United States · United States Congress · 12 April 2003
Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 - Declares the sense of Congress that: (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command; (2) the Government of Syria should take other specified steps to withdraw its armed forces from Lebanon, halt development of certain weapons, halt illegal imports and transshipments of Iraqi oil and illegal sales and supplies of weapons and military-related equipment to Iraq; (3) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982) (Security Council Resolution 520); (4) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; (5) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence; and (6) being in violation of several key United Nations Security Council resolutions and pursuing policies which undermine international peace and security, Syria should not have been permitted to join the United Nations Security Council or serve as the Security Council's President, and should be removed from the Security Council. Declares that it is U.S. policy: (1) Syria will be held responsible for attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (2) the United States shall impede Syria's ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (3) the Secretary of State will continue to list Syria as a state sponsor of terrorism until it ends support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with U.S. law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (4) efforts against Hizballah will be expanded given the recognition that Hizballah is equally or more capable than al Qaeda; (5) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the U.S. national security interest; (6) Syria is in violation of Security Council Resolution 520 through its continued occupation of Lebanese territory and its encroachment upon its political independence; (7) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli-Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (8) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and U.S. national security interests; (9) Syria is in violation of United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions through its continued purchase of oil from Iraq and shipments of weapons and other military equipment to Iraq; (10) Syria will be held accountable for any harm to Coalition armed forces of Operation Iraqi Freedom caused by shipments of military supplies from Syria to Iraq; and (11) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and medium and long range surface to surface ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. Sets forth the following penalties against Syria until the President determines and certifies to Congress that Syria meets the requirements of this Act. Directs the President to prohibit the export to Syria of any item, including the issuance of an export license, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations. Requires the President, at the same time, to impose two or more of the following sanctions: (1) prohibit the export to Syria of U.S. products (other than food and medicine); (2) prohibit U.S. businesses from investing or operating in Syria; (3) restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively; (4) prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States; (5) reduce U.S. diplomatic contacts with Syria (other than those required to protect U.S. interests or carry out the purposes of this Act); and (6) block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to U.S. jurisdiction. Authorizes the President to waive such sanctions for one or more six-month periods if the President determines that it is in the vital national security interest of the United States to do so and reports his reasons to Congress. Authorizes the President to provide development assistance to Syria and Lebanon under the Foreign Assistance Act of 1961 if he certifies to Congress that: (1) Syria meets the requirements of this Act; (2) substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and (3) the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under Security Council Resolution 520. Requires annual reports to the appropriate congressional committees on Syria's progress in complying with the requirements of this Act.
United States · United States Congress · 10 April 2003
Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting a minor across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the minor resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor. Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act. Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the minor obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the minor resides, took place. Authorizes any parent who suffers harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.
United States · United States Congress · 10 April 2003
Designates the United States Postal Service facility located at 1502 East Kiest Boulevard in Dallas, Texas, as the Dr. Caesar A.W. Clark, Sr. Post Office Building.
United States · United States Congress · 31 March 2003
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Prime Minister Tony Blair of the United Kingdom in recognition of his outstanding and enduring contributions to maintaining the security of all freedom-loving nations. Requires the Secretary of the Treasury to: (1) strike such gold medal (and authorizes the Secretary to strike and sell duplicate bronze medals); and (2) deposit sums received from the sale of the bronze medals into the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 27 March 2003
Parental Notification and Intervention Act of 2003 - Prohibits any person or organization from performing, permitting facilities to be used to perform, or assisting in the performance of an abortion on an unemancipated minor under age 18, without: (1) clear and convincing evidence of physical abuse of the minor by the parent and the provision of written notification to the parents; (2) compliance with a 96-hour waiting period after notice has been received by the parents; and (3) compliance with judicial intervention procedures. Prescribes penalties of up to ten years' imprisonment and/or a $1 million fine for violating such prohibition. Provides for an exception where a physician without principal responsibility for making the decision to perform the abortion determines that: (1) a medical emergency exists due to a grave, physical disorder or disease that would cause the minor's death if an abortion is not performed; (2) parental notification is not possible as a result of the emergency; and (3) certifications and determinations to that effect have been entered in the minor's medical records. Requires parental notification through certified mail or personal delivery. Authorizes a notified parent to bring an action in Federal district court which shall enjoin the abortion: (1) until the court's judgment is final; or (2) permanently unless the court determines that granting such relief would be unlawful.
United States · United States Congress · 26 March 2003
Commends the bravery and professionalism of members of the U.S. armed forces and its coalition partners. Extends sympathies to the families of such members who are killed, wounded, missing in action, or taken prisoners of war in Iraq. Condemns the failure of Iraqi authorities to treat prisoners of war in strict conformity with Geneva Convention. Demands that Iraqi authorities: (1) abide by the principles and obligations of such Convention; and (2) permit the Red Cross to visit any and all American and any other prisoners of war at the earliest possible time. Joins the President in warning all Iraqi authorities that any individual who mistreats such prisoners of war shall be considered a war criminal and prosecuted to the fullest extent of U.S. and international law. Expresses support for the President in: (1) committing the U.S. Government to the repatriation of all prisoners of war at the earliest possible moment; and (2) seeking the fullest possible accounting, at the earliest possible time, of all members of the U.S. armed forces who are in a missing status as a result of operations during Operation Iraqi Freedom.
United States · United States Congress · 12 March 2003
Adoption Information Act - Amends the Public Health Service Act to limit grants or contracts for family planning service projects or programs to projects or programs that will provide a pamphlet containing a comprehensive list of adoption centers in that State.
United States · United States Congress · 6 March 2003
Child Obscenity and Pornography Prevention Act of 2003 - Amends the Federal criminal code to prohibit: (1) making a visual depiction that is a digital image, computer image, or computer-generated image of, or that is indistinguishable from an image of, a minor engaging in specified sexually explicit conduct; (2) offering, agreeing, attempting, or conspiring to provide, sell, receive, or purchase a visual depiction of a minor engaging in such conduct; (3) producing, distributing, receiving, or possessing with intent to distribute, or possessing a visual depiction that is, or is virtually indistinguishable from, that of a pre-pubescent child engaging in such conduct; (4) producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that, under specified circumstances, depicts a pre-pubescent child engaging in sexually explicit conduct and that is obscene; (5) showing a minor obscene material or child pornography; (6) providing obscene material, child pornography, or other material assistance to facilitate offenses against minors; or (7) employing or coercing a minor to engage in sexually explicit conduct outside of the United States for the purpose of producing a visual depiction of such conduct. Provides enhanced penalties for recidivists with respect to child pornography, sexual abuse, and transportation for illegal sexual activity and related crimes. Amends the Victims of Child Abuse Act of 1990 to authorize a provider of electronic communication or remote computing services to disclose information indicating a State criminal law child pornography violation to State or local law enforcement officials. Authorizes the National Center for Missing and Exploited Children to report facts or circumstances indicating a violation of child pornography prohibitions by such a provider. Amends provisions regarding transactional information that may be obtained through an administrative subpoena issued with respect to the sexual exploitation or abuse of children. Authorizes the interception of communications in the investigation of offenses involving obscene visual representations of young children or sexual abuse of minors.
United States · United States Congress · 6 March 2003
Class Action Fairness Act of 2003 - Establishes a consumer class action bill of rights, including provision for: (1) judicial review and approval of noncash settlements; (2) protection against loss by class members because of payments to class counsel; (3) a prohibition against court approval of a proposed settlement providing for greater payments to class members because they are located in closer geographic proximity to the court; (4) a prohibition against court approval of a proposed settlement providing for payment of a greater share of the award to a class representative serving on behalf of a class; and (5) standardized settlement notification information. Grants the district courts original jurisdiction of any civil action in which the matter in controversy exceeds $2 million, exclusive of interest and costs, and is a class action in which any member of a class of plaintiffs is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. Lists exceptions. Sets forth procedures for removal of interstate class actions to U.S. district court and for review of orders remanding class actions to State courts. Grants the courts of appeals jurisdiction of appeals from orders of the U.S. district courts granting or denying class certification under rule 23 of the Federal Rules of Civil Procedure under specified circumstances.
United States · United States Congress · 5 March 2003
Child Abduction Prevention Act - Amends the Federal criminal code to: (1) make the authorized term of supervised release after imprisonment any term of years or life, and to require a term of supervised release of at least five years, for kidnaping and for other sexual crimes against or involving minors; (2) include aggravated child abuse and child torture murders within the scope of the definition of first degree murder; and (3) increase penalties for sexual exploitation and other abuse of children, for transportation for illegal sexual activity and related crimes, and for kidnaping children. Prohibits: (1) and increases the maximum sentence for traveling in or into the United States to engage in an illicit sexual act with another person (currently, with a juvenile); (2) traveling in foreign commerce and engaging in such sexual conduct; or (3) arranging or facilitating such travel. Establishes as a defense that the defendant reasonably believed the victim had attained age 18. Provides for mandatory life imprisonment of a person convicted of a Federal sex offense against a minor if the person has a prior sex conviction in which a minor was the victim, unless a death sentence is imposed. Establishes criminal liability for attempting to remove a child from the United States with intent to obstruct the lawful exercise of parental rights. Authorizes the interception of wire, oral, or electronic communications in the investigation of kidnaping, sex trafficking, specified sex offenses against children, or transportation for illegal sexual activity. Eliminates statutes of limitations for child abduction and for felony offenses of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity, or sex trafficking of children or by force. Bars pretrial release for persons charged with such offenses. Requires Federal, State, and local law enforcement agencies to report each case of a missing child under age 21 (currently, 18) reported to them to the National Crime Information Center. Directs the Attorney General to assign a national AMBER Alert Coordinator who shall establish minimum standards for the issuance of alerts and the extent of alert dissemination. Provides for grants to States for the development or enhancement of: (1) notification or communications systems along highways for alerts for the recovery of abducted children; and (2) programs and activities for the support of AMBER Alert communications plans. Increases authorized appropriations for the National Center for Missing and Exploited Children. Authorizes the use of COPS (Cops on the Beat, community policing) grants to assist a State in enforcing a convicted sex offender registration law.
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
Jobs and Growth Tax Act of 2003 - Amends the Internal Revenue Code to accelerate the following previously enacted tax reductions: (1) the 10-percent individual income tax rate bracket expansion: (2) the reduction in individual income tax rates; (3) the 15-percent individual income tax rate bracket expansion for married taxpayers filing joint returns; (4) the increase in the standard deduction for married taxpayers filing joint returns; and (5) the increase in the child tax credit. Triples the small business expensing limit. Excludes from gross income the excludable portion of dividends. Sets forth definitions and rules concerning such exclusion.
United States · United States Congress · 25 February 2003
Establishes the Victims of Terrorism Memorial Advisory Board and authorizes it to establish a memorial to victims who died as a result of terrorist attacks against the United States or its people, at home or abroad, except those individuals identified by the Attorney General as participating or conspiring in terrorist-related activities.
United States · United States Congress · 13 February 2003
Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother that is endangered by a physical disorder, illness, or injury. Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus. Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 13 February 2003
Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines "exploitive child modeling" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value. Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor." Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.
United States · United States Congress · 11 February 2003
Small Business Health Fairness Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to access and choice for small business employers with respect to medical care for their employees. Establishes rules governing association health plans (group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations), including requirements relating to certification, sponsors and boards of trustees, participation, coverage, plan documents, contribution rates, benefit options, applications for certification, notice for voluntary termination, corrective actions, and mandatory termination. Requires association health plans which provide health benefits in addition to health insurance coverage to maintain certain reserves and comply with other solvency provisions. Directs the Secretary of Labor to apply for appointment, and carry out specified duties, as trustee of any such insolvent association health plans which provide health benefits in addition to health insurance coverage. Allows a State to impose a contribution tax on any association health plan commencing operations in such State after the enactment of this Act. Requires association health plans to include in their summary plan descriptions, in connection with each benefit option, a description of the form of any solvency or guarantee fund protection secured under ERISA or applicable State law. Revises provisions relating to treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Provides for association health plans with respect to: (1) enforcement; (2) cooperation between Federal and State authorities; and (3) treatment of certain existing health benefit programs.
United States · United States Congress · 11 February 2003
Expresses gratitude for and encourages States and localities to honor the courage and sacrifice of members of the U.S. armed forces, particularly Sam Johnson of Texas, who were held as prisoners of war during the Vietnam conflict. Calls for a full accounting of the 1,902 members of the armed forces who remain unaccounted for from that conflict. Honors all members of the armed forces who have fought and died in the defense of freedom.
United States · United States Congress · 11 February 2003
Commends the people of Israel for reaffirming their dedication to democratic ideals as expressed in their election on January 28, 2003. Urges the: (1) Palestinian leadership to abide by its commitments made to the United States and to Israel; and (2) the Palestinian people to act on President Bush's call of June 24, 2002, to dismantle the terrorist infrastructure, end incitement to violence in official media, elect new leaders not compromised by terror, and embrace democracy. Restates U.S. commitment to secure peace for Israel.
United States · United States Congress · 5 February 2003
Human Cloning Prohibition Act of 2003 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 31 January 2003
Amends the General Education Provisions Act (GEPA) to extend to families of home-schooled children certain educational and privacy rights currently available to families of public school students. Revises the definition of student for purposes of coverage regarding such family educational and privacy rights (under GEPA provisions which are also known as the Family Educational Rights and Privacy Act of 1974). Includes under such coverage any person educated at a home school (whether or not State law treats a home school as a home school or a private school), if an educational agency or institution maintains education records or personally identifiable information on such person (whether or not the home-schooled person is in attendance at the agency or institution). (Current law excludes all those who are not in attendance at the agency or institution.)
United States · United States Congress · 27 January 2003
Personal Responsibility in Food Consumption Act - Shields the manufacturer, distributor, or seller of a food or non-alcoholic beverage product intended for human consumption from civil liability, relating to consumption of such products, in Federal or State court, unless the plaintiff proves that the product was not in compliance with applicable statutory and regulatory requirements at the time of sale.
United States · United States Congress · 8 January 2003
Human Cloning Prohibition Act of 2003 - Prohibits any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning; or (4) importing such an embryo. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans. Directs the General Accounting Office to assess the need for amendment of such prohibition, including through: (1) a discussion of new developments, the need for somatic cell transfer to produce medical advances, current public attitudes and prevailing ethical views concerning its use, and potential legal implications of somatic cell transfer research; and (2) a review of any technological developments that may require technical changes to such prohibition.
United States · United States Congress · 8 January 2003
Houses of Worship Free Speech Restoration Act - Amends the Internal Revenue Code to state that churches and other houses of worship shall not lose such designation because of the content, preparation, or presentation of any homily, sermon, teaching, dialectic, or other presentation made during religious services or gatherings. States that such provision shall not affect campaign finance laws under the Federal Election Campaign Act of 1971.
United States · United States Congress · 7 January 2003
Keeping Children and Families Safe Act of 2003 - Amends the Child Abuse Prevention and Treatment Act to revise requirements for: (1) national clearinghouse dissemination of information on child abuse programs, including community-based programs; (2) related research and assistance activities; (3) grants for additional demonstration projects, including enhanced linkage between child protective service agencies and public health, mental health, and developmental disabilities agencies; (4) additional discretionary grants; and (5) development and operation grants to the States. Repeals the authority for existing grants to: (1) the Community-based Family Resource programs; (2) the Family Support Center programs; (3) the Emergency Child Abuse Prevention Services grant program; and (4) programs under the Temporary Child Care for Children with Disabilities and Crisis Nurseries act of 1986. Includes parents with disabilities within the eligibility and performance guidelines governing community-based grants for the prevention of child abuse and neglect. Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary of Health and Human Services to provide for the implementation of programs that increase the number of older foster care children placed in adoptive families, with a special emphasis on child-specific recruitment strategies, including a grants program to eliminate barriers to placing children for adoption across jurisdictional boundaries. Amends the Abandoned Infants Assistance Act of 1988 to prohibit the Secretary from making a grant unless the grantee agrees to give priority to abandoned infants and young children who: (1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus (HIV), or have a life-threatening illness or other special medical need; or (2) have been perinatally exposed to a dangerous drug.
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
Fair Tax Act of 2003 - Amends the Internal Revenue Code to repeal subtitle A (Income Taxes), B (Estate and Gift Taxes), and C (Employment Taxes) of the Internal Revenue Code. Imposes a tax on the use or consumption in the United States of taxable property or services. Sets the tax rate at 23 percent for the calendar year 2005. Sets the rate, for years after 2005, at the combined sum of the general revenue rate (14.91 percent), the old-age survivors and disability rate, and the hospital insurance rate. Sets forth provisions concerning, among other things; (1) imports and exports; (2) definitions; (3) credits and refunds; (4) a "family consumption allowance"; (5) Federal and State cooperative tax administration; (6) administrative matters; (7) collections, appeals, and taxpayer rights; (8) special rules (hobbies, gaming, government purchases, non-profits, and etc.); (9) financial intermediation services; and (10) additional matters. Sets forth provisions concerning the: (1) phase-out of administration of repealed taxes; (2) administration of other taxes (establishes an Excise Tax Bureau and a Sales Tax Bureau); and (3) sales tax inclusive social security benefits indexation.
United States · United States Congress · 7 January 2003
Instructs the Clerk of the House of Representatives to inform the President that J. Dennis Hastert has been elected Speaker of the House and that Jeffrey J. Trandahl has been elected Clerk.
United States · United States Congress · 7 January 2003
Provides for appointment of a House of Representatives committee joined with a Senate committee to notify the President that a quorum of each House has assembled.
United States · United States Congress · 7 January 2003
Elects the following officers of the House of Representatives: (1) Jeffrey J. Trandahl as Clerk; (2) Wilson S. Livingood as Sergeant at Arms; (3) James M. Eagen, III as Chief Administrative Officer; and (4) Father Daniel P. Coughlin as Chaplain.
United States · United States Congress · 7 January 2003
Adopts the rules of the House of Representatives for the 107th Congress as the rules of the House for the 108th Congress, with amendments regarding: (1) Speaker succession; (2) repeal of the Speaker's term limit; (3) declaration of an emergency recess; (4) staff access to the House Floor; (5) a Rules Committee Member on the Budget Committee; (6) associate and professional staff of the Appropriations Committee; (7) postponement of votes in committee; (8) the Committee on Standards of Official Conduct; (9) joint referral; (10) dynamic scoring in Ways and Means Committee reports; (11) use of personal electronic equipment on the Floor; (12) accounting for vacancies in House membership; (13) proceedings during a call of the House; (14) five-minute voting in series; (15) prohibition on limitation amendments in a general appropriation bill for the administration of taxes and tariffs; (16) motions to instruct during conference; (17) a fiduciary relationship exemption for physicians; (18) perishable food as a gift; (19) a gift ban exemption for charity travel; and (20) automatic increases in the statutory limit on public debt. Continues from the 107th Congress: (1) certain budget enforcement mechanisms; and (2) House Concurrent Resolution 353 (budget "deeming" resolution) until a conference report establishing a budget for FY 2004 is adopted. Waives Rule X, clause 5(d) to allow extra subcommittees for the Committees on Armed Services, International Relations, and Transportation and Infrastructure. Reserves the first ten numbers for bills (H.R. 1 through H.R. 10) for assignment by the Speaker to such bills as he may designate when introduced during the first session. Makes motions to suspend the rules in order on Wednesdays through the second Wednesday in April. Establishes the Select Committee on Homeland Security.
United States · United States Congress · 12 November 2002
Homeland Security Act of 2002 - Establishes a Department of Homeland Security (DHS), headed by the Secretary of Homeland Security. Establishes in DHS the Directorate for Information Analysis and Infrastructure Protection, headed by an Under Secretary for Information Analysis and Infrastructure Protection. Critical Infrastructure Information Act of 2002 - Exempts from the Freedom of Information Act and other Federal and State disclosure requirements critical infrastructure information voluntarily submitted to a covered Federal agency for its use regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose. Requires the Secretary to: (1) establish procedures for sharing information; and (2) appoint a senior Privacy Officer to assume primary responsibility for privacy policy. Cyber Security Enhancement Act of 2002 - Directs the U.S. Sentencing Commission to amend Federal sentencing guidelines and otherwise address crimes involving fraud in connection with computers and access to protected information, protected computers or restricted data in interstate or foreign commerce or involving a computer used by or for the Federal Government. Exempts from criminal penalties any emergency disclosures to a governmental entity by an electronic communication service and specified disclosures made in good faith. Abolishes the Office of Science and Technology of the National Institute of Justice and transfers its functions to an Office of Science and Technology hereby established within the Department of Justice. Requires the Director of the Office to operate and support National Law Enforcement and Corrections Technology Centers. Establishes in DHS: (1) a Directorate of Science and Technology, headed by an Under Secretary for Science and Technology; (2) a Homeland Security Advanced Research Projects Agency; (3) a Homeland Security Science and Technology Advisory Committee; (4) a Homeland Security Institute; (5) a Directorate of Border and Transportation Security, headed by an Under Secretary for Border and Transportation Security; and (6) the U.S. Customs Service (transferred from the Department of the Treasury, but with certain customs revenue functions remaining with the Secretary of the Treasury). Transfers to DHS certain agricultural inspection functions of the Department of Agriculture. Maintains the Transportation Security Administration, transferred to DHS from the Department of Transportation, as a distinct entity. Vests in the Secretary of DHS all authority relating to U.S. consular officials to grant or refuse visas for entry into the Unite States. Establishes in DHS an Office for Domestic Preparedness to prepare the United States for acts of terrorism. Transfers to Under Secretary for Border and Transportation Security from the Commissioner of Immigration and Naturalization (INS Commissioner) all functions performed under the Border Patrol, detention and removal, intelligence, investigations, and inspections programs. Establishes in DHS: (1) a Bureau of Border Security, headed by an Assistant Secretary; (2) a Bureau of Citizenship and Immigration Services, headed by a Director; and (3) a Citizenship and Immigration Services Ombudsman. Transfers from the INS Commissioner to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services (HHS) functions under Federal immigration law with respect to the care of unaccompanied alien children. Abolishes the Immigration and Naturalization Service (INS) of the Department of Justice. Authorizes the Attorney General and the Secretary to: (1) make voluntary separation incentive payments to employees of the INS, the DHS Bureau of Border Security, and the DHS Bureau of Citizenship and Immigration Services; and (2) conduct a demonstration project to determine whether changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management. Establishes within the Office of Deputy DHS Secretary a Director of Shared Services to coordinate resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services. Establishes in DHS a Directorate of Emergency Preparedness and Response, headed by an Under Secretary. Declares that, at the direction of the DHS Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of DHS. Provides for Johnny Micheal Spann Patriot Trusts for surviving spouses, children, or dependent parents, grandparents, or siblings of members of the U.S. Armed Forces, certain personnel (including contractors) of elements of the intelligence community, Federal Bureau of Investigation (FBI) employees, and Federal officers, employees, or contract employees whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, or law enforcement operations or accidents connected with activities occurring after September 11, 2001, and related to domestic or foreign efforts to curb international terrorism. Specifies the duties of the DHS Under Secretary for Management. Requires the Secretary to appoint an Officer for Civil Rights and Civil Liberties to assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials. Establishes within the Office of the DHS Secretary an Office for State and Local Government Coordination to oversee and coordinate departmental programs for and relationships with State and local governments. Subjects the DHS Inspector General to the Secretary's authority with respect to audits or investigations, or issuance of subpoenas, that require access to sensitive information concerning specified matters the disclosure of which would constitute a serious threat to national security. Specifies the law enforcement powers of Inspector General agents. Transfers the United States Secret Service to DHS. Prohibits the Secretary from entering into contracts with any foreign incorporated entity treated as an inverted domestic corporation (corporate expatriate). Authorizes the Secretary to establish a human resources management system for the organizational units of DHS. Declares that no agency or agency subdivision transferred to DHS shall be excluded from coverage of Federal civil service labor-management relations law unless: (1) the agency's (or subdivision's) mission and responsibilities materially change; and (2) a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation. Prescribes requirements, including expedited procedures, for procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. Support Anti-terrorism by Fostering Effective Technologies Act of 2002' or the SAFETY Act - Authorizes the Secretary to designate anti-terrorism technologies that qualify for protection under a prescribed system of risk management (including mandatory liability insurance). Creates a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. Directs the Secretary to appoint a senior DHS counternarcotics officer to coordinate policy and operations within DHS and between it and other Federal agencies with respect to interdicting the entry of illegal drugs into the United States, and tracking and severing connections between illegal drug trafficking and terrorism. Establishes within the Office of the Secretary an Office of International Affairs. Prohibits all Federal activities to implement the proposed component program of the Citizen Corps known as Operation TIPS (Terrorism Information and Prevention System). Establishes within the Office of the Secretary an Office for National Capital Region to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region Coordination. Requires DHS to comply with Federal laws protecting equal employment opportunity and providing whistleblower protections. Authorizes the Secretary to establish a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian Federal agencies to anticipate terrorist threats and prevent terrorist attacks against the United States. Declares the sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act prohibiting the use of the Armed Forces as a posse comitatus to execute the law except as expressly authorized by the Constitution or Act of Congress. Transfers the Coast Guard to DHS, but prohibits the Secretary from substantially or significantly reducing the missions of the Coast Guard or its capability to perform them, except as specified in subsequent Acts. Homeland Security Information Sharing Act - Directs the President to prescribe and implement procedures under which relevant Federal agencies: (1) share relevant and appropriate homeland security information with other Federal agencies, including DHS, and appropriate State and local personnel; (2) identify and safeguard homeland security information that is sensitive but unclassified; and (3) to the extent such information is in classified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is removed. Amends the Federal Rules of Criminal Procedure to authorize the disclosure of grand jury information: (1) to personnel of a foreign government; and (2) to appropriate Federal, State, local, or foreign government officials to prevent or respond to specified hostile foreign power or domestic or international terrorist threats or actions, or foreign intelligence gathering activities. Authorizes Federal investigative or law enforcement officers to share electronic, wire, and oral interception information with foreign investigative or law enforcement officers. Establishes within the Executive Office of the President a National Homeland Security Council to: (1) assess U.S. objectives, commitments, and risks in the interest of homeland security; (2) oversee and review Federal homeland security policies; and (3) make recommendations to the President. Federal Information Security Management Act of 2002 - Amends Federal law to revise requirements for the coordination of Federal information policy to require: (1) the Director of the Office of Management and Budget (OMB) to oversee agency information security policies and practices; and (2) each Federal agency head to provide information security protections. Requires the Director to prescribe standards for Federal information systems based on proposals by the National Institute of Standards and Technology. Renames the Computer System Security and Privacy Advisory Board the Information Security and Privacy Advisory Board. Transfers the Bureau of Alcohol, Tobacco and Firearms (ATF) from the Department of the Treasury to the Department of Justice. Establishes within ATF an Explosives Training and Research Facility at Fort AP Hill, Fredericksburg, Virginia. Safe Explosives Act - Amends the Federal criminal code to provide for $50 one-year limited permits to receive explosive materials no more than six times during the permit period, and only from licensees or permittees whose premises are located in the State where the limited permittee resides. Prohibits limited permit holders from transporting, shipping, or receiving explosive materials in interstate or foreign commerce. Prohibits knowing distribution of explosive materials to or possession by: (1) certain illegal aliens; (2) persons with a dishonorable discharge from the Armed Forces; or (3) anyone who has renounced U.S. citizenship. Authorizes the Secretary to grant relief from specified prohibitions, depending on the relief applicant's record and reputation. Extends through calendar 2003 the authority of the Secretary of Transportation to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism. Grants the Secretary of Transportation authority to extend through calendar 2003 the termination date of any insurance policy issued to an air carrier. Chief Human Capital Officers Act of 2002 - Amends Federal civil service law to require the heads of specified agencies to appoint or designate Agency Chief Human Capital Officers to set agency workforce development strategy. Establishes a Chief Human Capital Officers Council. Requires OMB to design a set of systems for assessing the management of human capital by Federal agencies. Amends Federal civil service law to authorize OMB to establish alternative ranking and selection procedures for the competitive service hiring process. Provides for permanent extension and revision of authorities for use of voluntary separation incentive pay and voluntary early retirement. Amends Federal civil service law to repeal recertification requirements of the Senior Executive Service. Revises requirements with respect to employee academic degree training and the National Security Education Program. Arming Pilots Against Terrorism Act - Amends Federal transportation law to require the Under Secretary of Transportation for Security to establish a program to deputize volunteer pilots of passenger air carriers as Federal law enforcement officers to defend the aircraft flight decks with firearms or less-than-lethal weapons against acts of criminal violence or air piracy (Federal flight deck officers). Provides for flight crew training. Requires the President to transmit a DHS reorganization plan to the appropriate congressional committees within 60 days after enactment of this Act. Revises Federal transportation law with respect to airline transportation security. Allows U.S. nationals, as well as U.S. citizens, as airport screeners. Transfers to the DHS Secretary the mandate to protect Federal Government officers, employees, and property. of certain security and law enforcement functions and authorities. Establishes in the Department of Defense a National Bio-Weapons Defense Analysis Center. Amends Federal transportation law to extend certain requirements with respect to railroad and hazardous materials (hazmat) safety to railroad and hazmat security.
United States · United States Congress · 16 October 2002
Designates the Department of Veterans Affairs medical center in Houston, Texas, as the Michael E. DeBakey Department of Veterans Affairs Medical Center.
United States · United States Congress · 10 October 2002
Keeping Children and Families Safe Act of 2002 - Amends the Child Abuse Prevention and Treatment Act to modify guidelines governing: (1) national clearinghouse dissemination of information on child abuse programs, including community-based programs; (2) related research and assistance activities; (3) grants for additional demonstration projects, including enhanced linkage between child protective service agencies and public health, mental health, and developmental disabilities agencies; (4) additional discretionary grants; and (5) development and operation grants to the States. Repeals the authority for existing grants to: (1) the Community-based Family Resource programs; (2) the Family Support Center programs; (3) the Emergency Child Abuse Prevention Services grant program; and (4) programs under the Temporary Child Care for Children with Disabilities and Crisis Nurseries act of 1986. Includes parents with disabilities within the eligibility and performance guidelines governing community-based grants for the prevention of child abuse and neglect. Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary of Health and Human Services (Secretary) to provide for the implementation of programs that increase the number of older foster care children placed in adoptive families, with a special emphasis on child-specific recruitment strategies, including a grants program to eliminate barriers to placing children for adoption across jurisdictional boundaries. Amends the Abandoned Infants Assistance Act of 1988 to prohibit the Secretary from making a grant unless the grantee agrees to give priority to abandoned infants and young children who: (1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus (HIV), or have a life-threatening illness or other special medical need; or (2) have been perinatally exposed to a dangerous drug.
United States · United States Congress · 2 October 2002
Authorization for the Use of Military Force Against Iraq - Expresses support for the President's efforts to: (1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions applicable to Iraq; and (2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions. Authorizes the President to use the U.S. armed forces to: (1) defend U.S. national security against the continuing threat posed by Iraq; and (2) enforce all relevant Security Council resolutions regarding Iraq. Directs the President, prior to or as soon as possible (but no later than 48 hours) after exercising such authority, to make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that: (1) reliance on further diplomatic or peaceful means alone will not achieve the above purposes; and (2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take necessary actions against international terrorists and terrorist organizations, including those who planned, authorized, committed, or aided the terrorist attacks of September 11, 2001. Declares that this section is intended to constitute specific statutory authorization for use of the armed forces, consistent with requirements of the War Powers Resolution. Requires the President to report to Congress at least every 60 days on matters relevant to this resolution.
United States · United States Congress · 26 September 2002
Expresses the sense of the House of Representatives that each State should examine its existing statutes, practices, and procedures governing special elections so that, in the event of a catastrophe, vacancies in the House of Representatives may be filled in a timely fashion.
United States · United States Congress · 19 September 2002
Declares the sense of the House of Representatives that Congress should complete action in the 107th Congress on the Pension Security Act of 2002 and present it to the President for his signature before adjournment.
United States · United States Congress · 19 September 2002
Declares the sense of the House of Representatives that Congress should complete action in the 107th Congress on the Community Solutions Act of 2001 and present it to the President for his signature before adjournment.
United States · United States Congress · 17 September 2002
Declares the sense of the House of Representatives that Congress should complete action on the Permanent Death Tax Repeal Act of 2002, and present it to the President before adjournment.
United States · United States Congress · 17 September 2002
Declares the sense of the House of Representatives that the 107th Congress should complete action on and present to the President, before September 30, 2002, legislation extending and strengthening the 1996 welfare reforms.
United States · United States Congress · 25 July 2002
Home Office Tax Simplification Act of 2002 - Amends the Internal Revenue Code to set a minimum deduction of $2,500 for the business use (or rental of) of a dwelling unit. Repeals the requirement of a depreciation recapture on the sale of a principal residence.
United States · United States Congress · 8 July 2002
Pledge Protection Act of 2002 - Amends the Federal judicial code to deny jurisdiction to any court established by Act of Congress to hear or determine any claim that the recitation of the Pledge of Allegiance violates the first amendment of the Constitution.
United States · United States Congress · 27 June 2002
District of Columbia Student Opportunity Scholarship Act of 2002 - Authorizes the establishment of the District of Columbia Scholarship Corporation as a private, nonprofit corporation to administer, publicize, and evaluate a District scholarship program and determine elementary and secondary student and school eligibility. Establishes a District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury. Provides for a seven-member Corporation Board of Directors, with six members appointed by the President from House and Senate nominees, and one member appointed by the District Mayor. Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Allows scholarships to be used for tuition, fees, and appropriate transportation to public, private, or independent schools (or beyond-school-hours enhancement programs) in the District and specified neighboring counties and cities in Maryland and Virginia. Requires the following order of scholarship award priorities to students who: (1) have received such a scholarship in a previous year (in the program's second and subsequent years); (2) District school or kindergarten enrollees; (3) victims of school violence; and (4) other eligible students. Requires use of a lottery whenever amounts are insufficient to provide a scholarship for each student in one of these categories. Directs the Comptroller General to study and report on the District scholarship program. Provides for expedited judicial review of challenges to such program.
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.
![Official portrait of Rep. DeLay, Tom [R-TX-22]](https://www.congress.gov/img/member/d000217_200.jpg)