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Official portrait of Rep. Gekas, George W. [R-PA-17]

Rep. Gekas, George W. [R-PA-17]

United States · Official source

Records

2,326 records where Rep. Gekas, George W. [R-PA-17] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4485 (101st)referred

Medicare Certified Registered Nurse Anesthetist Payment Amendments of 1990

United States · United States Congress · 4 April 1990

Medicare Certified Registered Nurse Anesthetist Payment Amendments of 1990 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to establish uniform national fee schedule payment rates for certified registered nurse anesthetist services.

Bill· HRH.R. 4495 (101st)referred

To amend section 1867 of the Social Security Act to require that, before enforcing sanctions under the hospital "anti-dumping" provisions, a peer review organization must find that a violation has occurred.

United States · United States Congress · 4 April 1990

Amends title XVIII (Medicare) of the Social Security Act to prohibit the implementation of sanctions against a hospital for violating Medicare emergency medical condition screening and treatment requirements until a peer review organization makes a finding as to whether such a violation has occurred.

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. 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. 4330 (101st)open

National Service Act of 1990

United States · United States Congress · 21 March 1990

National Service Act of 1990 - Title I: School-Based and Higher Education Community Service - Part A: School Based Community Service - Schools and Service-Learning Act of 1990 - Subpart I: School-Based Service Learning - Authorizes the Secretary of Education (the Secretary, for purposes of this title) to make grants to States for state-wide school-based service learning programs involving local partnerships of local educational agencies (LEAs) and other organizations. Authorizes appropriations. Subpart 2: Youthbuild Projects - Authorizes the Director of the ACTION Agency to make grants for up to 90 percent of the cost of Youthbuild projects. Requires that eligible participants in Youthbuild projects be employed in construction, rehabilitation, or improvement of: (1) residential rental housing for homeless individuals and low-income families; (2) transitional housing for homeless individuals; or (3) facilities for providing health, education, and other social services to low-income families. Requires that participants be provided: (1) service opportunities on such construction or rehabilitation projects which are integrated with appropriate skills training and preapprenticeship or apprenticeship programs; (2) education services; (3) personal and peer supports; (4) leadership development; (5) preparation for an placement in unsubsidized employment; and (6) support services and need-based stipends to enable participation, and support services, for up to six months after completion of training, to assist in retaining employment. Conditions provision of service opportunities upon individual attendance and participation in educational services and activities. Bases participant eligibility, with certain exceptions, on the individual's being: (1) 16 to 24 years of age; (2) economically disadvantaged; and (3) a high school dropout with reading and mathematics skills at or below the eighth grade level. Limits an individual's full-time participation to between six and 18 months. Authorizes appropriations. Subpart 3: Other Federal Volunteer Service Programs - Authorizes the Secretary of Education to make grants and contracts for: (1) rural youth service demonstration projects; (2) model community service and service-learning programs; and (3) model service programs for dropouts and out-of-school youth. Authorizes appropriations. Authorizes the Director of the ACTION Agency to make grants to State Governors for initiatives involving non-school-based voluntary service projects in their States. Sets forth provisions for authorized activities and allotments based on school-age population. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations to increase the number of low-income individuals who provide services under the Foster Grandparent Program to children who participate in Head Start programs. Subpart 4: Activities of the Secretary of Education - Directs the Secretary of Education to: (1) widely disseminate information about programs under this part; (2) provide for program evaluation, including participant and community opinions; and (3) make such evaluations available to the public, and to congressional committees in the Secretary's annual report. Authorizes the Secretary to make grants to or contracts with experienced public and private nonprofit agencies for national or regional clearinghouses for information on volunteer service with respect to subpart 1 programs. Authorizes appropriations. Subpart 5: Volunteer Service Activities of the President - Authorizes the President to make Presidential Awards for School-Based Service recognizing excellence in school-based service programs. Authorizes the President to create an interagency task force to: (1) create and monitor effective measures for coordinating the various parts of this Act; and (2) design a comprehensive Federal service strategy, including specified components. Authorizes appropriations. Subpart 6: General Provisions - Prohibits making grants under this part for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. Applies the General Education Provisions Act to the programs authorized by this part. Part B: Higher Education Community Service - Subpart 1: Innovative Projects for Community Service - Authorizes the Secretary to make grants to and contracts with higher education institutions, (and other public agencies and nonprofit organizations working in partnership with such institutions) to: (1) enable them to create or expand their student community service activities; (2) encourage student initiated and designed community service projects; and (3) help integrate community service into academic curricula and crediting. Directs the Secretary to make grants to colleges, universities, and other nonprofit organizations to train teachers (and those planning teaching careers), education personnel, and community leaders in skills for developing, supervising, and organizing community service activities. Limits the Federal share under this subpart to not more than 50 percent of the cost of the community service activities. Authorizes appropriations. Subpart 2: Campus-Based Community Work Learning Jobs - Amends the Higher Education Act of 1965 (HEA) to provide for additional reservations of certain funds for: (1) campus-based community work learning study jobs; and (2) work-study for community service-learning on behalf of low-income individuals and families. Subpart 3: Guaranteed Student Loans - Amends HEA to provide for up to three-year loan deferments under the guaranteed student loan (GSL) and the federally-insured student loan (FISL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling, prevention, intervention, treatment, or education by a public or nonprofit private agency; and (3) full-time volunteers providing Indian health services. Subpart 4: Direct Loans to Students in Institutions of Higher Education - Amends HEA to provide for certain rates of partial cancellation of loans and certain deferments of loan repayments under the national direct student loan (NDSL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling and treatment; and (3) full-time volunteers providing Indian health services. Subpart 5: Publication - Amends HEA to require that specified information on student loan deferments and cancellations for certain full-time voluntary service be included in institutional information for students, exit counseling for borrowers, and Department of Education information on student loans. Subpart 6: Student Literacy Corps - Amends HEA to require Student Literacy Corps programs to give priority to tutoring services to illiterate parents of educationally or economically disadvantaged elementary school students, with special emphasis on single-parent households. Authorizes increased appropriations for the Student Literacy Corps. Subpart 7: Student Tutorial Corps Initiative - Amends HEA to create a Student Tutorial Corps. Authorizes the Secretary to make demonstration grants to higher education institutions for student tutorial programs that: (1) encourage their students to tutor educationally disadvantaged students in schools assisted under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) are conducted at such schools, at the request and with the direction of school personnel; and (3) do not displace any of such personnel. Authorizes appropriations. Part C: Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps (the Director) to carry out a training and educational benefits demonstration program. Makes eligible for such program participation any individual who: (1) has satisfactorily completed at least two years at a higher education institution, is enrolled in a bachelor's degree program of at least four years and will complete it within two years; (2) agrees to serve at least three years as a Peace Corps volunteer; and (3) is selected under a specified competitive process. Requires the Director to provide a Peace Corps training program for the selectees as part of their course of study at their institution. Requires that selectees receive certain educational benefits to cover costs of their last two years of study. Requires repayment if the individual fails to complete the educational program or the service requirement. Authorizes the Secretary of Education to collect such repayments. Requires the Director and the Secretary to evaluate such demonstration program jointly and submit an interim and a final report to the President and the Congress. Authorizes appropriations. Title II: To Establish the American Conservation and Youth Service Corps - Part A: American Conservation Corps - Establishes the American Conservation Corps (ACC), to be administered by Federal agencies and through a State grant component. Directs the Secretaries of the Interior and of Agriculture to establish the Federal component of the ACC within their agencies to administer programs on Federal lands. Encourages Federal agencies to enter into program agreements with program agencies, local governments, and nonprofit organizations. Directs the Secretary of the Interior to establish a program of grants to States to administer the State component of the ACC involving work on non-Federal public lands and waters. Directs each Governor to designate a State program agency. Requires States carrying out such programs to provide mechanisms for participation by local governments and nonprofit organizations. Authorizes the ACC to carry out conservation, rehabilitation, and improvement projects relating to: (1) wildlife habitat, rangelands, parks, recreational areas; (2) urban revitalization and historical and cultural sites; (3) fish and fisheries; (4) roads and trails; (5) erosion, floods, droughts, and storm damage assistance and control; (6) streams, lakes, waterfront harbors, and ports; (7) wetlands protection and pollution control; (8) insect, disease, rodent, and fire prevention and control; (9) improvement of abandoned railroad beds and rights-of-way; (10) energy conservation, renewable resources, and biomass recovery; (11) reclamation and improvement of strip-mined land; and (12) forestry, nursery, and cultural operations. Limits such projects to those on public lands or Indian lands, except where the administering Secretary determines that a project involving other lands will provide a public benefit. Part B: Youth Service Corps - Requires the Director of the ACTION Agency to appoint an Assistant Director to make grants for youth service projects to eligible public and private nonprofit agencies, and to otherwise administer Youth Service Corps (YSC) programs under this part. Provides for designation of specific activities as eligible service categories if: (1) they are of substantial social benefit in meeting unmet human, social (especially poverty-related), or environmental needs in a community; (2) they will not interfere unreasonably with employment availability and terms of employees of sponsoring organizations; and (3) participants are qualified for such activities. Allows such service categories to include service in: (1) State, local, and regional governmental agencies; (2) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, day care centers, and schools; (3) law enforcement, penal, and probation agencies; (4) private nonprofit social services organizations; (5) rehabilitation or improvement of public facilities or neighborhoods, literacy programs, weatherization and repair of low-income housing, energy conservation (including solar energy), removal of public facility architectural barriers to the handicapped, and conservation, maintenance, or restoration of natural resources on publicly held lands; and (6) any other nonpartisan civic activities and services determined appropriate by the Assistant Director. Prohibits such service categories from including any position in any: (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) religious organization, unless the position does not involve any religious functions; or (5) domestic or personal service organization. Part C: Youth Skills Enhancement - Requires the administering Secretary or the Assistant Director (as the case may be) to provide guidance and assistance to States in securing certification of training skills or academic credit for competencies developed under this title. Directs each program agency to maintain or enhance, through programs and projects under this title, the educational skills of program enrollees. Directs appropriate State and local officials to certify standards and procedures (that meet specified Federal criteria) for awarding academic credit and certifying educational attainment in such programs. Part D: Administrative Provisions - Sets forth requirements for award of grants to eligible entities, including matching requirements and limitations on use of funds. Limits enrollment in the ACC and YSC to individuals who, at the time of enrollment, are: (1) 16 through 25 years old (15 through 21 for summer programs); and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires the State job training coordinating council to appoint an advisory board for oversight and review of ACC and YSC projects under this title. Authorizes appropriations. Part E: Youth Service Clearinghouses - Authorizes the Secretary of the Interior and the Director of the ACTION Agency to provide financial assistance to one or more national or regional clearinghouses on youth corps and youth service. Allows experienced public and private nonprofit agencies to apply for such assistance, and sets forth required clearinghouse functions.

Bill· HRH.R. 4250 (101st)open

State and Local Multiobjective River Corridor Assistance Act of 1989

United States · United States Congress · 13 March 1990

State and Local Multiobjective River Corridor Assistance Act of 1989 - Amends the Outdoor Recreation Act of 1963 to direct the President to establish a Multiobjective River Corridor Council which shall: (1) review Federal policies and programs affecting rivers and river corridors and make recommendations to improve their effectiveness; and (2) develop Federal guidelines for multiobjective river corridor efforts in planning, coordination, and management. Authorizes the Secretary of the Interior, acting through the National Park Service's Rivers and Trails Technical Assistance Program, to provide matching grants and technical assistance to State, local, and regional government agencies and nonprofit organizations to develop comprehensive multiobjective plans for rivers and their adjacent lands. Specifies types of projects to be funded under this Act. Requires the Council to create a National River Register recognizing rivers which exemplify multiobjective river corridor values. Directs Federal agencies with membership in the Council to provide technical assistance to State and local governments and nonprofit organizations in the preparation of multiobjective river plans. Requires the Secretary of Agriculture, as part of the outdoor recreation component of the Resources Planning Act assessment, to collect information from demonstration projects funded under this Act and develop a geographic information system. Requires each member agency to consider the concerns of private landowners in implementing river corridor programs. Declares that the Congress shall consider recommendations of the Council to establish a national clearinghouse for multiobjective river corridor planning and management information. Authorizes appropriations.

Bill· HRH.R. 4224 (101st)open

To amend title 5, United States Code, with respect to setting rates of basic pay for law enforcement officers, and for other purposes.

United States · United States Congress · 8 March 1990

Raises the minimum per annum rates of basic pay for entry level grades GS-3 through GS-10 for Federal law enforcement officers on a sliding scale with larger adjustments at the lower levels. Directs the Office of Personnel Management (OPM) to prescribe regulations to: (1) readjust the rates of pay for such entry level grades every three years, based upon comparisons of State and local compensation for comparable work, in order to keep starting salaries of Federal law enforcement officers competitive with those paid to State and local law enforcement officers; and (2) establish a mechanism to adjust the rates of pay of Federal law enforcement officers serving in certain high cost-of-living areas in order to recruit and retain the best-qualified individuals. Sets forth procedures for identifying those regions for which higher pay rates are needed. Terminates a pay rate payable to Federal law enforcement officers that is based on a particular region if such an officer is transferred or reassigned to a place outside of such region. Requires pay rates established under this Act to be based on data compiled by the National Advisory Commission on Law Enforcement. Directs the Bureau of Labor Statistics to survey State and local law enforcement salaries every three years to compile the data needed to carry out this Act. Authorizes Federal agency heads, in order to retain highly qualified law enforcement officers who possess special skills or experience or whose continued services are particularly important due to factors associated with the geographic area to which they are assigned, to pay Federal law enforcement officers who are eligible for retirement an allowance of up to $10,000 per year provided the officers agree to complete at least one year of additional service in the agency involved. Makes Federal law enforcement officers who are transferred to an area within the United States having higher than average housing costs eligible for a relocation payment of up to $20,000 provided they agree to remain in Federal law enforcement for a specified period. Authorizes Federal agencies to offer rates of pay higher than the minimum rates for positions of GS-3 (currently, GS-11) or above if necessary to attract well qualified entry-candidates for Federal law enforcement service. Authorizes Federal agencies to pay law enforcement officers who possess and make substantial use of foreign language proficiency while performing their official duties a cash award of up to 25 percent of basic pay. Raises the mandatory age for Federal law enforcement officers to retire under the Civil Service and Federal Employees' Retirement Systems from 55 to 57. Changes the method of computing overtime for Federal law enforcement officers to one and one-half times the hourly rate of basic pay for work performed in excess of 40 hours per week. Limits the aggregate rate of pay (including premium pay) for Federal law enforcement officers in a calendar year to the pay rate for level V of the Executive Schedule. Prohibits application of other limitations on premium pay for administratively uncontrollable overtime. Excludes members of the U.S. Secret Service, Uniformed Division, Diplomatic Security Service special agents, postal inspectors, and pretrial services and probation officers from receiving premium pay except for night, Sunday, and holiday work.

Law· HJRESH.J.Res. 500 (101st)enacted

To designate April 6, 1990 as "Education Day, U.S.A.".

United States · United States Congress · 5 March 1990

Designates April 6, 1990, the 88th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.

Resolution· HCONRESH.Con.Res. 276 (101st)referred

Expressing the sense of the Congress in celebration of the 25th anniversary of the Older Americans Act of 1965.

United States · United States Congress · 1 March 1990

Expresses the sense of the Congress that: (1) the 25th anniversary of the enactment of the Older Americans Act of 1965 and its successful implementation should be recognized; (2) contributions at all levels of the aging network should be acknowledged and commended; and (3) support for the Act and its primary goal should be reaffirmed.

Bill· HRH.R. 4139 (101st)referred

Competitive Northeastern Rail Freight Service Act of 1990

United States · United States Congress · 28 February 1990

Competitive Northeastern Rail Freight Service Act of 1990 - Requires the Interstate Commerce Commission (ICC) to provide for access by a second, competitive rail freight carrier over routes from Montreal, Quebec, through New York State, via Harrisburg, Pennsylvania, to Hagerstown, Maryland, and Potomac Yard, Alexandria, Virginia. Requires the ICC, if necessary, to grant trackage rights for the establishment of such competitive routes.

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.

Bill· HRH.R. 4065 (101st)referred

National Disaster Preparedness Inventory Act of 1990

United States · United States Congress · 21 February 1990

National Disaster Preparedness Inventory Act of 1990 - Amends the Disaster Relief Act of 1974 to require the Director of the Federal Emergency Management Agency to: (1) establish the Committee on Standards to identify resources and establish standards for those resources needed to provide relief and assist in search and rescue operations following a major disaster or emergency; (2) inventory resources identified by the Committee that are available to the Federal Government for such uses in a manner as to facilitate the dispatch of resources on a regional basis; (3) make the inventory available to the Governor of each State for requesting Federal assistance after a major disaster or emergency; (4) prepare a plan to deploy such resources to major disaster or emergency sites following the declaration of such by the President; and (5) request all Governors to identify the public safety officials responsible for coordinating or overseeing State and local responses to disasters and emergencies. Requires such officials to have direct and immediate access to information in the inventory to expedite State and local responses to disasters and emergencies not declared as such by the President.

Bill· HRH.R. 4042 (101st)referred

Sugar Equity and Reform Act of 1990

United States · United States Congress · 21 February 1990

Sugar Equity and Reform Act of 1990 - Title I: Sugar Price Support Program - Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to support the price of each of the 1991 through 1995 crops of domestically grown sugarcane through six-month nonrecourse loans, with the loan rate for raw cane sugar at 95 percent of the rate announced for the preceding crop year. Requires the loan rate for sugar beets to be fair and reasonable in relation to the rate for sugarcane. Title II: Regulation of Sugar Imports - Prescribes policy for the regulation of sugar imports, including quotas and lowest tariff rates. Directs the Secretary to announce a market stabilization price and a threshold price for raw sugar no later than 30 days before the beginning of the October 1, 1991, sugar marketing year. Requires the President to maintain the market price for raw sugar at or near the market stabilization price through imposition of tariff rate import quotas on various sugar products. Amends the Food Security Act of 1985 to repeal the mandate to operate the sugar program at no cost to the Government by preventing the accumulation of sugar acquired by the Commodity Credit Corporation through sugar loan forfeitures. Repeals the requirement that a sugar exporting country verify that it does not import Cuban sugar for reexport to the United States.

Bill· HJRESH.J.Res. 483 (101st)open

Providing for the commemoration of the 100th anniversary of the birth of Dwight David Eisenhower.

United States · United States Congress · 21 February 1990

Designates October 14, 1990, as Dwight D. Eisenhower Day, commemorating the 100th anniversary of Eisenhower's birth. Requests Members of Congress who are members of the Dwight David Eisenhower Centennial Commission to make arrangements for a joint meeting of the Congress in commemoration of the centennial of the birth of Dwight David Eisenhower.

Resolution· HCONRESH.Con.Res. 267 (101st)referred

Expressing the sense of the Congress that the demonstrators who threw blood on the Capitol and the White House should be charged with a felony.

United States · United States Congress · 20 February 1990

Supports the right of citizens to conduct peaceful and lawful demonstrations. Condemns the acts of physical violence of demonstrators who, on January 31, 1990, threw blood on the columns and steps of the U.S. Capitol and, on February 17, 1990, threw blood on the entrance gate to the White House. Urges that such demonstrators be prosecuted and charged with a felony.

Bill· HRH.R. 4002 (101st)open

Criminal Procedures Reform Act of 1990

United States · United States Congress · 7 February 1990

Criminal Procedures Reform Act of 1990 - Title I: Capital Punishment - - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Prohibits imposition of the death penalty on any woman while she is pregnant or on any person who was under 18 years of age at the time of the offense or who lacks the mental capacity to understand the death penalty and why it was imposed on that person. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the evidence and information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Authorizes the court to impose a sentence of life imprisonment without the possibility of release or furlough where life imprisonment is otherwise authorized. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Entitles a defendant who is or becomes financially unable to obtain adequate representation in a Federal criminal case to appointment of counsel at trial and upon direct appeal of the judgment and sentence entered at trial. Provides for the imposition of the death penalty for: (1) murders of foreign officials, official guests, or internationally protected persons; (2) murders committed by prisoners in Federal prisons; (3) hostage takings which result in the death of any person; and (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death). Title II: Exclusionary Rule - Declares that the Constitution does not require the exclusion from a criminal trial of evidence: (1) obtained in reasonable reliance on a search warrant issued by a detached and neutral magistrate who was not misled, even though the warrant is ultimately determined to be invalid; (2) the legal discovery of which was inevitable, even though the evidence was discovered through constitutionally invalid means; or (3) for which a source exists that is independent of the source through which evidence was discovered through constitutionally invalid means. Title III: Habeas Corpus - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law controls in Federal habeas corpus proceedings.

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.

Bill· HRH.R. 3958 (101st)referred

Federal Victim's Service and Protection Act of 1990

United States · United States Congress · 6 February 1990

Federal Victim's Service and Protection Act of 1990 - Title I: Federal Victim's Services and Protections Compliance - Directs the Attorney General to: (1) establish an evaluation system for law enforcement officers which rates such officers on their compliance with specified laws protecting victims of crimes; and (2) use such evaluation system to create standards governing services to victims and witnesses in Federal cases and to serve as a model to States and localities. Requires the Office for Victims of Crime to report periodically to the public, the Congress, and the President on victim protections and on compliance with this Act. Title II: The Federal Child Victim's Bill of Rights - Amends the Federal criminal code to require the court, at the earliest possible stage, to determine whether the appointment of a guardian ad litem for a child who is an alleged victim or witness in a criminal proceeding would be in the best interests of the child and if so, to appoint such guardian. Sets forth provisions with respect to the qualifications, duties and powers, and immunity of such guardian. Grants a child testifying at a criminal proceeding the right to be accompanied by an adult. Authorizes the court to order that a child's testimony be taken by closed-circuit television (TV) if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite judicial requests to do so; (2) the child's total inability to communicate about the offense because of extreme fear, failure of memory, or other similar reasons; or (3) the substantial likelihood that the child will suffer substantial emotional trauma from so testifying. Specifies that the prosecuting attorney and the defense attorney shall be present in the room with the child and the child shall be subject to direct and cross-examination. Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding. Sets forth provisions with respect to videotaped depositions of child victims and child witnesses. Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device it deems appropriate to assist a child in testifying. Sets forth requirements with respect to competency examinations for child witnesses. Prohibits: (1) the release to the public of the name, or other identifying information about the child victim or child witness except as authorized by the court; and (2) the name and any identifying information from appearing in any public record. Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult victim. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements. Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's well-being. Creates a hearsay exception for an out-of-court statement related to sexual abuse, physical abuse, or sexual exploitation of that or another child if the court finds that: (1) the statement possesses particularized guarantees of trustworthiness; (2) the proponent of the statement has given sufficient notice to adverse parties of the intent to introduce the statement; and (3) there is corroborative evidence of the statement or the truth of the statement. Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams. Specifies that there shall be no statute of limitations for the prosecution of any child physical abuse, sexual abuse, or sexual exploitation offense. Requires physicians, social workers, teachers, and specified other individuals who, while involved in any such capacities on Federal land or in a federally operated (or contracted) facility, have reason to suspect that a child is an abused or neglected child to immediately report to the appropriate authorities. Grants civil and criminal immunity to individuals who, acting in good faith, make such a report or otherwise provide information or assistance with a report investigation, or legal intervention. Makes failure to report a misdemeanor. Makes spousal privileges and the privileged nature of any communications between physician (or psychotherapist, psychologist, social worker, and any other health care provider) and patient inapplicable in any criminal proceeding after a report of child abuse, neglect, or sexual exploitation. Title III: Child Care Worker Employee Background Check - Requires: (1) each Federal agency and facility that hires, or contracts for hire, individuals involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check; and (2) all existing staff to receive such checks within six months and prohibits the hiring of additional staff without a check having been initiated. Sets forth procedures with respect to the conduct of such background checks. Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any job-related contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children. Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.

Bill· HRH.R. 3914 (101st)open

To provide for cost-of-living adjustments in 1991 under certain Government retirement programs.

United States · United States Congress · 30 January 1990

Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)

Bill· HRH.R. 3847 (101st)referred

Department of Environmental Protection Act

United States · United States Congress · 23 January 1990

Department of Environmental Protection Act - Title I: Establishment of Department of Environmental Protection - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection. Establishes within the Department: (1) an Office of International Environmental Affairs; (2) an Office of Enforcement; and (3) a Center for Environmental Statistics (Center). Encourages the Secretary to assist the Secretary of State in negotiating and administering international environmental protection agreements and participating in the work of international environmental protection organizations. Encourages the Secretary to continue the Department's role in conducting international environmental research and providing technical assistance to other nations to improve environmental quality. Requires the Secretary to establish an Advisory Committee on Environmental Statistics to advise the Center and the Congress on the collection and dissemination of statistical data. Directs the Secretary to maintain a comprehensive guide to the Department's environmental and public health information services. Requires the Secretary to establish an Advisory Committee on Public Access to provide recommendations on improving public access to departmental information. Directs the Secretary to: (1) study the use of computer telecommunications and other means to provide for access to such information; and (2) permit the reduction or waiver of user fees for such access. Title II: Commission on Environmental Administration - Establishes the Commission on Environmental Administration to analyze and make recommendations on specified reorganization and management issues in the Department. Authorizes appropriations.