United States · United States Congress · 23 February 1989
Makes the legal defense of discretionary function provided under specified Federal law inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States.
United States · United States Congress · 22 February 1989
Global Warming Prevention Act of 1989 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1988 levels by at least 20 percent by the year 2000 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Requires the Secretary of Energy (the Secretary) and the Administrator of the Environmental Protection Agency to report to the Congress within two years regarding whether a higher level of carbon dioxide emissions reduction is desirable after 2000, together with any necessary policy actions and their costs and benefits. Title I: National Least-Cost Energy Plan - Requires the Secretary to prepare for the President, and transmit to the Congress, a new National Least-Cost Energy Plan in lieu of other authorized national energy plans. Directs the Secretary to implement such plan immediately. Outlines a program for public involvement in the formulation of the Plan. Directs the Secretary to establish an intervenor funding mechanism based upon certain State models. Authorizes appropriations for FY 1990 through 1992. Requires designated Secretaries to prepare reports for inclusion in the Plan with respect to: (1) all government subsidies for energy-related expenditures; (2) waste reduction options and recycling; (3) tree plantings to offset carbon dioxide emissions; and (4) transportation modes to reduce carbon-dioxide emissions. Amends the Department of Energy Organization Act to repeal the National Energy Policy Plan. Title II: Energy Efficiency - Part A: Energy Efficiency Policy - Directs the Secretary to grant the highest priority to energy efficiency improvements in: (1) energy-consuming devices; (2) federally owned and leased buildings and equipment; (3) federally assisted housing; and (4) the Federal vehicle fleet. Mandates that the President's budget request for FY 1991 through 1994 include recommendations for the increased efficiency of energy-consuming devices. Directs the Secretary to establish an Energy Research Advisory Board Panel on end-use energy technologies. Requires the Panel to report annually to the Energy Research Advisory Board on its assessment of promising energy efficiency research and development opportunities and policies. Requires the Secretary to submit to the Congress: (1) a long-term research and development plan that accelerates by five years the current Department of Energy multiyear program goals for energy efficiency; and (2) an estimate of the funding increase needed to achieve such accelerated goals. Authorizes appropriations for FY 1991 through 1993. Directs the National Institute of Standards and Technology to provide financial assistance in consultation to ten research centers to achieve multiple improvements in energy-intensive industrial and manufacturing processes. Sets forth an operations timetable for such centers. Authorizes appropriations for such centers for FY 1991 through 1993. Directs the Secretary to: (1) establish energy efficiency goals resulting in specified primary energy savings for federally owned or leased buildings, as well as federally assisted housing; and (2) include the use of renewable forms of energy within the energy efficiency options for such buildings. Authorizes appropriations for such program for FY 1990 through 1992. Requires the Secretaries of Energy and the Department of Housing and Urban Development to convene a meeting of housing industry members to select a not-for-profit organization to administer a uniform nationwide home energy rating system. Mandates that such organization contract with the Lawrence Berkeley National Laboratory Center for Building Sciences by a certain deadline. Authorizes appropriations for such organization for FY 1990 through 1993. Mandates that certain institutions which offer federally assisted home mortgage loans take measures to encourage cost-effective energy efficiency improvements based upon a home energy audit and rating scheme. Directs the Secretary to promulgate energy efficiency standards for incandescent and fluorescent lamps and windows. Requires the Secretary to: (1) implement a research, development, and demonstration program on technologies to reduce chlorofluorocarbon use; (2) expand the Department of Energy's existing technology transfer initiative on least-cost electric utility planning; and (3) implement a least-cost gas utility initiative. Requires the Secretary of Transportation to: (1) establish an evaluation program regarding car-pooling arrangements and high-occupancy vehicle lanes; and (2) report to the Congress on nonmotorized transportation alternatives, as well as a fuel-savings mass transportation assistance program for State and local governments. Requires such Secretary to report to the Congress on the use of Highway Trust Fund moneys for non-motorized transportation alternatives and for carbon-dioxide emissions reductions. Directs the Federal Energy Regulatory Commission to: (1) take certain prescribed actions to ensure the adoption of least-cost utility planning principles; and (2) detail for the Congress any amendments to the Federal Power Act which are necessary for the Commission to adopt such planning principles. Requires the Secretary of Energy to report to the Congress on the results of a national power survey emphasizing policies and technologies within the electric utility industry which are designed to diminish global warming. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying efficiency. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Establishes Federal standards for least cost supply measures, and requires State regulatory authorities and nonregulated gas and electric utilities to implement such standards. Title III: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that each State energy conservation plan which receives Federal assistance contain a goal to reduce by ten percent or more the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such year as of October 1, 1990. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs (including those for schools and hospitals) for FY 1990 through 1992. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report annually to the Secretary and the Congress on its activities. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act to cite conditions under which the Secretary may approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Authorizes appropriations for FY 1991 through 1992 for a weatherization research and technical assistance program which shall include the monitoring of indoor air quality in low-income homes. Title IV: Vehicle Energy Efficiency Improvements - Vehicle Energy Efficiency Performance Standards Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1992 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Terminates the current civil penalty after model year 1989. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1992 and thereafter. Amends the Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Revises from mandatory to discretionary the Administrator's authority to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Directs the Administrator to review procedures periodically for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for prescribing amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1989 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Solar and Renewable Resources - Requires the Secretary of Energy to report to the Congress regarding a long-term research, development and demonstration program with policy options necessary to achieve a quadrupling of renewable energy production and use by 2015. Requires the Secretary of Energy to work closely with specified Federal departments regarding the Federal Government's biofuels program, and to report to the Congress on the progress being made in the development of solar and renewable resources. Mandates that the President's budget requests for FY 1990 - FY 1993 include the Secretary of Energy's recommendations for civilian research and development budgets necessary to implement such long-term program. Directs the Secretary to establish an Energy Research Advisory Board Panel on Solar and Renewable Resources and Technologies which shall report annually to the Energy Research Advisory Board regarding the status of the solar and renewable resources program. Authorizes appropriations for FY 1991 through FY 1994 for such program. Mandates that the President's budget request for FY 1991 include the Secretary's recommendations for proof-of-concept or near-commercialization demonstration projects in specified categories. Directs the Secretary to: (1) establish and provide financial assistance to a joint research and development venture to develop advanced district cooling technologies applicable in cities with high cooling loads; and (2) appoint members to an Advisory Committee on Advanced District Cooling Technology to assist in the implementation of such joint venture. Authorizes appropriations for such venture. Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Directs the Secretary to appoint members to an Advisory Committee on Energy Conservation and Renewable Energy Technology Exports to assist in the implementation of such program. Authorizes appropriations for FY 1991 through 1993. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines for use by cities and municipalities, specifying environmental and safety standards for the use of fuel cell technology. Requires the Secretary of Commerce to report to the Congress regarding the export market potential for integrated fuel cells systems with renewable power technologies. Requires such Secretary to report to the Congress on the activities of the Committee on Renewable Energy, Commerce, and Trade to promote exports of renewable energy technology. Requires each participating member of such Committee to report annually to the Congress on the Committee actions regarding renewable energy technology exports. Requires the Committee to establish a joint government-industry plan to promote the U.S. market share in international trade in renewable energy technologies, including the development of administrative guidelines for Federal export loan programs. Authorizes appropriations for FY 1991 through 1993. Directs the Committee to coordinate, contract with, and assist financially appropriate parties to build and demonstrate the commercial operation of a biomass gasified steam-injected gas turbine of up to 25 megawatts. Authorizes appropriations and requires a report to the Congress. Title VI: Solar Hydrogen Fuels - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Gives priority to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary: (1) to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology; and (2) to prepare a comprehensive large-scale hydrogen technology demonstration plan. Establishes a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires an annual report from the Panel to the Energy Research Advisory Board, which shall subsequently report to the Secretary. Authorizes appropriations for FY 1991 through 1995. Title VII: Natural Gas and Coal - Part A: Natural Gas - Directs the Secretary of Energy to enter into cooperative agreements with and provide financial assistance to appropriate parties to construct and demonstrate the commercial operation of ten intercooled steam-injected gas turbines for generating electricity. Authorizes appropriations for FY 1991 through 1994. Requires the Secretary to report to the Congress on the implementation of this program. Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Authorizes appropriations for FY 1991 through 1993. Requires the Secretary to submit a feasibility report to the Congress within nine months after enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Part B: Coal - Requires the Secretary, within nine months, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally-funded projects under the Department of Energy's clean coal technology program. Directs the Secretary to establish and implement research and development technologies for preventing, reducing, recycling, or offsetting carbon-dioxide emissions from combusted coal. Requires the Secretary to report to the Congress on the implementation of such technologies. Authorizes appropriations for FY 1990 through 1992. Title VIII: Forest and Agriculture Policies - Part A: Forest Policies - Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Amends the Food Security Act of 1985 to require the Secretary of Agriculture to: (1) enter into contracts with ranch and farmland operators to place specified acreage of highly erodible cropland into the conservation reserve during certain crop years; and (2) report to the Congress regarding the potential for offsetting new carbon dioxide emissions through the use of tree plantations. Part B: Agricultural Policies - Mandates that specified Federal agencies conduct a joint study on critical linkages between agricultural production and global climate change. Directs specified Federal agencies to establish an interagency task force to ensure that all satellite and remote sensing information pertinent to agricultural needs and climate modeling are made available to the Department of Agriculture. Directs the Secretary of Agriculture to use the "Low-Input Farming Systems Research and Education Program." Authorizes appropriations for FY 1991 through 1995. Part C: Integrated Farming Policies - Directs the Secretary of Agriculture to consult with the agriculture community and sustainable agriculture advocates for the purpose of developing an integrated farming research, development, and demonstration program. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary of Energy to establish a national farm ethanol program. Authorizes appropriations for FY 1991 through 1993. Part D: Urban Forestry Conservation Program - Directs the Secretary of Agriculture to implement an urban forestry education and accelerated tree planting program for: (1) energy conservation; (2) carbon-dioxide emissions reduction; (3) improved urban air quality; and (4) general environmental benefits. Outlines demonstration projects financed with Federal matching funds. Directs the Secretary to support urban forestry projects at Department of Agriculture stations and at Land Grant Universities. Authorizes appropriations. Part E: Tongass Timber Reform Act - Amends the Alaska National Interest Lands Conservation Act to repeal the ongoing appropriations for timber utilization in the Tongass National Forest, Alaska. Repeals the requirement for identifying lands unsuitable for timber production in such Forest. Repeals the reporting requirement on the adequacy of timber supply from Forest lands. Requires the biennial report on such Forest to include the impact of timber management on subsistence resources, wildlife, and fisheries habitats, biological diversity, the old growth rain forest ecosystem, and other specified items. Requires the southeast Alaska commercial fishing industry to be included for cooperation and consultation in a study of the Forest timber supply and demand. Directs the Secretary of Agriculture to terminate specified long-term timber sale contracts, and to revise the Tongass National Forest Land Management Plan of 1979 in a manner that fully protects long-term environmental and recreational concerns. Requires such Secretary to report to certain congressional committees regarding the status of such Forest Plan revision schedule. Imposes a moratorium on timber sales and harvest until the Forest Plan is completely revised and ready for implementation. Title IX: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest and agroforestry plan with goals for each tropical country. Requires: (1) the Administrator to ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) the Administrator to take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury and the President must promote multilateral tropical forestry programs, and report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after enactment of this Act requiring wood and products containing imported wood to bear a label disclosing the scientific and common names of such wood and the countries of origin. Directs such Secretary to impose a tropical woods tax upon products containing specified woods. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities. Prohibits assistance for large-scale production of energy. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon least-cost energy planning. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of a least-cost energy planning program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Declares that it is the policy of the United States that its economic assistance programs to developing countries should encourage least-cost, sustainable transportation policies and practices based on a diverse mix of motorized and nonmotorized transport modes which minimize fuel needs and reduce carbon-dioxide emissions. Directs the Administrator of the Agency for International Development to: (1) implement a study of the Agency's transportation-related programs and of the multilateral development bank policies regarding their transportation-related lending practices to recipient countries; and (2) redirect part of the Agency's resources to provide nonmotorized low-cost vehicles that can be sustained in the long term. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to increase the emphasis on nonmotorized, low-cost and energy efficient alternatives to private motor vehicles. Directs the Peace Corps to encourage the use of nonmotorized transport technologies in the projects it undertakes. Specifies non-motorized transportation policies to be promoted by the U.S. Government in implementing its development assistance programs. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title X: International Activities - Directs the Secretary of State to convene an international meeting in the United States by the end of 1992 to adopt a global climate protection agreement with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding energy efficiency and solar/renewable energy resources that are environmentally sustainable. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy source, greenhouse gas emissions, and least-cost non-motorized transportation systems. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; and (3) assistance to developing countries in the use of agricultural and industrial chemicals. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the "International Year of the Greenhouse Effect." Directs the Environmental Protection Agency to develop and implement programs with respect to: (1) chlorofluorocarbon replacement; (2) methane control; (3) energy efficiency; and (4) alternative energy sources. Authorizes appropriations. Title XI: World Population Growth -Declares it is the policy of the United States that family planning services should be made available to all persons requesting them. Authorizes appropriations for FY 1991 through 1995 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization or abortion; or (2) the coercion of any person to accept family planning services. Requests the President to initiate an international conference on population, and to seek an international agreement on population growth. Establishes a National Commission on Population, Environment, and Natural Resources to prepare reports and convene conferences. Terminates such Commission three years after the enactment of this Act. Mandates that multilateral development banks adopt guidelines promoting lending strategies which emphasize the maintenance of sustainable world population levels. Authorizes appropriations for FY 1991 through 1993. Title XII: Recyclable Materials - Directs the Secretary of Commerce and the Secretary of Health and Human Services to report to the Congress the results of a study regarding degradable materials and recycling methodologies. Requires the Secretary of Defense to report to the Congress the results of a study regarding the national security implications of requiring the use of degradable materials in items procured by the Department of Defense, and of requiring the Department to comply with specified prohibitions against the use of nondegradable materials. Requires the Administrator of the Environmental Protection Agency biennially to submit an updated report to the President and the Congress regarding Federal, State, and local policies and practices in recycling government wastes and procuring recyclable materials. Directs the Secretary of Agriculture to report to the Congress the results of a pilot project to develop and demonstrate a viable technology for composting municipal waste and sewage sludge. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to: (1) make grants for recycling research and development; (2) establish a national database information clearinghouse for recyclable materials; (3) report annually to the Congress regarding the status of recyclable wastes; and (4) make grants for scientific research on the use of plastic materials as part of a recycling program. Authorizes appropriations for FY 1991 through 1994. Sets forth civil and criminal penalties for offenses involving the production, manufacturing, distribution or selling of specified nonrecycled consumer goods which have been proscribed by the Secretary of Commerce under regulations jointly issued with the Administrator of the Environmental Protection Agency. Requires the Secretary of Commerce periodically to update the list of proscribed nonrecycled consumer goods.
United States · United States Congress · 22 February 1989
Health Care Savings Account Act of 1989 - Amends the Internal Revenue Code to allow employees and employers, including self-employed individuals, a 60 percent tax credit for contributions to a health care savings account for the benefit of the employee or self-employed individual. Limits total contributions to an account to the aggregate amount of hospital insurance tax paid with respect to the account beneficiary. Describes conditions that must be met by the account. Excludes from the gross income of the beneficiary any account contributions made by an employer. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization) unless the distributee engages in specified transactions in connection with it. Excludes from gross income any account distributions used to pay the eligible medical expenses of the beneficiary or qualifying spouse. Imposes a ten percent surtax on account distributions used for other than health care purposes or made before the distributee is aged 65 or older. Imposes penalty taxes in connection with: (1) excess contributions or prohibited transactions associated with an account; (2) distributions from an account that reduces a distributee's account level below a specified amount; and (3) failure to effect spousal rollover of an account upon the spouse's death. Imposes penalties for failure to make required reports concerning an account. Amends title XVIII (Medicare) of the Social Security Act to reduce the Medicare benefits of a health care savings account beneficiary by 60 percent of the maximum amount of Medicare-related expenditures that could be reasonably underwritten (by an insurance company) for the average Medicare beneficiary, given certain assumptions. Establishes special rules for individuals who cannot obtain insurance to cover their added deductible at the standard premium rates. Directs the Secretary of Health and Human Services to establish rules in connection with recalculations of deductibles when a qualifying spouse becomes eligible for Medicare. Establishes catastrophic health care expense protection for certain individuals who qualify for Medicare and have met specified contribution requirements with respect to one or more health care savings accounts. Describes conditions under which a qualifying spouse becomes eligible for this protection.
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
Public Safety Radio Compatibility Act of 1989 - Directs the Federal Communications Commission, as part of its national public safety plan for mobile radio communications, to prescribe regulations setting national technical standards to establish interoperability between and among trunked public safety radio systems.
United States · United States Congress · 22 February 1989
United States Coinage Reform Act of 1989 - Requires that one dollar coins be gold colored, be at least 90 percent copper, and be fabricated in the United States from natural deposits located in the United States. Redesigns the obverse side of the dollar coin to symbolize the 500th anniversary of the discovery of the New World by Christopher Columbus. Requires the Secretary of the Treasury to place such coins into circulation within 18 months and to cease production of one dollar notes, except as required from time to time to satisfy the needs of collectors, within 18 months after the first of such coins are placed in circulation. Directs the Secretary to conduct a study and report to the Congress on the advisability of phasing out production of the one-cent and 50-cent coins and of rounding cash sales to the nearest five cents. Requires that the seigniorage from the production of such dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins.
United States · United States Congress · 21 February 1989
1991 Mount Rushmore Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the Mount Rushmore National Memorial. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on January 1, 1991. Directs the Secretary to obtain silver for the minting of such coins from stockpiles established under the Strategic and Critical Materials Stock Piling Act and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Mount Rushmore National Memorial Society of Black Hills. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $1 for half-dollar coins. Requires that of the total surcharges received by the Secretary from the sale of such coins: (1) 50 percent shall be returned to the Treasury for purposes of reducing the national debt; and (2) 50 percent shall be paid to the Society to assist efforts to improve the Mount Rushmore National Memorial. Authorizes the Comptroller General to audit such payments. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 9 February 1989
Family Planning Reauthorization Act of 1989 - Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for projects, training, and information and materials related to family planning.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Global Environment Research and Policy Act of 1989 - Title I: National Global Change Research Plan - Directs the Federal Coordinating Council on Science, Engineering, and Technology (Council) to develop a National Global Change Research Plan for a ten-year national research program on the processes and factors which contribute to global environmental change, including research on increases of global sea levels. Requires that such Plan allocate research responsibilities among Federal agencies in accordance with existing and appropriate additional agency missions and responsibilities. Requires that such Plan be submitted to the Congress within one year of this Act's enactment and revised and resubmitted at least once every three years. Directs the Council to: (1) oversee implementation of the Plan; (2) coordinate global change research and assessment activities among Federal agencies; (3) work with the National Research Council and other groups conducting such activities; (4) promote consistent, efficient, and compatible transfer and use of research data; and (5) cooperate with the Secretary of State in providing U.S. representation at international governmental meetings on global change. Requires each Federal agency to submit a report identifying each element of its proposed global change activities to the President and the Council when it submits its appropriations request to the President. Directs the President to give the Council an opportunity to review and comment on the budget estimate for each agency in the context of the Plan before submitting the annual budget to the Congress, and identify in such budget the portion of each agency's annual budget that is allocated to each element of that agency's global change activities. Sets forth Council reporting requirements. Title II: Council on Global Environmental Policy - Establishes a Council on Global Environmental Policy within the Executive Office of the President to advise the President regarding domestic and international policies, plans, and programs of the Federal Government related to global environmental change. Sets forth reporting requirements, including the requirement that the Council on Global Environmental Policy develop and submit to the Congress and the President, within five years of this Act's enactment, a comprehensive program to abate, mitigate, and adapt to the impacts of global environmental change. Requires that such program be updated periodically to incorporate the results of Plan research. Title III: Miscellaneous - Amends the National Environmental Policy Act of 1969 to require all reports on Federal actions affecting the quality of the human environment to include the environmental impacts of such actions on the oceans, atmosphere, and global environment.
United States · United States Congress · 9 February 1989
Current Level Enhanced Rescission Act of 1989 - Amends the Impoundment Control Act of 1974 to include in any special message the President sends to the Congress in connection with a proposed rescission of budget authority amendatory language to enable the affected programs to continue to function lawfully at the proposed new budget level. Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President, on the same day the President approves any appropriation bill, to transmit to the Senate and the House of Representatives one or more special messages proposing to rescind amounts of budget authority included in the bill. Limits: (1) the amounts subject to rescission (the proposal may not reduce a program below its previous fiscal year level); and (2) each special message to one item of budget authority. Prescribes procedures to govern the expedited treatment of such messages in the Senate and the House of Representatives. Makes any proposed rescission amount available for obligation unless both Houses of Congress agree to the bill or joint resolution accompanying the related special message within 60 days of its transmission.
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Fair Credit Reporting Amendments of 1989 - Amends the Fair Credit Reporting Act to require consumer reporting agencies to disclose promptly to a consumer any adverse information the agency receives. Directs the Board of Governors of the Federal Reserve System to prescribe regulations defining "adverse information."
United States · United States Congress · 7 February 1989
Establishes congressional procedures for consideration of special messages submitted by the President proposing to rescind all or part of any item of appropriation provided in an approved appropriation bill.
United States · United States Congress · 2 February 1989
Vietnam Veterans Post-Traumatic Stress Disorder Compensation Act - Creates a presumption of service-connection for disability purposes for veterans suffering from a post-traumatic stress disorder after serving in Southeast Asia during the Vietnam era.
United States · United States Congress · 31 January 1989
National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 31 January 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 31 January 1989
Sunshine Resolution of 1989 - Requires each standing committee of the House of Representatives with subject matter jurisdiction to report to the House on legislation to amend the following laws to make them applicable to the House: (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938; (3) the Occupational Safety and Health Act of 1970; (4) the Equal Pay Act of 1963; (5) the Age Discrimination in Employment Act of 1967; (6) the Freedom of Information Act; (7) the Privacy Act of 1974; (8) title VII of the Civil Rights Act of 1964, relating to equal employment opportunity; (9) the Rehabilitation Act of 1973, as it relates to employment of individuals with handicaps; (10) the section of the Federal criminal code that relates to post-employment conflict of interest; and (11) the chapter of Federal Judiciary and Judicial Procedure that relates to an independent counsel. Sets forth House procedure when such legislation is reported. Amends rule X of the Rules of the House of Representatives to require the ratio of the number of members of each committee (and of each subcommittee, task force, or subunit) to reflect the ratio of majority to minority party Members of the House at the beginning of each Congress. Requires the ratio of each select committee (and of each subcommittee, task force, or subunit) and of each conference committee to reflect the ratio of majority to minority party members at the time of its appointment. Amends rule XI to prohibit any committee from voting by proxy. Amends rule XV to require a roll call vote on any bill, joint resolution, or conference report making appropriations or providing revenue. Amends rule XXI to prohibit the consideration of any bill or resolution making appropriations under the jurisdiction of more than one subcommittee of the Committee on Appropriations if it applies to periods after November 30 of a fiscal year. Authorizes the waiver or suspension of such provision by a 60 percent majority vote of the House. Prohibits an appropriation from being reported in any joint resolution continuing appropriations, or from being an amendment to such resolution, for any expenditure not previously authorized by law, except to continue appropriations for public works and objects which are already in progress. Prohibits any provision changing existing law from being reported in any joint resolution continuing appropriations except germane provisions which retrench expenditures by the reduction of amounts of money covered by the bill. Prohibits any amendment to a joint resolution continuing appropriations if it changes existing law. Declares that no amendment shall be in order during consideration of a joint resolution continuing appropriations proposing a limitation not specifically contained or authorized in existing law for the period of the limitation. Sets forth House floor procedure after a joint resolution continuing appropriations has been read for amendment. Makes it out of order in the House to consider any joint resolution continuing appropriations, or any amendment thereto, which covers a period of more than 90 calendar days. Prohibits any item of appropriation set forth in any joint resolution continuing appropriations from exceeding the lesser of the amount set forth for such item in the House-passed or Senate-passed general appropriation bill for the fiscal year. Declares that the provisions of this Act concerning the use of continuing resolutions may only be waived by a vote of two-thirds of the Members present and voting, a quorum being present. Amends rule XXVII to direct the Clerk of the House to have printed in the Congressional Record the name of each Member who has signed, or withdrawn a signature to, a motion to discharge a committee from the consideration of a public bill or resolution, when 100 Members have signed the motion. Amends rule XXVIII to provide for the inclusion of dissenting views in conference reports. Establishes rule LI to require the Speaker of the House to cause notice of the legislative schedule for the floor of the House for each legislative day to be printed in the Congressional Record at least two legislative days in advance. Establishes rule LII to require that the Congressional Record for the House contain an accurate and verbatim account of remarks actually delivered on the floor together with permitted tables, statistics, and other supporting data. Requires extensions and revisions of remarks to be limited to the correction of grammatical and typographical errors. Requires the insertion of remarks not actually delivered on the floor to be so designated.
United States · United States Congress · 31 January 1989
Protect Medicare 90 Concurrent Resolution - Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels set by current law for such fiscal year.
United States · United States Congress · 31 January 1989
Expresses the sense of the Congress that Federal law governing the taxation of State and local government bonds should not be changed in order to increase Federal revenues.
United States · United States Congress · 27 January 1989
Disapproves the recommendations of the President relating to pay rates of Members of Congress, Federal judges, and Federal officials. Provides that if the date of enactment of this resolution is on or after February 8, 1989, then the rate of pay for positions increased by the recommendations shall be the rate of pay in effect before such recommendations took effect. Amends the Federal Salary Act of 1967 and the Legislative Reorganization Act of 1946 to require a recorded vote on any increase in the rates of pay of Members of Congress.
United States · United States Congress · 27 January 1989
Expresses the sense of the Congress that the U.S. flag should be treated with respect, that public desecration of the flag is not symbolic speech under the First Amendment of the U.S. Constitution, and that Federal provisions prohibiting the willful and knowing display of contempt for the flag should be enforced.
United States · United States Congress · 24 January 1989
Repeals provisions of the Tax Reform Act of 1986 that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. (The consequence is the repeal of section 89 of the Internal Revenue Code.)
United States · United States Congress · 20 January 1989
Repeals a provision of the Internal Revenue Code that disallows the income tax deduction of 25 percent of the health insurance costs of self-employed individuals after tax year 1989 (thus extending the deduction indefinitely).
United States · United States Congress · 20 January 1989
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that development activities carried out under this Act shall be consistent with maintaining and restoring the renewable natural resource base. Requires the President to submit the plan to the Congress by July 1, 1990. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1990, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
United States · United States Congress · 19 January 1989
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 19 January 1989
Amends Federal law to require the reverse side of the first coin redesigned to commemorate the bicentennial of the U.S. Constitution for a two-year period. Provides that the design on the obverse side of U.S. coins shall contain the likenesses of those displayed on current coins and shall be considered for redesign. Requires any such obverse redesigns to conform to the inscription requirements of current law. Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the Secretary, in selecting new designs, to consider specified constitutional concepts. Requires the designs to be selected by the Secretary upon consultation with the United States Commission of Fine Arts. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
United States · United States Congress · 4 January 1989
Amends the Congressional Budget and Impoundment Control Act of 1974 to reduce the maximum permissible deficit amount for fiscal years following this Act's enactment by the amount of any new revenue estimated to be generated as a result of legislation with respect to the particular fiscal year.
United States · United States Congress · 4 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 4 January 1989
Amends the Internal Revenue Code to require indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Reduces from 34 percent to 15 percent the alternative tax rate on capital gains realized by a corporation.
United States · United States Congress · 4 January 1989
Amends the Internal Revenue Code to require indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.
United States · United States Congress · 3 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Amends the Federal Property and Administrative Services Act of 1949 to allow nonprofit volunteer fire departments and rescue squads to receive donations of Federal surplus personal property.
United States · United States Congress · 3 January 1989
Congressional Pay Reform Act of 1987 - Amends the Legislative Reorganization Act of 1946 to specify that pay adjustments for Members of Congress shall become effective on March 1 following the beginning of the next Congress after the Congress during which such adjustment is approved. Amends the Federal Salary Act to require the President to transmit to the Congress, within a specified time period, recommendations for rates of pay of Members of Congress and legislative and judicial employees. (Currently such recommendations are included in the Federal budget.) Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if it carries an appropriation, or a limitation of appropriations, for any other purpose. Requires a recorded vote on such bill or resolution.
United States · United States Congress · 3 January 1989
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 3 January 1989
Economic Statute of Repose Act - Establishes a statute of repose (based upon the useful life of a product) for civil actions brought for damages for death or personal injury resulting from the use of a product of a character subject to the allowance for depreciation under the Internal Revenue Code.
United States · United States Congress · 3 January 1989
Defers until the first day of the 102nd Congress the rates of pay for Members of Congress which became effective in February 1989 under the provisions of the Federal Salary Act of 1967.
United States · United States Congress · 3 January 1989
Amends the Federal Salary Act of 1967 to remove the recommendations on the rates of pay of Members of Congress from the jurisdiction of the Commission on Executive, Legislative, and Judicial Salaries.
United States · United States Congress · 3 January 1989
Amends the Federal Salary Act of 1967 to provide that any pay increase for Members of Congress shall be deferred until the first day of the Congress following the Congress in which the increase was transmitted by the President to the Congress.
United States · United States Congress · 3 January 1989
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
United States · United States Congress · 3 January 1989
Repeals the Medicare Catastrophic Coverage Act of 1988. Establishes the Presidential Commission on the Medicare Program to ascertain the health care needs of Medicare (title XVIII of the Social Security Act) beneficiaries, focusing on the potential of covering long-term care under the Medicare program. Requires the Commission to report to the Congress and the President. Authorizes appropriations.
![Official portrait of Rep. Kolbe, Jim [R-AZ-8]](https://www.congress.gov/img/member/k000306_200.jpg)