United States · United States Congress · 13 March 2003
Access to Cancer Therapies Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to extend Medicare coverage to all oral drugs prescribed for use as an anticancer agent for a medically accepted indication.
United States · United States Congress · 12 March 2003
Abolishment of Obsolete Agencies and Federal Sunset Act of 2003 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
United States · United States Congress · 12 March 2003
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program and TRICARE supplemental premiums on a pretax basis; and (2) a deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums and enrollment fees. Sets an implementation deadline of the first open enrollment period beginning not less than 90 days following enactment.
United States · United States Congress · 12 March 2003
Constitutional Amendment - States that: (1) equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex; (2) Congress shall have the power to enforce, by appropriate legislation, the provisions of this article; and (3) this amendment shall take effect two years after the date of ratification.
United States · United States Congress · 6 March 2003
Civil Rights Tax Relief Act of 2003 - Amends the Internal Revenue Code to exclude from gross income amounts received by a claimant on account of claims based on unlawful discrimination (as defined). Permits income averaging for backpay and frontpay awards received on account of such claims.
United States · United States Congress · 6 March 2003
Amends the Rules of the House of Representatives to direct the chairman of the Budget Committee to maintain a Discretionary Spending Ledger, divided into entries corresponding to Appropriations Committee subcommittees. States that each entry will consist of the Deficit Reduction Safeguard Balance which may be credited with any reductions in new budget authority offered in an amendment to an appropriation bill. Requires such chairman to maintain a Mandatory Spending Ledger, divided into entries corresponding to the House Committees receiving budget allocations, excluding Appropriations. States that each entry will consist of the First Year Deficit Reduction Safeguard Balance and the Five Year Deficit Reduction Safeguard Balance which may be credited with applicable reductions in new budget authority offered in an amendment to a bill. Permits such reductions to be used to offset an increase in other new budget authority or remain within the applicable allocation. Prohibits the entry of a negative amount. Requires the chairman to maintain and make available to Members running tallies of the amendments adopted, reflecting increases and decreases of budget authority in bills as reported.
United States · United States Congress · 4 March 2003
American History and Civics Education Act of 2003 - Directs the Chairperson of the National Endowment for the Humanities (NEH) to award competitive grants to nonprofit educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics. Directs the NEA Chairperson to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics.
United States · United States Congress · 4 March 2003
Pancreatic Islet Cell Transplantation Act of 2003 - Amends the Public Health Service Act to include pancreases procured by an organ procurement organization and used for islet cell transplantation or research to be counted toward organ procurement organization certification. Establishes the Interagency Committee on Islet Cell Transplantation within the Department of Health and Human Services (HHS). Requires the Committee to study related issues, including Federal research funding, the effect of specified policies on transplantation, and data collection. Instructs the Secretary of HHS to request the Institute of Medicine to provide a study of the impact of islet cell transplantation on juvenile diabetes patients, including their health and the treatment's cost-effectiveness. Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish a demonstration project to assess the efficacy of pancreatic cell islet transplantation for individuals who: (1) have Type I (juvenile) diabetes; and (2) have end-stage renal disease; and (3) are Medicare beneficiaries. Establishes reporting requirements.
United States · United States Congress · 4 March 2003
Freedom's Way National Heritage Area Act - Establishes the Freedom's Way National Heritage Area encompassing 36 communities in Massachusetts and six communities in New Hampshire that have made important and distinctive contributions to the national character of America.
United States · United States Congress · 27 February 2003
Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.
United States · United States Congress · 27 February 2003
Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2003, to repeal the provision permitting a farm to be certified as organic with respect to livestock produced on such farm if it uses non-organically produced feed under certain cost-based circumstances.
United States · United States Congress · 26 February 2003
Patient Navigator, Outreach, and Chronic Disease Prevention Act of 2003 - Amends the Public Health Service Act to authorize: (1) the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration; (2) the Director of the National Cancer Institute; and (3) the Director of the Indian Health Service to make grants for model programs to provide services for cancer and chronic diseases to individuals of health disparity populations. Requires that these services: (1) be provided in a culturally competent way; (2) include patient navigators to help with finding services and follow-up care; and (3) include ongoing outreach activities. Conditions grants on the presence of a fee schedule consistent with prevailing rates and a fee discount schedule which provides fee adjustments based on ability to pay. Evaluates services according to a peer-reviewed model according to best practices. Limits the grants to five years.
United States · United States Congress · 26 February 2003
Jurisdictional Certainty Over Digital Commerce Act - Reserves solely to the Federal Government the responsibility and authority to regulate digital commercial transactions. Prohibits: (1) any State or political subdivision from enacting or enforcing any provision regulating such transactions; or (2) the delegation of such responsibility or authority to any State. Makes such reservation inapplicable to non-digital commercial transactions, and makes this Act inapplicable to Uniform Commercial Code requirements in effect in any State.
United States · United States Congress · 25 February 2003
Local Railroad Rehabilitation and Investment Act of 2003- Amends the Internal Revenue Code to establish a railroad track maintenance credit for qualified railroad track maintenance expenditures with respect to which the expenditures were paid or incurred by the taxpayer for the taxable year for Class II or Class III railroads.
United States · United States Congress · 25 February 2003
Recognizes: (1) the achievements of the Ford Motor Company on the occasion of its 100th anniversary; (2) the Company's impact on the lives of Americans and people of all nations; and (3) that Ford will continue to have an even greater impact and will enhance personal mobility for generations to come.
United States · United States Congress · 13 February 2003
Public Safety Employer-Employee Cooperation Act of 2003 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
United States · United States Congress · 13 February 2003
The American Horse Slaughter Prevention Act - Prohibits a person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horseflesh or horses for human consumption; (3) selling, bartering, transferring, receiving, or distributing horseflesh or horses for human consumption; or (4) soliciting or knowingly causing any such actions. Sets forth provisions respecting: (1) criminal and civil penalties; (2) enforcement authority of the Secretary of Agriculture; (3) placement of confiscated horses; (4) euthanasia of unplaceable or severely injured or diseased horses; (4) funding of animal rescue facilities; and (5) exemptions.
United States · United States Congress · 13 February 2003
Morris K. Udall Arctic Wilderness Act - Designates specified lands within the Arctic National Wildlife Refuge as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 13 February 2003
Artists' Contribution to American Heritage Act of 2003 - Amends the Internal Revenue Code to provide a fair market value (determined at time of contribution) deduction for charitable contributions of literary, musical, artistic, scholarly compositions, or the copyright created by a qualifying donor. Exempts certain non-personal letters and memoranda from such treatment. Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act).
United States · United States Congress · 13 February 2003
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.
United States · United States Congress · 12 February 2003
ADA Notification Act - Amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. States that, if a complainant fails to provide such an opportunity, the court: (1) shall impose an appropriate sanction upon the attorneys involved (notwithstanding the court's lack of jurisdiction to proceed with the action); and (2) may not allow plaintiff's attorneys' fees or costs (including litigation expenses) even if the notification criteria are subsequently met and the civil action proceeds.
United States · United States Congress · 5 February 2003
Dr. Martin Luther King, Jr., Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the life and works of Dr. Martin Luther King, Jr.
United States · United States Congress · 5 February 2003
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2003 - Makes changes to the health care liability system, including compensation for injured patients and other issues arising out of health care law suits. Requires a suit to be brought within three years of the date of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first. Specifies exceptions when a suit may be brought later than three years after the date of injury. Sets forth requirements and permissible recovery amounts for compensating patient injury, including: (1) the full amount of economic loss without limitation; (2) noneconomic damages as specified; and (3) a fair share rule. Requires the court to supervise payment-of-damage arrangements, limiting contingency fees. Permits the introduction of evidence of collateral source benefits, except that this section shall not apply to provisions of the Social Security Act pertaining to State plans for medical assistance and Medicare as secondary payer. Limits the availability of punitive damages, requiring clear and convincing evidence of malicious intent to injure or a deliberate failure to avoid substantially certain, unnecessary injury. Prohibits their award for products that comply with Food and Drug Administration (FDA) standards, except if the manufacturer or distributor of a particular medical product or the supplier of a component or raw material of such a product causes harm by failing to comply with a specific requirement of the Federal Food, Drug and Cosmetic Act. Authorizes periodic payment of future damages to claimants. Excludes suits for vaccine-related death or injury from the requirements of this Act if otherwise covered under the National Vaccine Injury Compensation Program. Preempts State law unless such law imposes greater protections for health care providers and organizations from liability, loss, or damages. Expresses the sense of Congress that a health insurer should be liable for damages for harm caused when it makes a decision as to what care is medically necessary and appropriate.
United States · United States Congress · 4 February 2003
Authorizes the President to award a gold medal to each of the seven crew members who perished aboard the space shuttle Columbia: Rick D. Husband; Michael P. Anderson; Laurel Clark; David M. Brown; William C. McCool; Kapana Chawla; and Ilan Ramon.
United States · United States Congress · 29 January 2003
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
United States · United States Congress · 29 January 2003
Recognizes that a strong domestic steel industry and strong domestic manufacturing base are vital to national defense and economic security. Urges the President to request the United States International Trade Commission, in addition to monitoring and reporting on certain enumerated items in section 204 of the Trade Act of 1974 with respect to the tariff increases and tariff rate quotas proclaimed by the President on March 5, 2002, on certain steel imports, to also monitor and report on the impact of the temporary safeguards on domestic steel consuming industries.
United States · United States Congress · 28 January 2003
Do-Not-Call Implementation Act - Authorizes the Federal Trade Commission to promulgate regulations establishing fees to implement and enforce provisions relating to the "do-not-call" registry of the Telemarketing Sales Rule (provisions which prohibit a telemarketer from calling an individual listed on a do-not-call registry), as promulgated under the Telephone Consumer Fraud and Abuse Prevention Act. Allows such fees to be collected for FY 2003 through 2007. Directs the Federal Communications Commission to issue a final rule pursuant to a rulemaking proceeding begun under the Telephone Consumer Protection Act concerning its promulgation of do-not-call regulations.
United States · United States Congress · 27 January 2003
American Spirit Fraud Prevention Act - Amends the Federal Trade Commission Act to: (1) double civil penalties imposed for committing unfair or deceptive acts or practices if such acts or practices exploit popular reaction during a presidentially declared emergency or disaster period; and (2) direct the court to impose a monetary civil penalty on a person found in an action seeking a temporary restraining order or preliminary injunction to have committed such a violation (including dissemination of a false advertisement) during such period.
United States · United States Congress · 8 January 2003
Retired Pay Restoration Act of 2003 - Permits retired members of the armed forces with service-connected disabilities to be paid both military retired pay and veterans' disability compensation. Repeals provisions providing for special compensation for certain severely disabled military retirees and certain combat-related disabled uniformed services retirees.
United States · United States Congress · 8 January 2003
Inflammatory Bowel Disease Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand activities addressing inflammatory bowel disease, emphasizing genetic, animal model, and clinical research. Requires the Director of the Centers for Disease Control and Prevention to establish a national program of prevention and epidemiology concerning such disease, addressing its prevalence and public and professional awareness. Directs the Institute of Medicine of the National Academies of Science to study public and private insurance standards for coverage of inflammatory bowel therapies. Directs the General Accounting Office to study problems inflammatory bowel disease patients have applying for disability insurance benefits under the Social Security Act.
United States · United States Congress · 8 January 2003
Housing Bond and Credit Modernization and Fairness Act of 2003 - Amends the Internal Revenue Code to: (1) repeal the required use of certain principal repayments on mortgage subsidy bond financings to redeem bonds; (2) modify the purchase price limitation under mortgage subsidy bond rules based on median family income; and (3) define the term "area median gross income" for low-income housing credit projects.
United States · United States Congress · 8 January 2003
Veterans Equal Treatment Act - Requires the Secretary of Veterans Affairs to: (1) discontinue the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Equitable Resource Allocation system at the end of the fiscal year in which this Act is enacted; and (2) develop a new formula for the allocation of funds to the national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs. Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions.
United States · United States Congress · 7 January 2003
Museum and Library Services Act of 2003 - Amends the Museum and Library Services Act (MLSA) and the Library Services and Technology Act (LSTA, which is subchapter B of MLSA) to extend authorizations of appropriations and revise programs under such Acts. Prohibits projects which are determined to be obscene from receiving funds under MLSA. Amends MLSA to establish the National Museum and Library Services Board, within the Institute of Museum and Library Services (IMLS). (Eliminates a National Museum Services Board.) Requires the IMLS Director to: (1) ensure coordination with certain activities under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (Public Law 107-110), and other Federal activities; and (2) conduct and publish analyses of museum and library services impact. Revises requirements for annual national awards to outstanding libraries and museums that have made significant contributions in service to their communities. Includes specified entities under the term museum, for MLSA purposes. Revises museum services activities. Entitles subchapter C of MLSA as the Museum Services Act. Amends LSTA to provide for: (1) an increased portion for administrative costs; (2) an increased alternative minimum allotment to States under certain conditions; (3) State plans once every five years, as determined by the IMLS Director; (4) additional uses of grants to States for library programs; and (5) recruitment of library and information science personnel under the program of national leadership grants, contracts, and cooperative agreements. Repeals requirements under the National Commission on Libraries and Information Science Act relating to Commission responsibilities to: (1) advise the IMLS Director; and (2) meet with the National Museum Services Board, which is eliminated by this Act.
United States · United States Congress · 7 January 2003
Keep Our Promise to America's Military Retirees Act - Includes as an employee, for purposes of Federal provisions authorizing enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member. Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.
United States · United States Congress · 7 January 2003
Rural Equity Payment Index Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a minimum geographic cost-of-practice index value for physicians' services furnished under the Medicare program.
United States · United States Congress · 7 January 2003
Death Tax Permanency Act of 2003 - Amends title IX (Compliance with Congressional Budget Act) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) to repeal the sunset provisions applicable to title V (Estate, Gift, and Generation-Skipping Transfer Taxes) of such Act. (Makes estate tax repeal permanent.) States that such amendments shall take effect as if included in section 901 of such Act.
United States · United States Congress · 7 January 2003
Disapproves the rule submitted by the Centers for Medicare & Medicaid Services, Department of Health and Human Services, relating to revisions to payment policies under the Medicare physician fee schedule for calendar year 2003, and the inclusion of registered nurses in the personnel provision of the critical access hospital emergency services requirement for frontier areas and remote locations.
United States · United States Congress · 2 October 2002
Center for International Human Rights Act of 2002 - Declares that Congress finds that a private, nonprofit corporation known as the Center for International Human Rights has been established in the District of Columbia to: (1) establish programs to promote, monitor, and analyze the status of human rights throughout the world; (2) investigate allegations of human rights violations in conjunction with private and governmental organizations; (3) sponsor fellows to study international human rights issues at the Center; (4) carry out a conference series to bring together international human rights experts to discuss and disseminate information; and (5) make grants to and cooperative agreements with non-governmental organizations to promote human rights, giving priority to indigenous human rights organizations in countries the governments of which violate such rights. Authorizes the Secretary of State to make an annual grant to the Center.
United States · United States Congress · 26 September 2002
Encourages all Americans to learn about the importance of bone marrow donation and to become a bone marrow donor by joining the National Marrow Donor Program Registry. Supports the goals of National Marrow Awareness Month, especially efforts to increase the number of minority donors and to educate Americans about bone marrow donation and transplants.
United States · United States Congress · 26 July 2002
Prescription Drug Affordability Act - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions concerning the timing of generic drug availability. Requires applicants (pharmaceutical companies) to register their patents with the Food and Drug Administration (FDA) within 30 days of approval (or issuance for subsequently issued patents). Makes failure to timely register a bar to civil actions for patent infringement. Requires applications for new drugs (NDA) or abbreviated new drug applications (ANDA) which rely upon investigations not conducted by or for the applicant and which concern a patent that claims both the drug and a method of use or more than one method of use to include a certification on a claim-by-claim basis that the patent is invalid or will not be infringed (known as a Paragraph IV filing/certification) by the new drug's (generic) manufacture and a statement regarding the method(s) of use claim. Prohibits (for subsequently issued patents) an extension of the 30 month stay of FDA approval for any new drug where an ANDA or NDA contains a Paragraph IV filing/certification and the patent holder indicates an intention to bring a patent infringement suit against the new (generic) drug's manufacturer. Makes failure to timely file a civil action for infringement a bar to later action. Requires the first generic applicant with a Paragraph IV filing to forfeit the 180 day marketing exclusivity period to a subsequent generic applicant if the first generic applicant engages in certain behaviors (forfeiture events) which delay or prevent the marketing of the generic drug. Revises notice requirements for Paragraph IV filings to include and protect certain proposed formulation, composition, or method of use information. Excludes an applicants's ability to pay damages from a court's consideration of whether or not to provide injunctive relief before the expiration of the 30 month stay of approval period.
United States · United States Congress · 23 July 2002
Water Quality Investment Act of 2002 - Amends the Federal Water Pollution Control Act to authorize appropriations through FY 2004 for grants for planning, design, and construction of treatment works to control or treat municipal combined sewer overflows and sanitary sewer overflows. Extends the requirements for a report on funding levels.
United States · United States Congress · 27 June 2002
Corporate Governance and Market Integrity Commission Act - Establishes the Market Integrity Commission to study and report to Congress and the President on: (1) issues related to corporate governance; (2) the impact of corporate governance practices on the development, growth, and regulation of interstate and foreign commerce, including the effect of such practices on the market economy and on consumers; and (3) recommendations for legislation to improve the problems identified.
United States · United States Congress · 26 June 2002
Expresses the sense of the House of Representatives that: (1) the Pledge of Allegiance, including the phrase "One Nation, under God," reflects the historical fact that a belief in God permeated the founding and development of our Nation; (2) the Ninth Circuit Court of Appeals's ruling is inconsistent with the U.S. Supreme Court's First Amendment jurisprudence that the Pledge and similar expressions are not unconstitutional expressions of religious belief; (3) such phrase should remain in the Pledge; and (4) the Ninth Circuit should agree to rehear this ruling en banc in order to reverse this constitutionally infirm and historically incorrect ruling.
United States · United States Congress · 24 June 2002
Homeland Security Act of 2002 - Establishes a Department of Homeland Security (HLS), as an executive department of the United States, headed by a Secretary of Homeland Security who shall be appointed by the President, by and with the advice and consent of the Senate. States that the primary mission of HLS is to: (1) prevent terrorist attacks within the United States; (2) reduce the vulnerability of the United States to terrorism; and (3) minimize the damage, and assist in the recovery, from terrorist attacks that occur within the United States. Includes as HLS's primary responsibilities: (1) information analysis and infrastructure protection; (2) chemical, biological, radiological, nuclear, and related countermeasures; (3) border and transportation security; (4) emergency preparedness and response; and (5) coordination (including the provision of training and equipment) with other executive agencies, with State and local government personnel, agencies, and authorities, with the private sector, and with other entities. Places responsibility with HLS for carrying out other functions of entities transferred to it as provided by law. Creates: (1) a Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of details; (2) an Under Secretary for Information Analysis and Infrastructure Protection; (3) an Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures; (4) an Under Secretary for Border and Transportation Security; (5) an Under Secretary for Emergency Preparedness and Response; (6) an Under Secretary for Management; and (7) not more than six Assistant Secretaries. Establishes an Inspector General (to be appointed under the Inspector General Act of 1978), and enlists the Commandant of the Coast Guard and the Director of the Secret Service as well, to assist the Secretary in the performance of his functions. Includes as the primary responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection: (1) receiving and analyzing law enforcement information, intelligence, and other information in order to understand the nature and scope of the terrorist threat to the American homeland and to detect and identify potential threats of terrorism within the United States; (2) comprehensively assessing the vulnerabilities of the key resources and critical infrastructures in the United States; (3) integrating relevant information, intelligence analyses, and vulnerability assessments (whether provided or produced by the Department or others) to identify protective priorities and support protective measures by the Department, other executive agencies, State and local government personnel, agencies, and authorities, the private sector, and other entities; (4) developing a comprehensive national plan for securing the key resources and critical infrastructures in the United States; (5) taking or seeking to effect necessary measures to protect the key resources and critical infrastructures in the United States; (6) administering the Homeland Security Advisory System, exercising primary responsibility for public threat advisories, and providing specific warning information to State and local government personnel, agencies, and authorities, the private sector, other entities, and the public, as well as advice about appropriate protective actions and countermeasures; and (7) reviewing, analyzing, and making recommendations for improvements in the policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to homeland security within the Federal government and between it and State and local government personnel, agencies, and authorities. Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the National Infrastructure Protection Center of the Federal Bureau of Investigation (FBI) (other than the Computer Investigations and Operations Section); (2) the National Communications System of the Department of Defense; (3) the Critical Infrastructure Assurance Office of the Department of Commerce; (4) the Computer Security Division of the National Institute of Standards and Technology; (5) the National Infrastructure Simulation and Analysis Center of the Department of Energy; and (6) the Federal Computer Incident Response Center of the General Services Administration. Gives the Secretary access to all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of HLS responsibility, and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not it has been analyzed, that may be collected, possessed, or prepared by any executive agency, except as otherwise directed by the President. Requires all executive agencies promptly to provide to the Secretary: (1) all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of HLS responsibility; (2) all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not it has been analyzed; (3) all information relating to significant and credible threats of terrorism in the United States, whether or not it has been analyzed, if the President has granted the Secretary such access; and (4) such other material as the President may further provide. Requires the Secretary to ensure: (1) that any such material is protected from unauthorized disclosure and handled and used only for the performance of official duties; and (2) that any shared intelligence information shall be transmitted, retained, and disseminated consistent with the authority of the Director of Central Intelligence to protect intelligence sources and methods, or appropriate similar authorities of the Attorney General concerning sensitive law enforcement information. Exempts from the Privacy Act any information in the Department's possession provided voluntarily by non-Federal entities or individuals with respect to infrastructure vulnerabilities or other vulnerabilities to terrorism. Includes as the primary responsibilities of the Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures: (1) securing the people, infrastructures, property, resources, and systems in the United States from acts of terrorism involving chemical, biological, radiological, or nuclear weapons or other emerging threats; (2) conducting a national scientific research and development (R&D) program to support the mission of HLS; (3) establishing priorities for, directing, funding, and conducting national research, development, and procurement of technology and systems for preventing the importation of chemical, biological, radiological, nuclear, and related weapons and material, and for detecting, preventing, protecting against, and responding to terrorist attacks that involve such weapons or material; and (4) establishing guidelines for State and local government efforts to develop and implement countermeasures to threats of chemical, biological, radiological, and nuclear terrorism, and other emerging terrorist threats. Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the select agent registration enforcement programs and activities of the Department of Health and Human Services (HHS); (2) the National Bio-Weapons Defense Analysis Center of the Department of Defense; and (4) the Plum Island Animal Disease Center of the Department of Agriculture. Transfers to the Secretary the following programs and activities of the Department of Energy: (1) the chemical and biological national security and supporting programs and activities of the non-proliferation and verification R&D program; (2) the nuclear smuggling programs and activities, and other programs and activities directly related to homeland security, within the proliferation detection program of the non-proliferation and verification R&D program; (3) the nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program; (4) the energy security and assurance program and activities; (5) certain life sciences activities of the biological and environmental research program related to microbial pathogens; (6) the Environmental Measurements Laboratory; and (7) the advanced scientific computing research program and activities, and the intelligence program and activities, at Lawrence Livermore National Laboratory. Directs the Secretary to carry out his civilian human health-related biological, biomedical, and infectious disease defense R&D (including vaccine R&D) responsibilities, with authority to set priorities, through HHS (including the Public Health Service), under agreements with the Secretary of HHS. Authorizes the Secretary to transfer funds to the Secretary of HHS in connection with such agreements. Provides that nothing in this Act, except as specifically provided, shall confer upon the Secretary any authority to engage in warfighting, the military defense of the United States, or other traditional military activities. Includes as the primary responsibilities of the Under Secretary for Border and Transportation Security: (1) preventing the entry of terrorists and the instruments of terrorism into the United States;(2) securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating governmental activities at ports of entry; (3) administering the immigration and naturalization laws of the United States, including establishing rules for the granting of visas, parole, or other forms of permission to enter the United States to individuals who are not citizens or lawful permanent residents; (4) administering Federal customs laws; and (5) in carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce. Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the United States Customs Service of the Department of the Treasury; (2) the Immigration and Naturalization Service of the Department of Justice; (3) the Animal and Plant Health Inspection Service of the Department of Agriculture; (4) the Coast Guard of the Department of Transportation, which shall be maintained as a distinct entity within HLS; (5) the Transportation Security Administration of the Department of Transportation, including related functions of the Under Secretary of Transportation for Security; and (6) the Federal Protective Service of the General Services Administration. Grants the Secretary: (1) exclusive authority, through the Secretary of State, to issue regulations with respect to, administer, and enforce the Immigration and Nationality Act and all other immigration and nationality laws relating to the functions of diplomatic and consular officers of the United States in connection with the granting or refusal of visas; and (2) authority to confer or impose upon any officer or employee of the United States, with the consent of the executive agency under whose jurisdiction such officer or employee is serving, any of these specified functions. Authorizes the Secretary of State to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the interests of the United States. Includes as the primary responsibilities of the Under Secretary for Emergency Preparedness and Response: (1) helping to ensure the preparedness of emergency response providers for terrorist attacks, major disasters, and other emergencies; (2) establishing standards for the Nuclear Incident Response Team, conducting joint and other exercises and training; (3) providing the Federal government's response to terrorist attacks and major disasters; (4) aiding recovery from terrorist attacks and major disasters; (5) building a comprehensive national incident management system with Federal, State, and local governments to respond to such attacks and disasters; (6) consolidating existing Federal government emergency response plans into a single, coordinated national response plan; and (7) developing comprehensive programs for interoperative communications technology, and their acquisition by emergency response providers. Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the Federal Emergency Management Agency; (2) the Office for Domestic Preparedness of the Office of Justice Programs; (3) the National Domestic Preparedness Office of the FBI; (4) the Domestic Emergency Support Teams of the Department of Justice; (5) the Office of the Assistant Secretary for Public Health Emergency Preparedness (including the Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System) of HHS; and (6) the Strategic National Stockpile of HHS. Provides that at the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency), the Nuclear Incident Response Team (including certain entities of the Environmental Protection Agency and the Department of Energy) shall operate as an organizational unit of HLS under the Secretary's authority and control. Directs the Secretary to carry out through HHS (including the Public Health Service), under agreements with the Secretary of HHS, all biological, chemical, radiological, and nuclear preparedness-related construction, renovation, and enhancement of security for research and development or other facilities owned or occupied by HHS. Directs the Secretary to carry out specified HHS public health-related activities assisting State and local government, non-Federal public and private health care facilities and providers, and public and non-profit health and educational facilities to prepare for, prevent, and respond to biological, chemical, radiological, and nuclear events and public health emergencies, by means including direct services, technical assistance, communications and surveillance, education and training activities, and grants. Places the HLS Inspector General under the authority, direction, and control of the Secretary with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning various specified matters including intelligence, counterintelligence, or counterterrorism matters. Transfers to the Secretary the functions, personnel, assets, and liabilities of the United States Secret Service, which shall be maintained as a distinct entity within the Department. Authorizes the Secretary, in regulations prescribed jointly with the Director of the Office of Personnel Management, to establish a human resources management system for the organizational units of HLS which shall be flexible, contemporary, and grounded in the public employment principles of merit and fitness. Grants the Secretary limited authority to: (1) reorganize HLS by allocating or reallocating functions within HLS and by establishing, consolidating, altering, or discontinuing organizational units within HLS; and (2) transfer funding between appropriations accounts upon 15 days notice to congressional appropriations committees. Establishes in the Department of Defense a National Bio-Weapons Defense Analysis Center whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction.
United States · United States Congress · 18 June 2002
Medicare Modernization and Prescription Drug Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) under which each individual who is entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is entitled to obtain qualified prescription drug coverage by electing to enroll: (1) in a plan that provides qualified prescription drug coverage under the Medicare+Choice program under SSA title XVIII part C (Medicare+Choice) (M+C); or (2) in a prescription drug plan (PDP) under part D if the individual is not enrolled in a M+C plan providing qualified prescription drug coverage. Outlines standard coverage benefit packages for FY 2005. Includes for the standard package an annual deductible of $250, and requires insurers under such package to cover 80 percent of enrollees drug costs from $251 to $1,000, then 50 percent of such costs between $1,001 and the initial coverage limit of $2,000. Requires enrollees to cover all costs between $2,001 and $4,500, and Medicare to cover the entire cost once the beneficiary has reached the $4,500 catastrophic limit. Prescribes a formula for adjustment of the deductible and thresholds for years after 2005. Establishes a competitive bidding process for negotiating the terms and conditions of PDP sponsors. Provides for full premium subsidy and reduction of cost-sharing for individuals with incomes below 150 percent of the Federal poverty level. Contains subsidy payments for qualifying entities to promote the participation of PDP sponsors. Amends SSA title XVIII part C to: (1) provide for the offering of qualified prescription drug coverage under M+C; and (2) create a competitive bidding program for M+C organizations. Sets out a new Medicare prescription drug discount card endorsement program under Medicare. Makes a number of other changes with regard to Medicare: (1) part A concerning rural health care, inpatient hospital services, skilled nursing facility services, and hospices; (2) part B concerning physicians services and other services; and (3) part A and B concerning home health services, direct graduate medical education, and other provisions. Amends SSA title XVIII part E (Miscellaneous) (previously part D) to include a number of regulatory, contracting, and administrative changes. Establishes the National Bipartisan Commission on the Future of Medicaid. Amends the Federal Food, Drug, and Cosmetic Act to add requirements for interstate Internet sellers of prescription drugs. Establishes within the Office of the Director of the National Institutes of Health the Office of Rare Diseases. Amends the Internal Revenue Code to make specified health-care related tax changes.