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Official portrait of Rep. Bartlett, Steve [R-TX-3]

Rep. Bartlett, Steve [R-TX-3]

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889 records where Rep. Bartlett, Steve [R-TX-3] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4807 (101st)referred

Americans with Disabilities Act of 1990

United States · United States Congress · 14 May 1990

Americans with Disabilities Act of 1990 - Title I: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee (covered entity) against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists actions construed to be discrimination. Allows: (1) actions that are job related and consistent with business necessity, if performance cannot be accomplished by reasonable accommodation; (2) a requirement that an individual not pose a direct threat to the health or safety of other individuals in the workplace; and (3) requirements that an individual be a member of and conform to the tenets of a religious entity employer. Excludes from the term "qualified individual with a disability" an individual who is currently engaging in the illegal use of drugs. Allows a covered entity to take specified actions with regard to the illegal use of drugs and the use of alcohol in relation to the workplace. Declares that, for this title, a test to determine illegal use of drugs is not a medical examination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 available to the Equal Employment Opportunity Commission, the Attorney General, or any person alleging discrimination in violation of this Act. Title II: Public Service - Subtitle A: Prohibition Against Discrimination and Other Generally Applicable Provisions - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by public entity (defined as a State, an agency, political subdivision, or other instrumentality of a State or States, the National Railroad Passenger Corporation, and any commuter authority as defined in the Rail Passenger Service Act.) Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any person alleging discrimination in violation of these provisions. Requires regulations under this subtitle: (1) subject to exception, to be consistent with certain coordination regulations applicable to recipients of Federal financial assistance under the Rehabilitation Act of 1973; and (2) to include standards for facilities and vehicles covered by this subtitle consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (ATBCB). Subtitle B: Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory - Part I: Public Transportation Other Than Aircraft or Certain Rail Operations - Lists actions deemed to be discrimination with regard to: (1) public entities operating fixed route systems, with an exception for historic vehicles; (2) paratransit as a complement to fixed route service, with consideration given to undue financial burdens; and (3) public entities operating demand responsive systems. Allows the Secretary of Transportation, in certain circumstances, to temporarily relieve a public entity from the obligation to purchase new buses that are accessible and usable by individuals with disabilities. Lists actions deemed to be discrimination with regard to construction of new facilities or alterations of existing facilities, with special rules for rapid rail and light rail key stations, including an extension of deadlines for extraordinarily expensive structural changes. Lists actions deemed to be discrimination with regard to public transportation programs and activities in existing facilities, with an exception for certain key stations. Requires one accessible car per train. Provides an exception for historic trains. Requires regulations under these provisions to include standards consistent with the minimum ATBCB guidelines and requirements. Part II: Public Transportation by Intercity and Commuter Rail - Lists actions deemed to be discrimination with regard to intercity and commuter rail. Requires one accessible car per train. Requires accessibility standards included in regulations under this part to be consistent with the ATBCB minimum guidelines. Title III: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people. Lists actions construed to be discrimination, with an exception for historic or antiquated rail passenger cars. Exempts from this title: (1) private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964; and (2) religious organizations or entities controlled by religious organizations, including places of worship. Makes the remedies and procedures set forth in specified provisions of the Civil Rights Act of 1964 available to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to such discrimination. Declares that nothing in these provisions requires a person with a disability to engage in a futile gesture if the person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. Requires, for certain violations, injunctive orders to alter facilities and, in other circumstances as appropriate, injunctive orders to provide an auxiliary aid or service, modify a policy, or provide alternative methods. Directs the Attorney General to investigate alleged violations of this title and undertake periodic reviews of compliance. Provides for certification by the Attorney General that a State law or local building code or similar ordinance meets or exceeds the minimum requirements of this Act. Makes such certification rebuttable evidence that the law or ordinance meets or exceeds the requirements of this Act. Authorizes the Attorney General to commence a civil action in any U.S. district court if there is reasonable cause to believe that any person or group: (1) is engaged in a pattern or practice of discrimination; or (2) has been discriminated against and the discrimination raises an issue of general public importance. Allows a court, in such an action, to: (1) grant equitable relief as appropriate; (2) award other relief including monetary damages to persons aggrieved when requested by the Attorney General; and (3) assess a civil penalty. Requires any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes to offer the examinations or courses in an accessible place and manner or offer alternative accessible arrangements. Title IV: Telecommunications - Amends the Communications Act of 1934 to define "telecommunications relay services" to mean telephone transmission services that provide the ability for an individual with a hearing or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have such an impairment. Requires the Federal Communications Commission (FCC) to ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals. Grants the FCC, in order to carry out these provisions, the same authority regarding intrastate common carriers as it has over interstate common carriers. Requires each common carrier providing telephone voice transmission services to provide telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Requires that relay services operate 24 hours a day, every day and that rates be no greater than for voice communications services. Provides for certification by the Commission of State programs to implement intrastate telecommunications relay services. Requires any television public service announcement produced or funded in whole or part by any agency or instrumentality of the Federal Government to include closed captioning. Title V: Miscellaneous Provisions - Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal or State court for a violation of this Act. Prohibits retaliatory discrimination against any individual because of actions related to this Act. Prohibits coercion, intimidation, or interference with any individual in the exercise or enjoyment of, or on account of having exercised, or aided or encouraged others regarding, any right granted or protected by this Act. Requires the ATBCB to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design, including guidelines regarding historic properties. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act. Directs the Attorney General to develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding their responsibilities under this Act. Authorizes specified Federal agencies to: (1) render technical assistance regarding rights or duties under this Act; and (2) make grants or award contracts with regard to the provision of technical assistance. Directs the National Council on Disability to conduct a study and report on the effects that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System. Declares that, for this Act, the term "disabled" or "disability" shall not apply to transvestites. Provides for the application of this Act to the Senate, the House of Representatives, the Congress, and all of their instrumentalities. Declares that certain provisions of this Act and of the Fair Labor Standards Amendments of 1989 applying provisions of each Act to the House of Representatives are enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and may be changed as any other rule. Declares that, for this Act and subject to exception, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs. Excludes homosexuality, bisexuality, and certain conditions from the definition of "disability." Amends the Rehabilitation Act of 1973 to declare that, for title V of that Act and subject to exception, the term "individual with handicaps" does not include an individual who is currently engaging in the illegal use of drugs.

Bill· HRH.R. 4755 (101st)open

SSI Independence Act for Disabled Americans

United States · United States Congress · 9 May 1990

SSI Independence Act for Disabled Americans - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to exclude from an SSI recipient's income in SSI eligibility and benefit determinations, contributions of clothing and other contributions, other than cash paid directly to the recipient, which are for the purchase of social services, vocational rehabilitation services, medical care, transportation, educational services, personal assistance or attendant care services, and certain services or equipment related to the quality and livability of his or her shelter. Excludes a trust created for an SSI recipient's benefit from such recipient's resources if such recipient does not have access to the trust's assets. Excludes funds or property placed in a trust for an SSI recipient's benefit from such recipient's income. Directs the Secretary of Health and Human Services to provide notices and pamphlets to SSI applicants and recipients informing them of the consequences various actions affecting their income and resources will have on their SSI and Medicaid (title XIX of the Social Security Act) eligibility. Deems SSI applicants who lost disability benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act after their trial work period to have received SSI benefits while still eligible for OASDI disability benefits and therefore qualify for participation in the SSI work incentive program (providing Medicaid and special SSI cash benefits to disabled individuals whose earnings otherwise make them ineligible for SSI and Medicaid benefits) if they meet SSI income, resource, and disability tests. Provides that reviews to determine the continuing disability of participants in the SSI work incentive program need to be conducted no more frequently than once every 12 months. Excludes spousal income in determining a disabled and working individual's eligibility for participation in the SSI work incentive program. Precludes the attainment of age 65 from serving as a basis for the termination of Medicaid eligibility under the SSI work incentive program. Requires that State supplementary cash payments to the needy include participants in the SSI work incentive program. Excludes impairment-related work expenses from the income of an individual who is eligible for SSI and OASDI disability benefits but receives only State supplementary payments. Treats royalties from the publication of an individual's work and scholarships which have not been used for education expenses as earned income.

Bill· HRH.R. 4711 (101st)referred

Special Program of Recreational Training Act of 1990

United States · United States Congress · 2 May 1990

Special Program of Recreational Training Act of 1990 - Authorizes the Secretary of Housing and Urban Development to make grants for youth sports programs in public housing projects with substantial drug problems to qualified: (1) States; (2) local governments; (3) public housing agencies; and (4) nonprofit organizations providing youth sports services programs. Amends the Anti-Drug Abuse Act of 1988 to allocate appropriations.

Bill· HRH.R. 4683 (101st)referred

Judicial Taxation Prohibition Act

United States · United States Congress · 1 May 1990

Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.

Resolution· HCONRESH.Con.Res. 313 (101st)referred

In support of freedom of the press in Lithuania.

United States · United States Congress · 26 April 1990

Condemns the restrictions of the print and electronic media imposed by the Soviet Union on journalists attempting to cover events in Lithuania. Urges: (1) General Secretary Gorbachev to rescind restrictions on the admission of Western journalists to, and on freedom of the press in, Lithuania; and (2) President Bush to take steps to facilitate the readmission of Western journalists to Lithuania.

Bill· HRH.R. 4613 (101st)referred

Urban Homesteading and Bulk Sales Act

United States · United States Congress · 25 April 1990

Urban Homesteading and Bulk Sales Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to acquire single family properties in bulk from the Resolution Trust Corporation for transfer to State and local governmental and public agencies for the urban homesteading program. Prescribes guidelines for such program. Authorizes appropriations. Amends the Federal Home Loan Bank Act to prescribe guidelines for urban homesteading acquisition by the Secretary.

Bill· HRH.R. 4565 (101st)referred

Loans to One Borrower Transition Rule Act of 1990

United States · United States Congress · 19 April 1990

Loans to One Borrower Transition Rule Act of 1990 - Amends the Home Owners' Loan Act to establish a transition period during which specified limits apply to total loans and credit extensions offered by savings associations to any one borrower. Requires the Director of the Office of Thrift Supervision to prescribe regulations to implement this Act.

Bill· HRH.R. 4336 (101st)referred

Organ Procurement Process Review Act of 1990

United States · United States Congress · 21 March 1990

Organ Procurement Process Review Act of 1990 - Amends the Public Health Service Act require that an organ procurement organization (OPO), in order to be eligible to receive certain grants, have a service area of sufficient size which will include not less than 50 potential organ donors each year. (Current law requires a service area of sufficient size such that the organization can reasonably expect to procure organs from not less than 50 donors each year.) Repeals provisions of the Health Omnibus Programs Extension of 1988 which delay the effective date of certain related amendments, with regard to an OPO designated under specified provisions of the Social Security Act, until two years after the initial designations of the organization. Directs the Secretary of Health and Human Services to establish the National Advisory Committee for Review of the Organ Procurement Process.

Bill· HRH.R. 4294 (101st)open

Family Choice and Child Care Improvement Act of 1990

United States · United States Congress · 15 March 1990

Family Choice and Child Care Improvement Act of 1990 - Title I: Expansion of Head Start - Amends the Head Start Act to authorize Head Start programs to provide developmentally appropriate child care services throughout the year as full-working-day services to meet the needs of parents each of whom is working, attending a job training or educational program, or seeking employment. Authorizes appropriations for specified services on certain conditions. Directs the Secretary of Health and Human Services (HHS) to conduct a 20-year longitudinal research study on the effects of Head Start on children's development, with periodic reports to the Congress. Authorizes appropriations for such study. Title II: Small Business Involvement in Meeting Employee Child Care Needs - Directs the Secretary of HHS to establish a program of grants to eligible small businesses to: (1) pay start-up costs incurred to provide child care services needed by their employees; or (2) provide additional services. Defines small businesses as ones with fewer than 50 full-time employees. Authorizes appropriations. Title III: Block Grant Child Care Provisions - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set forth block grant payments to States for each fiscal year after FY 1990. Requires a specified portion of such grants to pay for child care services activities. Specifies certain administrative requirements, parental rights, and the rights of religious child care providers. Title IV: Tax Changes Relating to Child Care - Amends the Internal Revenue Code to increase the amount of the advance refundable earned income tax credit, and to adjust such credit for family size for eligible individuals with one or more children. Provides a supplemental young child credit for taxpayers with a qualifying child under age six. Provides a supplemental infant credit for taxpayers with a qualifying child under age one. Bases advance payment on the number of qualifying children. Coordinates the earned income tax credit with means-tested programs by: (1) treating Federal means-tested transfer payments as support provided by the individual taxpayer, solely for purposes of determining such credit; and (2) disregarding such credit in determining benefits under means-tested programs involving Federal funds. Directs the Secretary of the Treasury to study and report to the House Committee on Ways and Means whether the changes made by this Act to the advanced payment provisions of the Internal Revenue Code have resulted in an undue administrative or paperwork burden on taxpayers or the Internal Revenue Service. Phases out the dependent care credit and the exclusion for dependent care assistance for taxpayers whose adjusted gross income exceeds $70,000, by specified reductions for each $1,000 of such excess. Title V: Child Care Earnings Excluded from Excess Earnings Test - Amends the Social Security Act to exclude child care earnings from wages and from self-employment income, for purposes of the excess earnings test.

Bill· HRH.R. 4245 (101st)referred

Homeownership and Opportunity for People Everywhere Act of 1990

United States · United States Congress · 13 March 1990

Homeownership and Opportunity for People Everywhere Act of 1990 - Title I: HOPE Grants - Subtitle A: HOPE for Public and Indian Housing Homeownership - Amends the United States Housing Act of 1937 to authorize planning and implementation matching grants for public and Indian housing homeownership. Authorizes appropriations. Subtitle B: HOPE for HUD Multifamily Homeownership - Authorizes technical assistance, planning, and implementation matching grants for multifamily housing. Authorizes appropriations. Subtitle C: HOPE for Homeownership through Nonprofit Organizations - Authorizes implementation matching grants to private nonprofit organizations to carry out homeownership programs. Authorizes appropriations. Title II: Preservation of Low-Income Housing and Resident Homeownership - Retitles title II of the Emergency Low Income Housing Preservation Act of 1987 as the "Low-Income Housing Preservation and Resident Homeownership Act of 1990." Revises mortgage prepayment provisions. Authorizes approval of resident homeownership plans. Sets forth related conditions. Title III: Other HOPE Programs - Amends the Stewart B. McKinney Homeless Assistance Act to establish the shelter plus care program to provide specified rental assistance in connection with related support services to homeless persons who are seriously mentally ill or who have chronic alcohol or drug problems. Authorizes appropriations. Establishes a demonstration program to test the effectiveness of combining housing vouchers and support services to assist frail elderly persons to continue to live independently. Amends the United States Housing Act of 1937 to establish the Operation Bootstrap program to promote the development of local strategies to coordinate certificate and voucher program assistance with public and private resources to enable eligible families to achieve economic independence. Authorizes appropriations. Title IV: Housing Opportunity Zones - Authorizes the Secretary of Housing and Urban Development to designate Housing Opportunity Zones and approve Barrier-Removal Plans for cities and urban counties in order to remove legislative and administrative barriers to new and rehabilitated housing production.

Bill· HRH.R. 4248 (101st)referred

Affordable Housing and First Home Buyer Assistance Act of 1990

United States · United States Congress · 13 March 1990

Affordable Housing and First Home Buyer Assistance Act of 1990 - Title I: First Home Ownership Accounts - Amends the Internal Revenue Code of 1986 to permit a personal deduction for specified contributions to a first home ownership account. Treats such account as an individual retirement account upon a first home purchase. Title II: Repeal of Taxation of Gain on Sale of Principal Residence - Amends the Internal Revenue Code of 1986 to repeal the taxation of gain on the sale of a principal residence. Title III: Mortgage Bonds and Credit Certificates - Amends the Internal Revenue Code to extend through 1993 the issue period for qualified mortgage bonds. Title IV: Mortgage Insurance - Amends the National Housing Act with regard to adjustable rate single family mortgages to: (1) increase maximum interest adjustments; and (2) repeal the aggregate fiscal year limit on such insured mortgages and loans. Authorizes a first-time homebuyer downpayment insurance demonstration program. Amends the Federal National Mortgage Association Charter Act to provide a secondary market for downpayment loans. Amends the National Housing Act to authorize insurance for downpayment loans. Amends the National Housing Act to establish minimum Mutual Mortgage Insurance Fund reserves. Title V: Study Regarding Shared Equity Reserves - Directs the Secretary to study and report to the Congress on shared equity mortgages for first-time homebuyers. Authorizes appropriations.

Bill· HRH.R. 4079 (101st)referred

National Drug and Crime Emergency Act

United States · United States Congress · 22 February 1990

National Drug and Crime Emergency Act - Declares a National Drug and Crime Emergency for a five-year period, during which time it shall be U.S. policy that: (1) every person convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall serve no less than five years' imprisonment without release; (2) prisoners may be housed in tents and other temporary facilities; and (3) the Federal courts may limit the inmate population of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment and no other remedy exists. Title I: Elimination of Crime Without Punishment - Subtitle A: National Drug and Crime Emergency Policies - Amends the Federal criminal code to prohibit the Federal courts, during such emergency, from: (1) holding prison crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the Eighth Amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding Eighth Amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated, including consideration of tent housing or other shelters placed on available military bases and at other locations. Authorizes the President to direct the National Guard and the Army Corps of Engineers to design and construct temporary detention facilities. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using tent housing; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during such Emergency to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the Emergency, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Subtitle B: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, in addition to the punishment provided for such crime. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machinegun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this subtitle. Amends the Controlled Substances Act (CSA) to: (1) mandate life imprisonment without release for individuals convicted after two or more felony drug offenses or for a crime of violence; (2) increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from Bureau of Justice Assistance (BJA) Grant Programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Subtitle C: Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Repeals provisions establishing penalties for transportation or importation of prison-made goods. Authorizes the Federal Prison Industries to sell such goods to the public. Amends the Walsh-Healy Act to permit convict labor under specified conditions. Requires the Attorney General to submit to the Congress a report making recommendations for legislation to: (1) ensure that businesses and labor do not suffer unfair consequences from such repeal; and (2) encourage greater private sector participation in prison industries. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to bar Federal funding under the drug control and system improvement grant program for States failing to have an analogous State program. Subtitle D: Judicial Reform to Protect the Innocent and Punish the Guilty - Specifies that: (1) evidence obtained as a result of a search or seizure shall not be excluded in any Federal court proceeding on the ground that the search or seizure was in violation of the Fourth Amendment, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment; and (2) the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in any Federal court proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by Supreme Court rule. Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; or (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Title II: Achieving a Drug-Free America by 1995 - Requires individuals convicted of a CSA violation of possession of a controlled substance to pay to the Treasury the cost of the trial or, where defendant has insufficient income and property, an appropriate amount as determined by the court. Limits such payment to 25 percent of such person's annual income. Provides for mandatory fines of at least ten percent of income for a first offense and 25 percent for subsequent offenses. Subjects such person's property to forfeiture where there is insufficient income to pay such fines. Amends the Anti-Drug Abuse Act of 1988 to eliminate the judge's discretion in making individuals convicted of State offenses for the distribution of controlled substances ineligible for unearned Federal benefits, with exceptions for persons who: (1) declare and show by clear and convincing (currently, a reasonable body of) evidence that they are addicts and submit to long-term treatment; or (2) are determined to be rehabilitated. Makes similar changes with respect to individuals convicted of Federal or State drug possession offenses. Authorizes the court to reduce the period of ineligibility for such benefits to three months if the individual: (1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing; or (2) completes a period of community service and passes such testing. Grants priority for Federal drug law enforcement assistance funds from BJA Grant Programs to States having laws providing for revocation of drivers' licenses for individuals convicted of specified controlled substances violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program to reduce allocations to States which do not have such laws. Sets forth conditions for reinstatement. Requires the Secretary of Transportation to cause the Federal Aviation Administration to amend its regulations to revoke pilots' licenses for such violations. Amends the Public Health Service Act to make a State's receipt of Federal drug abuse allotments contingent upon the State submitting: (1) Statewide Drug Treatment Plan annually that meets certain specifications; and (2) periodic progress reports. Amends the Higher Education Act of 1965 to bar institutions of higher education from eligibility for Federal assistance unless they certify that they have adopted and implemented an alcohol and drug abuse prevention program for students and employees meeting specified requirements. Amends the Drug-Free Schools and Communities Act of 1986 to bar local educational agencies from eligibility for Federal assistance unless they make a similar certification. Transportation Employee Testing Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to: (1) establish a program requiring foreign and domestic air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing for illegal drug and alcohol use of air carrier personnel responsible for safety-sensitive functions and providing for periodic recurring testing of such employees; and (2) require the suspension or revocation of any certification issued to such person, or disqualification or dismissal, where such illegal drug or alcohol use has been confirmed. Bars air carrier personnel responsible for safety-sensitive functions from serving in such positions without having completed a rehabilitation program. Requires the Administrator to prescribe regulations for such programs which: (1) provide for the identification and opportunity for treatment of employees needing assistance; (2) specify the circumstances under which such employees shall be required to participate; (3) promote individual privacy in the collection of specimen samples; and (4) with respect to laboratories and testing procedures, incorporate Department of Health and Human Services scientific and technical guidelines intended to assure accuracy, confidentiality, and nondiscriminatory methods. Directs the Secretary of State and the Secretary of Transportation to jointly call upon member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit illegal drug and alcohol use by crewmembers in international civil aviation. Amends the Federal Railroad Safety Act of 1970, the Commercial Motor Vehicle Safety Act (CMVSA), and the Urban Mass Transportation Act of 1964 to establish programs similar to the Federal Aviation Act program for drug and alcohol testing. Provides for a pilot program, under the CMVSA, for the random testing of commercial motor vehicle operators and requires the Secretary to report on the results to the Congress. Makes funds from the Surface Transportation Assistance Act of 1982 available for the CMVSA program. Requires the Secretary to determine appropriate sanctions for mass transportation vehicle operators who are determined to have used alcohol or controlled substances in violation of law or Federal regulation but who are not under the influence of such substances. Amends the Federal judicial code to provide for the payment of awards to persons providing information leading to the arrest and conviction of individuals for the unlawful sale, or possession for sale, of a controlled substance or controlled substance analogue. Title III: Authorization of Appropriations - Authorizes appropriations to carry out this Act.

Bill· HRH.R. 3972 (101st)referred

Savings and Economic Growth Act of 1990

United States · United States Congress · 7 February 1990

Savings and Economic Growth Act of 1990 - Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains rate for noncorporate taxpayers through a deduction of: (1) 30 percent for assets held at least three years; (2) 20 percent for assets held at least two years; and (3) ten percent for assets held at least one year. Provides for the treatment of collectibles as short-term gains or losses (making them ineligible for such deduction). Disallows the capital gains deduction in computing the alternative minimum tax. Subtitle B: Depreciation Recapture - Provides for the treatment of gain from the disposition of certain depreciable realty as ordinary income. Title II: Home Ownership and Savings Incentives - Allows an exemption from the ten-percent additional tax on early distributions from qualified retirement plans up to $10,000, if the distribution is used to make a first-home purchase at a cost of no more than 110 percent of the median home price in the geographic area where the residence is located. Allows an individual (other than a dependent) to establish a family savings account for the exclusive benefit of an individual and the individual's beneficiaries. Limits contributions to such accounts to $2,500 for the taxable year, if the individual's adjusted income does not exceed $60,000 ($120,000 in the case of joint returns). Subjects the family savings account to the tax imposed on unrelated business income of tax-exempt organizations. Provides that distributions paid out of such accounts shall not be included in gross income, except for earnings on contributions held less than seven years. Establishes a ten-percent additional tax on earnings on contributions held less than three years.

Law· HRH.R. 3802 (101st)enacted

Designating the month of May as "Asian/Pacific American Heritage Month".

United States · United States Congress · 21 November 1989

Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).

Bill· HRH.R. 3813 (101st)referred

Professionals' Liability Reform Act of 1989

United States · United States Congress · 21 November 1989

Professionals' Liability Reform Act of 1989 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs.

Bill· HRH.R. 3820 (101st)referred

Community Reinvestment Improvement Act of 1990

United States · United States Congress · 21 November 1989

Community Reinvestment Improvement Act of 1990 - Amends the Community Reinvestment Act of 1977 to state that when a Federal banking agency evaluates the deposit facility application of an insured depository institution it must take into account its most recent evaluation of the institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. Cites circumstances under which a satisfactory record of meeting such community credit needs will result in exemption from further assessment for a two-year period. Prescribes guidelines for evaluating a record of meeting the credit needs of the entire community.

Bill· HRH.R. 3783 (101st)referred

To amend the Internal Revenue Code of 1986 to allow taxpayers to designate $1 of their income tax liability and some or all of their income tax refunds, and to contribute additional amounts, for purposes of rehabilitation and treatment in combating the war on drugs.

United States · United States Congress · 20 November 1989

Amends the Internal Revenue Code to provide for contributions by individual taxpayers to the Drug Rehabilitation and Treatment Trust Fund with their income tax returns. Establishes the Drug Rehabilitation and Treatment Trust Fund to carry out the war on drugs.

Bill· HRH.R. 3697 (101st)referred

Access to Education Act of 1989

United States · United States Congress · 17 November 1989

Access to Education Act of 1989 - Title I: Access and Choice in Federal Education Programs - Amends the Elementary and Secondary Education Act of 1965 to allow the use of certain special education financial assistance (Financial Assistance to Meet Special Educational Needs of Children) funds for innovative projects to provide continued services to eligible children transferred to ineligible areas as part of an open enrollment public school system. Allows a local educational agency to provide basic program services to educationally deprived children who, under a desegregation plan or open enrollment system, attend a school not located in an eligible school attendance area. Requires that information on basic program services under an open enrollment system be provided to parents of eligible children. Allows the use of local targeted assistance program funds for the planning and implementation of open enrollment systems. Amends the Higher Education Act of 1965 to establish special rules for Pell grant, supplemental educational opportunity grant, and State student incentive grant eligibility for secondary school open enrollment participants enrolled in or accepted for classes offered by higher education institutions. Amends the Defense Dependents' Education Act of 1978 to provide for parental choice open enrollment for overseas military dependents. Title II: Demonstration Projects and Research - Authorizes the Secretary of Education (the Secretary) to make grants to State educational agencies to develop and expand policies, programs, and projects that increase opportunities of parents to select the public school or program attended by their children, particularly disadvantaged, minority, or rural area children. Authorizes the Secretary to make grants to local educational agencies or consortia for open enrollment demonstration projects that increase parental access to excellent, distinctive, and diverse schools or programs that can meet their children's educational needs and promote parental choice. Provides for research and dissemination of results on open enrollment systems. Authorizes appropriations to carry out this title for FY 1990 through 1995.