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HR 1465 - 101

Oil Pollution Act of 1990

Became Public Law No: 101-380.

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Energy
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Impact 76% Confidence 70%

Oil Pollution Act of 1990 Became Public Law No: 101-380. Environmental Protection

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Summary

20 Reported to House amended, Part III Sep 17, 2006

Oil Pollution Prevention, Removal, 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. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit between $8,000,000 and $75,000,000. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. 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; or (3) a foreign government. Sets forth recovery and indemnification procedures. Directs the Under Secretary of Commerce for Oceans and Atmosphere to promulgate damage assessment regulations. Declares that a person liable for oil discharge damages is also liable to the United States for a civil penalty for any irreparable natural damages. 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 (including those over 300 gross tons) 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 have their oil cargo seized. Subjects offshore facilities to the same financial responsibility requirements. 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 - Amends the Trans-Alaska Pipeline Authorization Act to restrict its liability provisions to oil spills in the State of Alaska occurring from the pipeline. Applies this Act to oil spilled into U.S. navigable waters. Repeals the liability provisions relating to oil discharges from vessels loaded at pipeline terminal facilities. Requires a pro rata rebate to oil owners of any amounts remaining in the Trans-Alaska Pipeline Liability Fund after all claims are paid. Amends the Intervention on the High Seas Act to make the Oil Spill Liability Trust Fund available to the Secretary for certain actions taken under such Act. Amends the Federal Water Pollution Control Act to mandate a four-team strike force under the National Contingency Plan and to make the Oil Spill Liability Trust Fund available to a State affected by an oil discharge. Establishes a maximum civil penalty for each day of noncompliance with the President's administrative order regarding an oil spill (including an assessment three times the removal costs or damages incurred by the Oil Spill Liability Trust Fund for a person's noncompliance with such order). Amends the Deepwater Port Act to make conforming amendments and to transfer any remaining amounts in the Deepwater Port Liability Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund. Amends the Outer Continental Shelf Lands Act to make conforming amendments and to transfer any remaining amounts in the Offshore Oil Spill Compensation Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund. Increases the criminal penalty for failure to report an oil discharge from one year to three years imprisonment. 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. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Prevention and Removal of Oil and Hazardous Substance Discharges - Subtitle A: General - Sets forth definitions. Subtitle B: Prevention - Amends Federal maritime law to prohibit the Secretary of Transportation from issuing either maritime licenses, certificates of registry, or merchant mariner's documents, unless the applicant makes his National Driver Register record available to the Secretary. Requires the Secretary to review each applicant's criminal record. Declares certificates of registry and merchant mariner's documents valid for five-year periods only, renewable for additional five-year periods. Requires the Secretary to review the criminal record of license renewal applicants. Sets forth circumstances under which licenses, certificates of registry, and merchant mariner's documents must be suspended or revoked by the Secretary due to drug or alcohol abuse, or for certain motor vehicle offenses. Sets forth circumstances under which the master or individual in charge of a vessel may be removed by the two most senior vessel members for intoxication due to drug or alcohol abuse. Amends the National Driver Register Act of 1982 to prohibit information regarding an individual's driving record from being transmitted to the Secretary if it was entered more than five years before the request date (unless it relates to suspensions still in effect on the request date). Amends Federal maritime law to set forth circumstances under which foreign vessels must be prohibited from entering the United States if the foreign country which issued the vessel documentation does not enforce vessel standards at least equivalent to U.S. law or customary international law. Amends the Ports and Waterways Safety Act to mandate that appropriate vessels participate in the vessel traffic service systems. Prohibits the Secretary from constructing, improving, or operating a vessel traffic service system unless funds for such activities were obligated prior to enactment of such Act. Amends Federal maritime law to permit a State to: (1) require a tanker whose Federal pilot's license is not endorsed for pilotage in its waters to take a State-licensed pilot; and (2) levy pilot charges on a tanker using a State-licensed pilot. Provides that a vessel member may serve as pilot on undesignated Great Lakes waters if the member is a citizen of either the United States or Canada and holds either a Federal license or an equivalent Canadian license. Increases the civil penalties for violations of the Great Lakes pilotage requirements. Requires the Secretary to report to certain congressional committees the results of a study regarding the adequacy of existing navigation safety laws for vessels transporting oil and hazardous substances on navigable waters and in the exclusive economic zone. Requires the Secretary of the Army to report to the Congress within a specified deadline the results of a feasibility study regarding modifying dredges to make them usable in removing discharges of oil and hazardous substances. Requires the President to report to the Congress the results of a study regarding the use of liners or other secondary containers for oil leak prevention at onshore bulk oil storage facilities. Subtitle C: Removal - Amends the Federal Water Pollution Control Act to: (1) direct the President to ensure an effective and immediate removal of oil or hazardous substance discharges in accordance with the National Contingency Plan; and (2) authorize the President to direct Federal, State, and private sector actions for discharge or discharge threat removal. Directs the President to: (1) designate (and periodically review) areas for which new or improved local contingency plans for oil or hazardous substance discharge responses must be prepared; (2) require vessel and facilities operators to prepare oil transportation contingency plans in accordance with the National Contingency Plan; (3) require periodic inspection of major oil or hazardous substance discharge removal equipment; and (4) conduct periodic removal capability drills which include participation by Federal, State, and local agencies, vessel and facilities operators, and private industry. Amends the Federal Water Pollution Control Act to mandate the establishment of Federal oil and hazardous substances strike teams which include at least seven regional strike teams continuously available to implement the National Contingency Plan. Requires the Secretary of Transportation to ensure that Coast Guard oceangoing and coastal buoy tender replacements are equipped with readily operable oil skimming systems. Mandates that the National Contingency Plan include a national computerized inventory of all public and private oil or hazardous substance discharge removal equipment and resources. Directs the President to establish and report annually to the Congress regarding a comprehensive oil pollution research and development program. Authorizes appropriations. Subtitle D: Penalties - Amends the Federal Water Pollution Control Act to increase the civil penalties for oil or hazardous substance discharge violations to a $5,000,000 maximum. Increases the criminal penalties for maritime operations to conform with the Federal criminal code, including a maximum ten-year imprisonment under the Ports and Waterways Safety Act. Title V: Prince William Sound Oil Spill Removal - Prince William Sound Oil Spill Removal Act of 1989 - Mandates that: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within designated areas of Prince William Sound be escorted by at least one towing vessel; and (2) federally licensed pilots who are licensed by the State of Alaska be used for all tank vessels navigating between the Port of Valdez, Alaska, and a point in Prince William Sound south of Bligh Reef. Directs the Secretary to prepare within four months after the date of enactment of this Act a plan modifying the surveillance coverage for the vessel traffic service system in Prince William Sound. Mandates that: (1) specified oil spill containment and cleanup equipment be prepositioned in certain locations within the Prince William Sound boundaries; (2) oil spill removal personnel be established at specified locations in Prince William Sound to respond immediately to an oil discharge; (3) tankers operating in Prince William Sound have the appropriate materials on board to respond quickly to an oil discharge; (4) oil discharge practice exercises take place bi-annually; and (5) oil discharge equipment be periodically tested and certified by the Secretary. Directs the Under Secretary for Oceans and Atmosphere to expend specified sums for FY 1990 through 1992 to conduct living marine resource damage assessments and to monitor the effects of the Exxon Valdez oil discharge upon living Arctic marine resources. Requires the Secretary of Transportation to report to certain congressional committees regarding certain oil pollution exercises conducted during the operation of the Trans-Alaska Pipeline. Title VI: Miscellaneous - Authorizes the Secretary to waive certain navigation and safety laws (relating to vessel inspection and regulation, load lines, manning, and documentation) if the waiver is needed in a crisis concerning either a discharge or the national defense. Declares that such waiver: (1) is limited for a specified period not exceeding one year; (2) is nonrenewable; and (3) terminates when qualified individuals or vessels are available. Title VII: Research and Development - Establishes the Interagency Coordinating Committee on Oil Pollution Research to coordinate a comprehensive oil pollution research, development, and demonstration program with the public and private sector (including other nations), and to foster joint funding of such research. Directs the Committee to: (1) submit to the Congress within a specified deadline a research implementation plan; and (2) coordinate the establishment of an oil pollution research and development program. Sets forth the research program's objectives, which include: (1) innovative technology for oil discharge prevention and mitigation, as well as environmental protection; (2) an oil pollution technology evaluation; (3) environmental effects of oil discharges; (4) a ten-year comprehensive monitoring and research program to determine long-term environmental effects of oil discharges by specified tankers; and (5) geographic and vessel response simulation models using updated data bases. Authorizes Federal agencies represented on the Interagency Committee to enter into contracts with and make grants to research enterprises. Directs the Interagency Committee to coordinate with other nations and foreign research entities in conducting oil pollution research and demonstration activities. Directs the Interagency Committee Chairman to report its activities annually to the Congress. Earmarks a specified amount out of the Fund for oil pollution research and development. Mandates the establishment of at least three regional centers to: (1) address issues specific to certain geographic regions and climates; and (2) design and implement a research program and strategy for dealing with major oil spills and related environmental damage for each region. Mandates that at least one of the regional centers demonstrate expertise in marine and atmospheric research, as well as multidisciplinary strengths in geology and chemistry, and that it be located in the southernmost Southeastern United States in closest proximity to a living coral reef. Authorizes appropriations for FY 1990 through 1994.

19 Reported to House amended, Part II Sep 17, 2006

Oil Pollution Prevention, Removal, 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. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit between $8,000,000 and $75,000,000. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. 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; or (3) a foreign government. Sets forth recovery and indemnification procedures. Directs the Under Secretary of Commerce for Oceans and Atmosphere to promulgate damage assessment regulations. Declares that a person liable for oil discharge damages is also liable to the United States for a civil penalty for any irreparable natural damages. 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 (including those over 300 gross tons) 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 have their oil cargo seized. Subjects offshore facilities to the same financial responsibility requirements. 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 - Amends the Trans-Alaska Pipeline Authorization Act to restrict its liability provisions to oil spills in the State of Alaska occurring from the pipeline. Applies this Act to oil spilled into U.S. navigable waters. Repeals the liability provisions relating to oil discharges from vessels loaded at pipeline terminal facilities. Requires a pro rata rebate to oil owners of any amounts remaining in the Trans-Alaska Pipeline Liability Fund after all claims are paid. Amends the Intervention on the High Seas Act to make the Oil Spill Liability Trust Fund available to the Secretary for certain actions taken under such Act. Amends the Federal Water Pollution Control Act to mandate a four-team strike force under the National Contingency Plan and to make the Oil Spill Liability Trust Fund available to a State affected by an oil discharge. Establishes a maximum civil penalty for each day of noncompliance with the President's administrative order regarding an oil spill (including an assessment three times the removal costs or damages incurred by the Oil Spill Liability Trust Fund for a person's noncompliance with such order). Amends the Deepwater Port Act to make conforming amendments and to transfer any remaining amounts in the Deepwater Port Liability Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund. Amends the Outer Continental Shelf Lands Act to make conforming amendments and to transfer any remaining amounts in the Offshore Oil Spill Compensation Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund. Increases the criminal penalty for failure to report an oil discharge from one year to three years imprisonment. 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. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Prevention and Removal of Oil and Hazardous Substance Discharges - Subtitle A: General - Sets forth definitions. Subtitle B: Prevention - Amends Federal maritime law to prohibit the Secretary of Transportation from issuing either maritime licenses, certificates of registry, or merchant mariner's documents, unless the applicant makes his National Driver Register record available to the Secretary. Requires the Secretary to review each applicant's criminal record. Declares certificates of registry and merchant mariner's documents valid for five-year periods only, renewable for additional five-year periods. Requires the Secretary to review the criminal record of license renewal applicants. Sets forth circumstances under which licenses, certificates of registry, and merchant mariner's documents must be suspended or revoked by the Secretary due to drug or alcohol abuse, or for certain motor vehicle offenses. Sets forth circumstances under which the master or individual in charge of a vessel may be removed by the two most senior vessel members for intoxication due to drug or alcohol abuse. Amends the National Driver Register Act of 1982 to prohibit information regarding an individual's driving record from being transmitted to the Secretary if it was entered more than five years before the request date (unless it relates to suspensions still in effect on the request date). Amends Federal maritime law to set forth circumstances under which foreign vessels must be prohibited from entering the United States if the foreign country which issued the vessel documentation does not enforce vessel standards at least equivalent to U.S. law or customary international law. Amends the Ports and Waterways Safety Act to mandate that appropriate vessels participate in the vessel traffic service systems. Prohibits the Secretary from constructing, improving, or operating a vessel traffic service system unless funds for such activities were obligated prior to enactment of such Act. Amends Federal maritime law to permit a State to: (1) require a tanker whose Federal pilot's license is not endorsed for pilotage in its waters to take a State-licensed pilot; and (2) levy pilot charges on a tanker using a State-licensed pilot. Provides that a vessel member may serve as pilot on undesignated Great Lakes waters if the member is a citizen of either the United States or Canada and holds either a Federal license or an equivalent Canadian license. Increases the civil penalties for violations of the Great Lakes pilotage requirements. Requires the Secretary to report to certain congressional committees the results of a study regarding the adequacy of existing navigation safety laws for vessels transporting oil and hazardous substances on navigable waters and in the exclusive economic zone. Requires the Secretary of the Army to report to the Congress within a specified deadline the results of a feasibility study regarding modifying dredges to make them usable in removing discharges of oil and hazardous substances. Requires the President to report to the Congress the results of a study regarding the use of liners or other secondary containers for oil leak prevention at onshore bulk oil storage facilities. Subtitle C: Removal - Amends the Federal Water Pollution Control Act to: (1) direct the President to ensure an effective and immediate removal of oil or hazardous substance discharges in accordance with the National Contingency Plan; and (2) authorize the President to direct Federal, State, and private sector actions for discharge or discharge threat removal. Directs the President to: (1) designate (and periodically review) areas for which new or improved local contingency plans for oil or hazardous substance discharge responses must be prepared; (2) require vessel and facilities operators to prepare oil transportation contingency plans in accordance with the National Contingency Plan; (3) require periodic inspection of major oil or hazardous substance discharge removal equipment; and (4) conduct periodic removal capability drills which include participation by Federal, State, and local agencies, vessel and facilities operators, and private industry. Amends the Federal Water Pollution Control Act to mandate the establishment of Federal oil and hazardous substances strike teams which include at least seven regional strike teams continuously available to implement the National Contingency Plan. Requires the Secretary of Transportation to ensure that Coast Guard oceangoing and coastal buoy tender replacements are equipped with readily operable oil skimming systems. Mandates that the National Contingency Plan include a national computerized inventory of all public and private oil or hazardous substance discharge removal equipment and resources. Directs the President to establish and report annually to the Congress regarding a comprehensive oil pollution research and development program. Authorizes appropriations. Subtitle D: Penalties - Amends the Federal Water Pollution Control Act to increase the civil penalties for oil or hazardous substance discharge violations to a $5,000,000 maximum. Increases the criminal penalties for maritime operations to conform with the Federal criminal code, including a maximum ten-year imprisonment under the Ports and Waterways Safety Act. Title V: Prince William Sound Oil Spill Removal - Prince William Sound Oil Spill Removal Act of 1989 - Mandates that: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within designated areas of Prince William Sound be escorted by at least one towing vessel; and (2) federally licensed pilots who are licensed by the State of Alaska be used for all tank vessels navigating between the Port of Valdez, Alaska, and a point in Prince William Sound south of Bligh Reef. Directs the Secretary to prepare within four months after the date of enactment of this Act a plan modifying the surveillance coverage for the vessel traffic service system in Prince William Sound. Mandates that: (1) specified oil spill containment and cleanup equipment be prepositioned in certain locations within the Prince William Sound boundaries; (2) oil spill removal personnel be established at specified locations in Prince William Sound to respond immediately to an oil discharge; (3) tankers operating in Prince William Sound have the appropriate materials on board to respond quickly to an oil discharge; (4) oil discharge practice exercises take place bi-annually; and (5) oil discharge equipment be periodically tested and certified by the Secretary. Directs the Under Secretary for Oceans and Atmosphere to expend specified sums for FY 1990 through 1992 to conduct living marine resource damage assessments and to monitor the effects of the Exxon Valdez oil discharge upon living Arctic marine resources. Requires the Secretary of Transportation to report to certain congressional committees regarding certain oil pollution exercises conducted during the operation of the Trans-Alaska Pipeline. Title VI: Miscellaneous - Authorizes the Secretary to waive certain navigation and safety laws (relating to vessel inspection and regulation, load lines, manning, and documentation) if the waiver is needed in a crisis concerning either a discharge or the national defense. Declares that such waiver: (1) is limited for a specified period not exceeding one year; (2) is nonrenewable; and (3) terminates when qualified individuals or vessels are available.

18 Reported to House amended, Part I Sep 17, 2006

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 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. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit between $8,000,000 and $75,000,000. Requires the Secretary to report to the Congress regarding: (1) liability adjustments; and (2) the results of a study of the operational and environmental risks posed by vessel transportation of oil to deepwater ports as compared to other ports. Directs the Secretary to initiate a rulemaking proceeding to lower liability limits for transportation to deepwater ports if the Secretary determines, based on the study results, that the use of deepwater ports results in a lower operational or environmental risk. 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: (1) issue regulations for the assessment of damages to natural resources arising out of an incident; and (2) report to the Congress the results of a study of methods of valuing natural resource damages. Establishes a maximum civil penalty for irreparable natural damages resulting from an oil discharge which is separate from (and in addition to) any liability for an oil discharge. 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 (including those over 300 gross tons) 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. 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 limitations period for actions for removal costs, damages, or contribution. Title II: Prevention and Response - Declares that the President shall designate either the Secretary of Transportation or the Administrator of the Environmental Protection Agency (the Administrator) to direct all Federal, State and private oil discharge response activities if a discharge (or the substantial threat of one) should occur on waters under Federal jurisdiction. Mandates the formulation of an oil discharge response plan by the appropriate Federal officials within a specified deadline. Requires the appropriate Federal officials to submit a status report to the Congress regarding the effectiveness of the national oil discharge response capability. Requires the appropriate Federal officials to promulgate regulations within specified deadlines requiring: (1) the training of oil response teams; (2) the inspection and certification of oil discharge response equipment; and (3) the owners and operators of vessels and facilities to make oil discharge equipment and personnel available on a regional and collective basis. Requires the National Response Center to establish a comprehensive nationwide computer listing of oil discharge emergency response resources. Directs the President to encourage international organizations to establish an international inventory of emergency response resources. Requires the Secretary to report to the Congress with respect to: (1) a priority system of vessel traffic systems needs; (2) the need for additional authority to direct vessel movements; and (3) risk areas requiring the increased use of navigation aids including tug escorts for tankers. Directs the Secretary to promulgate regulations regarding: (1) the plating thickness of commercial oil vessels; and (2) oil tank levels and pressure monitoring devices. Requires the Secretary to report to the Congress the results of a study regarding: (1) crew size and qualifications of tanker personnel; (2) the use of liners as a secondary container for bulk oil storage at onshore facilities; (3) the need for designated tanker free zones; and (4) whether Federal pilot's licenses should be legally superior to State licenses. Requires the Secretary of the Army to report to the Congress the results of a feasibility study to modify dredges for purposes of an oil discharge contingency. Directs the President to report annually to the Congress regarding a prescribed oil pollution research and development program under which the Secretary of Transportation and the Administrator of the Environmental Protection Agency must conduct a joint technology program for the containment and minimization of oil discharges. Authorizes appropriations for FY 1991 through 1995. Amends Federal maritime law to preclude the Secretary of Transportation from issuing or renewing either licenses, merchant mariner's documents, or certificates of registry to individuals determined to be alcohol abusers, or who have failed to make specified National Driver Register information available. Authorizes the Secretary to suspend or revoke such Federal maritime documentation in cases of alcohol abuse. Sets forth circumstances under which the chief mate and next senior crewmember on board a vessel must temporarily relieve a vessel commander believed to be intoxicated from drug or alcohol abuse. Amends the National Driver Register Act of 1982 to authorize maritime documentation applicants to request that National Register information be made available to the Secretary. 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. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Miscellaneous Provisions - Amends the Trans-Alaska Pipeline Authorization Act to restrict its liability provisions to oil spills in the State of Alaska occurring from the pipeline. Applies this Act to oil spilled into U.S. navigable waters. Repeals the liability provisions relating to oil discharges from vessels loaded at pipeline terminal facilities. Amends the Intervention on the High Seas Act to make the Oil Spill Liability Trust Fund available to the Secretary for certain actions taken under such Act. Amends the Water Pollution Control Act to mandate a four-team strike force under the National Contingency Plan, and to make the Oil Spill Liability Trust Fund available to a State affected by an oil discharge. Establishes a maximum civil penalty for each day of noncompliance with the President's administrative order regarding an oil spill (including an assessment three times the removal costs or damages incurred by the Oil Spill Liability Trust Fund for a person's noncompliance with such order). Increases the criminal penalty for failure to report an oil discharge from one year to three years imprisonment, and increases the civil penalty for owners and operators of vessels or facilities from $5,000 to $25,000 for each day of the offense. Amends the Deepwater Port Act to make conforming amendments and to transfer any remaining amounts in the Deepwater Port Liability Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund. Amends the Outer Continental Shelf Lands Act to make conforming amendments and to transfer any remaining amounts in the Offshore Oil Spill Compensation Fund (and any remaining liabilities) to the Oil Spill Liability Trust Fund.

48 Conference report filed in House May 28, 2002

Oil Pollution Act of 1990 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes the responsible party for a vessel or facility from which oil is discharged (or which poses a substantial threat of discharge) 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; (4) loss of Federal and State tax, royalty, rental, or net profits share revenue; and (5) net costs of increased public services as a result of the discharge. Sets forth defenses to liability. Establishes liability limits for: (1) tankers; (2) other vessels; (3) onshore and offshore facilities; and (4) deepwater port facilities. Divides liability for an offshore mobile drilling unit into two parts: first as a tank vessel with respect to an oil discharge; and second as an offshore facility to the extent that damages and removal costs exceed the responsible party's statutory liability limits. Authorizes the President to establish lower liability limits for onshore facilities. Directs the Secretary of the department in which the Coast Guard is operating to study and report to the Congress on the relative operational and environmental risks of oil transportation by vessel to deepwater ports versus other ports. Requires the Secretary to initiate a rulemaking proceeding to lower liability limits for deepwater ports if the study finds the risks are lower. Directs the President to report periodically to the Congress on the desirability of adjusting liability limits. Requires the periodic adjustment of liability limits to reflect increases in the Consumer Price Index. Makes the responsible party liable for interest on the amount paid to settle a claim, with certain exceptions. Makes the President (or authorized representative of any State, Indian tribe, 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 specified Federal agencies, 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. Sets forth guidelines for recovery by foreign claimants of removal costs and damages. Outlines circumstances under which the responsible party for a vessel or facility from which oil is discharged (or which threatens discharge) may recover removal costs and damages. Authorizes a civil action for contribution. Sets forth guidelines for indemnification agreements affecting responsible parties. Requires the President to consult with designated trustees regarding removal actions. Sets forth the uses for which the Oil Spill Liability Trust Fund (the Fund) may be obligated by Federal and State officials consistent with the National Contingency Plan. Authorizes the President to obligate the Fund for a maximum of $250,000 per discharge or substantial threat of discharge of oil per incident per State. Directs the President to enter into agreements with a State to establish procedures under which a designated State official may receive payments from the Fund for removal costs consistent with the National Contingency Plan. Requires the President to promulgate regulations detailing the manner in which the Fund may be obligated. Sets forth a claims procedure. Provides for designation of a discharge source and advertisement of that fact and the pertinent claims procedure by the responsible party. Grants any person, including the Fund, subrogation rights for payments made for removal costs and damages. Provides that the Attorney General (upon request of the Secretary) shall commence an action against the responsible party to recover any costs paid from the Fund as a result of oil discharge or substantial threat of discharge, including one from a foreign offshore unit. Requires the responsible party for 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. Title II: Conforming Amendments - Amends the Intervention on the High Seas Act, the Federal Water Pollution Control Act, the Deepwater Port Act, and the Outer Continental Shelf Lands Act Amendments of 1978 to reflect the provisions of this Act. Title III: International Oil Pollution Prevention and Removal - Expresses the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liability and compensation scheme that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing compensation for damages resulting from incidents. Directs the Secretary of State to report to the Congress the results of a review of international treaties and agreements with the Government of Canada regarding: (1) oil discharge prevention in the Great Lakes and Lake Champlain; (2) effective oil and removal; and (3) full compensation to those injured by a Great Lakes or Lake Champlain oil discharge. Directs the President to encourage international organizations to establish an international inventory of spill removal equipment and personnel. Urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for certain-size tank vessels in the Strait of Juan de Fuca and in Haro Strait. Title IV: Prevention and Removal - Subtitle A: Prevention - Amends Federal maritime law to prohibit the Secretary of the department in which the Coast Guard is operating from issuing a license, certificate of registry, or merchant mariner's document unless the applicant makes available any information contained in the National Driver Register regarding specified violations. Authorizes the Secretary to review such applicant's criminal record. Directs the Secretary to require testing for the use of a dangerous drug in violation of law or Federal regulation. Provides for five-year renewal terms for licenses, certificates of registry and merchant mariner's documents. Requires the Secretary to: (1) request the holder of such a document to make available all information contained in the National Driver Register regarding certain offenses by him or her; and (2) require the testing for violation of substance abuse laws. Authorizes preemployment, periodic, random, reasonable cause, and post accident testing. Authorizes the Secretary to suspend temporarily a license, certificate, or document (under specified circumstances) for individuals performing safety sensitive functions. Revises the basis for suspension or revocation. Outlines the removal procedure to be used by the most senior licensed officers on a vessel when the individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel. Sets forth procedures for the Secretary to receive the motor vehicle driving record of a holder of maritime documents (or applicant thereof). Restricts the transmittal of information that is more than three years old. Revises the staffing standards for foreign tank vessels to cite circumstances under which the Secretary must prohibit documented vessels from entering the United States until their standards are equivalent to U.S. law (or accepted international maritime law). Amends the Ports and Waterways Safety Act to direct the Secretary to study and report to the Congress on: (1) whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters; and (2) an evaluation of ports and channels in need of new or improved vessel traffic service (VTS) systems. Amends Federal maritime law to provide that a member of the complement of a U.S. vessel operating on register or of a Canadian vessel may serve as pilot on undesignated Great Lakes waters if the member holds a U.S. license or equivalent Canadian license. Increases the penalties for Great Lakes pilotage violations from $500 or $10,000. Directs the Secretary to issue regulations regarding: (1) the plating thickness standards of vessels carrying oil in bulk as cargo or cargo residue; and (2) warning and monitoring devices for oil levels and oil pressure in cargo tanks. Requires the Secretary to study and report to the Congress on tanker navigation safety standards. Directs the Secretary of the Army to study and report to the Congress on the feasibility of modifying dredges for possible use in removing discharges of oil and hazardous substances. Requires the President to study and report to the Congress on the use of liners or other secondary containment means at onshore facilities used for bulk oil storage near navigable waters. Directs the Secretary of the department in which the Coast Guard is operating to initiate a rulemaking proceeding to define conditions under, and designate the waters upon, which tank vessels may operate in navigable waters with auto-pilot light engaged or with an unattended engine room. Restricts the work hours of certain tanker personnel except for emergencies or drills. Sets forth tank vessel construction standards which mandate double hull construction for specified vessels. Requires the Secretary to report to the Congress regarding: (1) the need for other operational and structural tank vessel requirements which might provide greater protection to the marine environment; and (2) the results of a periodic review and assessment of tank vessel construction standards. Amends the Merchant Marine Act of 1936 to cite conditions under which the Secretary may guarantee obligations to help finance the construction or reconstruction of commercial vessels owned by U.S. citizens in coastwise, intercoastal, or foreign trade. Permits the Secretary to establish a Vessel Replacement Guarantee Fund as a subaccount in the Federal Ship Financing Fund to receive all moneys from fees and other payments with respect to such guarantees. Amends Federal maritime law to direct the Secretary to designate waters: (1) in the Prince William Sound area where the pilot must hold both a Federal license and one from the State of Alaska, and may not be a member of the vessel's crew; and (2) where certain tankers must have federally-licensed masters or mates who are separate and distinct from the vessel's pilot. Directs the Secretary to: (1) promulgate regulations defining those areas on which certain single-hulled tankers transporting oil in bulk must be escorted by at least two towing vessels; (2) complete and transmit to the Congress a feasibility study regarding a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions; and (3) issue regulations to ensure that vessels are equipped with radio marine navigation safety warnings and can engage in radio communications on designated frequencies with the Coast Guard. Subtitle B: Removal - Amends the Federal Water Pollution Control Act (FWPCA) to require the President to ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of discharge, of oil or hazardous substances into the Exclusive Economic Zone or onto adjoining shorelines or in any way threatening natural resources under exclusive Federal management authorization. Requires the President to direct all Federal, State, and private actions in the event of an actual or potential discharge which is a substantial threat to the public health or welfare. Exempts from liability, with certain exceptions, any person acting pursuant to the National Contingency Plan or as otherwise directed by the President. Requires the Plan to establish procedures for: (1) removing a worst-case discharge or threat; and (2) coordinating the activities of Coast Guard strike teams and specified others. Requires revision and republication of the Plan by a certain date. Requires the Secretary of the department in which the Coast Guard is operating to establish a National Response Unit at Elizabeth City, North Carolina, to: (1) compile a list of oil spill removal resources, personnel, and equipment worldwide; (2) coordinate use of private and public personnel and equipment in worst case discharges; (3) administer Coast Guard strike teams and provide technical assistance; and (4) review and keep area contingency plans. Requires the same Secretary to establish in each Coast Guard district a Coast Guard District Response Group. Establishes an Area Committee of presidentially-appointed Federal, State, and local agency personnel for each area designated by the President. Requires each Area Committee to submit an Area Contingency Plan for the President's approval. Directs the President to issue regulations requiring an owner or operator of a tank vessel or facility to submit for presidential approval a worst case discharge response plan. Requires him to review promptly and periodically any response plan for an onshore facility which could reasonably be expected, because of location, to cause significant and substantial environmental damage with a discharge. Requires periodic removal drills. Denies any Federal liability for damages arising from actions or omissions relating to a response plan. Directs the President to designate areas for Area Committees within six months after enactment of this Act. Sets deadlines for implementation of related measures. Requires the Secretary of the department in which the Coast Guard is operating to ensure that vessels designed and built to replace buoy tenders are equipped with oil skimming systems that complement the vessels' primary mission of servicing navigation aids. Requires the President to determine the quantities of oil and hazardous substances that may be harmful to the environment as well as to public health or welfare. Permits the issuance of coastwise certificates to not-for-profit oil spill response cooperatives whose foreign ownership is not more than 50 percent. Subtitle C: Penalties and Miscellaneous - Amends FWPCA to increase from $10,000 to $250,000 for an individual and $500,000 for an organization the maximum fine, and/or from one year to three years (or five years in the case of a subsequent conviction) the maximum prison term, for failure to notify the appropriate Federal agency of a discharge. Requires the Federal Government to notify a State which is or is about to be affected by a discharge. Increases administrative and civil penalties, including up to $25,000 per day of violation or $1,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged (higher in the case of gross negligence or willful misconduct). Increases criminal, administrative, and civil penalties for related violations. Establishes a $25,000 per day of violation civil penalty for violation of financial responsibility requirements. Authorizes the Secretary of Transportation to seek a judicial order to compel compliance, including an order terminating operations. Requires deposit into the Oil Spill Liability Trust Fund of any penalties imposed under specified Federal law. Establishes inspection, entry, and recordkeeping requirements for vessels and facilities. Authorizes the Administrator of EPA or Secretary of the department in which the Coast Guard is operating to conduct such inspections. Provides for civil enforcement by the Attorney General of orders to protect the public health, welfare, or environment because of an actual or threatened discharge. Title V: Prince William Sound Provisions - Directs the Secretary to Commerce to establish a Prince William Sound Oil Spill Recovery Institute, to be administered through the Prince William Sound Science and Technology Institute, Cordova, Alaska. Requires the Institute to research the best available techniques for recovering oil spills. Establishes an Advisory Board to determine Institute policies. Requires the Advisory Board to set up a Scientific and Technical Committee. Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990 - Establishes two Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs in Alaska, one for Prince William Sound and one for Cook Inlet. Prohibits such Programs from suing anyone. Establishes an Oil Terminal Facilities and Oil Tanker Operations Association for each Program which shall review operation and maintenance policies of the oil terminal facilities and oil tankers in their respective vicinities. Permits the Secretary of Transportation to name an existing nonprofit organization as an Association. Establishes a Regional Citizens' Advisory Council for each Program to advise the appropriate Association on policies, permits, and site-specific regulations and to monitor environmental impacts of terminal and tanker operations. Authorizes each Council to conduct its own scientific research and to review any research required on behalf of operators. Requires each Council to establish a standing: (1) Terminal and Oil Tanker Operations and Environmental Monitoring Committee to manage comprehensive monitoring programs; and (2) technical Oil Spill Committee to assess preventive and clean-up measures. Requires Federal agencies to consult with the appropriate Council before taking action on all permits, site-specific regulations, and related matters. Requires terminal and tanker owners and operators to fund the Program up to certain amounts. Makes approval of owner and operator contingency plans effective only so long as such funding is provided. Requires each Association and Council to report to the President and the Congress on its activities within 36 months of enactment of this Act. Requires the General Accounting Office to report to the President and the Congress on the handling of funds and the effectiveness of demonstration programs under the two Programs. Directs the Secretary of Transportation to install and ensure operation of an automated navigation light on or next to Bligh Reef, Prince William Sound, Alaska, capable of giving long-range warning of the reef's location. Directs the Secretary to: (1) operate such additional equipment, train such personnel, and issue such regulations as are necessary to increase the range of the Vessel Traffic Service (VTS) system in the Port of Valdez to track the locations and movements of oil tankers transiting Prince William Sound and to sound an alarm when such tankers depart from designated routes; and (2) report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the feasibility and desirability of instituting positive control by the Coast Guard on movements of such tankers with the use of the VTS system, telecommunications, and satellite-linked transmitters. Requires the response plan of any vessel operating in Prince William Sound, and any facility permitted under the Trans-Alaska Pipeline Authorization Act, to provide for: (1) pre-positioned oil spill containment and removal equipment within the Prince William Sound boundaries; (2) establishment of an oil spill removal organization at appropriate locations in the Sound; (3) training of local residents in oil removal techniques; (4) semi-annual practice exercises; and (5) periodic testing and certification of equipment. Provides for funding of specified activities under this title. Bars from Prince William Sound any tank vessels that have spilled over 1,000,000 gallons of oil into the marine environment after March 22, 1989. Title VI: Miscellaneous - Provides for funding of this Act. Outer Banks Protection Act - Prohibits oil and gas leasing, exploration, and development on any lands of the Outer Continental Shelf offshore North Carolina until the later of: (1) October 1, 1991; or (2) 45 days of continuous session of Congress after the Secretary of the Interior certifies that he or she has sufficient information to carry out responsibilities for the area. Requires the Secretary to undertake ecological, socioeconomic, oceanological, and other environmental studies with respect to oil and gas leasing in the area. Establishes an Environmental Sciences Review Panel to advise the Secretary on the adequacy of available information. Terminates the Panel after a report to the Secretary. Authorizes appropriations for the Outer Banks Protection Act. Amends the Outer Continental Shelf Lands Act to direct the Secretary to prevent the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary. Exempts from such requirement the West Delta Field offshore of Louisiana. Authorizes appropriations to compensate the State of Louisiana and its lessees for net drainage of oil and gas resources as determined in a certain 1989 factfinding study. Title VII: Oil Pollution Research and Development Program - Establishes an Interagency Coordinating Committee on Oil Pollution Research to coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation with private, State, and foreign entities. Requires the Committee to submit to Congress an oil pollution research and technology plan. Directs the Committee Chairman, through the Department of Transportation, to contract with the National Academy of Sciences for Advice on such plan. Requires the Committee to coordinate the establishment, by the agencies represented on it, of an oil pollution research and development program into innovative technologies, technology evaluation, oil pollution effects, and the use of geographic and vessel response simulation models. Requires such agencies to ensure the long-term use of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center, New Jersey, for oil pollution technology testing. Requires the Committee to coordinate a program of competitive grants to universities and research institutions for oil pollution research. Provides funding for such grants. Directs the Coast Guard to conduct three port oil pollution minimization demonstration projects with the Port Authority of New York and New Jersey, the Ports of Los Angeles and Long Beach, California, and the Port of New Orleans, Louisiana. Requires the Interagency Committee to coordinate its research with that of other nations and foreign research entities. Requires the Committee Chairman to submit biennial reports to the Congress. Provides funding for this title for FY 1991 through 1995. Title VIII: Trans-Alaska Pipeline System - Trans-Alaska Pipeline System Reform Act of 1990 - Subtitle A: Improvements to Trans-Alaska Pipeline System - Amends the Trans-Alaska Pipeline Authorization Act to exempt the Trans-Alaska Pipeline System (TAPS) from the liability regime established by the Oil Pollution Act of 1990 for similar facilities. Makes the holder of the pipeline right-of-way strictly liable for all removal costs and strictly liable for up to $350,000,000 for damages in connection with activities in the vicinity of the right-of-way. Limits the defense to strict liability to a finding that damages were caused solely by government negligence. Requires the trustees of the Trans-Alaska Pipeline Liability Fund (TAPS Fund) to reserve in the Fund: (1) amounts necessary to pay claims against it; and (2) administrative expenses reasonably necessary and incidental to claims payments. Requires the trustees to dispose of the balance in the TAPS Fund after reservation by: (1) rebating a pro-rata share to Alaska for its contributions as an oil owner; and (2) transferring the remainder to the Oil Spill Liability Trust Fund. Includes among damages the net loss of tax or other State and municipal revenues, as well as the net cost of increased public services during or after removal activities. Requires the TAPS Fund to pay claims if a vessel owner or operator has not done so within 90 days after filing. Subrogates the Fund to all recovery rights of the claimant paid. Relieves present and former trustees of the Fund from any liability other than for gross negligence or willful misconduct. Establishes a Presidential Task Force on the Trans-Alaska Pipeline System to audit TAPS and make recommendations to the President, the Congress, and the Governor of Alaska. Provides for public comment on the Task Force's draft report. Requires a final report, followed by a report by the President to the Congress and the Governor on measures that will be taken to implement Task Force recommendations. Earmarks funds for the Task Force. Subtitle B: Penalties - Amends the Outer Continenal Shelf Lands Act to increase from $10,000 to $20,000 per day the administrative penalties for violation of the Act. Requires the Secretary of the Interior to adjust such amount for inflation at least once every three years. Amends the Trans-Alaska Pipeline Authorization Act to require the Secretary to impose a civil penalty of at least $1,000 per barrel of oil spilled in transit to or through TAPS, including handling at the terminal facilities. Prohibits such a penalty, however, if Federal penalties have already been imposed under the Federal Water Pollution Control Act. Subtitle C: Provisions Applicable to Alaska Natives - Amends the Alaska National Interest Lands Conservation Act to deem Alaska Native corporations, solely for purposes of bringing claims arising from the discharge of oil, to have full title to land validly selected under the Act as of March 23, 1989. Requires the Secretary of the Interior to study and report to the Congress on the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. Calls upon the Secretary of State to negotiate with the Foreign Minister of Canada about a treaty addressing such issues. Title IX: Amendments to Oil Spill Liability Trust Fund, Etc. - Amends the Internal Revenue Code with respect to the Oil Spill Liability Trust Fund. Increases the Fund's borrowing limit from $500,000,000 to $1,000,000,000 in the aggregate. Limits the use of the Fund to expenditures enumerated in this Act. Raises the per-incident expenditure limits from $500,000,000 to $1,000,000,000, and the per-incident limit on natural resource damages payments from $250,000,000 to $500,000,000. Requires deposit in the Fund of any excess natural resources damages, certain penalties, and specified amounts transferred from the TAPS Fund. Restricts authority to obligate the Fund to Federal officials in all cases. Subjects the standard for evaluating State removal costs to the National Contingency Plan. Repeals authority to transfer amounts into the Fund from the Trans-Alaska Pipeline Liability Fund only to the extent that administrators of the latter determine that the amounts are not needed to satisfy claims against the latter. Allows application on an affiliated group basis of the credit against the environmental tax on oil for the portion attributable to the oil spill rate.

35 Passed Senate amended May 28, 2002

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. Limits the amount which may be paid from the Fund for a single incident to $1,000,000,000. 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. Title II: Oil Pollution Prevention and Response - Amends the Federal Water Pollution Control Act to require (current law authorizes) the President to arrange for the removal of discharged oil or hazardous substances unless determined that such removal will be done properly and promptly by a State or the owner or operator of the vessel or facility responsible for the discharge. Authorizes the President to order an owner or operator to begin and continue removal actions until determined such actions are no longer necessary. Requires the President (current law authorizes the United States), in the event of a maritime disaster discharge, to act through an emergency strike force to coordinate and direct all efforts to eliminate the threat posed by such discharge and to ensure compliance with contingency plans. Makes technical amendments to provisions concerning such discharges and requirements of the National Contingency Plan. Authorizes the reimbursement from the Fund of persons required to participate in removal efforts. Directs the President to establish and maintain an oil spill response team for each region in need of a team and for inland waters to ensure the prompt removal of oil from a worst case discharge. Makes Fund moneys available to maintain such teams. Requires owners and operators of certain oil facilities and tankers to submit to the President contingency plans for the prevention, containment, and cleanup of oil spills and for the protection of fisheries and wildlife from such spills. Outlines plan requirements and approval procedures. Directs the President to provide for regular inspection of vessels, equipment, and facilities to ensure compliance with such plans. Permits the delegation of the President's approval authority to States. Makes it unlawful to operate a vessel or facility not in compliance with an approved plan. Directs the President to publish an annual notice of availability of descriptions of such plans and an inventory of equipment available for oil spill responses. Requires biannual practice drills under such plans. Directs the President to: (1) review and report on such drills; and (2) require additional drills and changes in implementation of approved plans, as necessary. Prescribes civil penalties for failure to comply with such plans. Requires the President to establish a research and development program on scientific and operational aspects of spill prevention, response, containment, and recovery which gives priority to on-water oil recovery and treatment and prevention of loss from and away from vessels. Limits Fund moneys for such program to $25,000,000 annually. Makes technical amendments to provisions concerning inspection and entry of vessels or facilities from which there is a threat of discharge. Authorizes the Administrator of the Environmental Protection Agency to enter any premises where oil or pollutants are stored to determine the need for, or to effectuate, response actions or to obtain samples of oil or pollutants. Makes conforming amendments to subject violators of this title to criminal and administrative penalties. Revises civil penalty provisions to require the greater of up to $25,000 per day for discharge violations or up to $1,000 per barrel of oil or hazardous substance. Repeals a provision which prohibits assessment of penalties under more than one provision for the same discharge. Revises provisions concerning penalties for knowing discharges of oil or hazardous substances to subject violators to fines in accordance with the Federal criminal code (currently, fines up to $10,000) or to imprisonment of up to three years (currently, one), or both. Provides for the deposit of certain penalties into the Fund. 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. Directs the Administrator to report biennially to the Congress on the adequacy of the National Contingency Plan and any regulations concerning discharges of oil. Requires the President to prescribe regulations for the assessment and collection of user fees from owners or operators of tankers or facilities for review and approval of contingency plans, inspection of equipment and personnel, and practice drills. Title III: Oil Tanker Navigation Safety - Subtitle A: Provisions Applicable Nationally - Directs the Secretary of the Department in which the Coast Guard is operating to require oil tankers operating in pilotage waters subject to U.S. jurisdiction (except when pilotage is provided by a qualified pilot who is also licensed by a State) to have: (1) one deck officer and one lookout on the navigation bridge in addition to the mate and helmsman on watch to assist in navigation, communication, and lookout responsibilities; (2) at least two individuals on board that hold First Class Pilot licenses with endorsements for the waters being transited; and (3) at least one of the personnel required to be on the navigation bridge to record the position of the tanker at least once every six minutes and to make available a nautical chart of such position to the Secretary. Defines "pilotage waters" as waters in which tankers are required to be controlled by First Class Pilots. Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the adequacy of current regulations in minimizing the risk of oil spills and to determine which additional U.S. waters should be considered as pilotage waters. Amends the National Driver Register Act of 1982 to authorize applicants for new and renewed merchant seamen licenses and certificates of registry to serve on or operate a commercial vessel to request the chief State driver licensing official to transmit to the Commandant of the Coast Guard information regarding such applicants' motor vehicle driving records. Prescribes the use of such information by the Commandant. 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. Amends Federal law concerning merchant seaman licenses to authorize the suspension or revocation of such a license if the holder: (1) has been convicted of a serious criminal offense or of certain offenses under the National Driver Register Act of 1982; (2) has had a license to operate a motor vehicle denied, revoked, or suspended; or (3) fails in any way to meet Federal standards for issuance. Directs the Commandant of the Coast Guard to require applicants for new and renewed merchant mariner's licenses to request the chief State driver licensing official to transmit to the Commandant information regarding such individuals' driving records. Directs the Secretary to require the periodic, random, and reasonable cause testing for use of alcohol by individuals who perform safety sensitive functions on affected oil tankers. Requires the Secretary to determine whether to require that the Coast Guard be informed whenever an individual who has applied for or received a license to perform such safety functions is undergoing treatment in an alcohol rehabilitation program. Directs the Secretary to temporarily suspend such individual's license if there is probable cause that the individual: (1) has served in such capacity while impaired or under the influence of alcohol; (2) has had a motor vehicle license denied, revoked, or suspended within the previous five years; or (3) has been convicted within the previous five years of certain offenses under the National Driver Register Act of 1982. Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on U.S. ports in need of new or improved Vessel Traffic Systems (VTS) systems, to be ranked in order of the priority of need. Authorizes the Secretary to establish a system for the collection of payments by users of VTS systems. Directs the Secretary to determine whether to require that electronic means of vessel position-reporting and identification be carried on board affected oil tankers. Directs the Secretary to: (1) require affected oil tankers to be equipped with double hulls and bottoms, unless the Secretary determines that such requirements will not enhance navigation safety; and (2) report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on whether limitations on the size or cargo capacity of oil tankers should be imposed to minimize navigation risks or oil spills. Authorizes the Secretary to require other structural or navigational features that are determined to enhance navigation safety. Establishes a National Council on Oil Spill Technology Research and Development. Requires the Council to submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries: (1) a bibliography of all existing foreign and domestic research on oil spill containment and cleanup; (2) a report describing the containment and cleanup research and development activities of Federal, State, and local governments, foreign governments and corporations, the academic research community, and industry; and (3) recommendations concerning additional Federal action with respect to such activities. Terminates the Commission after the submission of such report. Authorizes the Secretary to deny the right to enter, exit, or transit U.S. waters to any affected oil tanker operated in violation of this title. Prescribes civil and criminal penalties for violations of this title. Requires the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the need to impose user fees to offset the costs of implementing this title. Subtitle B: Provisions Applicable With Respect to States or Regions - Directs the Secretary to require all affected tankers entering and departing the Port of Valdez, Alaska, to embark and disembark a qualified pilot who is also licensed by the State of Alaska at locations that will ensure that pilotage of such tankers in waters adjacent to Bligh Reef is provided by such pilots. Requires the Secretary to install and ensure operation of an automated navigation light on or adjacent to Bligh Reef to provide effective long-range warning of the reef's location. Directs the Secretary to: (1) operate such additional equipment, train such personnel, and issue such regulations as are necessary to increase the range of the VTS system in the Port of Valdez to track the locations and movements of oil tankers transiting Prince William Sound and to sound an alarm when such tankers depart from designated routes; and (2) report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries on the feasibility and desirability of instituting positive control by the Coast Guard on movements of such tankers with the use of the VTS system, telecommunications, and satellite-linked transmitters. Requires the Secretary of Commerce to establish a Prince William Sound Oil Spill Recovery Institute to be administered by the Secretary through the Prince William Sound Science and Technology Institute and located in Cordova, Alaska. Directs the Institute to conduct research and carry out educational and demonstration projects to: (1) identify and develop the best available techniques and equipment for dealing with oil spills in the arctic and sub-arctic marine environment; and (2) complement Federal and State damage assessment efforts and document and assess the long-term effects of the Exxon Valdez oil spill on Prince William Sound's natural resources, environment, economy, and lifestyle and well-being of the people dependent on such resources. Directs the Secretary of the Department in which the Coast Guard is operating to issue such regulations as are necessary to ensure that vessels transiting the Mississippi River have the capability to: (1) receive marine navigation safety warnings; and (2) engage in radio communications on designated frequencies with the Coast Guard, other vessels on the Mississippi River, and such stations as may be specified by the Secretary. Allocates funds for the projects in Alaska and for the Prince William Sound Oil Spill Recovery Institute. Title IV: 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. Makes claims against the Trans-Alaska Pipeline Liability Fund that arise from discharges prior to this Act's enactment enforceable against the Oil Spill Compensation Fund. 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). Title V: Oversight and Monitoring - Oil Terminal Environmental Oversight and Monitoring Act of 1989 - Establishes Oil Terminal Environmental Oversight and Monitoring Demonstration Programs at the Alyeska terminal facilities at Valdez and the Kenai Peninsula in Cook Inlet. Establishes an Oil Terminal Facilities Operations Association for each Program to: (1) establish policies relating to the operation and maintenance of oil terminal facilities which may affect the environment; and (2) provide a forum between the industrial users, owners and operators, the United States, and the State of Alaska for the discussion and resolution of permits, plans, and site-specific regulations governing terminal facilities. Establishes: (1) an Oil Terminal Environmental Advisory Council for each Program to advise and make policy recommendations to the Association; (2) a Monitoring Committee to manage a comprehensive monitoring program of the environmental impacts of such facilities' operations; and (3) a Technical Committee to assess the planning for responding to, containing, and cleaning up oil spills. Limits annual funding for such Programs to $3,000,000. Requires: (1) each Council and Association to report to the President and the Congress on its activities; and (2) the General Accounting Office to report to the President and the Congress on the effectiveness of demonstration programs carried out pursuant to this title. Title VI: General Provisions - Amends the Outer Continental Shelf Lands Act to increase the amount of civil penalties which may be assessed for violations of such Act. Requires the Secretary of the Interior to adjust such penalties at least every three years to reflect increases in the Consumer Price Index. Authorizes civil penalties to be assessed without regard to the expiration of a period allowed for corrective action if such violations constitute serious, irreparable harm to life, the environment, or mineral deposits. Directs the Secretary to prevent the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary. Exempts from such requirement the West Delta Field offshore of Louisiana. Authorizes appropriations to compensate the State of Louisiana and its lessees for net drainage of oil and gas resources as determined in a certain 1989 factfinding study. Directs the Secretary of State to: (1) review international agreements with Canada to determine whether amendments are necessary to such agreements to resolve questions of recovery of damages in the event of an oil spill in the Great Lakes and to ensure the adequacy of measures to prevent and remedy such spills; and (2) report to the Congress on the results of such review. Calls upon the Secretary of State and the Canadian Foreign Minister to begin negotiations on a treaty dealing with recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean or a tanker accident during the shipment of oil by sea. Directs the Secretary to report to the Congress no later than January 1, 1990, on efforts to negotiate such treaty.

00 Introduced in House May 28, 2002

Oil Pollution 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. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes 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. 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; or (3) a foreign government. Sets forth recovery and indemnification procedures. 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 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 have their oil cargo seized. 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 - Sets forth conforming amendments to certain related statutes. 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. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.

Sponsors

Timeline

Aug 18, 1990

Signed by President.

Aug 18, 1990

Signed by President.

Aug 18, 1990

Became Public Law No: 101-380.

Aug 18, 1990

Became Public Law No: 101-380.

Aug 9, 1990

Measure Signed in Senate.

Aug 9, 1990

Presented to President.

Aug 9, 1990

Presented to President.

Aug 4, 1990

Rule H. Res. 452 passed House.

Aug 4, 1990

Mr. Jones (NC) brought up conference report H.Rept. 101-653 for consideration under the provisions of H. Res. 452.

Aug 4, 1990

DEBATE - Pursuant to H. Res. 452, the House proceeded with one hour of debate on the conference report.

Aug 4, 1990

The previous question was ordered without objection.

Aug 4, 1990

Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 360 - 0 (Roll No. 320).

Aug 4, 1990

On agreeing to the conference report Agreed to by recorded vote: 360 - 0 (Roll No. 320).

Aug 4, 1990

Motions to reconsider laid on the table Agreed to without objection.

Aug 3, 1990

Message on Senate action sent to the House.

Aug 2, 1990

Conference report considered in Senate. By Unanimous Consent.

Aug 2, 1990

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 99-0. Record Vote No: 206.

Aug 2, 1990

Senate agreed to conference report by Yea-Nay Vote. 99-0. Record Vote No: 206.

Aug 2, 1990

Rules Committee Resolution H. Res. 452 Reported to House. Rule provides for consideration of the conference report to H.R. 1465. Upon the adoption of this resolution, it shall be in order to consider the conference report, and all points of order against the conference report and against its consideration are waived. The conference report will be considered as read when called up for consideration.

Aug 1, 1990

Conference report filed: Conference report H. Rept. 101-653 filed.

Aug 1, 1990

Conference report H. Rept. 101-653 filed.

Aug 1, 1990

Conference papers: Senate report and managers' statement held at the desk in Senate.

Jul 13, 1990

Message on Senate action sent to the House.

Jul 12, 1990

Conference committee actions: Conference held.

Jul 12, 1990

Conference held.

Jul 11, 1990

Senate appointed conferees Bentsen; Baucus; Packwood by unanimous consent from the Committee on Finance.

Jun 28, 1990

Conference committee actions: Conference held.

Jun 28, 1990

Conference held.

Apr 26, 1990

The chair appointed additional conferees - from the Committee on Ways and Means for consideration of title VII and sections 1001(10), 1006(f), 1006(g)(4), 4302, 8102(f) of the House bill and so much of section 8202 of the House bill as would add a new section 210(C)(5) to the Trans-Alaska Pipeline Authorization Act, and sections 103(b), 103(c), 356, 401(b), and 512 of the Senate amendment, and modifications committed to conference: Rostenkowski, Gibbons, Pickle, Rangel, Stark, Archer, Vander Jagt, and Crane.

Feb 7, 1990

Mr. Jones (NC) asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.

Feb 7, 1990

On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.

Feb 7, 1990

Mr. Gallo moved that the House instruct conferees.

Feb 7, 1990

DEBATE - The House proceeded with one hour of debate on the Gallo motion to instruct House conferees to insist upon inclusion in the conference report of a requirement for equipping new and existing tank vessels with double bottoms or double hulls.

Feb 7, 1990

The previous question was ordered without objection.

Feb 7, 1990

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 376 - 37 (Roll no. 14).

Feb 7, 1990

Motion to reconsider laid on the table Agreed to without objection.

Feb 7, 1990

The chair appointed conferees - from the Committee on Merchant Marine and Fisheries for consideration of the House bill (except title VIII), and the Senate amendment (except secs. 601 and 602), and modifications committed to conference: Jones (NC), Studds, Tauzin, Carper, Hughes, Davis, Young (AK), and Lent.

Feb 7, 1990

The chair appointed conferees provided Mr. Shumway is appointed in place of Mr. Young of Alaska for consideration of title I and section 2004 of the House bill, and title I and sec. 405 of the Senate amendment.

Feb 7, 1990

The chair appointed conferees - from the Committee on Public Works and Transportation for consideration of the House bill (except title VIII), and the Senate amendment (except secs. 601 and 602), and modifications committed to conference: Anderson, Roe, Mineta, Oberstar, Nowak, Hammerschmidt, Shuster, and Stangeland.

Feb 7, 1990

The chair appointed conferees provided Mr. Kolter is appointed in place of Mr. Anderson for consideration of sec. 4114 of the House bill; Mr. Rahall is appointed in place of Mr. Roe for consideration of title VII of the House bill, and secs. 205, 309, 354 and 356 of the Senate amendment; Mr. Laughlin is appointed in place of Mr. Roe for consideration of secs. 1002 and 1004 of the House bill, and corresponding portions of sec. 102 of the Senate amendment; Mr. Borski is appointed in place of Mr. Roe for consideration of secs. 4101 through 4205 of the House bill, and corresponding portions of the Senate amendment.

Feb 7, 1990

The chair appointed conferees provided Mr. Upton is appointed in place of Mr. Shuster for consideration of sec. 4203 of the House bill and sec. 203 of the Senate amendment.

Feb 7, 1990

The chair appointed conferees - from the Committee on Foreign Affairs for consideration of title III of the House bill, and secs. 603 and 604 of the Senate amendment, and modifications committed to conference: Fascell, Yatron, Owens (UT), Lantos, Feighan, Broomfield, Bereuter, and Miller (WA).

Feb 7, 1990

The chair appointed conferees - from the Committee on Science, Space, and Technology for consideration of title VII of the House bill, and secs. 205, 309, 354 and 506 of the Senate amendment, and modifications committed to conference: Roe, Scheuer, Brown (CA), Lloyd, Walgren, Walker, Schneider, and Morrison (WA).

Feb 7, 1990

The chair appointed conferees - from the Committee on Interior and Insular Affairs for consideration of title I and sec. 2004 of the House bill, and title I and sec. 405 of the Senate amendment, and modifications committed to conference: Udall, Miller (CA), Sharp, Young (AK), and Craig.

Feb 7, 1990

The chair appointed conferees - from the Committee on Interior and Insular Affairs for consideration of title VIII of the House bill, and secs. 601 and 602 of the Senate amendment, and modifications committed to conference: Udall, Miller (CA), Sharp, Vento, DeFazio, Young (AK), Marlenee, and Craig.

Feb 7, 1990

The chair appointed conferees - from the Committee on Energy and Commerce for consideration of secs. 8103, 8201 and 8202 of the House bill, and sec. 601 of the Senate amendment, and modifications committed to conference: Dingell, Hall (TX), and Lent.

Feb 7, 1990

The chair appointed conferees - from the Committee on Merchant Marine and Fisheries for consideration of title VIII of the House bill, and secs. 601 and 602 of the Senate amendment, and modifications committed to conference: Jones (NC), Tauzin, Carper, Davis, and Fields.

Feb 7, 1990

The chair appointed conferees - from the Committee on Public Works and Transportation for consideration of title VIII of the House bill, and secs. 601 and 602 of the Senate amendment, and modifications committed to conference: Anderson, Mineta, Nowak, Hammerschmidt, and Stangeland.

Feb 7, 1990

By unanimous consent, the Speaker reserved the authority to make additional appointments of conferees and to specify particular portions of the House bill and Senate amendment as the subjects of the various appointments.

Nov 21, 1989

Message on Senate action sent to the House.

Nov 21, 1989

Senate appointed conferees. Burdick; Moynihan; Mitchell; Baucus; Lautenberg; Breaux; Chafee; Durenberger; Warner; Jeffords; Humphrey from the Committee on Environment and Public Works.

Nov 21, 1989

Senate appointed conferees. Hollings; Inouye; Kerry; Breaux; Danforth; Packwood; Stevens from the Committee on Commerce, Science, and Transportation.

Nov 19, 1989

Measure laid before Senate by unanimous consent.

Nov 19, 1989

Senate struck all after the Enacting Clause and substituted the language of S. 686 amended.

Nov 19, 1989

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Nov 19, 1989

Passed Senate with an amendment by Voice Vote.

Nov 19, 1989

Senate insisted on its amendments, requested a conference.

Nov 14, 1989

Received in the Senate, read twice.

Nov 9, 1989

Committee of the Whole House on the state of the Union rises leaving H.R. 1465 as unfinished business.

Nov 9, 1989

Considered as unfinished business.

Nov 9, 1989

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Nov 9, 1989

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1465.

Nov 9, 1989

The previous question was ordered pursuant to the rule.

Nov 9, 1989

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

Nov 9, 1989

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 375 - 5 (Roll no. 345).

Nov 9, 1989

On passage Passed by the Yeas and Nays: 375 - 5 (Roll no. 345).

Nov 9, 1989

Motion to reconsider laid on the table Agreed to without objection.

Nov 9, 1989

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1465.

Nov 8, 1989

DEBATE - Pursuant to the provisions of H. Res. 277, the Committee of the Whole proceeded with one hour of debate on the Miller of California amendments en bloc.

Nov 8, 1989

Considered as unfinished business.

Nov 8, 1989

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Nov 8, 1989

DEBATE - Mr. Davis asked unanimous consent that debate on the Miller of California amendment and all amendments thereto continue until no later than 6 p.m. Agreed to without objection.

Nov 8, 1989

Committee of the Whole House on the state of the Union rises leaving H.R. 1465 as unfinished business.

Nov 2, 1989

Considered under the provisions of rule H. Res. 277.

Nov 2, 1989

Rule provides for consideration of H.R. 1465 with 2 hours and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments now printed in the bill, it shall be in order to consider an amendment in the nature of a substitute consisting of the text of the bill H.R. 3394, as modified by the amendments printed in section 1 of the report of the Committee on Rules accompanying this resolution, as an original bill for the purpose of amendment under the five-minute rule. Measure will be read by title. Bill is open to amendments. It shall be in order to consider en bloc the amendments printed in section 2 of the report of the Committee on Rules, if offered by Mr. Studds or Mr. Miller of California and said amendments en bloc will be debatable for not to exceed one hour, and will not be subject t...

Nov 2, 1989

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 277 and Rule XXIII.

Nov 2, 1989

The Speaker designated the Honorable Donald J. Pease to act as Chairman of the Committee.

Nov 2, 1989

GENERAL DEBATE - Pursuant to the provisions of H.Res. 277, the Committee of the Whole proceeded with two and one-half hours of general debate.

Nov 2, 1989

Committee of the Whole House on the state of the Union rises leaving H.R. 1465 as unfinished business.

Nov 1, 1989

Rule H. Res. 277 passed House.

Oct 31, 1989

Rules Committee Resolution H. Res. 277 Reported to House. Rule provides for consideration of H.R. 1465 with 2 hours and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments now printed in the bill, it shall be in order to consider an amendment in the nature of a substitute consisting of the text of the bill H.R. 3394, as modified by the amendments printed in section 1 of the report of the Committee on Rules accompanying this resolution, as an original bill for the purpose of amendment under the five-minute rule. Measure will be read by title. Bill is open to amendments. It shall be in order to consider en bloc the amendments printed in section 2 of the report of the Committee on Rules, if offered by Mr. Studds or Mr. Miller of California and said amendments en bloc will be debatable for not to exceed one hour, and will not be subject t...

Oct 4, 1989

Supplemental report filed by the Committee on Merchant Marine and Fisheries, H. Rept. 101-242, Part V.

Oct 4, 1989

Supplemental report filed by the Committee on Merchant Marine and Fisheries, H. Rept. 101-242, Part V.

Oct 3, 1989

Supplemental report filed by the Committee on Public Works + Transportation, H. Rept. 101-242, Part IV.

Oct 3, 1989

Supplemental report filed by the Committee on Public Works + Transportation, H. Rept. 101-242, Part IV.

Sep 20, 1989

Reported (Amended) by the Committee on Science, Space and Technology. H. Rept. 101-242, Part III.

Sep 20, 1989

Reported (Amended) by the Committee on Science, Space and Technology. H. Rept. 101-242, Part III.

Sep 20, 1989

Placed on the Union Calendar, Calendar No. 158.

Sep 19, 1989

House Committee on Science, Space and Technology Granted an extension for further consideration ending not later than Sept. 20, 1989.

Sep 19, 1989

Committee on Foreign Affairs discharged.

Sep 19, 1989

Committee on Foreign Affairs discharged.

Sep 19, 1989

Committee on Interior and Insular Affairs discharged.

Sep 19, 1989

Committee on Interior and Insular Affairs discharged.

Sep 18, 1989

Referred to the Subcommittee on Water, Power and Offshore Energy Resources.

Sep 18, 1989

Reported (Amended) by the Committee on Public Works + Transportation. H. Rept. 101-242, Part I.

Sep 18, 1989

Reported (Amended) by the Committee on Public Works + Transportation. H. Rept. 101-242, Part I.

Sep 18, 1989

Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 101-242, Part II.

Sep 18, 1989

Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 101-242, Part II.

Sep 18, 1989

Referred jointly and sequentially to the House Committee on Foreign Affairs for a period ending not later than Sept. 19, 1989 for consideration of such provisions of the bill and of the amendments recommended by the Committees on Merchant Marine and Fisheries and Public Works and Transportation as fall within the jurisdiction of that Committee pursuant to clause 1(i) of Rule X.

Sep 18, 1989

Referred jointly and sequentially to the House Committee on Interior and Insular Affairs for a period ending not later than Sept. 19, 1989 for consideration of such provisions of the bill and of the amendments recommended by the Committees on Merchant Marine and Fisheries and Public Works and Transportation as fall within the jurisdiction of that Committee pursuant to clause 1(l) of Rule X.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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