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108hr4975ih | Imposition of tax
(a) In General
There is hereby imposed a tax of $3 per passenger on a covered international voyage. (b) By Whom Paid
The tax imposed by this section shall be paid by the person providing the covered international voyage. (c) Time of Imposition
The tax imposed by this section shall be imposed only ... |
108hr4975ih | Definitions
For purposes of this subchapter— (1) Covered international voyage
The term covered international voyage means a voyage of a commercial passenger vessel if— (A) such voyage extends over 1 or more nights, (B) passengers embark or disembark the vessel in the United States, and (C) passengers embark or disemb... |
108hr4975ih | (2) Passenger vessel
The term passenger vessel means any vessel having berth or stateroom accommodations for more than 16 passengers. 3. Establishment of trust funds
(a) In General
Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sections: 9511. |
108hr4975ih | Caribbean ports and infrastructure protection trust fund
(a) Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the Caribbean Ports and Infrastructure Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provide... |
108hr4975ih | (c) Expenditures from trust fund
The Secretary shall make payments, not less frequently than annually, from the Caribbean Ports and Infrastructure Protection Trust Fund to— (1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint Lucia, and Grenada, each in an amount equivalent to the sum of— (A) 3 percent of the tax... |
108hr4975ih | British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each in an amount equivalent to the sum of— (A) 1 percent of the taxes received in the Treasury under subchapter C of chap... |
108hr4975ih | Water and marine wildlife protection trust fund
(a) Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the Water and Marine Wildlife Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section ... |
108hr4975ih | (c) Expenditures from trust fund
Amounts in the Water and Marine Wildlife Protection Trust Fund shall be available, as provided in appropriation Acts, for the purposes of making expenditures to carry out environmental programs which provide for the clean up of waste in the oceans or the enforcement of restrictions on ... |
108hr4975ih | 9511. Caribbean ports and infrastructure protection trust fund
(a) Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the Caribbean Ports and Infrastructure Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as p... |
108hr4975ih | (c) Expenditures from trust fund
The Secretary shall make payments, not less frequently than annually, from the Caribbean Ports and Infrastructure Protection Trust Fund to— (1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint Lucia, and Grenada, each in an amount equivalent to the sum of— (A) 3 percent of the tax... |
108hr4975ih | British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each in an amount equivalent to the sum of— (A) 1 percent of the taxes received in the Treasury under subchapter C of chap... |
108hr4975ih | Water and marine wildlife protection trust fund
(a) Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the Water and Marine Wildlife Protection Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section ... |
108hr4975ih | (c) Expenditures from trust fund
Amounts in the Water and Marine Wildlife Protection Trust Fund shall be available, as provided in appropriation Acts, for the purposes of making expenditures to carry out environmental programs which provide for the clean up of waste in the oceans or the enforcement of restrictions on ... |
108hr4975ih | (2) Ensuring that these anti-pollution devices are functioning will ensure a reduction in pollution and will also give authorities advanced warning of pollution that has occurred. (3) Requiring biannual inspections of pollution prevention equipment on vessels will ensure that such equipment is fully operational and can... |
108hr4975ih | (5) Recording shore-side disposal of garbage and sludge from vessels will help to identify violators and help to deter others from unlawful discharges at sea. (6) Making violations of this Act a felony will have a deterrent effect. Imposing stiff fines will also accomplish that goal. |
108hr4975ih | (b) Toll-free telephone number for reporting illegal dumping
The Secretary of the department in which the Coast Guard is operating shall prescribe regulations by not later than 6 months after the date of the enactment of this Act that require— (1) that each cruise vessel that enters a port or place in the United State... |
108hr4975ih | a notice stating— (A) that any passenger who witnesses illegal dumping from the vessel into waters of the United States may report that dumping to the Coast Guard by calling a toll-free telephone number of the National Response Center or another appropriate office of the Coast Guard; and (B) such telephone numbers; and... |
108hr4975ih | (c) Prohibitions
It shall be unlawful— (1) for any vessel to enter a port or place in the United States if— (A) the vessel does not have on board all pollution prevention equipment otherwise required by law that functions in proper functioning condition; or (B) does not comply with requirements that apply to the vesse... |
108hr4975ih | (3) to operate any cruise vessel in the foreign or domestic commerce of the United States that does not comply with any requirement that applies to the vessel under regulations prescribed subsection (b); or (4) to sell a ticket referred to in paragraph (2) of subsection (b) that does not include any notice required und... |
108hr4975ih | (d) Inspections
The Secretary of the department in which the Coast Guard is operating shall biannually inspect each vessel that is documented under the laws of the United States to determine whether— (1) the vessel has on board all pollution prevention equipment required under subsection (c); (2) such equipment functi... |
108hr4975ih | (e) Penalty
Any person that violates this section, and the owner or operator of a vessel that violates this section, shall be fined under title 18, United States Code, or imprisoned for one year and a day (or such longer period as may apply under another provision of law), or both. (f) Relationship to other law
This ... |
108hr4975ih | (g) Definitions
In this section: (1) Cruise vessel
(A) In general
The term cruise vessel means a passenger vessel (as defined in section 2101(22) of title 46, United States Code), that— (i) is authorized to carry at least 250 passengers; and (ii) has onboard sleeping facilities for each passenger. (B) Exclusions
Th... |
108hr4975ih | (2) Passenger
(A) In general
The term passenger means any person on board a cruise vessel for the purpose of travel. (B) Inclusions
The term passenger includes— (i) a paying passenger; and (ii) a staffperson, such as a crew member, captain, or officer. |
108hr5109ih | 1. Short title
This Act may be cited as the Airport Noise Curfew Act of 2004. 2. Establishment
There is established a commission to be known as the Airport Noise Curfew Commission (in this Act referred to as the Commission ). 3. Duties of commission
The Commission shall study and make recommendations to Congress reg... |
108hr5109ih | Membership
(a) Number and appointment
The Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator... |
108hr5109ih | (b) Qualifications
One of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry. (c) Chairperson
The Chairperson of the Commission shall be... |
108hr5109ih | (d) Vacancies
A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay
(1) Rates of pay
To the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to rec... |
108hr5109ih | (2) Prohibition of compensation of federal employees
Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel expenses
Each member shall receive travel expenses, including per... |
108hr5109ih | Staff of commission
(a) Staff
Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of certain civil service laws
The staff of the Commission may be appointed without regard to the provisions of title 5... |
108hr5109ih | (c) Experts and consultants
Subject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic p... |
108hr5109ih | (d) Staff of federal agencies
Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 6. Powers of commission
(a) Hearings and sessions ... |
108hr5109ih | (b) Powers of members and agents
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining official data
The Commission may secure directly from any Federal department or agency information necessary to enable it t... |
108hr5109ih | (e) Administrative support services
Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena power
The Commission m... |
108hr5109ih | Report
Not later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report on its findings and recommendations. 8. Termination
The Commission shall terminate on the date of transmission of its report under section 7. |
108hr4013ih | 1. Federal Food, Drug, and Cosmetic Act; prohibition against approval of drug infringing right to life
Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by adding at the end the following subsection: (o)(1) Notwithstanding any other provision of this section, the Secretary may not ap... |
108hr4013ih | Drugs whose approval is prohibited under the preceding sentence include a drug intended to assist with the act of suicide and a drug intended to induce an abortion. |
108hr4013ih | (2) Effective upon the expiration of 30 days after the effective date of this subsection— (A) the approved application under subsection (b) or (j) of any drug whose intended use infringes the right to life within the meaning of paragraph (1) is deemed to have been withdrawn under subsection (e) or (j)(6), respectively;... |
108hr4746ih | 1. Short title
This Act may be cited as the Selective Service Registration Termination Act. 2. Termination of Military Selective Service Act registration requirement
(a) Registration termination
Section 17 of the Military Selective Service Act ( 50 U.S.C. App. 467 ) is amended by adding at the end the following new ... |
108hr4746ih | no person shall be registered for possible induction for training and service in the Armed Forces, including persons who were subject to such registration requirements before that date but who had not complied with such registration requirements by that date. (b) Suspension of sanctions for persons previously subject t... |
108hr4746ih | 462 ) is amended by adding at the end the following new subsection: (h) In addition to the exception provided by subsection (g), a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under ... |
108hr4746ih | 460 ) is amended by adding at the end the following new subsection: (i) During any period in which the registration requirements of section 3 are terminated, the President may not appoint a person as a member of a civilian local board, civilian appeal board, or similar local agency of the Selective Service System and a... |
108hr3844ih | 1. Prohibition on operation of medicare Comparative Cost Adjustment (CCA) program in New Mexico
(a) In general
Section 1860C–1(b) of the Social Security Act, as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end th... |
108hr3844ih | (b) Effective date
The amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. |
108hr3792ih | 1. Equity for surviving spouses of members of the Armed Forces dying on active duty during the period beginning on September 11, 2001, and ending on November 23, 2003
Subparagraph (B) of section 1448(d)(2) of title 10, United States Code, as added by section 645(a)(1) of the National Defense Authorization Act for Fisc... |
108hr3792ih | 1518), is amended by striking the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 and inserting September 11, 2001,. |
108hr4638ih | 1. Short title
This Act may be cited as the Rural America Protection Act of 2004. 2. Limitations on wetlands mitigation through condemnation
Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended by adding at the end the following: (u) Limitations on wetlands mitigation through condemnat... |
108hr4638ih | or local entity where compliance with this section is based on a permit condition requiring mitigation of adverse impacts to wetlands through the acquisition of private property for the creation, restoration, or protection of wetlands if— (A) the property is being acquired by condemnation; and (B) the property is locat... |
108hr4638ih | (2) Compensation of private property owners
Notwithstanding paragraph (1), the Secretary or the State may issue a permit under this section in the circumstance described in paragraph (1) if the Federal, State, or local entity acquiring the property by condemnation provides to the owner of the property compensation in ... |
108hr3837ih | 1. |
108hr3837ih | Limitation of Deduction for Charitable Contributions of Patents and Similar Property
(a) In General
Subparagraph (B) of section 170(e)(1) of the Internal Revenue Code of 1986 (relating to certain contributions of capital gain property) is amended by striking or at the end of clause (i), by inserting or at the end of ... |
108hr3837ih | (b) Special Rule
Section 170(e) of such Code is amended by adding at the end the following new paragraph: (7) Special Rule for certain contributions of patents, copyrights, etc
(A) Exception for contributions to qualified research organizations
Subparagraph (B) of paragraph (1) shall not apply to any qualified contr... |
108hr3837ih | (B) Qualified research organization defined
For purposes of this paragraph, the term qualified research organization means an organization that applies its expertise to the scientific and commercial development of qualified contributions and is described in clause (iii), (iv), or (vi) of subsection (b)(1)(A) or subpar... |
108hr3837ih | title, and interest in and to property described in clause (iii) of paragraph (1)(B), (ii) the donor and donee of any cash or cash equivalent in connection with such contribution agree to limit the use of such cash or cash equivalent to costs of patent prosecution or maintenance and the scientific and commercial develo... |
108hr3837ih | the donor of the qualified contribution discloses both the contribution described in clause (i) and a complete description of the terms of any restricted cash or cash equivalents grant described in clause (ii) on its income tax return for the taxable year during which such contribution is made. |
108hr3837ih | (c) Qualified appraisal required
(1) In general
The Secretary of the Treasury shall prescribe regulations or other guidance under section 170(a)(1) of the Internal Revenue Code of 1986 requiring the donor of property described in section 170(e)(1)(B)(iii) of such Code to obtain one or more qualified appraisals of the... |
108hr3837ih | (2) Qualified appraiser
For purposes of paragraph (1), the term qualified appraiser means an appraiser who has valuation credentials and experience in appraising such property, who is not an employee of the donor or donee, and who satisfies any professional valuation education and qualification requirements that are p... |
108hr3837ih | (3) Qualified appraisal
For purposes of paragraph (1), the term qualified appraisal means an appraisal that satisfies the requirements (without regard to any value limitation) for a qualified appraisal under section 170(a)(1) of such Code (as in effect on the date of the enactment of this Act), with the following modi... |
108hr3837ih | (C) The valuation of property described in section 170(e)(7) of such Code shall take into account the potential use of such property by any qualified donee, including the value to be generated through further technology development and commercialization by the donee and potential licensees of the property. (D) If the v... |
108hr3837ih | (F) The amount of any cash or cash equivalent grant described in section 170(e)(7)(C)(ii) of such Code and a complete description of the terms of any such grant shall be fully described in the information returns of the donee organization for the taxable year of receipt and subsequent taxable years, as required by the ... |
108hr3837ih | including preventing— (1) the circumvention of the reduction of the deduction under such section by embedding or bundling the patent or similar property as part of a charitable contribution of property that includes the patent or similar property, (2) the manipulation of the basis of the property to increase the amount... |
108hr3837ih | (e) Effective Date
(1) In general
Except as provided by paragraph (2), the amendments made by this section shall apply to contributions made after the date of the enactment of this Act. (2) Appraisals
Subsection (c) shall apply to contributions made after the date of adoption of regulations, or date of issuance of g... |
108hr5175ih | 1. Short title
This Act may be cited as the Keep the Promise of Medicare Act of 2004. 2. Stabilization of medicare part b premium
Section 1839(a)(3) of the Social Security Act ( 42 U.S.C. |
108hr5175ih | 1395r(a)(3) ) is amended by adding at the end the following new sentence: Notwithstanding the preceding sentences, the monthly premium rate determined under this paragraph for each month in 2005 may not exceed an amount equal to the monthly premium rate determined under this paragraph for each month in 2004 adjusted by... |
108hr5225ih | 1. Short title
This Act may be cited as the Telephone Tax Relief for Seniors Act. 2. Communications excise tax
(a) Exemption
Section 4253 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and inserting after subsection (j) the following new subsection: (k) Exemption fo... |
108hr5225ih | For purposes of this subsection, the term low-income senior citizen means an individual who is certified as such by the Federal Communications Commission.. (b) Conforming amendment
Section 4253(l) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking or (j) and inserting (j), ... |
108hr5225ih | Telephone service fees and charges
(a) Exemption for low-income senior citizens
A telecommunications carrier shall not require a subscriber of the carrier’s telephone exchange service or telephone toll service who is certified by the Federal Communications Commission as a low-income senior citizen to pay— (1) a fee o... |
108hr5225ih | 254 ); (2) a subscriber line charge or any other per line fee or charge collected for the purpose of recovering some of the costs to the local exchange carrier of connecting the telephone exchange network to telephone toll service; or (3) a local number portability charge. The fees and other charges described in this s... |
108hr5225ih | (c) Definitions
For purposes of this Act— (1) the term low-income senior citizen means an individual age 65 or older who has an income which does not exceed 200 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget; and (2) the terms ... |
108hr5225ih | Authorization of appropriations
There are authorized to be appropriated to the Federal Communications Commission $20,000,000 for the purpose of educating low-income senior citizens about the benefits to which they are entitled pursuant to this Act. |
108hr4744ih | 1. Suspension of Duty on Diresul Tan RDT-RW Liquid
(a) In General
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.05 Diresul Tan RDT-RW Liquid (leuco sulfur dye) (CAS No. |
108hr4744ih | 1326-49-4) (provided for in subheading 3204.19.50 Free No change No change On or before 12/31/2008 (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. |
108hr4716ih | 1. Short title
This Act may be cited as the Ballona Bluff Protection Act. 2. National park service study regarding ballona bluff in los angeles, california
(a) Findings
Congress finds the following: (1) Ballona Bluff is the last undeveloped bluff top of the Ballona Escarpment, a natural formation that stretches appr... |
108hr4716ih | (3) Ballona Bluff provides foraging, nesting, and resting habitat for many species of birds and other wildlife. (4) Human occupation of Ballona Bluff began at least 6500 years ago. (5) Ballona Bluff contained a site determined to be eligible for inclusion in the National Register of Historic Places. (6) Human remains a... |
108hr4716ih | (8) The public has enjoyed the passive recreational use of Ballona Bluff for half a century. These recreational activities have included hiking, jogging, and viewing wildlife. (b) Definitions
For the purposes of this section: (1) Ballona bluff
The term Ballona Bluff means the approximately 44 acres of land known by t... |
108hr4716ih | (c) Study
The Secretary shall, in consultation with the State of California— (1) carry out a study regarding the suitability and feasibility of designating Ballona Bluff as a unit of the National Park System; and (2) consider management alternatives for Ballona Bluff. (d) Study process and completion
Except as provid... |
108hr4716ih | (e) Submission of study results
Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. |
108hr4530ih | 1. Short title
This Act may be cited as the Federal Election Integrity Act of 2004. 2. Requiring Proof of Citizenship to Accompany Application For Voter Registration
(a) Application Provided With Motor Vehicle License Application
Section 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg—3(c)(2... |
108hr4530ih | (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: (E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines e... |
108hr4530ih | by striking may require and inserting consistent with paragraph (5), may require ; (2) by striking and at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ; and ; and (4) by adding at the end the following new paragraph: (5) shall require the applicant to provide a photogra... |
108hr4530ih | (c) Special Rules For States Without Registration Requirement and States Permitting Same-Day Registration
(1) In general
Section 8 of such Act (42 U.S.C. 1973gg—6) is amended— (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: (j) Requirement... |
108hr4530ih | the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States,... |
108hr4530ih | the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy o... |
108hr4530ih | 1973gg–2(b) ) is amended by striking This Act and inserting Except as provided in section 8(j), this Act. 3. Requiring Voters to Provide Photo Identification
(a) In General
Section 303(b) of the Help America Vote Act of 2002 ( 42 U.S.C. |
108hr4530ih | 15483(b) ) is amended— (1) in the heading, by striking for Voters Who Register by Mail and inserting for Providing Photo Identification ; and (2) by striking paragraphs (1) through (3) and inserting the following: (1) Individuals voting in person
Notwithstanding any other provision of law, the appropriate State or loc... |
108hr4530ih | (2) Individuals voting by mail
Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identifi... |
108hr4530ih | 15483 ) is amended— (1) in the heading, by striking for voters who register by mail and inserting for Providing Photo Identification ; and (2) in subsection (c), by striking subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) and inserting subsection (a)(5)(A)(i)(II). (c) Clerical Amendment
The table of contents of such... |
108hr4530ih | Computerized statewide voter registration list requirements and requirements for providing photo identification. (d) Effective Date
Section 303(d) of such Act ( 42 U.S.C. 15483(d) ) is amended to read as follows: (d) Requirement to provide photo identification
Subsection (b) shall apply with respect to the regularly ... |
108hr4530ih | Effective Date
This Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office. |
108hr5255ih | 1. Grant program
(a) Establishment
The Director of the National Science Foundation shall establish a program to award competitive grants, in coordination with the Secretary of Education, to institutions of higher education for increased education and job training of United States nationals who are undergraduate or gr... |
108hr5255ih | (b) Required elements
Each application for a grant under this Act shall include— (1) financial incentives to students entering and persisting in the study of mathematics, science, engineering, and technology, which may include scholarships and stipends to students wishing to pursue undergraduate or graduate studies in... |
108hr5255ih | and (3) a commitment to increase the number of traditionally underrepresented students in mathematics, science, engineering, and technology. (c) Purposes
A recipient of a grant under this Act may use such funds for major research equipment, facilities construction, repair and upgrades, textbooks, and other purposes ne... |
108hr5255ih | Authorization of appropriations
There are authorized to be appropriated to the National Science Foundation for carrying out this Act such sums as may be necessary for fiscal years 2005 through 2009. 3. Definition
For purposes of this Act, the term institution of higher education has the meaning given that term in sec... |
108hr4824ih | 1. Short title
This Act may be cited as the Extremely Hazardous Materials Transportation Security Act of 2004. 2. Rulemaking
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal, State, and loca... |
108hr4824ih | (b) Purposes of Regulations
The regulations shall be consistent, to the extent the Secretary determines appropriate, with and not duplicative of other Federal regulations and international agreements relating to the shipping of extremely hazardous materials and shall require— (1) physical security measures for such sh... |
108hr4824ih | (3) coordination with Federal, State, and local law enforcement authorities to create response plans for a terrorist attack on a shipment of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective and immediate communication between transporters of extremely hazard... |
108hr4824ih | or are otherwise involved in the shipping of extremely hazardous materials or who would respond to an accident or incident involving a shipment of extremely hazardous material or would have to repair transportation equipment and facilities in the event of such an accident or incident; and (6) for the transportation of ... |
108hr4824ih | (c) Judicial relief
A person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials and violates or fails to comply with a regulation issued by the Secretary under this section may be subject, in a civil action brought in United States district court,... |
108hr4824ih | (d) Administrative penalties
(1) Penalty orders
The Secretary may issue an order imposing an administrative penalty of not more than $1,000,000 for failure by a person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of hazardous materials to comply with a regulation... |
108hr4824ih | (2) Notice and hearing
Before issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed— (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a... |
108hr4824ih | Whistleblower protection
(a) In general
No person involved in the shippping of extremely hazardous materials may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person— (1) to provide information, cause information to be provi... |
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