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108hr4824ih
when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, disc...
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rule or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of shipments of extremely hazardous m...
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or (B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdic...
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(B) Exception Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person's employer. (C) Burdens of proof An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of tit...
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(c) Remedies (1) In general A person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages Relief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the person would have had, ...
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(d) Rights retained by person Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement. 4. Definitions In this Act, the following definitions apply: (1) Extremely hazardous material The term extr...
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(2) Area of concern The term area of concern means an area that the Secretary determines could pose a particular interest to terrorists.
108hr4472ih
1. Short title This Act may be cited as the Christopher Kangas Fallen Firefighter Apprentice Act. 2. Expansion of definition of firefighter to include apprentices and trainees Section 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b(4) ) is amended by inserting , regardless of age, ...
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Effective date The amendment made by this Act shall apply with respect to deaths and injuries which occur on or after May 4, 2002.
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1. Lieutenant John F. Finn Post Office (a) Designation The facility of the United States Postal Service located at 1475 Western Avenue, Suite 45, in Albany, New York, shall be known and designated as the Lieutenant John F. Finn Post Office. (b) References Any reference in a law, map, regulation, document, paper, or ...
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1. Designation The United States courthouse at 300 North Hogan Street, Jacksonville, Florida, shall be known and designated as the John Milton Bryan Simpson United States Courthouse. 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States court...
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1. Short title This Act may be cited as the Major Regulation Cost Review Act of 2004. 2. Requirement for periodic review of all major rules (a) Requirement Chapter 6 of title 5, is amended by inserting after section 610 the following new section: 610a.
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Periodic review of major rules (a) Requirement for review of major rules Not later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may ...
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(c) Review within five years The plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such...
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If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. (d) Fac...
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(3) The complexity of the rule. (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other fa...
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(e) Cost-benefit analysis The review shall include a cost-benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A–4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and con...
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(f) Publication of list of rules to be reviewed Each year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress b...
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The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. (g) Major rule defined In this section, the term major rule has the meaning provided by section 804 of this title.. (b) Clerical Amendment The table of secti...
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Periodic review of major rules (a) Requirement for review of major rules Not later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may ...
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(c) Review within five years The plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such...
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If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. (d) Fac...
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(3) The complexity of the rule. (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other fa...
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(e) Cost-benefit analysis The review shall include a cost-benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A–4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and con...
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(f) Publication of list of rules to be reviewed Each year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress b...
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The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. (g) Major rule defined In this section, the term major rule has the meaning provided by section 804 of this title. 3. Requirements for OMB relating to annual ...
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2763A–161), is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) a list of the major rules which are to be reviewed by each agency, during the year following the year in whi...
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(b) Requirement to use agency cost-benefit estimates in annual accounting statement Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106–554 ; 114 Stat. 2763A–161), is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and ...
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the Director of the Office of Management and Budget shall require each agency annually to submit to the Office of Management and Budget the cost-benefit analyses conducted under section 610a of title 5, United States Code, for major rules of the agency during the preceding year.
108hr5264ih
1. Amendments Section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following new subsection: (k) Sustained price increases Notwithstanding subsections (d) and (h) (except for paragraph (2)(A) and (B) of subsection (h)), the Secretary may draw down and sell petro...
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The Secretary may not reduce the capacity of the Strategic Petroleum Reserve under this subsection to less than 700,000,000 barrels of petroleum product.. 2. Savings provision Nothing in the amendment made by section 1 shall be construed to limit or alter the authority of the Secretary to draw down petroleum products ...
108hr4846ih
1. Short title This Act may be cited as the Social Security Number Privacy and Protection Act of 2004. 2.
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Alteration of Selective Service reminder mailback card to reduce risk of theft of social security account numbers Not later than two years after the date of the enactment of this Act, the Director of Selective Service shall alter the form of the Selective Service reminder mailback card, or the method by which the card...
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Elimination of social security account number from medicare, medicaid, and SCHIP identification cards (a) Medicare Section 1874 of the Social Security Act ( 42 U.S.C. 1395kk ) is amended by adding at the end the following new subsection: (d) Any individual identification or similar card issued to carry out this title...
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Nothing in this subsection shall be construed as preventing the use of social security account numbers for claims or other purposes under this title.. (b) Medicaid Section 1902(a)(48) of such Act ( 42 U.S.C. 1396a(a)(48) ) is amended by inserting before the semicolon at the end the following: and in issuing any indivi...
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(c) SCHIP Section 2102(b) of such Act ( 42 U.S.C. 1397bb(b) ) is amended by adding at the end the following new paragraph: (5) Restrictions on identification cards Any individual identification or similar card issued to carry out this title shall not contain the social security account number of any individual (inclu...
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Nothing in this paragraph shall be construed as preventing the use of social security account numbers for claims or other purposes under this title.. (d) Effective date The amendments made by this section shall take effect 2 years after the date of the enactment of this Act and shall apply to individual identification...
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Prohibition on use of social security account number on health care identification cards In issuing individual identification cards (or similar cards) for purposes of management of health care benefits under chapter 17 of this title, the Secretary shall provide that any such card that is issued after the end of the tw...
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Prohibition on use of social security account number on health care identification cards. 7335. Prohibition on use of social security account number on health care identification cards In issuing individual identification cards (or similar cards) for purposes of management of health care benefits under chapter 17 of t...
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Sense of Congress regarding removal of social security account numbers from identification and claims cards used by health insurers It is the sense of Congress that health insurers should not use social security account numbers on insurance identification or claims cards issued to beneficiaries, but should substitute ...
108hr4596ih
1. Eastern Washington University Land Transfer Authorization Extension Section 1(c) of Public Law 97–435 is amended by striking five years after the enactment of this Act and inserting on December 31, 2009.
108hr5161ih
1. Short title This Act may be cited as the The 9-11 Commission Combating Proliferation Implementation Act. 101. Office for combating the proliferation of weapons of mass destruction (a) Establishment There is established within the Executive Office of the President an office to be known as the Office for Combating ...
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(2) There shall be a Deputy Director of the Office, who shall— (A) assist the Director in carrying out the responsibilities of the Director under this title; and (B) serve as Acting Director in the absence of the Director and during any vacancy in the office of Director. (3) The Director and Deputy Director— (A) shall ...
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(c) Responsibilities Subject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) To develop policies, goals, objectives, and priorities for the United States for preventing the proliferation of weapons of mass destruction. (2) To serve as the principal a...
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(3) To develop a comprehensive strategy for the United States for the prevention of the proliferation of weapons of mass destruction, to be known as the Strategy for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Strategy ). (4) To coordinate, oversee, and evaluate the impl...
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(5) To direct the development of comprehensive annual budgets submitted under section 1105(a) of title 31, United States Code, for the programs and activities under the Strategy. (6) To certify to the President, prior to the submission to Congress of each annual budget under that section, whether the budget for each el...
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(7) To carry out any other responsibilities relating to development, coordination, funding, and implementation of United States policy on the prevention of the proliferation of weapons of mass destruction that the President considers appropriate. (d) Authorities of the director In carrying out subsection (c), the Dire...
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and modify the annual budgets of the elements of the prevention of the proliferation of weapons of mass destruction, in consultation with the heads of those elements; and (C) approve the budget of each element of the prevention of the proliferation of weapons of mass destruction before that budget may be provided to th...
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or (C) significantly increase programmatic efficiency; (3) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office; (4) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Gove...
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(5) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal agencies; (6) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of...
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including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations. (e) Personnel detailed to office (1) Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall p...
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(2) (A) Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; ...
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(C) The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule.
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(3) The maximum number of personnel who may be detailed to another department or agency (including the office) under subsection (d)(1) during any fiscal year is— (A) for the Department of Defense, 5; (B) for the Department of Energy, 5; (C) for the Department of State, 5; and (D) for any other department or agency, 2.
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(4) A transfer or detail under paragraph (1)(A) shall expire on the last day of the fiscal year after the fiscal year in which it is ordered by the Director unless extended by law or by an official having authority to extend it further. (f) Report on strategic plan (1) Not later than June 1, 2005, the Director shall s...
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(2) Not later than December 31 of each year after 2004, the Director shall submit to the Congress an updated Strategy and any such recommendations. (g) Global coalition (1) The Director shall develop the Strategy and, in consultation with the Secretary of State, carry out the programs for which the Director is respons...
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(2) In consultation with the Secretary of State, the Director shall seek to develop and provide leadership for a coalition of United States and foreign governments committed to achieving the prevention of the proliferation of weapons of mass destruction through programs similar to those specified in section 103.
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(h) Oversight by Congress The location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of Congress, to— (1) any information, document, record, or paper in the possession of the Office or any study conducted by or at the direction of the Di...
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(i) Pay of director and of deputy director Chapter 53 of title 5, United States Code, is amended— (1) in section 5312, by inserting after the item relating to the Chairman, Board of Governors of the Federal Reserve System the following new item: Director of the Office for Combating the Proliferation of Weapons of Mass...
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Request for corresponding Russian director It is the sense of the Congress that, as soon as practical, the President should personally request the President of the Russian Federation to designate an official of the Russian Federation having authorities and responsibilities for the prevention of the proliferation of we...
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Scope In this title: (1) The term prevention of the proliferation of weapons of mass destruction includes activities under— (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note); (B) the programs for whic...
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2458); (C) programs authorized by section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (the FREEDOM Support Act) ( 22 U.S.C. 5354 ) and programs authorized by section 1412 of the Former Soviet Union Demilitarization Act of 1992 ( 22 U.S.C.
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5902 ); and (D) a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the Director and the head of the agency. (2) The term weapons of mass destruction means chemical, biological, and nuclear weapons, and c...
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Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide (a) Sense of congress (1) It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiol...
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(2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b). (b) Program authorized The Secretary of Energy may carry out a program to undertake an accelerated, compreh...
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(c) Program elements (1) Activities under the program under subsection (b) may include the following: (A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide. (B) Arrangements for t...
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(C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States. (D) The processing and packaging of proliferation-attractive fissile materials, radiological m...
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(F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future. (G) The m...
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(I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide. (J) The developmen...
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(K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium. (L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment.
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(M) Programs to— (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and (ii) convert sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, ...
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(3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program. (d) Reports (1) No...
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(2) Not later than January 1, 2006, the Secretary shall submit to Congress a classified final report on the program under subsection (b) that includes the following: (A) A survey by the Secretary of the facilities and sites worldwide that contain proliferation-attractive fissile materials, radiological materials, or re...
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(C) A plan, including activities under the program under this section, for the removal, security, or both of proliferation-attractive fissile materials, radiological materials, or related equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the implem...
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(2) Additional funding (A) It is the sense of Congress that the Secretary of Energy should use funds for the program under this section in addition to the funds made available under paragraph (1). (B) Not later than 60 days after the date of enactment of this Act, the Secretary of Energy should submit a supplemental b...
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(f) Definitions In this section: (1) The term fissile materials means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or mi...
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(2) The term radiological materials includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226 and Strontium-90, Curium-244, Strontium-90, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph.
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(3) The term related equipment includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section. (4) The term highly-enriched uranium means uranium enriched to o...
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(6) The term proliferation-attractive , in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation. 301...
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Sense of Congress It is the sense of Congress that— (1) the President should strive to expand and strengthen the Proliferation Security Initiative announced by the President on May 31, 2003, placing particular emphasis on including countries outside of NATO; and (2) the United States should engage the United Nations t...
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Authorization of appropriations There are authorized to be appropriated for fiscal year 2005, $50,000,000 to conduct joint training exercises regarding interdiction of weapons of mass destruction under the Proliferation Security Initiative. Particular emphasis should be given to allocating money from this total— (1) t...
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Authorization of appropriations There are authorized to be appropriated for Cooperative Threat Reduction programs not less than— (1) $450,000,000 for fiscal year 2005; (2) $500,000,000 for fiscal year 2006; (3) $550,000,000 for fiscal year 2007; (4) $600,000,000 for fiscal year 2008; (5) $650,000,000 for fiscal year 2...
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Permanent waiver authority for chemical weapons destruction facility in Russia Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 shall not apply to the obligation and expenditure of funds during a fiscal year for the planning, design, or construction of a chemical weapons destruction facility...
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and (2) a plan to promote a full and accurate disclosure by the Russian Federation regarding the size, content, status, and location of its chemical weapons stockpile. 403. Removal of funding limitation on activities outside the former Soviet Union Section 1308(c) in the National Defense Authorization Act for Fiscal Y...
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Liability report Not later than April 1, 2005, and every 6 months thereafter, the President shall submit to Congress a report identifying liability concerns regarding, and impediments to, the renegotiation of the Cooperative Threat Reduction umbrella agreement and ongoing negotiations for the implementation of the Plu...
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Definition In this title, the term Cooperative Threat Reduction programs means the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note).
108hr4243ih
1. Credit for costs of college textbooks (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: 25C. College textbooks (a) In general In the case of an ind...
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(b) Limitation The credit allowed under subsection (a) for any taxable year shall not exceed $1,000. (c) Qualified individual For purposes of this section, the term qualified individual means the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction...
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(e) Special rules (1) Identification requirement No credit shall be allowed under subsection (a) to a taxpayer with respect to qualified college textbooks primarily used by a qualified individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the t...
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(3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such ind...
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(b) Clerical amendment The table of sections for such subpart is amended by inserting after the item relating to section 25B the following new item: Sec. 25C. College textbooks. (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of ...
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College textbooks (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount paid or incurred by such individual during the taxable year for qualified college textbooks which are used primarily by a qualified individual. (b) Li...
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(c) Qualified individual For purposes of this section, the term qualified individual means the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, but only while such individual is an eligible student (as defined in section 25A(b...
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(e) Special rules (1) Identification requirement No credit shall be allowed under subsection (a) to a taxpayer with respect to qualified college textbooks primarily used by a qualified individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the t...
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(3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such ind...
108hr4533ih
1. Short title This Act may be cited as the Air Tanker Emergency Release Act of 2004. 2. Reinstatement of canceled contracts for large air tankers (a) Owner Requirements At the request of the owner of a large air tanker whose contract to provide aerial firefighting services was canceled on May 10, 2004, by the Secre...
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(2) proof of a valid supplemental certificate (or its equivalent) for installation of retardant tank and gating systems used for fire retardant drops issued by the Federal Aviation Administration; (3) a completed form issued and approved by the Federal Aviation Administration for major repair and alteration (such as ai...
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(b) Department Requirements Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall provide to the owner of a large air tanker seeking contract reinstatement a copy of any form issued in 2004 by the Department of Agriculture, signed by the owner of a large tanker and the Nati...
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(c) Contract termination A contract reinstated under this section shall terminate on December 31, 2004, or such earlier date as an owner of a large air tanker may request from the Secretary of Agriculture.
108hr4706ih
1. Short title This Act may be cited as the Fisheries Management Reform Act of 2004. 2. Amendment references Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be...