Oil Pollution Liability and Compensation Act of 1989

Summary

Oil Pollution Liability and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes vessel owners or operators of onshore or offshore facilities liable for removal costs and for economic or natural resource damages, including: (1) injury or loss of real or personal property or natural resources; (2) loss of use (including subsistence use) of natural resources; (3) loss or impairment of income, profits, or earning capacity; and (4) loss of Federal and State tax, royalty, rental, or net profits share revenue for up to one year. Establishes liability limits for: (1) owners and operators of tankers; (2) other vessel owners; (3) lessees and permittees of Outer Continental Shelf facilities; (4) deepwater port facility owners; and (5) other facility owners. Excludes interest (including prejudgment interest) from such limits. Authorizes the President to establish lower liability limits for other onshore or offshore facilities. Requires the periodic adjustment of liability limits to reflect increases in the Consumer Price Index. Makes the President (or the authorized representative of any State or foreign government) the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources. Requires the President, acting through the Administrator of the National Oceanic and Atmospheric Administration, to promulgate regulations within two years of enactment of this Act for the assessment of damages for injury to natural resources resulting from an oil discharge. Requires that such regulations be reviewed and revised (if necessary) every two years. Makes the owner or operator of a vessel liable under: (1) this Act; (2) maritime tort law; and (3) the Clean Water Act. Directs the President to use the money in the Oil Spill Compensation Fund for specified removal costs and damages. Requires the President to publish regulations regarding implementation of the authority to obligate the Fund or enter into agreements. Authorizes States to obligate the Fund for a maximum of $250,000 per discharge or substantial threat of discharge of oil and to enter into agreements with the President for additional Fund monies. Provides that the Attorney General (upon request of the President) shall commence an action against the responsible foreign government or other responsible party to recover any costs paid from the Fund as a result of oil discharge or substantial threat of discharge from a foreign offshore unit. Requires the owner or operator of certain-size vessels and offshore facilities to establish financial responsibility sufficient to meet the maximum amount of liability to which such persons could be subjected under this Act. Provides for judicial review of regulations and actions under this Act. Grants State courts jurisdiction to hear cases under this Act, as well as under State law. Permits the States to impose additional liability or requirements regarding oil discharges within their borders. Retains the rights of the States to maintain a fund for oil pollution compensation. Authorizes States to enforce the financial responsibility requirements of this Act. Requires the President to consult with affected States regarding removal actions. Requires the President to report to the Congress within one year after enactment of this Act regarding a study on improved methods for oil discharge prevention in restricted waters. Amends the Federal Water Pollution Control Act to direct (current law authorizes) the President to remove oil at any time unless the President finds that such removal will be done properly and promptly by the owner or operator of the vessel or facility. Title II: Conforming Amendments - Makes conforming amendments to the following Acts: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Clean Water Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act. Amends the Trans-Alaska Pipeline Authorization Act to abolish the Trans-Alaska Pipeline Liability Fund. Replaces the Trans-Alaska Pipeline Liability Fund and the Deepwater Port Liability Fund with the Oil Spill Compensation Fund of this Act. Repeals the oil spill liability provisions of the Outer Continental Shelf Lands Act Amendments of 1978 (thereby replacing the Offshore Oil Pollution Compensation Fund under that Act with the Oil Spill Compensation Fund established in this Act). Amends the Clean Water Act to: (1) require persons in charge of a vessel or onshore facility who have knowledge of an oil discharge to immediately notify the affected State; and (2) increase from one year to three years the prison term for failure to report such discharge.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 4 April 1989

   Introduced

   Read twice and referred to the Committee on Environment and Public Works.

   Source: IntroReferral

2. 4 April 1989

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 21 July 1989

   Committee

   Subcommittee on Environmental Protection. Hearings held. Hearings printed: S.Hrg. 101-272.

   Source: Committee

4. 27 July 1989

   Reported

   Committee on Environment and Public Works. Ordered to be reported with amendments favorably.

   Source: Committee

5. 28 July 1989

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 181.

   Source: Calendars

6. 28 July 1989

   Reported

   Committee on Environment and Public Works. Reported to Senate by Senator Burdick under the authority of the order of Jul 27, 89 with amendments. With written report No. 101-94. Additional views filed.

   Source: Committee

7. 28 July 1989

   Reported

   Committee on Environment and Public Works. Reported to Senate by Senator Burdick under the authority of the order of Jul 27, 89 with amendments. With written report No. 101-94. Additional views filed.

   Source: Committee

8. 3 August 1989

   Floor

   Measure laid before Senate by unanimous consent.

   Source: Floor

9. 4 August 1989

   Floor

   Considered by Senate.

   Source: Floor

10. 4 August 1989

    Vote

    Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 99-0. Record Vote No: 168.

    Source: Floor

11. 6 September 1989

    Floor

    Received in the House.

    Source: Floor

12. 6 September 1989

    Floor

    Message on Senate action sent to the House.

    Source: Floor

13. 6 September 1989

    Floor

    Held at the desk.

    Source: Floor

14. 9 November 1989

    Floor

    Returned to the Senate pursuant to the provisions of H.Res.287.

    Source: Floor

15. 13 November 1989

    Floor

    Pursuant to the provisions of H. Res. 287, papers are returned to the Senate.

    Source: Floor

16. 19 November 1989

    Floor

    Senate incorporated this measure in H.R. 1465 as an amendment.

    Source: Floor

Votes

Versions

• Engrossed in Senate · undated · Official file
• Introduced in Senate · undated · Official file
• Reported to Senate · undated · Official file

Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Engrossed in Senate (text)

  Engrossed in Senate · EN

  ViewDownloadOpen at official source

• Passed Senate amended

  summary · EN · 4 August 1989

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 28 July 1989

  Open at official source

• Introduced in Senate

  summary · EN · 4 April 1989

  Open at official source

Sponsors

• Sen. Mitchell, George J. [D-ME] · D · Sponsor
• Rep. Baucus, Max [D-MT-1] · D · Sponsor
• Sen. Lautenberg, Frank R. [D-NJ] · D · Sponsor
• Sen. Biden, Joseph R., Jr. [D-DE] · D · Cosponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Cosponsor
• Rep. Adams, Brock [D-WA-7] · D · Cosponsor
• Sen. Levin, Carl [D-MI] · D · Cosponsor
• Sen. Fowler, Wyche, Jr. [D-GA] · D · Cosponsor
• Sen. Cranston, Alan [D-CA] · D · Cosponsor
• Rep. Cohen, William S. [R-ME-2] · R · Cosponsor
• Sen. Rockefeller, John D., IV [D-WV] · D · Cosponsor
• Sen. Graham, Bob [D-FL] · D · Cosponsor
• Sen. Pell, Claiborne [D-RI] · D · Cosponsor
• Sen. Moynihan, Daniel Patrick [D-NY] · D · Cosponsor
• Sen. Warner, John [R-VA] · R · Cosponsor
• Rep. Jeffords, James M. [R-VT-At Large] · R · Cosponsor
• · ssev00 · Standing

Related records

• related to → Oil Pollution Act of 1990
• related to → Returning to the Senate the bill S. 686.
• related to → Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989