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Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]

Rep. Solomon, Gerald B. H. [R-NY-22]

United States · Official source

Records

4,705 records where Rep. Solomon, Gerald B. H. [R-NY-22] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 2797 (101st)referred

To impose an embargo on trade with Syria.

United States · United States Congress · 29 June 1989

Directs the President to impose an embargo on trade with Syria. Requires the President to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development not to vote in favor of any action to be taken by the Bank that would benefit Syria. Declares that the Congress calls upon the President to: (1) bring to the attention of the Secretary General of the United Nations, and to pursue before the Security Council of the United Nations, the matter of Syrian-sponsored terrorism; (2) demand that the United Nations undertake measures against such country for such terrorism; and (3) seek multilateral cooperation in imposing sanctions against Syria to obtain a cessation of that nation's sponsorship of terrorism.

Bill· HRH.R. 2786 (101st)referred

To provide for a timely analysis of all factors relating to the restoration of gray wolves to Yellowstone National Park and surrounding public lands, and for other purposes.

United States · United States Congress · 28 June 1989

Directs the Secretary of the Interior to prepare an environmental impact statement (EIS) for the reintroduction of gray wolves to Yellowstone National Park and adjacent public lands. Requires such EIS to consider: (1) the potential for wolves to leave the recovery area and cause damage to domestic livestock; (2) the wildlife management responsibilities and objectives of the States of Wyoming, Montana, and Idaho; and (3) the possibility of reintroducing gray wolves as an experimental population under the Endangered Species Act. Establishes a timetable for the Secretary to select an alternative for such reintroduction and to implement the decision. Directs the Secretary to provide financial assistance to Wyoming, Montana, and Idaho for the implementation of wolf conservation and management plans.

Law· HRH.R. 2761 (101st)enacted

United Services Organization's 50th Anniversary Commemorative Coin Act

United States · United States Congress · 27 June 1989

United Services Organization's 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins to commemorate the 50th anniversary of the United Services Organization (USO). Requires such coins to be emblematic of USO Services to military service personnel and families. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after February 4, 1991. Requires surcharges from the sale of such coins to be deposited in a coinage profit fund and used for USO programs and to reduce the national debt. Directs the Secretary to report to the Congress semiannually through December 31, 1992, on activities under this Act.

Resolution· HRESH.Res. 189 (101st)passed

Expressing the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as "Take Pride in the Flag Day".

United States · United States Congress · 27 June 1989

Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.

Resolution· HRESH.Res. 186 (101st)passed

Expressing the sense of the House of Representatives regarding the flag of the United States.

United States · United States Congress · 27 June 1989

Expresses the sense of the House of Representatives with respect to its concern over the Supreme Court's decision in Texas v. Johnson and its commitment to preserving the honor and integrity of the flag. Condemns all actions intended to desecrate the flag. Urges the American people to continue to display proudly the U.S. flag.

Bill· HRH.R. 2724 (101st)referred

Commission on the Federal Taxation of Savings and Investment Act

United States · United States Congress · 22 June 1989

Commission on the Federal Taxation of Savings and Investment Act - Establishes the Commission on the Federal Taxation of Savings and Investment to determine the impact of such taxation on the strength of the economy.

Bill· HJRESH.J.Res. 304 (101st)open

Proposing an amendment to the Constitution of the United States with respect to burning the flag of the United States.

United States · United States Congress · 22 June 1989

Constitutional Amendment - Declares that: (1) the misuse or desecration of the symbol, emblem, seal, or flag of the United States or of the several States is not protected speech under the First Amendment to the U.S. Constitution; and (2) the Congress and the legislatures of the several States shall have power to enforce the Article proposed by this Joint Resolution.

Resolution· HCONRESH.Con.Res. 157 (101st)referred

Calling for a flexible freeze budget for the concurrent resolution on the budget of the United States Government for fiscal year 1991.

United States · United States Congress · 22 June 1989

Expresses the sense of the Congress that: (1) the concurrent budget resolution for FY 1991 should use a flexible freeze on spending in lieu of new taxes; and (2) the freeze should be similar to that proposed for the FY 1990 budget, which allows some programs to be increased while others are reduced.

Bill· HRH.R. 2712 (101st)open

Emergency Chinese Immigration Relief Act of 1989

United States · United States Congress · 21 June 1989

Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.

Bill· HRH.R. 2703 (101st)referred

Spending Control Enhancement Act of 1989

United States · United States Congress · 21 June 1989

Spending Control Enhancement Act of 1989 - Adds a title to the Impoundment Control Act of 1974 to authorize the President to rescind all or part of any budget authority provided in an appropriations bill by notifying the Congress of the rescission by a special message within ten calendar days after enactment of the Act in question. Makes such rescission effective unless the Congress, within ten days after receiving the special message, completes action on a bill disapproving the proposal. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

Bill· HRH.R. 2700 (101st)referred

Product Liability Reform Act of 1989

United States · United States Congress · 21 June 1989

Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.

Bill· HRH.R. 2707 (101st)referred

Social Security Notch Adjustment Act

United States · United States Congress · 21 June 1989

Social Security Notch Adjustment Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1927.

Resolution· HRESH.Res. 181 (101st)open

Expressing the concern of the House of Representatives regarding the future security of the Panama Canal.

United States · United States Congress · 21 June 1989

Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.

Bill· HJRESH.J.Res. 297 (101st)referred

Proposing an amendment to the Constitution of the United States relating to the right of the people to allow voluntary prayer and the teaching of the Judeo-Christian ethic in public schools.

United States · United States Congress · 15 June 1989

Constitutional Amendment - Declares that the right of the people to allow voluntary prayer and the teaching of the Judeo-Christian ethic, including the Ten Commandments and the creation of the earth as accepted in Judeo-Christian tradition, in public schools shall not be denied or abridged by the United States. States that this Amendment does not: (1) force the people to enact any statute against their will; (2) constitute the establishment of a religion; or (3) permit any governmental or administrative authority to prescribe the form or content of any voluntary prayer.

Resolution· HRESH.Res. 172 (101st)referred

Truth in Legislating Resolution

United States · United States Congress · 13 June 1989

Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.

Resolution· HCONRESH.Con.Res. 151 (101st)open

To recognize the uniqueness of and express strong support for the maritime policy of the United States, and to urge the Administration in the strongest possible terms not to propose maritime transportation services for inclusion at the General Agreement on Tariffs and Trade and to actively oppose any proposal that would consider maritime transportation as an area for negotiation.

United States · United States Congress · 13 June 1989

Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.

Bill· HRH.R. 2596 (101st)referred

To provide for the transfer of certain animals, commonly known as the Silver Spring Monkeys, to any of certain entities.

United States · United States Congress · 8 June 1989

Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.

Bill· HRH.R. 2575 (101st)open

Yosemite National Park Centennial Medal Act

United States · United States Congress · 7 June 1989

Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present a bronze medal to individuals: (1) who were members of the armed forces and were present in Hawaii on December 7, 1941; and (2) who participated in combat operations that day against Japanese military forces attacking Hawaii. Directs the Secretary of the Treasury to strike such medals. Authorizes the Secretary to provide for the sale of bronze duplicates of the medal. Authorizes appropriations which are to be reimbursed out of the proceeds from sales of the medals.

Bill· HRH.R. 2538 (101st)open

To provide another opportunity for Federal employees to elect coverage under the Federal Empolyees' Retirement System; to provide that the recently enacted government pension offset provisions of the Social Security Act shall not apply to Federal employees who take advantage of the new election period, and for other purposes.

United States · United States Congress · 1 June 1989

Provides an opportunity for Federal employees subject to the Civil Service Retirement System (CSRS) and certain Federal employees subject to other retirement systems under the Central Intelligence Agency Act of 1964 for Certain Employees and the Foreign Service Act to elect coverage under the Federal Employees' Retirement System (FERS) between July 1 and December 31, 1989. Delays implementation of certain Government pension offset provisions under the Social Security Act. Makes this Act's amendments effective as of January 1, 1988.

Bill· HRH.R. 2524 (101st)referred

To amend title 23, United States Code, to require the random testing of applicants for drivers' licenses for the illegal use of controlled substances.

United States · United States Congress · 31 May 1989

Directs the Secretary of Transportation not to approve any Federal aid highway project: (1) in any State which, within a specified two-year period, does not have in effect a program for random testing of driver's license and renewal applicants for the illegal use of controlled substances; and (2) for one year after such State has issued or renewed a driver's license to any individual who tests positive under its testing program. Requires each State to: (1) annually certify to the Secretary that it has in effect such a program and is not issuing or renewing such driver's licenses; and (2) submit such information as the Secretary shall require to verify such certification. Directs the Secretary not to approve any project in any State which has failed to make such certification.

Bill· HRH.R. 2463 (101st)open

Merchant Marine and Defense Act of 1989

United States · United States Congress · 24 May 1989

Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.

Bill· HRH.R. 2460 (101st)referred

Older Americans' Freedom to Work Act of 1989

United States · United States Congress · 24 May 1989

Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.

Bill· HRH.R. 2452 (101st)referred

American Family Act of 1989

United States · United States Congress · 23 May 1989

American Family Act of 1989 - Title I: Programs Focusing on Education - Directs the Secretary of Education (the Secretary for purposes of this title) to make five-year grants to not more than ten State educational agencies for school-based management projects in one or more local educational agencies (LEAs) in those States. Authorizes appropriations for FY 1990 through 1994. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary to make grants to LEAs for parental choice open enrollment programs in public schools. Requires an independent evaluation of such programs to be reported to the Congress by October 1, 1992. Authorizes appropriations for FY 1990. Amends ESEA to direct the Secretary to make grants to eligible LEAs for character education programs. Requires LEAs, as a condition of eligibility for such grants, to certify that the Pledge of Allegiance to the Flag is part of the daily program of each of their elementary and secondary schools. Directs the Secretary to disseminate information on successful character education programs. Authorizes appropriations for FY 1990. Directs the Secretary to make bootstrap school program competitive grants to eligible LEAs which serve qualified areas to enhance the quality of primary and secondary education. Requires that special consideration be given to applications that describe programs which will serve poverty areas. Authorizes appropriations for FY 1990. Directs the Secretary to make three-year grants to not more than five States to provide bonus pay to special education teachers as an incentive to keep them in that field. Authorizes appropriations for FY 1990 through 1992. Title II: Family Support and Stability - Requires congressional committees to include family impact statements in their reports of public bills or joint resolutions. Makes it not in order for either House of the Congress to consider a public bill or joint resolution if the committee report does not contain such a statement. Amends the Congressional Budget Act of 1974 to direct the Congressional Budget Office to assist such committees, at their request, to prepare such statements. Requires each executive agency to include a family impact statement in every recommendation or report on a proposal for legislation or other major Federal action significantly affecting families in the United States. Requires each agency to use approaches and develop procedures to give appropriate consideration to potential effects of its proposed actions, decisions, and activities on such families. Requires agency review of existing authorities, rules, and policies and procedures, and a report to the President and the Congress on such review, with recommendations, within one year after enactment of this Act. Amends the Internal Revenue Code to provide for a refundable child tax credit and a refundable child and dependent care tax credit. Amends the United States Housing Act of 1937, as amended by the Housing and Community Development Act of 1987, to direct public housing agencies to set maximum monthly rents for their tenants. Amends the Federal criminal code to make it a Federal criminal offense to leave or remain outside a State for the purpose of avoiding payment of arrearages in child support. Title III: Programs Focusing on Children - Directs the Secretary of Health and Human Services (HHS) to make grants to eligible applicant organizations to improve health, family, and preschool services for families with children under age 13. Sets forth eligibility requirements for such organizations, including location in or near a high risk area for infant mortality, teenage pregnancy, or high school dropouts. Includes among such services prenatal and postnatal care, nutritional lunches, on-site nurse practitioners, family drop-in centers, Head Start program associated services, parenting education, drug abuse prevention, family- or center-based child care, and after-school child care. Gives primary consideration to the service delivery location. Limits such grants to a specified portion of start-up costs. Authorizes appropriations for FY 1990. Directs the Secretary of Education to allot funds to State education agencies, according to a formula based on State population, for demonstration grants for LEA early childhood education programs. Authorizes appropriations for FY 1990. Directs the Secretary of Education to make a grant to each of 20 eligible applicant LEAs for early childhood family education programs in public schools that are in the greatest need. Authorizes appropriations for FY 1990 for grants to schools in greatest need. Directs the Secretary of Education to disseminate to States and LEAs information on the Parents as Teachers Program National Center sponsored by the State of Missouri and the Early Childhood Education Project sponsored by the State of Minnesota. Authorizes appropriations for FY 1990. Directs the Secretary of HHS to make grants to eligible applicant organizations for family preservation programs to assist families in order to prevent the placement of children in foster care. Requires that such assistance include all of the following: (1) clothing; (2) cleaning and housing locator services; (3) family counseling and communication skills services; and (4) referrals to other organizations and State agencies. Gives preference to applicants in areas with the highest percentages of children in foster care, but requires that a diversity of geographical areas be represented among grant recipient locations. Requires that ten grants for training, technical assistance, and program implementation be made in ten different geographical areas. Directs the Secretary of HHS to enter into a contract with a selected organization to study and report on the effectiveness of programs receiving such grants. Authorizes appropriations for FY 1990. Amends the Internal Revenue Code to allow a tax deduction for certain limited expenses of adopting a child with special needs. Amends Federal law relating to the Armed Forces to authorize the Secretary of Defense to reimburse any member of the armed forces serving on active duty for certain limited expenses of adopting a child under age 18. Repeals specified provisions of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which provided for a test program for reimbursement of adoption expenses. Amends the Internal Revenue Code to provide for an exclusion from the gross income of an employee of certain limited amounts paid or expenses incurred by the employer for adoption assistance provided to the employee if it is furnished under an adoption assistance program. Amends Federal law to provide for reimbursement to a Federal employee of certain limited expenses of adopting a child under age 18 (but not including an adoption in which one of the adopting parents is the biological parent). Requires the Director of the Office of Personnel Management to prescribe regulations for such child adoption benefits, except that specified officials of legislative and judicial branches shall prescribe regulations for their respective employees. Directs the Attorney General to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws requiring juvenile offenders and their parents to pay restitution to their victims. Sets forth reporting requirements. Authorizes appropriations for FY 1990. Directs the Attorney General to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws that require juvenile offenders to pay restitution to their victims and to: (1) serve a term of confinement at a correctional facility if their offense was violent; or (2) perform community service if their offense was nonviolent. Sets forth eligibility requirements identical to those for the aforementioned grants for restitution laws. Authorizes appropriations for FY 1990. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention (the Administrator) to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws that: (1) provide for appropriate treatment for alcohol and drug abuse, counseling, and employment of juvenile offenders upon release; and (2) require that a single caseworker be assigned to each such juvenile to obtain available services, coordinate the juvenile's activities, and perform all required supervisory functions. Bases such grants on need, giving special consideration to States containing areas in which a large number of juveniles participate in activities of gangs that commit crimes. Authorizes appropriations for FY 1990. Authorizes the Administrator to make grants to eligible States to carry out not fewer than ten demonstration projects to provide character education to juveniles confined to juvenile detention facilities for being delinquent. Authorizes appropriations for FY 1990. Directs the Administrator to establish and operate a clearinghouse on juvenile justice in the Office of Juvenile Justice and Delinquency Prevention for information on criminal gangs with juvenile members. Authorizes appropriations for FY 1990. Authorizes the Administrator to make grants to private nonprofit community-based organizations for activities to prevent or reduce the participation of juveniles in the activities of gangs that commit crimes. Authorizes appropriations for FY 1990. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate restrictions on the child's insurance eligibility of individuals who are legally adopted in the United States by parents who are already entitled to old-age or disability insurance benefits. Directs the Secretary of Education to make three-year grants to not more than five States to provide bonus pay to special education teachers as an incentive to keep them in that field. Authorizes appropriations for FY 1990 through 1992. (These provisions are identical to provisions at the end of title I of this Act.) Amends the Family Violence Prevention and Services Act to authorize the Secretary of HHS to make not more than eight grants to nonprofit private entities for demonstration projects to provide model shelters for victims of family violence and their dependents. Requires grant recipients to: (1) also use non-Federal contributions; (2) provide a variety of specified services; (3) utilize a significant number of volunteers; (4) respond to emergencies at all hours; (5) encourage victims and dependents to reside at the shelter for from three to 12 months; (6) provide at least 40 beds; and (7) assure their future access to other resources to continue operation. Requires equitable geographic distribution, including one grant for a model shelter in the District of Columbia. Requires evaluation of such projects and dissemination of results. Authorizes appropriations for FY 1990. Terminates such grants program after a specified aggregate amount has been obligated. Amends the Public Health Service Act to direct the Secretary of HHS to establish, and the Assistant Secretary of Health to administer, a program of demonstration grants to teaching hospitals or community mental health centers with staff affiliations with teaching hospitals to provide comprehensive family drug treatment programs and social work follow-up for individuals in such programs. Directs the Assistant Secretary of Health to award ten such grants in limited amounts and terms. Requires grant recipients to provide program evaluation data to media agencies within their State and to State and local agencies involved in drug-related activities. Authorizes appropriations. Title IV: Sunset Provision - Terminates the grant programs established by this Act at the end of the last fiscal year for which appropriations are authorized.

Bill· HRH.R. 2437 (101st)open

Cable Competition Act

United States · United States Congress · 22 May 1989

Cable Competition Act - Amends the Communications Act of 1934 to authorize a State or cable television franchising authority to regulate the rates that a cable operator may charge for the provision of lifeline television services for any franchising area which is not provided with cable service by two or more cable operators. Defines the "lifeline television service" as the provision of: (1) channels of the three major networks; (2) a public television channel; and (3) one channel carrying each independent local television station. Repeals a provision of such Act which prohibits a telephone company from providing video programming in its telephone service area. Allows a telephone company to: (1) provide video programming directly to subscribers; or (2) provide rental arrangements to any entity which is owned or controlled by, or under common control with, such telephone company for the provision of such video programming. Directs the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) the economic risks of video programming business of a telephone company are not borne by telephone service ratepayers in any way; and (2) a common carrier providing video services allocates costs in a manner which protects basic telephone ratepayers from subsidizing the provision of cable video programming. Prohibits a telephone company from providing video programming services if prohibited from doing so by Federal antitrust laws. Makes it unlawful for any person (including a common carrier) to purchase or otherwise acquire control of a cable system without the permission of the franchising authority for that cable system. Prohibits a franchising authority from granting such authority unless: (1) it determines that cable subscribers will benefit from such acquisition; (2) it determines that the number of channels, the signal quality, and the types of services will be expanded; and (3) the person acquiring the cable system agrees to include an obligation to achieve such expanded benefits and services for its customers. Requires a cable operator to: (1) provide cable system access to any program service, except under specified conditions; (2) provide cable system access to any unaffiliated program service under the same rates, terms, and conditions as provided to an affiliated program; and (3) comply with regulations prescribed by the FCC which ensure such access. States that any regulations prescribed by the FCC shall not relieve a common carrier who provides cable service from any regulations under the above Act or any other regulations concerning open network architecture plans and related requirements. Makes it unlawful for any person affiliated with a cable operator who provides programming to any cable operator to engage in any unjust or unreasonable discrimination in charges, practices, regulations, facilities, or services against any person seeking to obtain such programming for distribution over another capable system or over any other medium capable of making the programming available for private viewing. Empowers U.S. district courts with jurisdiction to enforce such prohibitions. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which affiliated persons are engaged in producing and distributing video programming for carriage on cable television systems; and (2) the degree to which such operations result in higher rates for television service or unfair or anticompetitive acts or practices with respect to such programming. Requires the FCC to report immediately to the Attorney General or the Federal Trade Commission (FTC) any acts or practices found during such investigation that appear to violate any law within the jurisdiction of the Attorney General or the FTC. Directs the FCC to report to the Congress on the results of such investigation within one year after the enactment of this Act. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which video programming is being delivered to residents of rural areas by means of cable television systems and other media; and (2) methods which might be used to improve and extend the delivery of such programming by such media. Directs the FCC to report the results of such investigations to the Congress within one year after enactment of this Act.

Bill· HRH.R. 2436 (101st)referred

To award a Congressional gold medal to the late Captain Don Gentile.

United States · United States Congress · 22 May 1989

Authorizes the President to present a gold medal to the family of the late Captain Don S. Gentile in recognition of his service as a fighter pilot ace of World War II. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Provides that appropriations used to carry out this Act shall be reimbursed out of the sale proceeds.