United States · United States Congress · 15 July 2002
Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to establish a monetary penalty and imprisonment for: (1) knowing perpetration of securities fraud; and (2) tampering with a record or otherwise impeding an official proceeding. Requests the United States Sentencing Commission to: (1) promptly review sentencing guidelines applicable to securities and accounting fraud; and (2) expeditiously consider promulgation of new sentencing guidelines to provide an enhancement for officers of directors of publicly traded corporations who commit fraud and related offenses. Sets a deadline for such guidelines. Amends Federal bankruptcy law to declare nondischargeable in bankruptcy debts that have been incurred in violation of Federal or State securities fraud laws. Amends Federal criminal law to require senior corporate officers to certify in writing that financial statements fairly and accurately represent the operations and financial condition of the issuer. Establishes criminal penalties for violations of this requirement. Subjects to criminal penalties any attempt or conspiracy to commit any offense against the United States. Amends the Securities Exchange Act of 1934 to: (1) increase criminal penalties for violations; and (2) authorize the Securities and Exchange Commission (SEC) to seek a temporary injunction to freeze extraordinary payments earmarked for designated persons or corporate staff under investigation for possible violations of Federal securities laws. Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to authorize the SEC to prohibit violators of certain prohibitions against manipulative or deceptive devices or certain reporting requirements from serving as officers or directors of a publicly traded corporation. Amends Federal criminal law to establish criminal penalties for intentional retaliation against any person who has provided information to a law enforcement officer regarding the commission of a Federal offense.
United States · United States Congress · 11 July 2002
Honors Corinne "Lindy" Claiborne Boggs for her extraordinary service to the people of Louisiana and the United States on the occasion of the 25th anniversary of the founding of the Congressional Women's Caucus. Recognizes that her role in its founding has improved the lives of families throughout the United States. Commends her bipartisan spirit as an example to all elected officials.
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 · 27 June 2002
Financial Accounting Standards Board Act - States that the duty of the Financial Accounting Standards Board (FASB) is to establish and improve standards of financial accounting and reporting. Cites general principles and operating objectives to be followed when establishing financial accounting and reporting standards. Instructs the FASB to develop additional standards relating to: (1) off-balance-sheet accounting practices and standards, and accounting requirements for special-purpose entities, in a manner that is based on principles for determining bona fide economic control; and (2) marked-to-market accounting, including consideration of fair value to agreements involving commitments on the part of an issuer. Instructs the FASB to complete work on: (1) the project entitled "Measuring All Financial Assets and Liabilities at Fair Value;" and (2) the proposal entitled "Proposal for new agenda project: Issues relating to the recognition of revenues and liabilities."
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 · 21 June 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 entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is also entitled to obtain qualified prescription drug coverage by electing to enroll: (1) in a plan that provides qualified prescription drug coverage 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 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. Establishes the Medicare Prescription Drug Trust Fund in the Treasury for use in such new program. 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. Directs the Secretary of Health and Human Resources to establish a program to: (1) endorse prescription drug discount care programs that meet the requirements of this Act; and (2) make available to Medicare beneficiaries information regarding such endorsed programs.
United States · United States Congress · 21 June 2002
Amends title XIX (Medicaid) of the Social Security Act (SSA) to revise the formula for disproportionate share hospital (DSH) payments under the Medicaid program.
United States · United States Congress · 21 June 2002
Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) eliminate the 15 percent reduction in payment rates under the prospective payment system for home health services; and (2) modify payment adjustments, changing to a calendar year update, and increasing payments. Directs the Secretary of Health and Human Services to: (1) establish and appoint an OASIS Task Force to examine the data collection and reporting requirements under the Outcome and Assessment Information Set (OASIS) required under the Balanced Budget Act of 1997; and (2) review the standards used, by fiscal intermediaries in paying for home health services under Medicare, in allowing infrequent or short duration absences from the home for individuals eligible to receive such services. Amends SSA title XVIII to extend the update limitation on certain high cost programs. Prescribes a formula for the redistribution of unused full-time equivalent resident positions in the fields of allopathic and osteopathic medicine for a hospital with respect to the determination of direct graduate medical education costs. Requires the Medicare Payment Advisory Commission (MEDPAC) to examine the budget consequences of its recommendations before making them. Directs the Secretary to establish demonstration projects for: (1) disease management for certain Medicare beneficiaries with diabetes; and (2) medical adult day care services.
United States · United States Congress · 21 June 2002
Amends the Public Health Service Act to require the Secretary of Health and Human Services to promote the pharmacist profession through public health service announcements, including grants for State and local advertising campaigns. Directs the Secretary to establish a demonstration project to enhance the participation of pharmacists in the National Health Service Corps Loan Repayment Program through the provision of medication therapy management services. Requires participants to follow Program requirements but excludes them from consideration when health professional shortage areas are designated. Authorizes the Secretary to make grants or contracts to qualifying schools of pharmacy (those requiring a pharmacy services clinical rotation) for computer-based systems for pharmaceutical education.
United States · United States Congress · 21 June 2002
Amends the Federal Food, Drug, and Cosmetic Act to require each interstate Internet seller to comply with requirements of this Act with respect to the sale or offer of prescription drugs. Requires the seller to: (1) post visibly on its web site home page its street address, the States in which it is authorized as a pharmacy, certain prescriber information, and a statement it will dispense prescription drugs only upon a valid prescription; and (2) disclose such information to State licensing boards. Directs the Secretary of Health and Human Services to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments.
United States · United States Congress · 21 June 2002
Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise updates for physicians' services for 2003 through 2005. Mandates that the Medicare Payment Advisory Commission submit to Congress a described report on the effect of refinements to the practice expense component of payments for physicians' services in the case of services for which there are no physician work relative value units, after the transition to a full resource-based payment system in 2002. Provides that, for purposes of payment under the physician fee schedule, for physicians' services furnished during 2004, in no case may the work geographic index otherwise calculated be less than 0.985. Amends SSA title XVIII to replace provisions under Medicare part B for a limited number of demonstration projects for competitive acquisition of items and services with provisions for a permanent program for the establishment of programs for competitive acquisition of described items and services, including provisions for a demonstration project for application of competitive acquisition to clinical diagnostic laboratory tests. Substitutes a new phase-in methodology for the ambulance fee schedule amount portion of the phase-in and lengthens the phase-in schedule, including in such methodology adjustment in payment for certain long trips. Extends the moratorium on application of the therapy caps for an additional two years. Modifies the limitation on copayment amount for hospital outpatient department services. Provides for coverage of an initial preventive physical examination. Increases the composite rate 1.2 percent for renal dialysis services furnished in 2004. Amends BIPA (sic) to specify that the prohibition on exceptions to the composite rate would not apply to pediatric facilities that, as of October 1, 2002, do not have an exception rate as of such date. Defines "pediatric facility" as a renal facility at least 50 percent of whose patients are individuals under 18 years of age. Amends SSA title XVIII to exclude payment for screening mammography and unilateral and bilateral diagnostic mammography under the system for hospital outpatient services. Provides that for diagnostic mammography performed on or after January 1, 2004, for which payment is made under the physician fee schedule, the Secretary, based on the most recent cost data available, shall provide for an appropriate adjustment in the payment amount for the technical component of the diagnostic mammography.
United States · United States Congress · 21 June 2002
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to revise the Medicare+Choice program, among other changes: (1) revising Medicare+Choice payment rates; (2) providing for specialized Medicare+Choice plans for special needs beneficiaries; (3) making coverage under Medicare+Choice medical savings account (MSA) plans permanent and eliminating the cap; (4) extending reasonable cost contracts; (5) creating a competitive bidding program for Medicare+Choice organizations; and (6) providing for establishment of competitive demonstration program. Makes a number of changes with regard to Medicare part A concerning inpatient hospital services, skilled nursing facility services, and hospices. Directs the Secretary of Health and Human Services to conduct a demonstration project for the: (1) delivery of hospice care to Medicare beneficiaries in rural areas; and (2) use of recovery audit contractors under the Medicare Integrity Program.
United States · United States Congress · 21 June 2002
Amends title XVIII (Medicare) of the Social Security Act to establish within the Department of Health and Human Services (HHS) the Medicare Benefits Administration, headed by a Medicare Benefits Administrator who shall carry out Medicare parts C (Medicare+Choice) and D (Miscellaneous) (sic) and provisions relating to the Medicare prescription drug discount card endorsement program. Directs the Secretary of HHS to establish within the Medicare Benefits Administration an Office of Beneficiary Assistance to coordinate functions relating to outreach and education of Medicare beneficiaries. Establishes within the Medicare Benefits Administration the Medicare Policy Advisory Board to advise, consult with, and make recommendations to the Administrator with respect to the administration of Medicare parts C and D. Directs the Administrator to establish a grant program to assist pharmacies in implementing the new prescription drug benefit under Medicare part D.
United States · United States Congress · 21 June 2002
Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to assist health care providers who prescribe drugs and biologicals in implementing electronic prescription programs under Medicare.
United States · United States Congress · 19 June 2002
Establishes the National Bipartisan Commission on the Future of Medicaid to: (1) review and analyze the long-term financial condition of the Medicaid program under title XIX of the Social Security Act (SSA); (2) identify the factors that are causing, and the consequences of, increases in costs under the Medicaid program; (3) analyze potential policies that will ensure both the financial integrity of the Medicaid program and the provision of appropriate benefits; (4) make recommendations for establishing incentives and structures to promote enhanced efficiencies and ways of encouraging innovative State policies; (5) make recommendations for establishing the appropriate balance between benefits covered, payments to providers, State and Federal contributions and, where appropriate, recipient cost-sharing obligations; (6) make recommendations on the impact of promoting increased utilization of competitive, private enterprise models to contain program cost growth, through enhanced utilization of private plans, pharmacy benefit managers, and other methods currently being used to contain private sector health-care costs; (7) make recommendations on the financing of prescription drug benefits currently covered under Medicaid programs, including analysis of the current Federal manufacturer rebate program, its impact upon both private market prices as well as those paid by other government purchasers, recent State efforts to negotiate additional supplemental manufacturer rebates and the ability of pharmacy benefit managers to lower drug costs; (8) review and analyze such other matters relating to the Medicaid program as the Commission deems appropriate; and (9) analyze the impact of impending demographic changes upon Medicaid benefits, including long term care services, making recommendations for how best to appropriately divide State and Federal responsibilities for funding these benefits.
United States · United States Congress · 19 June 2002
Title III: Rural Health Care Improvements (sic) - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide that starting for discharges on or after October 1, 2002, hospitals (other than urban hospitals with a 100 or more beds or certain public hospitals) will receive payments based on a blend of their current disproportionate share (DSH) adjustment and the current DSH adjustment for large urban hospitals. Limits such new DSH adjustment. Provides that for discharges occurring: (1) during FY 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by half the difference between the average standardized amount for hospitals located in large urban areas for such fiscal year and such amount determined for other hospitals for such fiscal year; and (2) during FY 2004 and afterwards, the Secretary shall compute one standardized amount for all hospitals increased by the applicable percentage increase, and use this amount to pay all hospitals. Directs the Secretary of Health and Human Services, after revising the market basket cost weights to reflect the most current data available, to establish a frequency for revising such weights in such market basket to reflect the most current data available more frequently than once every five years. Revises the critical access hospital program. Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to extend the ten percent additional payment for home health care furnished to beneficiaries residing in rural areas. Directs the Comptroller General to conduct a study for a report to Congress on differences in payment amounts under the physician fee schedule for physicians' services in different geographic areas. Amends SSA title XI to provide that any remuneration in the form of a contract, lease, grant, loan, or other agreement between a public or non-profit private health center and any individual or entity providing goods or services to the health center is not a violation of the anti-kickback statute if such agreement contributes to the ability of the health center to maintain or increase the availability or quality of services provided to a medically underserved population served by the health center.
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.
United States · United States Congress · 22 May 2002
Mosquito Abatement for Safety and Health Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants on a matching funds basis to political subdivisions of States for the establishment and operation of mosquito control programs to prevent mosquito-borne diseases, including the costs of purchasing or updating equipment and laboratory facilities. Gives priority to subdivisions where the incidence of mosquito-borne disease is relatively substantial.
United States · United States Congress · 15 May 2002
Personal Responsibility, Work, and Family Promotion Act of 2002 - Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to reauthorize the Secretary of Health and Human Services (Secretary) to award state family assistance grants. Authorizes States to use grants for marriage promotion activities and requires the Secretary to make bonus grants to each state that has achieved formulated employment goals. Revises requirements for the consideration of certain child care expenditures in determining State compliance with contingency fund requirements. Revises State work participation requirements, incorporating a 40-hour work week standard, and creating a State superachiever participation rate credit. Revises requirements for the use of TANF grants. Repeals the Secretary's authority to make loans to State welfare programs and revises State work participation requirements. Authorizes the Secretary to establish TANF performance goals and plans. Makes appropriations for research, demonstrations, and technical assistance. Repeals waiver continuation authority. Promotion and Support of Responsible Fatherhood and Healthy Marriage Act of 2002 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act to authorizes the Secretary to make grants to public and nonprofit community entities for demonstration projects to test the effectiveness of various approaches to create a Fatherhood Program. Permits States the option to make TANF programs mandatory partners with one-stop employment training centers. Caring for Children Act of 2002 - Amends the Child Care and Development Block Grant Act of 1990 to specify consumer education information States are required to collect and disseminate. Amends income tax benefits and reporting requirements. Reauthorizes funding for State child care entitlement programs and revises State requirements for child support payments. Amends SSA title XI (General Provisions) to eliminate specified limitations on the Secretary's authority to approve demonstration projects and grant waivers. Amends SSA title XVI (Supplemental Security Income) (SSI) to require the Commissioner of Social Security to review State agency blindness and disability determinations. Authorizes the administering Secretary to authorize innovative State demonstration projects involving individual programs, or integrating multiple public assistance, employment security, and other programs to support working families. Amends the Food Stamp Act of 1977 to require the Secretary to establish a program to make grants to States to provide food assistance and funds to operate employment and training programs for needy individuals. Extends abstinence education funding and reauthorizes transitional medical assistance.
United States · United States Congress · 14 May 2002
Date Certain Tax Code Replacement Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2005. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report. Authorizes appropriations (with interim funding). Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2005, and, if not, Congress should be required to vote to reauthorize the Code.
United States · United States Congress · 9 May 2002
Abortion Non-Discrimination Act of 2002 - Amends the Public Health Service Act to prohibit the Federal Government, and any State or local government that receives Federal financial assistance, from discriminating against any health care entity because (in addition to current prohibited reasons) the entity refuses to provide coverage of, or pay for, induced abortions. Expands the definition of "health care entity" to include (in addition to physicians) other health professionals, a hospital, a provider sponsored organization, a health maintenance organization, a health insurance plan, and any other kind of health care facility, organization, or plan.
United States · United States Congress · 9 May 2002
Personal Responsibility, Work, and Family Promotion Act of 2002 - Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to reauthorize the Secretary of Health and Human Services (Secretary) to award state family assistance grants. Authorizes States to use grants for marriage promotion activities and requires the Secretary to make bonus grants to each state that has achieved formulated employment goals. Revises requirements for the consideration of certain child care expenditures in determining State compliance with contingency fund requirements. Revises State work participation requirements, incorporating a 40-hour work week standard, and creating a State superachiever participation rate credit. Revises requirements for the use of TANF grants. Repeals the Secretary's authority to make loans to State welfare programs and revises State work participation requirements. Authorizes the Secretary to establish TANF performance goals and plans. Makes appropriations for research, demonstrations and technical assistance. Repeals waiver continuation authority. Authorizes the Secretary to make grants to public and nonprofit community entities for demonstration projects to test the effectiveness of various approaches to create a Fatherhood Program. Permits States the option to make TANF programs mandatory partners with one-stop employment training centers. Caring for Children Act of 2002 - Amends the Child Care and Development Block Grant Act of 1990 to specify consumer education information States are required to collect and disseminate. Amends income tax benefits and reporting requirements. Reauthorizes funding for State child care entitlement programs and revises State requirements for child support payments. Amends SSA title XI (General Provisions) to eliminate specified limitations on the Secretary's authority to approve demonstration projects and grant waivers. Amends SSA title XVI (Supplemental Security Income) (SSI) to require the Commissioner of Social Security to review State agency blindness and disability determinations. Authorizes the administering Secretary to authorize innovative State demonstration projects involving individual programs, or integrating multiple public assistance, employment security, and other programs to support working families. Amends the Food Stamp Act of 1977 to require the Secretary to establish a program to make grants to States to provide food assistance and funds to operate employment and training programs for needy individuals. Extends abstinence education funding and reauthorizes transitional medical assistance.
United States · United States Congress · 8 May 2002
Consumer Privacy Protection Act of 2002 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change. Requires the organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information. Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Allows a consumer an opportunity to limit other information practices of the organization. Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information. Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved self-regulatory program for an eight-year period. Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers. Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact. Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce.
United States · United States Congress · 30 April 2002
America's Wilderness Protection Act - Releases all areas with wilderness study area status on this Act's enactment date from such status on the earlier of: (1) the date the Secretary of the Interior or the Secretary of Agriculture determines that the area is not suitable for wilderness designation; (2) ten years after this Act's enactment; or (3) the date the area is designated as wilderness by Congress. Releases any area that is given wilderness study area status after this Act's enactment from such status on the earlier of: (1) the date such Secretary determines that the area is not suitable for wilderness designation; (2) ten years after the date the area was given such status; or (3) the date that the area is designated as wilderness by Congress. Provides for the reversion of any area that is released from wilderness study area status to the land use status such area had immediately before and prohibits it from being studied again regarding wilderness designation.
United States · United States Congress · 25 April 2002
Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act of 2002 - 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. 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. 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, absent material and knowing misrepresentation by those submitting required approval or clearance information to the FDA. 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. .
United States · United States Congress · 25 April 2002
Recognizes the devastating impact of fragile X on thousands of people in the United States and their families. Calls for increased research. Supports National Fragile X Research Day and associated activities.
United States · United States Congress · 24 April 2002
Auction Reform Act of 2002 - Amends the Communications Act of 1934, the Balanced Budget Act of 1997, and other Federal law to repeal current deadlines for licenses for and auctioning of electromagnetic spectrum used by analog television broadcasters (which includes spectrum in the general 700 megahertz range). Prohibits the Federal Communications Commission (FCC) from commencing or conducting spectrum auctions 31 and 44, currently scheduled for June 19, 2002. Requires the FCC to report to Congress: (1) specifying when it intends to reschedule such auctions; and (2) describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions.
United States · United States Congress · 11 April 2002
Approves the site at Yucca Mountain, Nevada, for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, pursuant to the Nuclear Waste Policy Act of 1982.
United States · United States Congress · 10 April 2002
Declares that Congress expresses its deepest gratitude for the service of the District of Columbia Army National Guard in protecting Congress and increasing security around the Capitol complex. Congratulates the National Guard and Capitol Police on the fine work they have done to increase security around the Capitol grounds since the terrorist attacks of September 11, 2001.
United States · United States Congress · 9 April 2002
Amends: (1) title V (Maternal and Child Health Services) of the Social Security Act (SSA) to extend the abstinence education funding through FY 2007; and (2) SSA title XIX (Medicaid) to extend grants to States for the transitional medical assistance program through FY 2003.
United States · United States Congress · 7 March 2002
Congratulates the people of Utah, the Salt Lake Organizing Committee, the United States Olympic Team, and the athletes of the world for an outstanding and inspiring 2002 Olympic Winter Games, and thanks the thousands of law enforcement and public safety personnel, military servicemen and women, and volunteers who contributed so much to ensure the Winter Olympics were safe, secure, and friendly.
United States · United States Congress · 4 March 2002
Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code to establish, operate, and maintain such second-level domain. Requires the selected registry, as a condition of contract renewal, to provide and implement written content standards for the new domain and a process for the removal of content that does not meet such standards. Requires the NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies. Provides for Comptroller General review of the registry selected and the domain content.
United States · United States Congress · 26 February 2002
Museum and Library Services Act of 2002 - Amends the Museum and Library Services Act (MLSA) and the Library Services and Technology Act (LSTA) to extend authorizations of appropriations and revise programs under such Acts. 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. 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 February 2002
Highway Funding Restoration Act - Amends the Transportation Equity Act for the 21st Century to require that obligations for Federal-aid highway and highway safety construction programs for FY 2003: (1) meet a specified minimum level; and (2) be distributed in accordance with that Act.
United States · United States Congress · 20 December 2001
Pipeline Infrastructure Protection to Enhance Security and Safety Act - Amends Federal transportation law "one-call notification system" provisions concerning notification to underground facility operators of excavations to: (1) require participation by government operators; and (2) encourage the adoption of the "Common Ground" report. Revises pipeline safety provisions to require the Secretary of Transportation: (1) when assessing the security and safety of pipeline facilities, to assess the vulnerabilities of such facilities to terrorist attacks; (2) when prescribing minimum safety standards for pipeline transportation and for pipeline facilities, to include in such standards a requirement that pipeline facility operators participate in a public safety program; and (3) to establish pipeline public education and safety standards. Directs the Secretary of Transportation, in coordination with the Secretary of Energy, to develop and implement a cooperative program of research, development, and demonstration to ensure the integrity of pipeline facilities. Requires the establishment of a Pipeline Integrity Technical Advisory Committee to develop a cooperative pipeline facility integrity program. Establishes a pipeline controller certification qualification program. Requires a pipeline facility operator to provide: (1) geospatial data appropriate for use in the National Pipeline Mapping System; (2) identification of the person with primary operational control; (3) develop and implement terrorism security programs; and (4) with a condition deemed potentially unsafe condition to take necessary corrective actions. Authorizes to pipelines: (1) technical assistance; and (2) security recommendations. Requires a coordinated environmental review process for pipeline repair and rehabilitation projects. Permits withholding from the public certain pipeline information that could reveal the systemic vulnerability of a pipeline to attack.
United States · United States Congress · 18 December 2001
Electronic Duck Stamp Act of 2001 - Amends Federal wildlife conservation law to authorize the electronic issuance and recognition of Federal Migratory Bird Hunting and Conservation Stamps (Federal Duck Stamps).
United States · United States Congress · 13 December 2001
Nurse Reinvestment Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop national public service announcements and make grants to support State and local broadcasts promoting the nursing profession. Expands eligibility for the nursing loan repayment program to include service in private hospitals, State or local departments of public health, skilled nursing facilities, home health agencies, hospice programs, and ambulatory surgical centers, subject to certain restrictions. Authorizes the Secretary to provide nursing scholarships in exchange for nursing services in designated health facilities. Treats such scholarships as equivalent to those made under the National Health Service Corps Scholarship Program for repayment purposes, except as specified. Grants preference to applicants with the greatest financial need and/or a willingness to serve in geographic areas with nursing shortages and need. Requires the Comptroller General to study and report to Congress on: (1) any differences in nurse hiring practices between profit and nonprofit private entities because of the inclusion of for-profit privates in the loan repayment program; and (2) whether a nursing school faculty shortage exists.
United States · United States Congress · 13 December 2001
Prompt Utilization of Wireless Spectrum Act of 2001 - Approves the settlement reached in NextWave Personal Communications Inc., and NextWave Power Partners Inc., v. Federal Communications Commission and the United States of America. Authorizes and appropriates funds to pay the settlement which requires NextWave's complete relinquishment of any and all claims related to designated licenses or the covered spectrum within 10 days of final bankruptcy settlement approval. Earmarks a portion of such settlement as a nonrefundable advance tax payment. Sets forth provisions governing the subsequent disposition of such licenses through the implementation of auction 35, including bid, payment, ability to withdraw and/or receive refunds, expedited judicial review, and limitations on administrative or judicial review of Commission decisions, determinations, and orders.
United States · United States Congress · 11 December 2001
Health Care Safety Net Improvement Act - Amends the Public Health Service Act (PHSA) to increase the authorization of appropriations for health centers for FY 1997 through FY 2002 and authorize such appropriations as may be necessary for such centers for FY 2003 through FY 2006. Includes within: (1) "required primary health services" appropriate cancer screening (currently, screening for breast and cervical cancer), specialty referral when medically indicated, and specified housing-related services; and (2) "additional health services" behavioral and mental health substance abuse services. Permits grants to health centers for the planning and development of management networks. Rewrites PHSA provisions regarding rural health. Provide grants for expanded delivery of health care services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities. Telehealth Grant Consolidation Act of 2001 - Provides for the establishment: (1) of telehealth network and telehealth resource centers grant programs; and (2) an Office for the Advancement of Telehealth. Provides for grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas. Reauthorizes and rewrites PHSA provisions regarding the National Health Service Corps program. Prohibits an entity to which a Corps member is assigned from denying requested health services and discriminating in the provision of services because an individual is unable to pay. Provides for a community access demonstration program to improve the effectiveness, efficiency, and coordination of services for uninsured and underinsured individuals. Expands the availability of dental health services.
![Official portrait of Rep. Tauzin, W. J. (Billy) [R-LA-3]](https://www.congress.gov/img/member/t000058_200.jpg)