United States · United States Congress · 12 October 1989
National Flood and Erosion Insurance and Mitigation Act of 1989 - Amends the Flood Disaster Protection Act of 1973 to allow each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions to promulgate regulations to direct that any premiums and fees for flood insurance under the Act on any property for which a loan has been made for acquisition or construction purposes shall be paid to the mortgage lender for the duration of the loan. Requires the lender to deposit the premiums in an escrow account on behalf of the borrower. States that upon receipt of notice that insurance premiums are due, the balance of the escrow account remaining shall be paid to the provider of the insurance. Directs each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions to promulgate regulations to impose a civil penalty on any such institution that fails to require the purchase of flood insurance for a property for which insurance is required under regulations issued pursuant to such Act. Directs that any penalties collected shall be paid into the U.S. Treasury and credited as miscellaneous receipts. Amends the National Flood Insurance Act of 1968 (the Act) to require additional written notification of special flood hazards during the term of any applicable loan upon each notice of policy renewal or not less than once out of every three years remaining on the date of the loan transaction, whichever occurs more often. Requires the affected institutions to retain a record of the receipt of such notices by the recipients. Specifies notification contents. Provides a penalty for a violation of such requirement. Requires the Director of the Federal Emergency Management Agency, if any property covered by a contract for flood insurance under such Act is designated a repetitive-loss property by the Director or at the request of any owner of any property that has previously filed a claim for losses under a contract for flood insurance under such Act, to evaluate the need for, and feasibility of, modifications to the property to greatly reduce or eliminate the potential for repeat claims regarding such property. Requires the Director to report the findings of such evaluation to the owner of the property before payment of any claim (if one is pending) or within six months after the commencement of the evaluation, whichever occurs earlier. Provides that such report shall include recommendations for modifications to the property, which may include elevating, flood proofing, and removing or relocating any structure from the property. Requires the Director to give preference to removing and or relocating structures if specific conditions are met. Authorizes the Director to make grants to States that conduct such evaluations through agreements with the Director to carry out the evaluations. Requires the Director to establish in the U.S. Treasury a revolving fund to be known as the National Flood Mitigation Fund. Provides that such fund shall be credited with: (1) five percent of any premiums paid to the National Flood Insurance Fund under such Act; (2) any repayments of loans made from the National Flood Mitigation Fund pursuant to the Act; and (3) any funds that were appropriated to carry out provisions of the National Flood Insurance Act of 1968 that are unexpended on the date of the enactment of this Act. Authorizes the Director to invest any excess amounts in interest-bearing obligations issued or guaranteed by the United States. Requires the Director to establish a program to make loans available from any amounts in the National Flood Mitigation Fund to owners of property for which flood mitigation recommendations have been made for the purpose of carrying out the recommended modifications. Requires the Director to establish a program to negotiate with, and make assistance available to, any State or area that meets certain requirements of such Act from any amounts in the National Flood Mitigation Fund for the purchase of any real property on which is located a heavily damaged structure. Sets forth criteria for such assistance. Requires the Director to establish a similar program with respect to the purchase of property in areas of critical hazard. Prohibits the Director from providing assistance to a community for the purchase of property in critical hazard areas unless such community has developed comprehensive plans to provide for flood hazard, erosion, and post-storm response. Requires that any property purchased with assistance under this Act be devoted to open space, recreational, or public access uses. Requires the Director to provide that any owner of any structure that receives assistance under this Act for removal or relocation of the structure may not rebuild or relocate such structure in any area of critical hazard, area of erosion, or wetlands area. Requires the Director to make flood insurance available in only those States or areas which have established erosion setbacks within 18 months of the enactment of this Act that prohibit construction or relocation of: (1) any structure consisting of one to four dwelling units at a point seaward of the 50-year erosion setback; and (2) any other structure at a point seaward of the 75-year erosion setback. Requires premium rates for structures located in areas identified by the Director as areas of erosion to be stated so as to reflect the risks associated with erosion and sea-level rise. Requires the Director, once during each five-year period (the first such period beginning on the date of the enactment of this Act) or more often as the Director determines necessary because of storms, high erosion rates, increased watershed development, or other extraordinary situations, to assess the need to revise and update all flood-plain areas and flood risk zones identified, delineated, or established under the Act. Directs the Director to revise and update any flood-plain areas and flood-risk zones upon: (1) the determination of the Director, according to such assessment, that revision and updating are necessary for the areas and zones; or (2) the request from any State or local government stating that specific flood-plain areas and flood-risk zones in the State or locality need revision or updating (if sufficient technical, engineering, or other justification is provided to justify the request). Makes the National Flood Insurance Fund available for revising and updating under flood plain-areas and flood-risk zones.
United States · United States Congress · 11 October 1989
Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring any voting securities of a major air carrier or person who controls a major air carrier, if such acquisition constitutes 15 percent or more of the voting securities, unless such person complies with specified requirements under the Act and the Secretary of Transportation has not disapproved the acquisition. Requires the Secretary to disapprove an acquisition if he or she finds that: (1) it is likely to weaken the acquired person financially; (2) the intent of the acquired person is to make a major reduction of the air carrier; (3) the acquisition would result in a non-U.S. citizen having control over the air carrier; or (4) the acquiring person is not providing the documentary material and information required by the Secretary to make a decision regarding such acquisition.
United States · United States Congress · 11 October 1989
Amends the Endangered Species Act of 1973 to ban the importation into the United States of shrimp or shrimp products originating from nations which: (1) do not require the use of turtle excluder devices by their shrimp fishing vessels; (2) allow the taking of sea turtle eggs on their beaches; or (3) engage in other activities which adversely affect the ability of the sea turtle to survive or reproduce. Requires the Secretary of Commerce to publish and periodically update a list of nations which engage in such activities. Prescribes civil and criminal penalties for violations of this Act.
United States · United States Congress · 6 October 1989
Food Contamination Prevention Act - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations: (1) prohibiting the transportation in commerce of hazardous, medical, recyclable, and terminal waste in any refrigerated or other vehicle designed for transporting perishable food or in any vehicle that is also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items; (2) establishing health and safety standards for the transportation in commerce of recyclable and reusable waste in vehicles that are also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items; (3) requiring any vehicle used to transport solid waste to be labeled in a manner that identifies the vehicle as a dedicated or nondedicated waste vehicle and that identifies the class of waste transported by such vehicle; (4) requiring each solid waste management facility to institute a program to ensure that all nondedicated waste vehicles that are used to transport solid waste are kept free from contaminants through the use of reasonably available current technology; and (5) establishing criteria for three classes of nonhazardous solid waste (reusable, recyclable, and terminal as defined in this Act). Prescribes criminal penalties for violation of such regulations.
United States · United States Congress · 6 October 1989
Requires the Secretary of Transportation to revise Federal motor vehicle safety standards with respect to light trucks and multi-purpose passenger vehicles under the National Traffic and Motor Vehicle Safety Act of 1966. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary to promulgate regulations to require manufacturers of motor vehicles to affix a label disclosing a bumper impact speed which meets specified damage criteria. Directs the Secretary to revise a certain bumper standard to conform with an earlier standard. Requires the Secretary to establish a program requiring all passenger automobiles used by the Federal Government to be equipped with driver-side and front seat passenger side airbags by September 30, 1990, and September 30, 1993, respectively.
United States · United States Congress · 5 October 1989
National Historic Preservation Policy Act of 1989 - Amends the National Historic Preservation Act to revise its findings and policy statement. Title I: Federal Historic Preservation Programs - Amends the National Historic Preservation Act with respect to: (1) Federal Government-wide historic preservation responsibilities; (2) Federal agency preservation compliance requirements; (3) avoidable destruction or disruption of historic properties by a Federal undertaking; (4) payment of preservation costs; (5) confidentiality of certain information about historic resources; (6) Federal leasing of historic property; (7) the international historic preservation responsibilities of Federal agencies; (8) expansion and maintenance of the National Register of Historic Places; and (9) archaeological resources of critical importance. Makes conforming amendments to the Historic Sites Act. Amends the Archaeological Resources Protection Act of 1979 to: (1) revise procedures for granting permits for archaeology on Federal and Indian lands; (2) prohibit certain unauthorized archaeological activities and transactions involving such lands; (3) establish criminal penalties for violations of such prohibitions; (4) require the Advisory Council on Historic Preservation to establish national priorities for archaeological research; (5) direct the Advisory Council to call for and organize U.S. participation in an international conference on the international antiquities trade; (6) require the Advisory Council to establish professional qualifications and performance standards for archaeologists under contracts with the United States or beneficiaries of Federal assistance; (7) require each State historic preservation program to have a plan dealing with archaeology on private land; (8) direct each Federal agency and every federally-assisted State, local, and tribal historic preservation program to adopt Advisory Council policies and procedures regarding human remains and associated grave goods that may be disturbed by land development, natural causes, archaeological excavations, and so forth; (9) direct the Advisory Council to establish a program for the registration of artifacts removed from archaeological sites domestic and foreign; and (10) require the Advisory Council to establish an Archaeology Advisory Board. Title II: State Historic Preservation Programs - Amends the National Historic Preservation Act to revise requirements for State historic preservation programs. Title III: Tribal Historic Preservation Programs - Amends the National Historic Preservation Act to establish requirements for tribal historic preservation programs. Title IV: Local Historic Preservation Programs - Amends the National Historic Preservation Act to revise requirements for local historic preservation programs. Title V: Education and Training - Amends the National Historic Preservation Act to revise requirements for a comprehensive preservation education and training program. Title VI: Advisory Committees and National Preservation Center - Establishes the: (1) Preservation Advisory Committee; and (2) Archeology Advisory Board. Establishes a National Center for Preservation Technology in the Historic Preservation Agency. Transfers functions of the Cultural Property Advisory Committee of the U.S. Information Agency to the Preservation Agency.
United States · United States Congress · 5 October 1989
Amends title XVIII (Medicare) of the Social Security Act to permit the Secretary of Health and Human Services to reimburse fiscal intermediaries and carriers for administrative costs on other than a reasonable charge basis.
United States · United States Congress · 4 October 1989
Global Environmental Standards Reporting Act - Directs the Environmental Protection Agency to report annually to the Congress on: (1) environmental laws in major trading countries, including members of the Organization for Economic Cooperation and Development, Brazil, Mexico, South Korea, and Taiwan; (2) progress in compliance with such laws in such countries and the United States; and (3) governmental financial assistance, including tax incentives, grants, and low interest loans to industry to achieve compliance with such laws.
United States · United States Congress · 3 October 1989
Provides for a payment to each veteran of World War II. Specifies that the amount of any payment made under this Act shall be equal to the total amount appropriated to carry out this Act divided by the number of veterans eligible to receive such payment.
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 · 3 October 1989
Expresses the sense of the Congress that in determining the allocation of foreign assistance the Department of State should: (1) weigh heavily the persecution, torture, and execution of innocent Somalis by the armed forces of Siad Barre; and (2) insist upon significant improvements in human rights as a precondition to the resumption of foreign assistance to Somalia.
United States · United States Congress · 2 October 1989
Pecan Promotion and Research Act of 1989 - Establishes a Pecan Marketing Board to carry out a coordinated program of research and promotion to strengthen the pecan industry's domestic and foreign market position. Funds such program through: (1) assessment on all pecans produced in, or imported into and marketed in the United States; and (2) deductions from grower payments for sales to a first handler. Authorizes an additional special State assessment. Provides for a program referendum among growers, importers, and grower-shellers. Authorizes appropriations.
United States · United States Congress · 2 October 1989
Safe Transportation of Food Act - Prohibits any person from: (1) using a refrigerated motor vehicle in the transportation of solid waste; or (2) using a cargo tank that has been used in the transport of hazardous materials for the transportation of food. Authorizes the Secretary of Transportation to waive such prohibition if such waiver is not contrary to the public interest. Requires the Secretary to study measures that will provide for the safe transportation of food and hazardous materials. Directs the Secretary to submit to the Congress a report containing results of such study. Sets forth both civil and criminal penalties. Empowers the Attorney General, at the Secretary's request, to bring action in U.S. district court for equitable relief to redress any violation of this Act or any regulations issued under it.
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 · 27 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of the State of Washington to the United States over the past century.
United States · United States Congress · 26 September 1989
Requires the Secretary of Veterans Affairs, in any case in which there has been either a disallowance of a veterans benefits claim or a partially awarded claim, to provide to the claimant a written statement setting forth notice of procedural rights of the claimant and the rationale for the disallowance. Requires that such statement: (1) be provided at each procedural stage relating to the disposition of a claim; (2) include a summary of the evidence supporting the disallowance or the partial award; (3) be in such forms as the Secretary prescribes by regulation; (4) include a description of each subsequent procedural stage before the Department of Veterans Affairs; (5) include a description of all rights of the claimant expressly provided for in the veterans' benefits code, the claimant's right to a hearing, to reconsideration, to appeal, and to representation, and any specific procedures necessary to obtain the various forms of review available for consideration of the claim; and (6) include such other information as the Secretary determines would be useful and practical to assist the claimant in obtaining full consideration of the claim. Adds parallel requirements with respect to the Chairman of the Board of Veterans' Appeals.
United States · United States Congress · 26 September 1989
Crime Awareness and Campus Security Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to require, under specified student aid program participation agreements, each institution of higher education to certify that it: (1) has established a campus security policy; and (2) will submit an annual uniform crime report to the Federal Bureau of Investigation, as prescribed by the Attorney General. Requires each eligible institution of higher education participating in any program under student assistance (title IV) provisions of the Act, to prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment, upon request, an annual report containing specified types of information with respect to its campus security policies and campus crime statistics. Requires each such institution to make interim reports on specified types of crimes reported to campus security or local law enforcement authorities, and to distribute such reports to students and employees in a timely manner. Directs the Secretary of Education periodically to survey campus security policies, procedures, and practices and disseminate information on those that have been effective in reducing campus crime.
United States · United States Congress · 26 September 1989
Declares that it is the sense of the Congress that: (1) the NASA/jet propulsion laboratory team is to be commended for its achievement in the Voyager program; and (2) the United States should remain preeminent in planetary exploration and will continue to support science missions to maintain that leadership.
United States · United States Congress · 21 September 1989
Requires the Director of the Office of Personnel Management to report to the Congress on a plan to subject General Schedule employees to a locality pay system by October 1, 1990, to ensure that employees working in high-cost areas are compensated at basic pay rates commensurate with the costs of living in such areas. Requires such report to include: (1) the number of employees likely to receive locality pay and the implementation costs during the first three years of such plan; (2) any benefits resulting from such plan; (3) a description of which aspects of the plan may be implemented under existing law; and (4) proposals for any legal action which may be necessary.
United States · United States Congress · 20 September 1989
Pension Reform Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to pension integration, participation, and vesting requirements. Sets forth a special rule for coverage of collectively bargained plans. Provides for studies relating to cost-of-living adjustments and pension portability. Provides for the continued availability of remedies relating to rights of spouses to accrued benefits under pension plans under divorce case domestic relations orders entered before 1985.
United States · United States Congress · 20 September 1989
Directs the Administrator of the Agency for International Development to establish a program of scholarship assistance for students from Poland and Hungary to study in the United States. Authorizes the Administrator to make grants to States to help provide such scholarship assistance for undergraduate and training programs in study areas related to the critical developmental needs of such students' respective countries. Provides for private sector participation in such program. Provides for forgiveness of such scholarship assistance if the student recipient promptly returns to his or her respective country for a certain period. Requires that funding for such program be derived from funds available to carry out specified provisions of the Foreign Assistance Act of 1961 relating to the economic support fund.
United States · United States Congress · 19 September 1989
Commercial Airline Engine Safety Monitoring Systems Act of 1989 - Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the installation of engine condition monitoring systems on commercial aircraft. Requires such regulations to establish minimum standards for such systems. Specifies performance data such monitoring systems must record for each engine.
United States · United States Congress · 19 September 1989
Requires the Director of the United States Information Agency to make available to the Archivist of the United States a copy of the film entitled A Tribute to Mickey Leland . Archivist to deposit the film in the National Archives and to make copies of it available for domestic purchase and viewing upon the securing of, and payment for, U.S. rights and licenses by the person seeking its release.
United States · United States Congress · 19 September 1989
Amends the Federal Water Pollution Control Act (FWPCA) to require the President to develop a Fish and Wildlife Response Plan. Specifies that such Plan shall include: (1) establishment of procedures, assignment of duties and responsibilities among Federal departments and agencies, and identification of resources to ensure rapid and effective response in protecting, rescuing, and monitoring fish and wildlife threatened or injured by oil or hazardous substance discharges; (2) identification and prioritization of habitats critical to the survival of fish and wildlife which are at substantial risk of damage from such a discharge; (3) establishment of procedures to provide and train personnel to protect, rescue, and rehabilitate fish and wildlife in case of such a discharge; (4) establishment of procedures to procure and maintain facilities, equipment, and supplies for the protection and rescue of threatened or injured fish and wildlife; and (5) establishment of procedures to maintain a communications network among Federal, State, and local governmental agencies and private entities engaged in activities under the Plan. Requires the President: (1) to revise the National Contingency Plan under the FWPCA and (2) to report to the Congress annually concerning the activities of Federal agencies responsible for implementing the Fish and Wildlife Response Plan.
United States · United States Congress · 18 September 1989
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to cover an annual screening mammography for women over age 64.
United States · United States Congress · 18 September 1989
Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests, and to establish standards which assure their safety and accuracy.
United States · United States Congress · 18 September 1989
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to permit hospitals to use Medicare and Medicaid payments as collateral for a loan.
United States · United States Congress · 18 September 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 18 September 1989
Expresses the sense of the Congress that States should require health insurance providers to cover screening mammographies by January 1, 1991, in accordance with screening frequency guidelines established by the National Cancer Institute and equipment quality standards established by the Secretary of Health and Human Services.
United States · United States Congress · 14 September 1989
Includes service of at least one year but less than two years in the Cadet Nurse Corps during World War II as creditable service for purposes of civil service retirement. (Current law provides for individuals with two or more years of service.) Requires affected individuals to: (1) file an appropriate written application with the Office of Personnel Management within 14 months of enactment of this Act; and (2) make required deposits to the Civil Service Retirement and Disability Fund with respect to service in the Corps.
United States · United States Congress · 13 September 1989
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require that Medicare coverage denial notices provided to nonparticipating physicians and their patients include an explanation of such denial.
United States · United States Congress · 13 September 1989
Lebanese Temporary Protected Status Act of 1989 - Amends the Immigration and Nationality Act to grant temporary (two year) protected status to certain Lebanese nationals residing in the United States (thus prohibiting their deportation during such period). Authorizes such aliens to work in the United States. Requires the Attorney General to report annually to the appropriate congressional committees with regard to such program.
United States · United States Congress · 12 September 1989
Authorizes to be appropriated for FY 1990, in addition to sums already authorized, a certain amount to the National Cancer Institute for breast cancer research other than research which involves treatment or clinical trials.
United States · United States Congress · 12 September 1989
Amends Federal transportation law to authorize a person to assert that it would be an unreasonable practice for a motor common carrier or a nonhousehold goods freight forwarder to seek to collect tariff rates or charges in addition to those originally billed and collected, or to impose rules, classifications, or practices permitting such a collection. Declares that the Interstate Commerce Commission shall determine whether or not such a collection or imposition is an unreasonable practice violating Federal law. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment of this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications, or under circumstances where application of the filed tariff would be an unreasonable practice.
United States · United States Congress · 12 September 1989
Amends the Higher Education Act of 1965 to provide reduced rates of interest under the Guaranteed Student Loan (Stafford Loan) program to individuals who enter the teaching profession.
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 · 11 September 1989
Amends the Immigration and Nationality Act to waive numerical admissions limitations with regard to certain family preference immigrants from Lebanon who have not been firmly resettled in a foreign country.
United States · United States Congress · 7 September 1989
National Commission to Aid Homeless Mentally Ill Individuals Act - Establishes the National Commission to Aid Homeless Mentally Ill Individuals to: (1) develop a national policy for using existing knowledge, resources, and experience to improve the treatment and care for homeless mentally ill individuals; (2) develop strategies for generating new knowledge about methods of providing services for such individuals; (3) identify information that is known, and new information that is needed, relating to homeless individuals with severe mental disorders; and (4) study other matters relating to homeless mentally ill individuals. Provides for the powers of the Commission and sets forth reporting requirements. Terminates the Commission 90 days after submission of its final report.
United States · United States Congress · 6 September 1989
Drug Paraphernalia Control Act of 1989 - Establishes criminal penalties for the possession, sale, delivery, manufacture, or advertisement of drug paraphernalia. Defines "drug paraphernalia" and sets forth guidelines for determining whether an object falls within such definition. Provides for enhanced penalties for delivery of drug paraphernalia to a minor. Includes drug paraphernalia within the civil forfeiture provisions of the Controlled Substances Act. Directs the Administrator of the Drug Enforcement Administration (DEA) to establish within the DEA a task force to monitor enforcement of this Act.
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
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Food for Democracy Act of 1989 - Amends the American Aid to Poland Act of 1989 by authorizing the Secretary of Agriculture to donate to Poland surplus agricultural commodities held by the Commodity Credit Corporation, subject to specified conditions.
![Official portrait of Rep. Roe, Robert A. [D-NJ-8]](https://www.congress.gov/img/member/r000383_200.jpg)