United States · United States Congress · 19 September 2002
Check Clearing for the 21st Century Act - Sets forth a statutory framework under which a substitute check is the legal equivalent of an original check for all purposes, if the substitute check: (1) accurately represents all of the information on the front and back of the original check as of the time the original check was truncated; and (2) bears the legend: "This is a legal copy of your check. You can use it the same way you would use the original check." Prescribes implementation guidelines, including: (1) indemnity procedures; (2) substitute check warranties; (3) expedited recredit claims for consumers and for banks; (4) procedures for claims; (5) measure of damages; (6) statute of limitations; and (7) consumer education materials.
United States · United States Congress · 18 September 2002
Military Survivor Benefits Improvement Act of 2002 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 or over, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months beginning on or before the enactment of this Act; (2) 40 percent of such pay, for months beginning after enactment of this Act until October 2005; (3) 45 percent of such pay for months beginning after September 2005 and before October 2012; and (4) 55 percent of such pay for months after September 2012. Adjusts similarly the percentage amounts of SBP supplemental annuity authorized to be provided for such surviving spouses. Directs the Secretary of Defense to ensure appropriate adjustments in the computation of retired pay reductions for such supplemental annuities.
United States · United States Congress · 5 September 2002
Designates the Federal building and U.S. courthouse located at 200 West 2nd Street, in Dayton, Ohio, as the Tony Hall Federal Building and United States Courthouse.
United States · United States Congress · 4 September 2002
National AMBER Alert Act of 2002 - Directs the Attorney General to establish an AMBER (America's Missing: Broadcast Emergency Response) Alert Coordinator position to: (1) establish guidelines for implementing a statewide AMBER Alert plan; (2) provide technical assistance to the States, broadcasters, and law enforcement agencies in implementing such plans; (3) certify to the Secretary of Transportation any State that has established or agrees to establish such a plan and a reciprocal arrangement with other States; and (4) monitor compliance and revoke certification of any State that fails to establish such a plan. Directs the Secretary to make grants to certified States to develop, acquire, install, and construct facilities and equipment along highways to notify the public about missing children and their abductors.
United States · United States Congress · 26 July 2002
Internet Radio Fairness Act - Declares that the July 8, 2002, determination by the Librarian of Congress of rates and terms for the digital performance of sound recordings and ephemeral recordings shall not apply to transmissions and ephemeral recordings by a small business, small organization, or small governmental jurisdiction (small entities). Declares further that the first determination of terms and rates of royalty payments made after enactment of this Act shall apply to transmissions made by small business concerns during the period between the enactment of the Digital Millennium Copyright Act and the date provided for in that determination. Requires the copyright arbitration royalty panel to establish rates and terms in accordance with specified objectives. Amends Federal copyright law to declare that, except in the case of a motion picture or other audiovisual work, it is not a copyright infringement for a transmitting organization entitled to transmit to the public a performance or display of a work, under a license or transfer of the copyright, or for a broadcast radio station licensed by the Federal Communications Commission that makes a broadcast transmission of a sound recording in a digital format on a nonsubscription basis, to make one or more copies or phonorecords of that work, if each copy or phonorecord is: (1) retained and used solely by the transmitting organization that made it; and (2) used solely for the purpose of making the transmitting organization's own transmissions or for purposes of archival preservation or security.
United States · United States Congress · 23 July 2002
Education Freedom Act - Amends the Internal Revenue Code to permit a tax credit for 50 percent of certain cash contributions by a taxpayer to an education investment organization or to an elementary or secondary school. Sets a maximum credit of $50,000 for corporations and $250 for other taxpayers ($500 for a joint return). Provides other limitations on the amount of the credit in certain specified instances. Excludes from gross income any amount received as a grant for qualified elementary and secondary expenses from an education investment organization. Defines "qualified elementary and secondary expenses" and "education investment organization." Revises definition of "school" for purposes of defining qualified elementary and secondary education expenses.
United States · United States Congress · 23 July 2002
Back to School Tax Relief Act of 2002 - Amends the Internal Revenue Code to permit a taxpayer whose adjusted gross income is $20,000 or less ($40,000 in the case of a joint return) to deduct up to $3,000 in qualified elementary and secondary education expenses. Defines qualified elementary and secondary education expenses and adjusted gross income.
United States · United States Congress · 17 July 2002
National Aviation Heritage Area Act - Establishes within the State of Ohio (and other areas as appropriate) the National Aviation Heritage Area (the "Area"). Directs the Area's management entity, the Aviation Heritage Foundation, Incorporated (the AHFI, an Ohio nonprofit) to develop and submit to the Secretary of the Interior (the "Secretary") a Management Plan (the "Plan") for the Area and to assist government and nonprofits in developing the Area in specified ways. Requires the Plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Area, and to include recommendations for inclusion within the Area of suitable and feasible sites. Directs the Secretary to approve the Plan or to disapprove it, and to provide recommendations in the latter instance. Prohibits appropriated funds from being expended to implement any changes made by a substantial amendment to the Plan until the Secretary approves of such amendment. Authorizes the Secretary to provide financial or technical assistance to the Area to develop and implement the Plan upon request by the AHFI. Requires any Federal agency involved with activities affecting the Area to consult with the AHFI and the Secretary and, to the maximum extent practicable, act in ways the AHFI determines will not adversely affect the Area. Provides for the coordination of decisions with regard to the Area by the Secretary, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration. Specifies the sunset of grants and assistance from the Secretary for the Area after September 30, 2017. Requires an updated study and report concerning incorporating the Wright Company factory as a unit of the Dayton Aviation Heritage National Park.
United States · United States Congress · 17 July 2002
Expresses the sense of Congress that the Federal Mediation and Conciliation Service should immediately: (1) offer its services to the Major League Baseball Players Association and the team owners who are members of the National Association of Professional Baseball Leagues to resolve labor contract disputes over entering into a collective bargaining agreement; and (2) use its best efforts to bring the parties to agree to such contract without engaging in a strike, a lockout, or any other coercion that interferes with the playing of scheduled professional baseball games.
United States · United States Congress · 16 July 2002
Child Support Enforcement Act - Amends the Internal Revenue Code (relating to the deduction for bad debts) to allow a custodial parent to claim unpaid child support payments as a deduction. Bars a delinquent debtor from filing an amended return in any subsequent year to reflect the subsequent payment of unpaid child support. Includes unpaid child support in the gross income of the delinquent debtor. Precludes taxpayer information regarding child support payments from serving as a basis for selecting an individual's tax return for general audit.
United States · United States Congress · 10 July 2002
Teacher Tax Relief Act of 2002 - Amends the Internal Revenue Code to increase from $250 to $500 the maximum above-the-line deduction allowed for classroom supply expenses incurred by elementary and secondary school teachers, effective after December 31, 2001. Expands such deduction to include qualified professional development expenses.
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.
United States · United States Congress · 19 June 2002
Partial-Birth Abortion Ban Act of 2002 - 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. 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 · 19 June 2002
Cancer Survivorship Research and Quality of Life Act of 2002 - Amends the Public Health Service Act to include demonstration, education, and other programs concerning cancer survivorship among the activities of the National Cancer Institute (Institute) within the National Institutes of Health (NIH). Requires the Director of NIH to: (1) expand and coordinate NIH activities related to cancer survivorship; and (2) establish an Office on Survivorship within the Institute. Creates the position of Associate Director for Survivorship. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Protection, to: (1) study the health challenges associated with cancer survivorship and carry out projects and interventions; and (2) make grants for the monitoring and evaluation of cancer care and survivorship.
United States · United States Congress · 18 June 2002
Recognizes The First Tee, a youth character-building organization, for its support of programs that provide young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as honor, integrity, and sportsmanship.
United States · United States Congress · 6 June 2002
Anti-Pyramid Promotional Scheme Act of 2002 - Directs the Federal Trade Commission to promulgate a rule declaring that it is an unfair or deceptive act or practice for any person to use any means or instrumentality of transportation or communication in interstate or foreign commerce in order to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme. Provides for civil and criminal enforcement under both State and Federal law.
United States · United States Congress · 6 June 2002
Educator Appreciation and Classroom Help Act - Amends the Internal Revenue Code to permit a $1,000 tax credit for "eligible" primary and secondary school teachers and home school teachers. Defines "eligible" teachers. Eliminates the two-percent floor on miscellaneous itemized deductions from applying to various costs incurred by eligible elementary and secondary school teachers for certain courses to enhance teaching skills. Expands the deduction for eligible elementary and secondary school teachers for unreimbursed costs of classroom supplies to up to $2,000 (currently the maximum allowed deduction is $250) and allows home school educators a deduction of up to $2,000 for supplies.
United States · United States Congress · 24 May 2002
Citizen Service Act of 2002 - Amends the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA) to reauthorize appropriations and revise requirements for national volunteer service programs administered by the Corporation for National and Community Service (CNCS). Includes among NCSA programs: (1) Learn and Serve America (Service-Learning); (2) AmeriCorps (AC) Grants; (3) AC-National Civilian Community Corps (NCCC); and (2). Includes among DVSA programs: (1) AC-Volunteers in Service to America (VISTA); and (2) Senior Corps, including Foster Grandparents, Senior Companions, and Retired and Senior Volunteer Program (RSVP). Authorizes grants to: (1) America's Promise: The Alliance for Youth; and (2) the Points of Light Foundation. Revises provisions for CNCS administration of national volunteer service programs and for accountability of recipients of funds.
United States · United States Congress · 21 May 2002
Expresses the sense of Congress that: (1) people in the United States should take an active role in the fight against Huntington's disease through awareness of family histories and genetic testing as well as advocacy; (2) the role of organizations and health care providers in promoting disease awareness should be recognized; and (3) the Federal Government has a responsibility to raise awareness and increase funding for research of such disease.
United States · United States Congress · 14 May 2002
Amateur Radio Emergency Communications Consistency Act of 2002 - Provides that, for purposes of the Federal Communications Commission's regulation relating to station antenna structures in the amateur radio services, any private land use rules applicable to such structures shall be treated as a State or local regulation and subject to the same requirements and limitations of such a regulation.
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 · 8 May 2002
Lifetime Consequences for Sex Offenders Act of 2002 - Amends the Federal criminal code to make the authorized term of supervised release for specified sex offenses any term of years or life. Includes among the covered offenses sexual abuse, sexual exploitation of children, transportation for illegal sexual activity (generally), use of interstate facilities to transmit information about a minor, transportation of minors with intent to engage in criminal sexual activity or in a sexual act with a juvenile, coercion and enticement to engage in criminal sexual activity, and sex trafficking of children.
United States · United States Congress · 2 May 2002
Truth in Domain Names Act - Amends the Federal criminal code to prohibit knowingly using a misleading domain name with the intent to attract a minor into viewing a visual depiction of sexually explicit conduct on the Internet.
United States · United States Congress · 1 May 2002
Arming Pilots Against Terrorism Act - Amends Federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize qualified volunteer pilots of passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers. Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct.
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
Honors the tenth anniversary of the opening of the Nation's first charter school. Commends the charter school movement and charter schools, teachers, parents, and students across the Nation for their ongoing contributions to education and improving and strengthening the Nation's public school system. Supports the goals of National Charter Schools Week.
United States · United States Congress · 24 April 2002
Instructional Materials Accessibility Act of 2002 - Directs Secretary of Education to: (1) develop and publish instructional materials accessibility standards for the national electronic file format to be used by publishers of instructional materials in the preparation of electronic files suitable for efficient conversion into specialized formats; (2) establish a National Instructional Materials Accessibility Advisory Committee to provide technical expertise and guidance in creating such national electronic file format; (3) periodically review and amend such standards to reflect technological advances or changes; and (4) establish a National Instructional Materials Access Center. Requires State educational agencies, as a condition for receiving Federal financial assistance under the Individuals with Disabilities Education Act, to develop and implement statewide plans and make contracts with publishers to ensure that instructional materials for classroom use in elementary and secondary schools are made available in specialized formats to individuals who are blind or have other print disabilities at the same time such materials are provided to individuals without such disabilities. Authorizes the Secretary to make grants to eligible entities to provide or improve their capacity to prepare or obtain instructional materials in specialized formats, including the national electronic format. Provides for enforcement of rights of children and parents under this Act.
United States · United States Congress · 18 April 2002
Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria. Directs the President to impose two or more specified sanctions against Syria. Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon; (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions; (5) has made substantial progress in negotiations aimed at a peace agreement with Israel and a peace agreement between Israel and Lebanon; and (6) is respecting the sovereignty and political independence of Lebanon as required under UN Security Council Resolution 520. Authorizes the President to provide development assistance to Syria and Lebanon if these six requirements are met.
United States · United States Congress · 18 April 2002
Expresses: (1) solidarity with Israel as it takes necessary steps to provide security to its people by dismantling the terrorist infrastructure in the Palestinian areas; and (2) commitment to Israel's right to self-defense and support for additional U.S. assistance. Condemns the recent wave of Palestinian suicide bombings and the ongoing support and coordination of terror by Yasir Arafat and other members of the Palestinian leadership. Demands that the Palestinian Authority fulfill its commitment to dismantle the terrorist infrastructure in the Palestinian areas. Expresses concern that Arafat's actions are not those of a viable partner for peace. Urges all Arab states to declare their unqualified opposition to all forms of terrorism, particularly suicide bombing, and all parties in the region to pursue peace in the Middle East. Commends the President for his leadership in addressing the Israeli-Palestinian conflict.
United States · United States Congress · 16 April 2002
American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to: (1) authorize the Secretary of Housing and Urban Development to make grants to participating jurisdictions for downpayment assistance to low-income, first-time home buyers; and (2) make the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to such assistance. Amends the Housing Opportunity Program Extension Act of 1996 to authorize appropriations for the self-help housing provider program. Amends the United States Housing Act of 1937 to authorize appropriations for the public housing agency grant program for project demolition, revitalization, and replacement, and tenant-based assistance. Extends the program sunset date to September 30, 2003.
United States · United States Congress · 11 April 2002
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.
United States · United States Congress · 10 April 2002
Combat Pay for Combat Risk Act of 2002 - Dictates that a member of the Armed Forces of the United States who is entitled to special pay for being subject to hostile fire or imminent danger as part of Operation Enduring Freedom (or any successor operation) shall be treated in the same manner as if the individual were in a combat zone for the following provisions of the Internal Revenue Code: (1) those relating to the special rule where a deceased spouse was missing in action; (2) those pertaining to exclusion of certain combat pay for soldiers; (3) those relating to income taxes of members of the Armed Forces upon death; (4) those pertaining to members of the Armed Forces dying in combat zone or by reason of wounds suffered in the combat zone; (5) those defining wages relating to combat pay (to apply to remuneration paid after the passage of the Act); (6) those dealing with taxation of phone service for soldiers from a combat zone; (7) those pertaining to a joint tax return where an individual is missing in action; and (8) those relating to time for performing certain acts postponed due to service in a combat zone.
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
Immigration and Naturalization Service Reorganization Act of 2002 - Abolishes the Immigration and Naturalization Service. Amends the Immigration and Nationality Act to establish in the Department of Justice the Bureau for Immigration Enforcement which shall perform border patrol, inspection, removal, and other enforcement functions. States that the head of such Bureau shall be the Director for Immigration Enforcement. Establishes in the Department of State an Assistant Secretary of State for Immigration Affairs, an Assistant Secretary of State for Refugee Admissions and Asylum Affairs, and an Assistant Secretary of State for Citizenship and Passport Services. States that such Secretaries shall be under the supervision of an Under Secretary of State for Citizenship, Immigration, and Refugee Admissions. States that the Secretary of Labor shall be responsible for enforcement of immigration laws relating to: (1) verification of employment authorization; and (2) enforcement of terms and conditions of employment. Provides for the transfer and allocation of related appropriations and personnel.
United States · United States Congress · 20 March 2002
Abandoned Hardrock Mines Reclamation Act of 2002 - Establishes in the Treasury an interest-bearing Abandoned Minerals Mine Reclamation Fund. Requires any person producing hardrock minerals from a mine within an unpatented mining claim or a mine on land that was patented under the general mining laws to pay into such fund a percentage-based reclamation fee. Authorizes the Secretary of the Interior to use the Fund for the reclamation and restoration affecting eligible areas. Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to issue an abandoned or inactive mined land waste remediation permit to a remediating party (the United States, States, local governments, or Indian tribes) for discharges associated with remediation activity at abandoned or inactive mined land under certain conditions. Authorizes and sets forth guidelines for issuance of permits by the Administrator and application requirements. Authorizes enforcement actions against parties who fail to comply with permit conditions. Makes remediation plans under permits issued under this Act eligible for nonpoint source management grants.
United States · United States Congress · 20 March 2002
Rural Wireless Telecommunications Consumer Enhancement Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), in adopting rules that apply to small rural wireless carriers (carriers with fewer than one percent of the Nation's wireless subscribers), to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on such carriers. Requires forbearance in the imposition of any requirement that would cause such carriers to divert resources from improving existing and advanced services, making infrastructure investments, and undertaking other initiatives for the benefit of businesses and residents in rural areas, so long as such forbearance is in the public interest. Requires the FCC to act within 90 days on a petition from such a carrier for reconsideration or other review of an FCC rule, policy, or other requirement. Establishes in the FCC an Office of Rural Advocacy to undertake specified activities with respect to the promotion and provision of wireless telecommunications services for rural populations.
United States · United States Congress · 20 March 2002
Makes title IX (relating to sunset provisions) of the Economic Growth and Tax Relief Reconciliation Act of 2001 inapplicable to title III (relating to marriage penalty relief) of such Act, thus making title III permanent.
United States · United States Congress · 19 March 2002
Housing Affordability for America Act of 2002 - Amends specified housing-related Acts with respect to: (1) home investment partnerships; (2) Federal Housing Administration (FHA) mortgage insurance for single and multifamily housing, and health care facilities; (3) supportive housing for elderly and disabled families; (4) section 8 rental housing assistance; (5) public housing; (6) Hope VI revitalization assistance; (7) homeless housing programs; (8) Native American housing; (9) housing impact analysis; (10) community development block grants; (11) housing counseling programs; (13) housing opportunities for persons with AIDS; and (14) Government National Mortgage Association (GNMA) guarantee fees.
United States · United States Congress · 7 March 2002
Ten Commandments Defense Act of 2002 - Declares reserved to the States the power to display the Ten Commandments on State or local government property. Declares that expressions of religious faith by individual persons upon State property are: (1) protected against Federal laws or regulations respecting an establishment of religion or prohibiting the free exercise of religion; and (2) among those liberties of which no State may deprive any person without due process of law made in pursuance of powers reserved to the States. Requires the courts established by the Congress to exercise judicial power in accordance with such declarations.
United States · United States Congress · 5 March 2002
Keeping Children and Families Safe Act of 2002 - Amends the Child Abuse Prevention and Treatment Act to revise requirements for child abuse prevention and treatment grants, with special emphasis on: (1) community-based organizations; (2) linkages between child protective services agencies and health care, mental health care, and developmental services; and (3) children with disabilities or serious health-related problems who are victims of abuse or neglect. Amends the Abandoned Infants Assistance Act of 1988 with respect to infant abandonment prevention grants and family support programs for child abuse and neglect prevention. Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary to research and report to the appropriate congressional committees about adoption outcomes and the factors affecting them. Amends the Family Violence Prevention and Services Act to: (1) revise requirements for State demonstration grants; (2) authorize an extended duration of a national domestic violence hotline grant; and (3) extend the authorization of appropriations for demonstration grants for community initiatives and for transitional housing assistance grants.
United States · United States Congress · 28 February 2002
Authorizes the President to posthumously award the Medal of Honor to Don S. Gentile of Piqua, Ohio, for acts of gallantry during World War II in the European theater of operations.
United States · United States Congress · 14 February 2002
Securities and Exchange Commission Authorization Act of 2002 - Authorizes appropriations for the Securities and Exchange Commission for FY 2003. Earmarks specified amounts for the Division of Corporate Finance and the Division of Enforcement.
United States · United States Congress · 14 February 2002
Pension Security Act of 2002 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require individual account plans, including those with cash or deferred arrangements under IRC section 401(k), to furnish quarterly pension benefit statements to plan participants and beneficiaries with rights to direct investments. Requires individual account plan administrators to give 30 days notice (except in specified circumstances) to plan participants and beneficiaries before a period (lockdown, blackout) in which their ability to divest or diversify assets control over their account assets will be limited. Provides that, during such lockdown periods, employers are not exempt from liability for failing in fiduciary duty with respect to individual account plan investments; but states that this loss of exemption from liability is not triggered by any limitations or restrictions on employee ability to divest or diversify assets, if such limitations or restrictions are disclosed to participants and beneficiaries through summary plan description or materials describing specific investment alternatives under the plan. Amends ERISA and IRC to prohibit individual account plans from acquiring or holding employer securities with respect to which there is any restriction on divestment by a participant or beneficiary after the participant has completed three years of plan participation. Exempts employee stock ownership plans (ESOPS) from this prohibition. Allows ERISA prohibited transaction exemptions under specified conditions to: (1) a fiduciary adviser's providing certain investment advice to an employee benefit plan or to a participant or beneficiary of such plan; (2) sale, acquisition, or holding of securities or other property (including any lending of money or other extension of credit associated with these) pursuant to such advice; and (3) direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate in connection with providing such advice. Amends the Securities Exchange Act of 1934 to prohibit certain insider trading during pension plan transaction suspension periods.
United States · United States Congress · 14 February 2002
Corporate and Auditing Accountability, Responsibility, and Transparency Act of 2002 - States that the Securities and Exchange Commission (SEC) shall not accept a financial statement certified by an accountant unless such accountant is subject to oversight by a public regulatory organization (PRO), and is in good standing with it. Directs the SEC to: (1) prescribe the criteria that would permit recognition of a PRO for purposes of this Act; and (2) revise auditor independence regulations so as to exclude certain non-audit services from activities permissible for an independent auditor. Prescribes procedural guidelines for: (1) prompt notification of PRO sanctions to the SEC; and (2) SEC review of such sanctions. Prohibits an officer, director, or affiliated persons of an issuer of a registered security from exerting improper influence upon the conduct of audits. Mandates, upon SEC request, rapid disclosure of an issuer's financial condition or operations, including electronic disclosure of insider and affiliate transactions. Prohibits a ten percent beneficial owner from engaging in insider trades during pension fund blackout periods. Exempts certain such owners from this proscription. Bars a lawsuit for violation of such insider trades two years after the date the insider trade profit was realized. Permits the SEC to design exemptions. Directs the SEC to: (1) modify regulations governing corporate disclosures; (2) set minimum periodic review requirements for certain securities; and (3) study and report to specified congressional committees on rules relating to analyst conflicts of interest, corporate governance practices, enforcement actions, and credit rating agencies.
![Official portrait of Rep. Tiberi, Patrick J. [R-OH-12]](https://www.congress.gov/img/member/t000462_200.jpg)