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Official portrait of Rep. Buechner, Jack [R-MO-2]

Rep. Buechner, Jack [R-MO-2]

United States · Official source

Records

864 records where Rep. Buechner, Jack [R-MO-2] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4818 (101st)open

Aviation Noise Abatement Policy Act of 1990

United States · United States Congress · 15 May 1990

Aviation Noise Abatement Policy Act of 1990 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (the Administrator) to consider as being in the public interest aircraft noise reduction in communities near an airport (or under an aircraft flight path associated with an airport). Directs the Administrator to: (1) transmit to the Congress a comprehensive aircraft abatement noise plan for airports in the State of Washington; (2) make periodic progress reports to the Congress regarding implementation; and (3) submit biennial reports to certain congressional committees regarding noise level reductions. Directs the Administrator to enter into an agreement with the Secretary of Defense regarding increased use by air carriers of special-use air space over the Pacific Ocean which is being used by military aircraft. Requires the Administrator to issue an environmental impact statement and hold hearings in certain cases of air route changes to altitudes of 15,000 feet or below in order to mitigate aircraft delays and congestion. Directs the Secretary of Transportation to establish advisory committees in the Department of Transportation to develop a national policy on reducing noise resulting from airport operations. Requires the Secretary to transmit such committees' recommendations to the Congress. Requires the Secretary to submit to the Congress recommendations for the reduction of the commercial fleet of Stage II aircraft.

Bill· HJRESH.J.Res. 564 (101st)referred

Proposing an amendment to the Constitution of the United States to prohibit the Supreme Court or any inferior court of the United States from ordering the laying or increasing of taxes.

United States · United States Congress · 7 May 1990

Constitutional Amendment - Prohibits the Supreme Court or any inferior court of the United States from ordering a State or political subdivision, or an official of such State or subdivision, from laying or increasing taxes.

Bill· HRH.R. 4710 (101st)referred

To exclude during the course of any unfair import trade practice investigation involving an infringement of a patent, copyright, trademark, or mask work the entry into the United States of the articles concerned, upon a prima facie of such infringement.

United States · United States Congress · 2 May 1990

Amends the Tariff Act of 1930 to prescribe conditions under which the U.S. International Trade Commission must temporarily exclude from entry into the United States patent, copyright, trademark, or mask work articles which it is investigating for alleged infringement and unfair import trade practices.

Bill· HRH.R. 4709 (101st)referred

Startup and Revitalized Equity Act

United States · United States Congress · 2 May 1990

Startup and Revitalized Equity Act - Amends the Internal Revenue Code to allow a capital gains deduction for qualified business stock held for more than two years.

Bill· HRH.R. 4707 (101st)referred

Corporate Debt-Equity Equalization Act of 1989

United States · United States Congress · 2 May 1990

Corporate Debt-Equity Equalization Act of 1989 - Amends the Internal Revenue Code to allow certain domestic corporations a deduction for the dividends they pay.

Bill· HRH.R. 4708 (101st)referred

Workers as Teachers for Improved Competitiveness Act

United States · United States Congress · 2 May 1990

Workers as Teachers for Improved Competitiveness Act - Amends the Internal Revenue Code to allow a charitable deduction for corporate contributions of employee volunteer services to an educational organization.

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.

Resolution· HRESH.Res. 384 (101st)open

Expressing the sense of the Congress regarding the urgent famine situation in Ethiopia.

United States · United States Congress · 25 April 1990

Expresses the sense of the Congress that the administration should: (1) be commended for its quick action in addressing the humanitarian crisis in northern Ethiopia; and (2) impress upon Ethiopia's opposition groups that the U.S. attitude toward each such group will be greatly influenced by their cooperation in facilitating relief efforts and by steps they take in negotiating a lasting political settlement. Requests the President to urge: (1) the parties to the conflict in northern Ethiopia to agree to a ceasefire, to accept free passage of relief, and to permit the United Nations (U.N.) to assume a prominent role in coordinating international relief efforts; (2) Soviet President Gorbachev to press the Ethiopian Government to agree to such actions; and (3) nations supplying military assistance to the warring parties in Ethiopia to use their influence to facilitate a ceasefire and end external military flows. Urges the President: (1) until the Ethiopian Government takes such actions, to oppose favorable treatment of such Government by the International Bank for Reconstruction and Development (World Bank) and the International Monetary Fund (IMF), to continue to oppose upgrading of U.S. diplomatic relations with such Government, and to prohibit the importation of Ethiopian coffee; and (2) after the Ethiopian Government takes such actions and has made substantial progress in effecting macroeconomic reform and in negotiating a settlement of Ethiopia's internal wars, to begin the normalization of relations and to support an expanded World Bank and IMF role in Ethiopia.

Resolution· HCONRESH.Con.Res. 309 (101st)referred

Expressing the sense of the Congress with respect to contraception and infertility.

United States · United States Congress · 23 April 1990

Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility.

Bill· HRH.R. 4533 (101st)referred

To require that remediation of certain defense-related radioactive wastes currently located in the city and county of St. Louis, Missouri, be conducted in a nonurban area.

United States · United States Congress · 18 April 1990

Prohibits any remedial action from being implemented in an urban area with respect to the St. Louis defense wastes. Requires the Department of Energy to: (1) remove all St. Louis defense wastes from the city of St. Louis and St. Louis County and to transport them to a nonurban site in Missouri for remediation in consultation with the Missouri Department of Natural Resources; and (2) restore the properties from which such wastes have been removed to a condition capable of business or recreational uses.

Bill· HRH.R. 4475 (101st)referred

Medicare Physician Regulation Relief Amendments of 1990

United States · United States Congress · 4 April 1990

Medicare Physician Regulation Relief Amendments of 1990 - Amends title XVIII (Medicare) of the Social Security Act to require carriers and peer review organizations to release the medical review screen or the associated screening parameter to a physician before notifying such physician that payment for his or her service has been denied. Permits Medicare reimbursement of a patient's regular physician for services provided to such patient by another physician who occasionally covers for the regular physician. Requires Medicare carriers to provide physicians, upon request and without charge, with carrier-generated information which physicians need to submit a payment claim or respond to a carrier inquiry. Allows a medical society or other professional organization representing physicians to represent a group or class of physicians in Medicare payment determinations, reconsiderations, or appeals. Directs the Secretary of Health and Human Services to appoint, based on nominations submitted by national medical organizations representing physicians, a Practicing Physicians Advisory Council with which the Secretary must consult concerning changes in the Medicare program and proposed changes in regulations and carrier operation policies.

Bill· HRH.R. 4433 (101st)referred

To disqualify any individual or business concern who violates a Federal environmental law, or who holds a beneficial business interest in a person who has violated such a law, from being eligible to receive certain benefits from the Environmental Protection Agency for a period of 10 years.

United States · United States Congress · 29 March 1990

Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.

Bill· HRH.R. 4369 (101st)open

Tourism Policy and Export Promotion Act of 1990

United States · United States Congress · 22 March 1990

Tourism Policy and Export Promotion Act of 1990 - Declares it to be the national goal to increase U.S. export earnings from U.S. tourism and transportation services with an eye toward: (1) the elimination of the travel and tourism export deficit of the United States and the U.S trade deficit; and (2) the achievement of a travel and tourism export surplus. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to identify foreign trade barriers to U.S. travel and tourism. Requires the USTR to submit the National Trade Estimate to the President and the Senate Committees on Finance and Commerce, Science, and Transportation. Amends the International Trade Act of 1961 to require each annual tourism trade development plan to focus on those countries in which tourism trade development has the greatest potential for increasing travel and tourism export revenues. Declares that the Congress finds that increased efforts directed at the promotion of rural tourism will contribute to the economic development of rural America. Establishes the Rural Tourism Foundation. Authorizes appropriations.

Bill· HRH.R. 4374 (101st)referred

To amend the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974 in order to achieve the international harmonization of patent laws.

United States · United States Congress · 22 March 1990

Amends the Omnibus Trade and Competitiveness Act of 1988 to declare that the international trade negotiating objectives of the United States include a harmonized patent system for trading nations in international courts. Amends the Trade Act of 1974 to define conditions under which a foreign country shall be deemed to deny adequate substantive standards for the protection of intellectual property rights.

Bill· HRH.R. 4329 (101st)open

American Technology Preeminence Act

United States · United States Congress · 21 March 1990

American Technology Preeminence Act - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1990 - Authorizes appropriations to the Secretary of Commerce to carry out the following activities of the National Institute of Standards and Technology (NIST): (1) measurement research and standards; (2) materials science and engineering; (3) engineering measurements and standards; (4) computer science and technology; (5) research support activities; (6) cold neutron source facility; and (7) technology services. Earmarks specified amounts for: (1) steel technology; (2) the Center for Building Technology; (3) the Center for Fire Research; (4) the technical competence fund; (5) the evaluation of nonenergy-related inventions and related technology extension activities; and (6) Regional Centers for the Transfer of Manufacturing Technology. Permits transfers of funds among activities under specified conditions. Prohibits the merger of the Center for Building Technology and the Center for Fire Research. Authorizes the use of certain funds to pay the Federal share of the cost of a pilot program to assist in the development of comprehensive industrial standards for countries that have requested such assistance, if other conditions are met. Authorizes additional appropriations for FY 1990 through 1992 for: (1) the Office of the Under Secretary of Commerce for Technology; (2) carrying out the Japanese Technical Literature Act of 1986; (3) modernization of the National Technical Information Service (NTIS); (4) the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation; and (5) adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Requires NTIS operating costs, associated with the acquisition and storage of information, to be recovered through the collection of fees. Amends Federal law to remove the cap on expenditures for construction and improvement of NIST buildings and facilities, but retains the requirement that such expenditures be within the limits of funds appropriated to NIST. Amends Federal law to authorize appropriations for the Regional Centers for the Transfer of Manufacturing Technology (Centers). Amends the Omnibus Trade and Competitiveness Act of 1988 to authorize appropriations to carry out provisions mandating a nationwide study of current State technology extension services. Amends Federal law to establish within NIST an Office of Technology Services to supervise the Centers Program, NIST's assistance to State technology programs, and other activities or programs as the Secretary or the NIST Director may specify. Prohibits funds appropriated for NIST activities from being expended unless the activities have been specifically authorized by law. Title II: Advanced Technology Program Amendments - Emerging Technology Research and Development Act of 1990 - Amends Federal law to authorize the Secretary of Commerce, through the Director of NIST, to support joint ventures to identify and solve generic technology and manufacturing problems in emerging technology fields including high resolution information systems and advanced materials research and development so as to speed commercialization of products and services based on these technologies, and to establish procedures for technology sharing and technology transfer among members of the joint venture while protecting against transfer of intellectual properties, trade secrets, or proprietary data overseas. Requires that awards to joint ventures be based on competitive or other merit-based procedures. Directs the Secretary, through the Director, to negotiate an agreement with any joint venture participants: (1) delineating their activities and responsibilities; and (2) specifying a period of time during which the Federal Government shall receive payments from any profits of the venture in proportion to the Federal share of the cost or, as an alternative, an option to pay an amount determined by the Secretary to be equal to the full Federal investment plus a reasonable return on such investment. Sets forth criteria for determining whether a company shall be considered a U.S. business and other eligibility criteria. Authorizes the Secretary, the Under Secretary of Commerce for Technology, and the Director to organize such industry advisory committees as appropriate. Authorizes the use of up to a specified percentage of the funds appropriated for carrying out provisions relating to the Advanced Technology Program (ATP) for standards development in support of those provisions. Authorizes the Secretary to make grants for research and development of new or advanced technology of significant long-term value to the civilian U.S. economy, or for research and development concerning the generic commercial adaptation of such technology. Requires grants, contracts, and cooperative agreements under the ATP to be designed to support projects which are high risk and which have potential for eventual substantial widespread commercial application. Authorizes appropriations for the ATP. Title III: Amendments to Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Amends the Stevenson-Wydler Act to authorize the Secretary of Commerce to use appropriated funds to carry out the Secretary's responsibilities under the Malcolm Baldrige National Quality Improvement Act of 1987. Title IV: Office of Science and Technology Policy - Amends Federal law to add the Director of the Office of Science and Technology Policy to the list of positions at level I of the Executive Schedule. Adds the Director of the Office of Science and Technology to the list of positions at level II of the Executive Schedule. Requires the Director of the Office of Science and Technology Policy to report annually to the Congress on all major science and technology proposals involving more than one country and having a total estimated cost greater than a specified sum. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 (STPOP) to add a new title to be cited as the National High Performance Computer Technology Program Act of 1990. Directs the President, through the Federal Coordinating Council for Science, Engineering, and Technology, to develop a National High Performance Computer Technology Plan containing recommendations for a five-year national effort. Mandates that the plan include: (1) funding requirements; and (2) the establishment of a multi-gigabit-per-second research and education computer network by 1996, to be known as the National Research and Education Network, to link government, industry and the higher education community, to provide computer users with access to supercomputers, data bases, and other research facilities, and to meet other goals. Requires the Plan to define the organizational arrangement for managing the operation of the Network. Requires the Council to develop the Plan, coordinate the high performance computing research and development activities of Federal agencies, and establish an advisory board. Amends the STPOP to establish a Presidential Commission on Reducing Capital Costs for Emerging Technology to develop recommendations to increase the competitiveness of U.S. industry by encouraging investment in quality, product and process improvements, and new product development and marketing. Terminates the Commission six months after submission of its final report. Authorizes appropriations. Sets forth the sense of the Congress that the research and experimentation tax credit be permanently extended and raised to 25 percent, and the research and development costs allocation rules for deduction of expenses from foreign income be revised so as to not discourage activities in the United States and not penalize companies exporting U.S. made products or providing services through U.S. citizens stationed abroad. Requires the Director of the Office of Science and Technology Policy to establish within that office a Presidential Commission on Procurement and Technology to develop recommendations for changes to Federal procurement laws, procedures, and policies with respect to the development of advanced technologies. Terminates the Commission six months after submission of its final report. Authorizes appropriations. Title V: Information Collection and Dissemination - Directs the Secretary of Commerce to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS). Amends the National Technical Information Act of 1988 to add producing and disseminating products in electronic format to the duties of the NTIS. Title VI: High Resolution Information Systems - Requires the Director of the Office of Science and Technology Policy to establish within that office a High Resolution Information Systems Board to foster and monitor the development of U.S. based high resolution information systems industries. Includes high definition television in the definition of such systems. Title VII: Reports - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 (STPOP) to require that the biennial national critical technologies report include the most economically important emerging civilian technologies during the ten-year period following the report, together with the estimated current and future size of domestic and international markets for products derived from these technologies. Allows a product or process technology to be considered to be a national critical technology if it is essential for U.S. long-term national security or (currently, and) economic prosperity. Requires each report to identify technology base gaps between the United States and its major trading partners and list the technologies and markets targeted by major trading partners for development or capture. Directs the Secretary of Commerce to report to the Congress on the feasibility and advisability of establishing, in affiliation with NIST, a Quality Institute and privately-funded foundation to support that Institute. Requires the Director of the Office of Science and Technology Policy to propose to the Congress a strategy for improving the university research capabilities of those States which historically have received relatively little Federal research and development funding. Requires the Director of the National Science Foundation to enter into a contract with the International Institute for Applied Systems Analysis for the development of a methodology or approach that can be used in the establishment of international product standards. Authorizes the use of a specified sum of the amounts authorized under the National Science Foundation Authorization Act of 1988 to carry out such requirement.

Bill· HRH.R. 4331 (101st)referred

National Learning Technology Act of 1990

United States · United States Congress · 21 March 1990

National Learning Technology Act of 1990 - Directs the National Science Foundation (NSF) to establish a merit-based, competitive program of grants to develop materials to improve basic and advanced education through the use of learning technology at the elementary, secondary, and undergraduate levels. Requires a merit review process and certain selection criteria for grant recipients. Directs the Office of Science and Technology Policy, within one year, to report to the Congress on: (1) all Federal programs supporting learning technology; (2) recommendations for ensuring that such programs' products are adequately disseminated to teachers and schools; and (3) the extent to which teacher training funded by the NSF and the Department of Education focuses on the use of learning technology. Authorizes appropriations.

Resolution· HCONRESH.Con.Res. 291 (101st)referred

Expressing the sense of the Congress regarding the need to account as fully as possible for Americans still missing or otherwise unaccounted for in Southeast Asia and to secure the return of Americans who may still be held captive in Southeast Asia.

United States · United States Congress · 21 March 1990

Calls for the United States to: (1) continue to give the highest priority to accounting for Americans still missing or unaccounted for in Southeast Asia and to securing the return of Americans still held captive; (2) ensure cooperation with Vietnam and Laos to achieve credible answers for the families of such Americans, including primary-next-of-kin access to all records and information resulting from joint investigations, surveys, and excavations; (3) develop a means of accounting for Americans unaccounted for in Cambodia that is consistent with U.S. efforts to obtain a political settlement to the Cambodian situation; and (4) heighten responsible public awareness of Americans unaccounted for in Southeast Asia through the dissemination of factual data.

Bill· HRH.R. 4319 (101st)referred

Underground Storage Tank Pollution Prevention and Assistance Act

United States · United States Congress · 20 March 1990

Underground Storage Tank Pollution Prevention and Assistance Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to guarantee principal and interest on loans made to qualified small businesses for the closure, replacement, upgrade, and release detection of underground storage tanks. Sets forth amounts and conditions of such guarantees. Permits the Administrator to make principal and interest payments on behalf of the borrower if: (1) the borrower is unable to make such payment and it is in the public interest to continue the project; and (2) the probable net cost to the Government in making such payments would be less than that resulting from the borrower's default. Authorizes the Administrator, in the event of a default by a borrower, to make payments in accordance with the guarantee. Requires the Attorney General to recover payments from the defaulting borrower. Authorizes the Administrator to make grants to small businesses, in conjunction with such loans, for up to 50 percent of the cost of tank closure and replacement if: (1) the business is an essential community service and assistance is in the public interest; and (2) at least three private lending institutions have declined to provide a loan for such purposes. Terminates the authority to make loan guarantees or payment contracts five years after this Act's enactment. Permits the Administrator or a State to undertake corrective action with respect to threatened releases of petroleum from underground storage tanks. Amends the Internal Revenue Code to make funds from the Leaking Underground Storage Tank Trust Fund available to carry out this Act. Sets forth deadlines for compliance with tank and financial disclosure requirements for owners of specified petroleum underground storage tanks.

Resolution· HRESH.Res. 359 (101st)referred

Expressing the sense of the House of Representatives that any funds from spending reductions in the budget for defense should be applied to deficit reduction and taxpayer relief.

United States · United States Congress · 14 March 1990

Expresses the sense of the House of Representatives that any funds from spending reductions for the Department of Defense and related agencies incorporated in the budget for FY 1991 should be applied to deficit reduction and taxpayer relief.

Bill· HRH.R. 4226 (101st)referred

ESOP Promotion and Improvement Act of 1990

United States · United States Congress · 8 March 1990

ESOP Promotion and Improvement Act of 1990 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Extends the ESOP exception to the ten percent early withdrawal penalty tax to certain ESOP distributions to employees made at any time. (Currently the exception applies only to distributions made before January 1, 1990.) Permits ESOP participants whose compensation does not exceed a certain amount to contribute up to 50 percent of it to the plan. Amends the Federal Election Campaign Act of 1971 to permit payroll deductions for ESOP participants to make certain political contributions.

Bill· HRH.R. 4081 (101st)referred

Civil Rights Protections Act of 1990

United States · United States Congress · 22 February 1990

Civil Rights Protections Act of 1990 - Amends specified provisions of Federal law relating to equal protection under the law to declare that: (1) the rights protected by those provisions are protected against nongovernmental discrimination as well as against impairment under color of State law; and (2) those provisions afford the same protection against discrimination in the performance, breach, or termination of a contract, or in the setting of the terms or conditions thereof, as it does in the making or enforcement of the contract. Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when a seniority system is adopted, an individual becomes subject to it, or a person is injured by the application of the system or a provision thereof, if it was adopted for an intentionally discriminatory purpose, whether or not that discriminatory purpose is apparent on the face of the provision.

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. 4098 (101st)reported

Benjamin Franklin Memorial Fire Service Bill of Rights Act

United States · United States Congress · 22 February 1990

Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.