amended, the Senate companion measure. Staff from the House Committee on Science, Space, and Technology and the Senate Committees on Labor and Human Resources and Commerce, Science, and Transportation met to draft a compromise amendment to resolve the House/Senate differences in H.R. 4418. On September 26, 1988, under suspension of the Rules, the House considered H. Res. 547 which had the effect upon adoption of taking H.R. 4418 from the Speaker's table and concurring in the Senate amendment with the compromise amendment. On September 27, 1988, the House agreed to H. Res. 547 by a roll call vote (No. 352) of 402-2. On October 14, 1988, the Senate concurred in the amendment of the House to the Senate amendment, clearing the measure for the President. H.R. 4418 was signed by the President on October 31, 1988, becoming Public Law 100-570. Committee Publication Numbers 100-115; H. Rept. 100-649. 1.14-PUBLIC LAW 100-591, AVIATION SAFETY RESEARCH ACT OF 1988 (H.R. 4686) To amend the Federal Aviation Act of 1958 relating to aviation research. Summary and Background of Legislation The purpoe of H.R. 4686 is to amend the Federal Aviation Act of 1958 to add additional topics (structures, fire safety, human factors, computer simulation) to those on which the Federal Aviation Administration (FAA) performs research. In addition, the bill (1) requires that FAA prepare annually an Aviation Research Plan, and a report on accomplishments under the previous plan, (2) establishes the Civil Aeromedical Institute within FAA to conduct medical research, (3) establishes an FAA Research Advisory Committee, and (4) amends FAA's existing appropriations authorization for Research, Engineering and Development, and Demonstration, for fiscal years 1989 and 1990 by providing a portion of each amount within the authorization for long-term projects, and increasing the authorization for human factors research. Concerns which led to the bill were expressed at the Transportation, Aviation and Materials Subcommittee FAA oversight hearings on research and development, May 3 and 4, 1988. These included: A formal, long range research program should be developed by FAA, reviewed extensively internally and externally by the aviation community, including industry and universities, and presented to Congress. Few FAA Regulations dealing directly or indirectly with human performance are based on scientific evidence. Human performance concerns regarding cockpit automation, pilot selection and training, and airline management are not addressed adequately. FAA needs a greater capability for simulation, so that impacts on the ATC system of many kinds of options-ATC procedures changes, additional runways or airports, or a new aircraft-can be modeled before implementation. Legislative History H.R. 4686 was introduced by Mr. Lewis on May 25, 1988, and was referred to the Committee on Science, Space, and Technology, where it was referred to the Subcommittee on Transportation, Aviation and Materials. The Subcommittee on Transportation, Aviation and Materials held a hearing on June 16, 1988, on legislation dealing with aviation safety research, including H.R. 4686. At the hearing, FAA Administrator McArtor's written testimony gave general support for the "thrust of the legislation", but indicated that the authorization language was unnecessary. The testimony also noted that FAA is already doing most of the research identified in the bill. However, on questioning, FAA witnesses did not provide specific information on' project funding, staffing, or duration that would have demonstrated the scope and direction of research under way. Expert witnesses from the University of Miami, Massachusetts Institute of Technology, NASA, and the Southwest Research Institute provided testimony on the need for the research programs contained in the Act. Witnesses also cited problems of continuity of FAA's effort over the long-term, of inadequate levels of effort, of applying results to equipment acquisition or proposed regulation, and of maintaining in-house expertise. The Subcommittee considered H.R. 4686 on June 29, 1988, with six technical amendments and two which legislatively established the Civil Aeromedical Institute. A total of eight amendments were offered and adopted and the bill was forwarded to the Committee. On August 11, 1988 the Committee on Science, Space, and Technology, a quorum being present, ordered reported, by voice vote the Aviation Safety Research Act of 1988, with an amendment. On September 20, 1988, H.R. 4686 was brought to the floor of the House under suspension of the Rules and was passed. Committee Publication Numbers 100-109; H. Rept. 100-894. 1.15-PUBLIC LAW 100-627, TITLE II, MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT REAUTHORIZATION (H.R. 4210) To reauthorize title II of the Marine Protection, Research and Sanctuaries Act of 1972. Summary and Background of Legislation Under the authority of title II of the Marine Protection, Research and Santuaries Act of 1972 (P.L. 92-532), and the National Ocean Pollution Planning Act of 1978 (P.L. 95-273), the National Oceanic and Atmospheric Administration (NOAA) coordinates marine pollution research and monitoring activities throughout the Federal government, and, in cooperation with the Environmental Protection Agency, conducts a continuing, comprehensive program of assessment of effects of human activities on the marine environment. The Marine Protection, Research, and Sanctuaries Act of 1972 was the first comprehensive legislation to regulate ocean dumping of all types of material that may adversely affect human health, the marine environment, or the economic potential of the ocean. Under the first two titles of the Act, commonly referred to as the Ocean Dumping Act, four Federal agencies have responsibilities: the Environmental Protection Agency, the Corps of Engineers, the Coast Guard, and the National Oceanic and Atmospheric Administration. Title I of the Act authorizes the EPA to designate specific ocean disposal sites, and directs the EPA to establish ocean dumping permit criteria based upon specified factors. The permit system is administered by EPA for all materials except for dredged material, which is under the jurisdiction of the Corps of Engineers. Title II of the Act (under the jurisdiction of the Committee on Science, Space, and Technology and the Committee on Merchant Marine and Fisheries) requires the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) to conduct research and monitoring on ocean dumping and to study alternative methods of disposal. The Coast Guard is charged with maintaining surveillance of ocean dumping activities. Title III of the Act gives the Secretary of Commerce the authority to establish marine sanctuaries if it is determined necessary to preserve or restore an area for conservation, recreational, ecological, or esthetic purposes. The programs funded under the provisions of Title II include: (1) the Status and Trends Program, which monitors water quality data from various waterbodies around the nation; (2) the Consequences of Contamination Program, which links the chemical data collected in the Status and Trends Program with the actual effects on marine life; (3) the Strategic Assessment Branch, which prepares data, atlases, and maps of various estuaries depicting resources and water quality factors in these areas; and (4) the Hazardous Materials Response Program, which is NOAA's response capability for meeting hazardous material emergencies and conducting long-term resource assessments under the Superfund law. The Subcommittee on Natural Resources, Agriculture Research and Environment held a hearing in Annapolis, MD on October 3, 1988, on Medical Waste and Ocean Pollution Research and Monitoring. Of primary concern to the Subcommittee was the recent incidence of medical wastes washing up on the shores of the Chesapeake in Maryland. The Subcommittee also considered specific recommendations on H.R. 4210, the bill to reauthorize title II of the Marine Protection, Research and Sancturaries Act of 1972, and H.R. 4211, the bill to reauthorize the National Ocean Pollution Planning Act of 1978. Also relevant to the deliberations of the Subcommittee was the recently released Office of Technology Assessment background paper entitled "Issues in Medical Waste Management. At the hearing, it was pointed out that the extent of the problem of infectious medical wastes being illegally dumped into waterways or landfills is not known at this time. No scientific surveys to assess the magnitude of the problem have been conducted. The risk posed to human health and to the environment by illegally dumped medical waste is also not known. No scientific assessments have been made and little or no data exists on this issue. The Environmental Protection Agency has the authority to regulate infectious medical wastes under the Resource Conservation and Recovery Act (RCRA). However, EPA has indicated that there is a lack of evidence that medical wastes cause harm to human health and the environment, and therefore have not taken action to regulate medical waste or conduct research on its potential hazards. Since no comprehensive Federal regulations exist regarding the handling, transportation, treatment, and disposal of infectious medical wastes, the States have had to take independent action to regulate such wastes. Currently, 39 States have some type of regulations concerning infectious waste, and at least 5 more are expected to regulate these wastes by the end of the year. Witnesses at the hearing include the Honorable William Donald Schaefer, Governor of Maryland; Dr. Andrew Robertson, Director of the Ocean Assessments Division, National Oceanic and Atmospheric Administration; Mr. Devereaux Barnes, Director, Characterization and Assessment Division, Environmental Protection Agency; Mr. Charles Spooner, Director, Chesapeake Bay Program, Environmental Protection Agency; Mr. William Baker, Director, Chesapeake Bay Foundation; and Ms. Boyce Thorn Miller, Staff Scientist, The Oceanic Society. Legislative History H.R. 4210 was introduced on March 21, 1988, and jointly referred to the Committee on Science, Space, and Technology and the Committee on Merchant Marine and Fisheries. The bill was called up by the House of Representatives under suspension of the Rules and passed on October 3, 1988. The Senate passed the bill, as amended, on October 12, 1988. The House agreed to the Senate amendments by unanimous consent on October 13, 1988. The President signed the bill into law on November 7, 1988, becoming Public Law 100– 627. 1.16-PUBLIC LAW 100-636, THE NATIONAL OCEAN POLLUTION To reauthorize the National Ocean Pollution Planning Act of 1978. Summary and Background of Legislation The National Ocean Pollution Planning Act of 1978 identified the need to establish a comprehensive Federal plan for ocean pollution research, development, and monitoring, with particular attention being given to the inputs, fates, and effects of pollutants in the marine environment. Under the National Ocean Pollution Planning Act (NOPPA), the National Oceanic and Atmospheric Administration (NOAA) was authorized to establish, within NOAA, the National Marine Pollution Program Office. The National Marine Pollution Program Office has the responsibility for preparing a comprehensive 5-year plan for the overall Federal effort in ocean pollution research, development and monitoring. In late 1985, the National Marine Pollution Program Office issued a Federal plan for fiscal years 1985 to 1989. The plan recommended, among other things, a greater Federal emphasis on re search and monitoring related to municipal and industrial effluents; resource oriented monitoring to provide national assessments on the status and trends of environmental quality; studies conducted in estuaries and coastal waters; and better coordination of monitoring efforts. The National Marine Pollution Program Office is expected to release the next 5-year plan by the end of 1988. Legislative History H.R. 4211 was introduced on March 21, 1988, and jointly referred to the Committee on Science, Space and Technology and the Committee on Merchant Marine and Fisheries. The Subcommittee on Natural Resources, Agriculture Research and Environment held a hearing in Annapolis, MD on October 3, 1988 on Medical Waste and Ocean Pollution Research and Monitoring. Of primary concern to the Subcommittee was the recent incidence of medical wastes washing up on the shores of the Chesapeake in Maryland. The Subcommittee also considered specific recommendations on H.R. 4210, the bill to reauthorize title II of the Marine Protection, Research and Sanctuaries Act of 1972, and H.R. 4211, the bill to reauthorize the National Ocean Pollution Planning Act of 1978. For a summary of the hearing, see discussion under the Marine Protection, Research, and Sanctuaries Act Reauthorization, above. The bill was passed by the House of Representatives under suspension of the rules by a vote of 412-5 on October 4, 1988. The bill passed the Senate without amendment by voice vote on October 19, 1988. The bill was signed into law by the President on November 8, 1988, becoming Public Law 100-636. 1.17-PUBLIC LAW 100-657, COMMERCIAL SPACE LAUNCH ACT AMENDMENTS OF 1988 (H.R. 4399) To facilitate commercial access to space, and for other purposes. Background and Summary of Legislation Public Law 100-657 the "Commercial Space Launch Act Amendments of 1988" amends the Commercial Space Launch Act to: establish property and liability insurance requirements for commercial space launches; provide for government indemnification of liability claims in excess of insurance; prohibit government preemption of commercial space launches from government facilities in most cases; and provide launch incentives for certain satellites that were bumped from the Space Shuttle, if such satellites are launched by private industry in the United States. The Act amends current law to ensure that costs charged to commercial users of federal launching ranges, services, and property are based on the actual costs associated with the commercial launch effort. It specifies that the government can charge for quality control services provided at the request of the commercial user. Facilitating Private Acquisition of Launch Services. The act encourages development of commercially provided launch services, and ensures continued access to government |