the Social Security Act (42 U.S.C. 1320b–10) is amended— (1) in subsection (a), by adding at the end the following: ‘‘(4)(A) No person shall offer, for a fee, to assist an individual to obtain a product or service that the person knows or should know is provided free of charge by the Social Security Administra tion unless, at the time the offer is made, the person provides to the individual to whom the offer is tendered a notice that— ‘‘(i) explains that the product or service is available free of charge from the Social Security Administration, and ‘‘(ii) complies with standards prescribed by the Commis sioner of Social Security respecting the content of such notice and its placement, visibility, and legibility. ‘‘(B) Subparagraph (A) shall not apply to any offer— ‘‘(i) to serve as a claimant representative in connection with a claim arising under title II, title VIII, or title XVI; or ‘‘(ii) to prepare, or assist in the preparation of, an individ ual’s plan for achieving self support under title XVI.’’; and (2) in the heading, by striking ‘‘PROHIBITION OF MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE’’ and inserting ‘‘PROHIBITIONS RELATING TO REFERENCES’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to offers of assistance made after the sixth month ending after the Commissioner of Social Security promulgates final regulations prescribing the standards applicable to the notice required to be provided in connection with such offer. The Commis sioner shall promulgate such final regulations within 1 year after the date of the enactment of this Act. Regulations. Deadline. Applicability. 42 USC 1320b–10 note. 42 USC 402 note.
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