United States · United States Congress · 7 February 1990
Environmental Protection Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to increase the number of criminal investigators in the EPA Office of Criminal Investigations in the five fiscal years following the enactment of this Act. Requires the Administrator to hire 50 civil investigators to assist the Office of Enforcement and Compliance Monitoring in developing and prosecuting civil and administrative actions. Directs the Administrator to establish within the Office of Enforcement and Compliance Monitoring the National Enforcement Training Institute to train lawyers, inspectors, investigators, and technical experts in environmental law enforcement. Establishes the Environmental Laws Enforcement Fund to carry out this Act. Authorizes appropriations.
United States · United States Congress · 7 February 1990
Calls upon the President to urge Soviet President Gorbachev to publicly condemn the emergence of popular anti-Semitism in the Soviet Union and to protect Soviet Jews from harassment and violence.
United States · United States Congress · 6 February 1990
Medicare Supplemental Insurance Reform Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a Medicare supplemental policy from being sold in any State if the policy's premium exceeds its premium for the previous year by a percentage greater than the projected percentage increase in Medicare costs, unless the premium increase has been approved by the State pursuant to a specified process providing for the detailed review of the reasonableness of such increase. Prohibits the sale of a Medicare supplemental policy which has neither been certified by the Secretary of Health and Human Services as meeting NAIC (National Association of Insurance Commissioners) Model Standards and returning a specified percentage of premiums as benefits, nor determined by a State regulatory program to be returning the requisite percentage of premiums as benefits. Increases the percentage of premiums which must be returned to policyholders as benefits. Requires that each State having a Medicare supplemental policy regulatory program maintain and make available to consumers a listing of the most recent year's ratio of benefits provided to, and premiums collected for, each policy sold in the State.
United States · United States Congress · 6 February 1990
Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.
United States · United States Congress · 1 February 1990
Medicaid Child Health Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory Medicaid coverage of children whose family income is below the Federal poverty level. Permits States to provide Medicaid coverage to children who have attained age one but not age six and whose family income does not exceed 185 percent of the Federal poverty level. (Currently, States are required to cover children between such ages whose family income does not exceed 133 percent of the Federal poverty level.) Requires States to: (1) process Medicaid applications at locations which include locations other than those used for applications under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act; and (2) use applications other than those used under the AFDC program. Permits States to provide an additional 12 months of extended Medicaid coverage to families whose AFDC eligibility ends due to the caretaker relative's employment. (Currently, States are required to provide 12 months of such extended coverage.) Requires States which provide prospective Medicaid payments to hospitals to reimburse hospitals which serve a disproportionate share of low-income patients for exceptionally costly or lengthy stays by children. Directs States to provide Medicaid coverage for disabled children who are eligible for benefits under title XVI (Supplemental Security Income) of the Social Security Act. Prohibits the discontinuance of a child's Medicaid benefits until he or she is determined not to be eligible for such benefits on any basis. Allows States to extend Medicaid coverage to foster care children whose incomes are above State cash assistance eligibility levels but below the Federal poverty level.
United States · United States Congress · 1 February 1990
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.
United States · United States Congress · 23 January 1990
Department of Environmental Protection Act - Title I: Establishment of Department of Environmental Protection - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection. Establishes within the Department: (1) an Office of International Environmental Affairs; (2) an Office of Enforcement; and (3) a Center for Environmental Statistics (Center). Encourages the Secretary to assist the Secretary of State in negotiating and administering international environmental protection agreements and participating in the work of international environmental protection organizations. Encourages the Secretary to continue the Department's role in conducting international environmental research and providing technical assistance to other nations to improve environmental quality. Requires the Secretary to establish an Advisory Committee on Environmental Statistics to advise the Center and the Congress on the collection and dissemination of statistical data. Directs the Secretary to maintain a comprehensive guide to the Department's environmental and public health information services. Requires the Secretary to establish an Advisory Committee on Public Access to provide recommendations on improving public access to departmental information. Directs the Secretary to: (1) study the use of computer telecommunications and other means to provide for access to such information; and (2) permit the reduction or waiver of user fees for such access. Title II: Commission on Environmental Administration - Establishes the Commission on Environmental Administration to analyze and make recommendations on specified reorganization and management issues in the Department. Authorizes appropriations.
United States · United States Congress · 23 January 1990
Makes supplemental FY 1990 appropriations for the Department of Health and Human Services' low-income home energy assistance program for States with specified home heating cost increases.
United States · United States Congress · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 21 November 1989
Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.
United States · United States Congress · 20 November 1989
Stewart B. McKinney Homeless Assistance Amendments Act of 1990 - Title I: General Provisions - Provides for budget compliance of this Act for FY 1991 through 1992. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (SBMHAA) to authorize appropriations through FY 1992. Extends the Interagency Council on the Homeless through FY 1992. Title III: Federal Emergency Management Food and Shelter Program - Amends SBMHAA to authorize appropriations for the Federal Emergency Management Food and Shelter Program through FY 1992. Title IV: Housing Assistance - Amends the SBMHAA to extend through FY 1992: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) section 8 assistance for single room occupancy dwellings. Title V: Health Care for the Homeless - Amends the Public Health Service Act to authorize through FY 1992: (1) categorical grants for primary health services and substance abuse services; (2) block grants for community mental health services; and (3) alcohol and drug abuse treatment of homeless individuals. Amends SBMHAA to authorize appropriations for Community demonstration projects. Title VI: Education, Training, and Community Services Program - Amends SBMHAA to authorize appropriations for specified education, training, and community services programs through FY 1992. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to authorize appropriations for veterans medical programs through FY 1992.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 16 November 1989
Pollution Prevention Advancement Act - Directs the Administrator of the Environmental Protection Agency to provide for the conduct of research and development activities with respect to new or improved practices and technologies for pollution prevention. Requires at least 50 percent of the funds appropriated for such activities to be used for grants to universities or research institutions. Directs the Administrator to earmark a portion of such funds for participation in the Small Business Innovation Research Program. Requires the Administrator to report to the Congress on the impact of products on pollution prevention capabilities, including a list of 50 constituents that have adverse environmental or public health effects when recycled, discarded, incinerated, or treated before disposal and an identification of as many of the products containing such constituents as is practicable. Directs the Administrator to provide funding for projects demonstrating new pollution prevention practices and technologies to: (1) entities responsible for municipal solid waste disposal; and (2) public and private entities. Limits such grants to specified percentages of the total cost of a project. Sets forth criteria to be considered in the awarding of such grants. Requires the Administrator to evaluate such projects to determine the effectiveness and life-cycle costs of such technologies or practices and related social impacts. Directs the Administrator to establish a program of research grants to State and local governments that have solid waste prevention and recycling programs to enable such governments to evaluate the effectiveness of such programs. Requires such governments to report the results of such research to the Administrator. Limits the Federal share of the cost of such research to 50 percent of the total amount. Requires the Administrator to promote the use of, and provide technical assistance for, pollution prevention practices and technologies. Directs the Administrator to establish a Pollution Prevention Information Clearinghouse. Establishes priorities for the Administrator in undertaking pollution prevention research and development and demonstration activities with respect to hazardous and other wastes. Requires the Administrator to report annually to the Congress on the activities carried out under this Act. Authorizes and allocates appropriations.
United States · United States Congress · 7 November 1989
Hurricane Hugo Emergency Relief Act - Requires the Chief of Engineers, upon the request of the Governor of the Virgin Islands, to provide assistance to the Virgin Islands in carrying out any project for repair, restoration, reconstruction, or replacement of any facility eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to damages resulting from Hurricane Hugo. Directs that the Chief be reimbursed for such expenditures from funds appropriated for carrying out such Act. Provides that the Federal share for such assistance shall be 100 percent. Requires the Chief, upon request of the Governor of the Virgin Islands or Puerto Rico, to restore beaches in the Virgin Islands and Puerto Rico damaged by Hurricane Hugo for purposes of preventing and mitigating storm damages and assisting in the recovery of damages resulting from such hurricane. Directs that the Chief be reimbursed for such expenditures from funds appropriated for carrying out such Act. Sets forth cost sharing allocations. Provides that upon request of the Governor of the Virgin Islands, the Federal official administering assistance for a construction project in the Virgin Islands may make such assistance available to the Chief to carry out such project. Provides for reimbursement of certain administrative costs incurred by the Chief. Declares that the maximum amount which may be allotted under the Flood Control Act of 1948 for the flood control project for Savan Gut, Virgin Islands, shall be $10,000,000 instead of $5,000,000. States that any expenses incurred by the Administrator of General Services for repair, restoration, reconstruction, or replacement of any public building damaged or destroyed by Hurricane Hugo and for relocating Federal employees shall be reimbursed from funds appropriated to the Federal Emergency Management Agency to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Waives the $5,000,000 limitation on obligations for projects in a fiscal year in the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands with respect to obligations for projects resulting from Hurricane Hugo. Directs the Secretary of Transportation to provide not less than two Federal Highway Administration technicians to provide assistance in repairing and reconstructing portions of the Federal-aid highway system in the Virgin Islands damaged or destroyed as a result of Hurricane Hugo.
United States · United States Congress · 2 November 1989
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter's Tuition Assistance Account, the Hazardous Materials Response Computer Account, the In Search of Excellence Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Funds such museum exclusively through the Fund. Establishes a National Hero Scholarship to fund the higher education of the children or spouse of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the In Search of Excellence Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974. Establishes the Firefighters Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to use funds from the Hazardous Materials Response Computer Account of the fund to procure computer equipment for fire services that want such equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to State fire marshals, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable.
United States · United States Congress · 23 October 1989
Hurricane Hugo and Loma Prieta Earthquake Emergency Relief Act - Title I: Highway Emergency Assistance Program - Authorizes $1,000,000,000 in additional appropriations out of the Highway Trust Fund to the emergency relief fund for FY 1990 for the repair or reconstruction of highways, roads, and trails damaged from natural disasters or catastrophic failures within the United States. (Provides that obligations incurred and expenditures made from such funds shall not be charged against the Budget Act, the Gramm-Rudman-Hollings Act, or other ceilings.) Waives limitations on emergency relief fund expenditures and obligations with respect to projects resulting from Hurricane Hugo or the Loma Prieta Earthquake of 1989. Specifies that the Federal share of any such project on the interstate and Federal-aid highway systems shall be 100 percent of the costs incurred within 180 days of each such natural disaster. Makes projects on the San Francisco-Oakland Bay Bridge in California resulting from such earthquake eligible for emergency relief funds, provided the Governor of California certifies in writing to the Secretary of Transportation that the State has established and will maintain insurance or other evidence of financial responsibility for damages to, or destruction of, such bridge resulting from earthquakes. Specifies that allocations for emergency relief for highways, roads, and trails for projects resulting from Hugo or Loma Prieta shall be excluded for purposes of provisions regarding the allocation of funds for interstate and Federal-aid highway programs among the States. Requires the Secretary of Transportation to provide at least two technicians from the Federal Highway Administration to assist in repairing and reconstructing portions of the Federal-aid highway system in the Virgin Islands damaged or destroyed as a result of Hugo. Requires: (1) the Secretary of Transportation to transmit to the Congress a report on the adequacy of current Federal and State standards in areas which are likely to be subject to earthquakes for ensuring that highway, mass transit, and airport construction projects will withstand earthquakes; and (2) the Comptroller General to transmit to the Congress a report on the reasons for the failure of the Cyprus Street segment of Interstate Route I-880 and the San Francisco-Oakland Bay Bridge on Interstate Route I-80. Title II: Federal Emergency Management Agency and Other Emergency Assistance Programs - Directs the Chief of Engineers of the Corps of Engineers, upon request of the appropriate Governor, to: (1) provide assistance to the Virgin Islands in carrying out any project for repair, restoration, reconstruction, or replacement of any facility eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) with respect to damages resulting from Hugo; and (2) restore beaches in the Virgin Islands and Puerto Rico damaged by Hugo. Specifies the Federal share of the costs of such projects. Increases the maximum amount which may be allotted under the Flood Control Act of 1948 for the flood control project for Savan Gut, Virgin Islands. Provides for the reimbursement of the Administrator of General Services of expenses incurred for repair, restoration, reconstruction, or replacement of any public building damaged or destroyed by Hugo or Loma Prieta, and for relocating Federal employees. Requires the President to suspend and, for reasons of economic hardship, waive provisions of the Flood Disaster Protection Act of 1973 relating to coverage of flood insurance for approval of Federal financial assistance with regard to grants to individuals or families adversely affected by Hugo under the Stafford Act. Permits Federal assistance under such Act to be provided with respect to damages incurred as a result of Hugo or Loma Prieta by a nonprofit educational institution without regard to whether State assistance may be provided with respect to such damages.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 4 October 1989
Polish and Hungarian Democracy Initiative of 1989 - Title I: Structural Adjustment - Requires the U.S. Government, to the extent that Poland and Hungary continue to evolve toward pluralism and democracy and develop and implement comprehensive economic reform programs, to: (1) take the leadership in mobilizing international financial institutions to provide timely and appropriate resources to help Poland and Hungary; (2) use the Exchange Stabilization Fund to support the implementation of a plan of the Polish Government to attack hyperinflation and other structural economic problems, address pressing social problems, and carry out comprehensive economic reform; (3) urge all members of the Paris Club of creditor governments and other creditor governments to adopt a generous and early rescheduling program for debts owed by the Polish Government, and reschedule payments due on the debt owed by such Government to the U.S. Government that is payable during FY 1990 through 1994; and (4) make available to Poland U.S. agricultural assistance and encourage parallel efforts by the European Community and other agricultural surplus nations. Sets a minimum level of agricultural assistance to Poland for FY 1990. Requires the President to submit a report to the Congress: (1) describing the steps taken by the U.S. Government under this Act; (2) assessing Poland's requirements for additional agricultural assistance during FY 1990 and for assistance during FY 1991 through 1992; and (3) specifying how much agricultural assistance the President proposes be provided by the United States to meet those requirements. Directs the President to provide to the Congress revised assessments of Poland's requirements for agricultural assistance during FY 1991 through 1992, as additional information becomes available. Title II: Private Sector Development - Authorizes appropriations for the three-year period beginning October 1, 1989, to support the Polish-American Enterprise Fund and the Hungarian-American Enterprise Funds (Enterprise Funds). Authorizes the President to designate two private, nonprofit organizations as eligible to receive funds and support (the Enterprise Funds). Sets forth provisions with respect to the management and administration of such funds, audits, recordkeeping, and reporting requirements. Requires each Enterprise Fund to take into account such considerations as internationally recognized worker and human rights, environmental factors, U.S. economic and employment effects, and the likelihood of commercial viability of the activity receiving assistance from the Enterprise Fund. Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reforms and to facilitate adjustment during the period of economic transition and reform. Specifies types of technical assistance authorized, including assistance pertaining to job training and retraining, labor-management relations, and worker rights. Requires the President to develop and implement a program for extending basic agribusiness, commercial, entrepreneurial, financial, scientific, and technical skills to the people of Poland and Hungary to enable them to better meet their needs and develop a market economy, including management training and agricultural extension activities. Specifies agencies, programs, and organizations participating in such program. Authorizes appropriations. Authorizes appropriations to carry out programs in Poland and Hungary under the Peace Corps Act. Directs that a portion of specified agricultural commodities be made available and sold or bartered to generate local currencies to be used to complement the assistance for Poland authorized by this Act. Title III: Trade and Investment - Amends: (1) the Trade Act of 1974 to make Poland eligible for the Generalized System of Preferences; and (2) the Foreign Assistance Act to make Poland and Hungary eligible for Overseas Private Investment Corporation (OPIC) programs. Directs the OPIC to support projects in Poland and Hungary which will result in enhancement of the nongovernmental sector and reduction of State involvement in the economy. Amends the Export-Import Bank Act of 1945 to remove Poland and Hungary from a list of Marxist-Leninist countries. Directs the Export-Import Bank and the Agency for International Development (AID) to work with certain international financial intermediaries which will facilitate trade between the United States and Poland which is eligible for financing from such Bank. Authorizes the President to provide guarantees to the Bank for liabilities incurred in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 for financing for transactions involving the export of goods and services for the use of the private sector in Poland and Hungary. Limits such guarantees to short-term guarantees and insurance extended by the Banks which shall be repayable within one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance. Provides that such guarantees or insurance shall: (1) be by the Administrator of AID and the Bank; and (2) provide for the establishment of a reserve fund by the administering agency. Sets forth provisions with respect to funding, the discharge of liabilities, reporting requirements, administrative and technical assistance, fees and premiums charged by the Bank, and congressional reporting requirements in connection with guarantees of insurance guaranteed by the administering agency. Authorizes appropriations. Urges the President to seek bilateral investment treaties with Poland and Hungary to establish a more stable legal framework for U.S. investment in those countries. Title IV: Educational, Cultural, and Scientific Activities - Urges the United States to: (1) expand its participation in educational and cultural exchange activities with Poland and Hungary; and (2) establish binational Fulbright commissions with Poland and Hungary to facilitate and enhance academic and scholarly exchanges with those countries. Encourages the establishment of "sister institution" programs between American and Polish, and American and Hungarian, organizations. Authorizes appropriations. Requires the Administrator to establish and administer a program to provide scholarships to enable students from Poland and Hungary to study in the United States. Authorizes the Administrator to make grants to States to provide scholarship assistance for undergraduate or graduate degree programs, and training programs of one year or longer, in study areas related to the critical development needs of Poland and Hungary. Authorizes appropriations to the Secretary of State to continue to implement the 1987 U.S.-Polish science and technology agreement for FY 1990 through 1992. Title V: Other Assistance - Authorizes appropriations to support democratic institutions and activities in Poland and Hungary. Authorizes appropriations to undertake such action (including educational, research, and technical and financial assistance) as the Administrator of the Environmental Protection Agency (EPA) deems appropriate in protecting the environment in Poland and Hungary. Authorizes the Administrator to cooperate with Polish officials and experts to: (1) establish an air quality monitoring network in the Krakow metropolitan area as part of Poland's national air monitoring network; and (2) improve both water quality and the availability of drinking water in such area. Requires the Administrator to work with the United States and Hungarian officials and private parties to establish a regional center in Budapest for facilitating cooperative environmental activities between governmental experts and public and private organizations from the United States and Europe. Authorizes appropriations for EPA activities for FY 1990 through 1992. Directs the Secretary of Energy to cooperate with Polish officials and experts to: (1) retrofit a coal-fired commercial powerplant in Krakow, Poland, with advanced clean coal technology; and (2) assess and develop the capability within Poland to manufacture boilers or other equipment that will enable industrial facilities within Poland to burn fossil fuels cleanly. Authorizes appropriations. Authorizes appropriations for medical supplies, hospital equipment, and training of Polish medical personnel. Title VI: Other Provisions - Requires: (1) the President to submit a report to the Congress on actions taken pursuant to this Act; and (2) the Secretary of State to coordinate the assistance for Poland and Hungary provided for in this Act.
United States · United States Congress · 4 October 1989
Requires vessels traveling from outside the Great Lakes bound for a U.S. port in the Great Lakes to exchange their ballasts prior to entering the Saint Lawrence Seaway.
United States · United States Congress · 3 October 1989
Oil Pollution Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Makes owners of oil carried in bulk as cargo on vessels secondarily liable for such costs and damages. Exempts from such liability certain discharges permitted under Federal, State, and local law or discharges from public vessels. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Directs the Secretary of the department in which the Coast Guard is operating to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Directs the Secretary to: (1) conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessels to deepwater ports versus the transportation of oil to other ports; (2) report to the Congress on the results of such study; and (3) lower the limits of liability with respect to deepwater ports and to vessels transporting oil to such ports, if determined that the use of deepwater ports in connection with the transportation of oil results in lower operational or environmental risks than the use of other ports. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; (3) an Indian tribe; or (4) a foreign government. Sets forth recovery and indemnification procedures. Makes responsible parties subject to certain civil penalties if an oil discharge results in damages to natural resources that cannot be restored. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund). Sets forth defenses to liability for such Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the following parties to establish and maintain evidence of financial responsibility to meet maximum liability limits: (1) parties responsible for certain vessels over 300 tons or vessels using the waters of the exclusive economic zone to transship or lighter oil destined for U.S. ports; (2) owners of oil carried in bulk as cargo on vessels; and (3) parties responsible for offshore facilities and deepwater ports. Directs the Secretary of the Treasury to withhold or revoke the clearance of any vessel that does not have evidence of financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports, or waters, be detained at such ports, or be subject to seizure. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Makes conforming amendments to: (1) the Intervention on the High Seas Act; (2) the Federal Water Pollution Control Act; (3) the Deepwater Port Act; and (4) the Outer Continental Shelf Lands Act Amendments of 1978. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Requires the Oil Spill Liability Trust Fund to indemnify and defend certain persons with respect to recovery of removal costs and damages. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Requires the Secretary of the department in which the Coast Guard is operating to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Prevention and Removal - Subtitle A: Prevention - Amends Federal law relating to certificates of registry and merchant seamen licenses to prohibit the Secretary from issuing such documents to any individual who fails to make available to the Secretary information in the National Driver Register regarding such individual's driving record. Limits the term of such documents to five years and authorizes renewals for additional five year periods. Applies such terms to new and existing documents. Requires the Secretary to conduct criminal record reviews of certificate of registry applicants and of merchant seamen license renewal applicants. Directs the Secretary to request holders of shipping licenses, certificates of registry, or merchant seamen licenses to make available to the Secretary all information in the National Driver Register regarding such individuals' driving records. Requires the Secretary to temporarily suspend and take possession of such documents if a holder performs a sensitive function on a vessel and there is cause to believe that such individual has: (1) performed such function while under the influence of alcohol or a dangerous drug; (2) been denied a motor vehicle license for cause within the five year period preceding the suspension; or (3) been convicted of an offense for which such documents may be suspended or revoked under Federal law. Authorizes the Secretary to suspend or revoke such documents if a holder: (1) is convicted of an offense preventing the renewal of such documents; or (2) is convicted of an alcohol-related driving offense or an offense involving a fatal traffic accident or reckless driving within the five year period preceding the suspension or revocation. Permits the termination of a revocation only when the Secretary decides that the reissuance of a document is compatible with the requirement of good discipline and safety at sea and the former holder provides satisfactory proof that the bases for revocation are no longer valid. Directs the next two senior members on a vessel, if they believe that the individual in command is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, to take command of the vessel, enter details in the vessel log, and report such details to the Secretary as expeditiously as possible. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of merchant seamen licenses or certificates of registry to request the chief State driver licensing official to transmit to the Secretary information regarding such individuals' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request. Revises standards for foreign tank vessels. Prohibits foreign vessels which fail to enforce standards equivalent to U.S. or customary international law from entering the United States. Allows provisional entry for such vessels under specified circumstances. Amends the Ports and Waterways Safety Act to authorize the Secretary to construct, operate, or improve a vessel traffic system in any U.S. channel or port. Prohibits the appropriation of funds for vessel traffic system projects unless such projects are approved by the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation. Requires the Secretary to report to the Congress on such projects. Directs the Secretary to: (1) study whether the Secretary should be given additional authority to direct vessel movement on navigable waters and should exercise such authority; (2) study and prioritize U.S. ports and channels that are in need of new or improved vessel traffic systems; and (3) report to the Congress on such study, together with recommendations for implementing such study. Authorizes States to require State pilotage for, and levy pilot charges on, tankers having Federal pilots without licenses endorsed for pilotage in State waters. Authorizes a member of a vessel to serve as the pilot required in Great Lakes waters not designated by the President if such member is: (1) a U.S. citizen who has a pilot license; or (2) a Canadian citizen who has an equivalent pilot license. Authorizes a vessel (except for specified regulated vessels) to operate in waters of the Great Lakes without a U.S. or Canadian registered pilot when the Secretary of Transportation notifies the master that a registered pilot is not available. Makes vessels liable in rem for rates and charges for pilotage services and any costs of collection. Increases the penalties for owners of vessels who permit such a vessel to navigate in the waters of the Great Lakes without a U.S. or Canadian registered pilot. Requires the Secretary of the department in which the Coast Guard is operating to report and make recommendations to the Congress on whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil and hazardous substances on the navigable waters and the exclusive economic zone. Directs the Secretary of the Army to report and make recommendations to the Congress on the feasibility of modifying dredges to make them usable in removing discharges of oil and hazardous substances. Requires the President to report and make recommendations to the Congress on whether liners or other secondary means of containment should be used to prevent leaking or aid in leak detection at onshore oil storage facilities located near navigable waters. Subtitle B: Removal - Amends the Federal Water Pollution Control Act to require the President to ensure an effective and immediate removal of an oil or hazardous substance discharge: (1) into navigable waters; (2) on adjoining shorelines to such waters; (3) on waters of the exclusive economic zone; or (4) that may affect U.S. natural resources. Authorizes the President to direct and monitor all removal actions. Requires the President to: (1) designate areas for which new or improved local contingency plans must be prepared to respond to discharges, or threats of discharges, of oil or hazardous substances; and (2) specify the Federal, State, and local officials required to prepare such plans. Outlines plan requirements. Provides for the periodic review of such plans by the President. Authorizes the President to provide technical assistance for the preparation of such plans. Requires owners or operators of tank vessels or facilities that could reasonably discharge on the navigable waters, adjoining shorelines, or the exclusive economic zone to prepare contingency plans. Outlines plan requirements. Prohibits such vessels or facilities from handling or transporting oil unless the owner or operator has submitted an approved contingency plan and is in compliance with such plan. Requires the President to review such plans. Directs the President to require: (1) periodic inspection of major equipment used to remove discharges of oil and hazardous substances; and (2) vessels operating on the navigable waters and carrying such substances to have removal equipment that employs the best technology available and is compatible with the safe operation of the vessel. Requires the President, acting through the Secretary of the department in which the Coast Guard is operating, to conduct periodic drills of removal capability in major port areas under local and relevant vessel and facility contingency plans. Directs the Secretary to publish annual reports on such drills. Requires the Secretary to ensure that vessels designed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are available, operable, and complement the mission of servicing aids to navigation. Directs the Secretary to establish and maintain a comprehensive nationwide computer listing of emergency removal resources available and appropriate for use in responding to oil discharges. Requires the President to encourage appropriate international organizations to establish an international inventory of emergency response resources. Subtitle C: Miscellaneous - Amends specified Acts to increase and expand the scope of penalties for specified violations, including those concerning: (1) discharges of oil or hazardous substances; (2) negligent shipping operations; (3) ship inspections; (4) liquid dangerous cargoes; (4) load lines; (5) complements of inspected vessels; (6) deck watches; (7) pilotage and crew requirements; and (8) vessel navigation. Provides for the deposit into the Oil Spill Liability Trust Fund of penalties collected for oil discharges under the Federal Water Pollution Control Act. Title V: Prince William Sound Oil Spill Removal - Prince William Sound Oil Spill Removal Act of 1989 - Directs the Secretary to require: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within Prince William Sound to be escorted by at least one towing or other appropriate vessel; and (2) the use of a pilot licensed by the State of Alaska for all tank vessels navigating between the Port of Valdez, Alaska, and a certain point in the Sound. Requires the Secretary to prepare a plan to modify surveillance coverage of the Sound. Requires such plan to include construction of new radar sites to cover the vessel traffic system within the Sound and a review of existing radar surveillance and maintenance policies. Directs the Secretary to require: (1) prepositioned oil spill containment and removal equipment in the Port of Valdez, the city of Cordova, and other locations within the Sound; (2) the establishment of an oil spill removal organization at appropriate locations within the Sound to consist of trained personnel capable of immediately removing a discharge of 200,000 barrels of oil; (3) tank vessels operating in the Sound to carry equipment or materials sufficient to remove an oil discharge and minimize environmental damage; and (4) biannual practice exercises for equipment and personnel testing and training in oil removal techniques for local residents and individuals engaged in fish cultivation or production in the Sound. Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to expend at least $5,000,000 annually in FY 1990 through 1992 to conduct living marine resource damage assessments in Arctic waters from the Exxon Valdez oil spill in the Sound. Directs the Under Secretary, whenever possible, to recover such sums from the owner or operator of the Exxon Valdez. Requires such sums to be credited to the appropriations of the National Oceanic and Atmospheric Administration. Directs the Secretary to report to the Congress on: (1) a list of oil pollution exercises conducted in the Port of Valdez and the Sound during the operation of the Trans-Alaska Pipeline; and (2) any other matters regarding oil spills in Arctic waters, including faster approval of oil spill removal technology by Federal and State agencies. Title VI: Miscellaneous - Amends Federal law relating to shipping to waive certain inspection, load line, and manning of vessel requirements if the Secretary of Transportation determines that such waivers are needed in a crisis concerning: (1) a discharge or threat of discharge of oil or a hazardous substance; or (2) the national defense. Repeals a named Act to make a conforming amendment. Title VII: Research and Development - Establishes an Interagency Coordinating Committee on Oil Pollution Research. Requires the Committee to submit an oil pollution research plan to the Congress. Directs the Committee to coordinate the establishment of an oil pollution research and development program, including research and development technologies for preventing or mitigating oil discharges and protecting the environment. Requires such program to provide for: (1) technology evaluation; (2) research on the environmental effects of oil discharges; (3) monitoring and research programs by the Secretary of Commerce to determine the effects of specified oil spills in Alaska, Narragansett Bay, the Houston Ship Channel, and the Delaware River; and (4) research on the use of geographic and ship response simulation models. Authorizes the Secretary of Commerce to recoup costs for the Alaskan monitoring and research program from the owners and operators of the Exxon Valdez, to the extent such costs are directly related to the Exxon Valdez oil spill. Allows the Committee to enter into contracts with, and make grants to, universities, research institutions, and other persons to carry out such program. Requires the Committee to coordinate and cooperate with other nations and foreign research entities in conducting such activities. Directs the Committee to report annually to the Congress on the program. Provides for the establishment of a minimum of six regional research centers through competitive grants to universities or research institutions. Directs such centers to implement oil pollution research and development programs. Requires at least one center to be established in each of the following regions of the United States: (1) the tropical and subtropical coastal environments of Florida and the Gulf Coast; (2) the Atlantic and Pacific temperate coastal environments; (3) the Alaskan coastline and other Arctic and subarctic environments; (4) the Great Lakes; and (5) the inland waters. Sets forth selection criteria for grant applicants. Limits such grants to 80 percent of the total cost of such activities. Prohibits such grants from being used for the acquisition of real property or building construction. Provides for the equitable allocation of funds among the centers. Directs grant applicants to disseminate results of oil pollution research and development through technology transfer, training, and other educational programs. Makes funds available for oil pollution research and development activities. Allocates funds for FY 1990 through 1994 for the regional centers. Title VIII: Provisions Applicable to Alaska Oil - Amends the Trans-Alaska Pipeline Authorization Act to make holders of right-of-way permits in Alaska who are responsible for pollution damages liable for any administrative costs relating to the removal of a pollutant incurred by the State. Repeals a provision of such Act which establishes the Trans-Alaska Pipeline Liability Fund. Requires the Fund to pay valid claims if an owner or operator of a vessel has not paid a claim within 90 days of the submission of such claim. Subrogates the Fund to the rights of persons entitled to recover under this Act upon payment of any claim. Directs the President, after the settlement of all claims by the Fund, to study and report to the Congress on the final disposition of the unexpended balance in the Fund. Provides that officers and trustees of the Fund shall: (1) be indemnified by the Fund against all claims and liabilities to which they are subject by reason of serving as officers or trustees; and (2) be reimbursed for all legal expenses incurred in connection with such claims or liabilities.
United States · United States Congress · 28 September 1989
Amends the Toxic Substances Control Act to increase and expand the scope of criminal penalties for knowing violations of such Act. Makes persons who violate certain sections of such Act and who place another person in imminent danger of death or serious bodily injury subject to fines under the Federal criminal code and up to 15 years' imprisonment, or both. Doubles the maximum punishment for subsequent violations. Authorizes the Administrator of the Environmental Protection Agency to pay a reward of up to $10,000 to any person furnishing information or services which lead to a criminal conviction or judgment of liability for certain violations of such Act.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 20 September 1989
Support for East European Democracy (SEED) Act of 1989 - Title I: United States Policy in Eastern Europe - Expresses the sense of the Congress that the United States should implement, beginning in FY 1989, a program to support East European democracies by providing assistance to Eastern European countries which have taken substantive steps toward institutionalizing political democracy and economic pluralism. Designates support for East European democracy activities as SEED. Title II: Enterprise Funds in Poland and Hungary - Authorizes the President to designate two private, nonprofit organizations as the Polish-American Enterprise Fund and the Hungarian-American Enterprise Fund to promote development of the Polish and Hungarian private sectors. Requires the President to contribute to such Funds a specified amount of unobligated Department of Defense (DOD) funds. Allocates such funds and earmarks a specified amount for private agricultural development in Poland. Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1991 and 1992 for the Funds. Requires the President to designate an executive agency to contribute such monies to the Funds. Permits the agency to use a specified amount of such monies for carrying out functions under this title. Makes certain commodities eligible for assistance programs under the Agricultural Act of 1949 and the Agricultural Trade Development and Assistance Act of 1954 available to the Funds to generate local currencies. Authorizes grants to be made to the Funds only if the Funds are in compliance with this title. Provides for annual audits of the Funds. Requires the Funds to ensure that: (1) each recipient of Fund assistance keeps separate accounts and financial records; and (2) the funds have access to such records for audit purposes. Directs each Fund to publish annual reports. Title III: Labor Market Transition - Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reform and to facilitate adjustment during the period of economic transition and reform. Authorizes the Secretary to transfer a specified amount from Department of Labor funds to provide such assistance. Title IV: Environmental Initiatives - Authorizes the Administrator of the Environmental Protection Agency to: (1) undertake environmental protection activities in Poland and Hungary; and (2) use specified amounts of funds made available for FY 1990 through 1992 under the Clean Water Act and other authorizing statutes to carry out such activities. Requires the Administrator to cooperate with Polish officials and experts to: (1) establish an air quality monitoring network in the Krakow metropolitan area; and (2) improve water quality and the availability of drinking water in such area. Directs the Administrator to work with U.S. and Hungarian officials and private parties to establish and support a center in Budapest, Hungary, for facilitating cooperative environmental activities between government experts and U.S. and Eastern and Western European organizations. Title V: Diminishing the Burden of Bilateral and Multilateral Debt - Expresses the sense of the Congress that: (1) the debt payments owed by Poland to the United States which are payable during FY 1993 and 1994 should be rescheduled and made a part of the principal payment due in FY 1995; and (2) the President should urge all members of the Paris Club creditor governments to adopt a similar debt rescheduling program for Poland. Requires the President to take all appropriate actions to explore and encourage innovative approaches to the reduction of debt of Eastern European countries which have taken substantive steps toward political democracy and economic pluralism. Urges the President to exercise all available authorities to undertake the discounted sale of U.S. debt obligations to private purchasers to facilitate debt-for-equity swaps under which such privatized debt is exchanged for an equity interest in an Eastern European enterprise which is involved in SEED activities. Title VI: "Take-Off" Telecommunications Grant to Poland - Makes available a specified amount of unobligated FY 1990 DOD funds for a grant to the Polish Government for modernizing Poland's telephone and telecommunications infrastructure by means of competitively bid contracts to U.S. corporations. Title VII: Facilitating Voluntary Action - Expresses the sense of the Congress that the President should encourage monetary and food contributions from U.S. civic, religious, school, and youth organizations. Declares that the President should draw upon all available authorities, use resources of the National Guard and DOD, and request additional authorities, as necessary, to transport nonfinancial contributions to Poland. Expresses the sense of the Congress that the President should encourage the establishment of sister institution programs between U.S. and East European schools, universities, cities, and specified organizations. Title VIII: Policy Coordination and "SEED" Information System - Requires the President to designate a Coordinator of SEED activities within the Department of State. Directs the President to take steps to establish a SEED information center to serve as a clearinghouse for information relating to business needs and opportunities in, and voluntary assistance to, Eastern Europe. Requires such center to encourage economically sound proposals to the Funds and other finance sources for the development of private enterprise in Eastern Europe. Provides that such center shall be based in Washington, Warsaw, and Budapest. Title IX: Trade and Assistance Benefits and Investment Treaties - Amends the Trade Act of 1974 to remove Poland from the list of countries ineligible for designations as beneficiary developing countries. Expresses the sense of the Congress that the President should immediately take steps to designate Poland and Hungary as beneficiary countries for purposes of the Generalized System of Preferences provided for in such Act. Requires the Overseas Private Investment Corporation (OPIC) to support projects in Poland and Hungary to enhance the nongovernmental sector and reduce state involvement in the economy. Provides that OPIC's authorities with respect to Poland and Hungary shall remain in effect until September 30, 1992. Makes Poland and Hungary eligible for U.S. Export-Import Bank programs until such date. Expresses the sense of the Congress that upon enactment by the Hungarian Government of an emigration statute fulfilling criteria of the Jackson-Vanik amendment to the Trade Act of 1974, the President should take steps to certify Hungary as eligible for permanent most-favored-nation trade status. Expresses the sense of the Congress that the President should explore the feasibility of negotiating bilateral investment treaties with Poland and Hungary. Title X: Scientific, Educational, and Cultural Exchanges - Authorizes appropriations for FY 1990 and 1991 to implement the 1987 U.S.-Polish science and technology agreement. Expresses the sense of the Congress that the United States should expand its participation in educational and cultural exchanges with Poland and Hungary. Expresses the sense of the Congress that the President should take actions to establish binational Fulbright commissions in Poland and Hungary. Title XI: Medical Assistance - Authorizes additional appropriations for FY 1990 and 1991 to carry out the Foreign Assistance Act of 1961 and to be available only for the provision of medical supplies and hospital equipment to Poland and the training of Polish medical personnel. Title XII: Support for Democratic Institutions - Directs the National Endowment for Democracy to implement a program of seminars on local governmental processes and administration if such seminars are requested by the Polish Government. Authorizes additional appropriations for FY 1990 and 1991 under the Foreign Assistance Act of 1961 for the support of democratic institutions in Poland and Hungary. Title XIII: Peace Corps - Transfers specified FY 1990 DOD funds to the Peace Corps for establishing programs in Hungary and Poland. Title XIV: Food Aid - Sets forth the strategy of the food assistance program. Requires the President to promote a comprehensive multilateral food assistance program for Poland. Allocates specified amounts for such assistance in FY 1989 and 1990. Declares the readiness of the Congress to act promptly on authority and appropriations requests so that the United States may call on the European Community to increase food assistance to Poland on a matching basis. Makes Poland and Hungary eligible for programs under the Agricultural Act of 1949 and the Agricultural Trade Development and Assistance Act of 1954. Makes such eligibility effective until September 30, 1992. Title XV: Multilateral Action - Expresses the sense of the Congress that the President should consult with the European Community, Japan, and other members of the Paris Club to establish a comprehensive, multiyear program for Poland and Hungary to facilitate enduring economic recoveries and to institutionalize political democracy and economic pluralism. Expresses the sense of the Congress that the United States, if Poland initiates steps to dismantle state controls and subsidies and inaugurates a plan of economic stabilization, should advocate action on the following goals in multilateral negotiations with regard to Poland: (1) a Paris Club agreement on a two year deferral of all government-to-government debt repayments; (2) a multilateral currency stabilization loan; (3) an International Monetary Fund loan; and (4) a World Bank loan to assist in the relocation of workers from state firms to the private sector. Title XVI: Program Action and Reporting - Requires the President to report to the Speaker of the House and the President pro tempore of the Senate on SEED activities.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 4 August 1989
Fish and Fish Products Safety Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to deem fish and fish products unsafe for human consumption if they: (1) contain a chemical or microbiological contaminant, parasite, or toxin (CPT) exceeding an established standard or for which no standard has been established; or (2) are harvested in a fish adulteration area. Deems an area to be a fish adulteration area unless there is in effect a State program regulating area shellfish harvesting or if the State has prohibited shellfish harvesting in the area. Directs the Secretary to establish standards for: (1) such CPTs; and (2) sanitation and quality control for processing of fish and fish products. Provides for an official mark, displayed on labels, signifying compliance with the processing standards. Deems a food adulterated if it is deemed unsafe under this Act or if any of it has been processed in violation of the sanitation and quality control standards of this Act. Deems a food misbranded if its label contains an official mark not authorized under this Act. Provides for: (1) a study by the National Academy of Sciences to identify fish CPTs; and (2) regulations to implement this Act. Requires any person who owns or operates a fish processing facility and any fish importer to: (1) register annually with the Secretary of Health and Human Services; and (2) notify the Secretary of any product which the person has stopped processing or importing or has recalled, including the reasons for doing so. Directs the Secretary to conduct announced and unannounced inspections of fish processing facilities. Allows the Secretary to: (1) authorize State agencies to conduct the inspections; and (2) pay up to half of the State cost of the inspections. Directs the Secretary to: (1) issue regulations regarding the inspections, including requirements for a system to trace contaminated fish; (2) conduct monitoring of fish from fish harvest areas and after harvest; and (3) if the fish from a particular harvest area are likely to exceed CPT standards, or contain a CPT for which no standard has been established, to designate the area as a fish adulteration area. Deems an imported fish or fish product misbranded unless its label discloses the country from which it is imported. Provides for civil and criminal penalties for violations of this Act. Directs the Secretary to establish a public awareness program on the handling and preparation of fish and fish products. Authorizes the Secretary to conduct, directly or through grants or contracts, research and demonstrations to assist in implementing this Act. Directs the Secretary, through the Centers for Disease Control, to establish an active surveillance system to provide an estimate of the frequency of human disease in the United States associated with the consumption of fish and fish products.
United States · United States Congress · 4 August 1989
Science Museum Assistance Act - Directs the National Science Foundation (NSF) to establish: (1) a merit based, competitive program of awards to science museums to make their services more available and to foster their involvement in local science and technology education; and (2) a peer review process to select award recipients. Sets forth selection criteria. Requires the program established under this Act to be administered through the Science and Engineering Education activity at the NSF. Authorizes appropriations for FY 1990 and subsequent fiscal years.
United States · United States Congress · 2 August 1989
Steel Fair Trade Review Act - Requires the President to submit to the Congress a report concerning progress achieved, pursuant to the steel trade liberalization program, on an international consensus to remove trade distorting practices in global steel markets. Specifies the issues such report must address.
United States · United States Congress · 2 August 1989
Urges the people of the United States to buy American, and calls upon the President, the State Governors, leaders of civic and consumer organizations, the mass media, and U.S. producers and manufacturers to promote consumer awareness of, and to identify, such American goods and services.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 31 July 1989
Expresses the sense of the Congress that the people of the United States should buy American and calls upon the President, the State Governors, leaders of civic and consumer organizations, the mass media, and U.S. producers and manufacturers to promote consumer awareness of, and to identify, such American goods and services.
United States · United States Congress · 27 July 1989
Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Directs the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Directs the Secretary to: (1) conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessels to deepwater ports versus the transportation of oil to other ports; (2) report to the Congress on the results of such study; and (3) initiate a rulemaking, if determined that the use of deepwater ports in connection with the transportation of oil results in lower operational or environmental risks than the use of other ports, to lower the limits of liability with respect to deepwater ports and to vessels transporting oil to such ports. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; (3) an Indian tribe; or (4) a foreign government. Sets forth recovery and indemnification procedures. Directs the President to study and report to the Congress on techniques of valuing natural resource damages. Makes responsible parties subject to certain civil penalties if an oil discharge results in damages to natural resources that cannot be restored. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund), including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons or vessels using the waters of the exclusive economic zone to transship or lighter oil destined for U.S. ports to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or be detained at such ports. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Prevention and Response - Authorizes the Secretary to direct all containment, cleanup, removal, and response activities with respect to discharges or threats of discharges of oil on certain waters. Requires the Secretary to designate areas for which response plans are required to be prepared and the persons responsible for the preparation and payment of such plans. Directs such persons to submit plans to the Secretary for approval. Authorizes the Secretary to provide technical assistance in the preparation of such plans. Directs the Secretary to: (1) evaluate the status and effectiveness of personnel and equipment for responding to discharges or threatened discharges of oil into certain waters; and (2) report to the Congress on such evaluation. Requires the Secretary to revise the national contingency plan under the Federal Water Pollution Control Act to make oil response personnel subject to training and periodic drills, without prior notice. Directs the Secretary to issue regulations to require: (1) inspections of oil discharge response equipment and certification by the Secretary at least every three years to ensure that such equipment is maintained in working condition; and (2) owners and operators of vessels and facilities to ensure that sufficient personnel and equipment are available, on a collective and regional basis, for responding to discharges in an effective and timely manner. Requires the National Response Center to establish and maintain a comprehensive nationwide computer listing of emergency response resources available and appropriate for use in responding to oil discharges. Directs the President to encourage appropriate international organizations to establish an international inventory of emergency response resources. Requires the Secretary to make a survey of navigable waters to determine the needs for new, expanded, or improved vessel traffic systems. Directs the Secretary, in establishing a priority list for such waters, to consider the nature and frequency of vehicle traffic in an area and the risks of collisions, spills, and damages associated with such traffic which could be reduced by the installation or improvement of a vessel traffic system. Directs the Secretary to submit such list and other appropriate information to the Congress. Authorizes the Secretary to install and operate such equipment and systems as are necessary for making improvements and expansions. Requires the Secretary to: (1) make participation in vessel traffic systems mandatory for such vessels as the Secretary deems appropriate; and (2) collect user fees for the operation of such systems. Directs the Secretary to conduct a study and report to the Congress on whether the Secretary should be given additional authority to direct the movement of vessels upon navigable waters. Requires the Secretary to: (1) conduct a study to determine the areas in which navigation risks are sufficient to require tug escorts of tankers or other navigation aids to improve the safe movement of tankers; and (2) implement the recommendations of such study. Requires the Secretary to study and report to the Congress on appropriate crew sizes for tankers and qualifications of personnel on such tankers. Directs the Administrator of the Environmental Protection Agency to: (1) study and report to the Congress on whether liners should be used as a secondary means of containment at onshore facilities used for the bulk storage of oil and located near navigable waters to prevent leaching of oil into the ground and to aid in leak detection; and (2) implement the recommendations of such report. Directs the Secretary of the Army to study and report to the Congress on the feasibility of modifying dredges for making such dredges usable in responding to oil discharges. Requires the Secretary of Transportation to study and report to the Congress on whether to designate areas of navigable waters and the exclusive economic zone as zones where the movement of tankers should be prohibited or limited. Directs the President to establish an oil pollution research and development program to develop: (1) new or improved methods for oil containment, recovery, cleanup, and disposal; (2) effective models to predict the effects of oil discharges, including long-term effects on fish and wildlife; (3) adequate worker training standards for oil discharge response personnel; and (4) new or improved methods to protect public health and safety and to restore natural resources damaged by such discharges. Requires the President, under such program, to: (1) direct the Secretary to conduct research on changes in vessel design and construction criteria to reduce the likelihood of such discharges; and (2) direct the Secretary and the Administrator to conduct a joint research and development program for improving technology to prevent and minimize the size of such discharges. Directs the President to report annually to the Congress on such activities. Authorizes appropriations for FY 1991 through 1995. Amends Federal law relating to merchant seamen licenses and certificates of registry to prohibit the Secretary of the department in which the Coast Guard is operating from issuing or renewing a license or certificate of registry, and to authorize such Secretary to suspend or revoke a license issued, to an individual who such Secretary determines is a current or chronic abuser of alcohol or who fails to make available to such Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Authorizes such Secretary to conduct investigations to determine if an individual who holds a license or certificate of registry issued by such Secretary is a current or chronic abuser of alcohol if such Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Permits such Secretary to request an individual who holds a license or certificate of registry issued by such Secretary to make available to such Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits such Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Directs the chief mate and next senior crew member on board a vessel, if it is determined that reasonable cause exists to believe that the individual in command is intoxicated and incapable of commanding the vessel, to assume command of the vessel, enter details in the vessel log, and report such details to such Secretary as expeditiously as possible. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of merchant seamen licenses or certificates of registry to request the chief State driver licensing official to transmit to such Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by such Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Requires the Secretary of Transportation to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Miscellaneous Provisions - Makes conforming amendments to: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Federal Water Pollution Control Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act Amendments of 1978.
United States · United States Congress · 27 July 1989
Commends the citizens of the Sioux City, Iowa, tri-State area for their heroism and volunteerism in providing assistance to the passengers and crew of crashed United Airlines Flight 232.
United States · United States Congress · 26 July 1989
Expresses the sense of the Congress that the Exxon Company USA has not fulfilled its obligation to clean up the oil spill caused by its tanker in Prince William Sound in Alaska, and that Exxon should take appropriate steps to ensure a thorough cleanup, including maintaining monitoring crews during the winter, until the oil spill is completely cleaned up.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 21 July 1989
Drug Paraphernalia Act of 1989 - Amends the Anti-Drug Abuse Act of 1986 to prohibit any sale or offer for sale of drug paraphernalia. (Current law prohibits the offer for sale and transportation of drug paraphernalia in interstate or foreign commerce.) Directs the Attorney General to use the authority granted under the Controlled Substance Act to enforce the Anti-Drug Abuse Act of 1986 through the use of task forces consisting of appropriate Federal, State, and local personnel. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 20 July 1989
Marine Resource Protection and Driftnet Use Cessation Act of 1989 - Directs the Secretary of State to seek an international ban on the use of driftnets on the high seas. Directs the Secretary to report to the Congress: (1) describing the steps the Secretary has taken to begin negotiations; (2) detailing the progress of negotiations, if any; (3) listing nations which refused to negotiate and which use driftnet fishing on the high seas; and (4) recommending legislative action to encourage the listed nations to cease using driftnet fishing.
![Official portrait of Rep. Nowak, Henry [D-NY-33]](https://www.congress.gov/img/member/n000163_200.jpg)