[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 370 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 370

To amend the Oil Pollution Act of 1990 to improve provisions concerning 
    the recovery of damages for injuries resulting from oil spills.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2003

 Mr. Smith (for himself and Mr. Wyden) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Oil Pollution Act of 1990 to improve provisions concerning 
    the recovery of damages for injuries resulting from oil spills.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fishery and Aquaculture Oil Spill 
Assistance Act''.

SEC. 2. INTEREST; PARTIAL PAYMENT OF CLAIMS.

    Section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705) is 
amended by adding at the end the following:
    ``(c) Loan Program.--
            ``(1) In general.--The President shall establish a loan 
        program to assist injured parties in meeting financial 
        obligations during the claims procedure described in section 
        1013.
            ``(2) Condition for loan.--A loan may be made under 
        paragraph (1) only to a fisherman or aquaculture producer to 
        whom a responsible party has failed to provide an interim 
        payment under subsection (a).
            ``(3) Terms and conditions of loans.--A loan awarded under 
        paragraph (1)--
                    ``(A) shall have flexible terms, as determined by 
                the President;
                    ``(B) shall be for a period ending on the later 
                of--
                            ``(i) the date that is 5 years after the 
                        date on which the loan is made; or
                            ``(ii) the date on which the injured party 
                        receives a settlement as a result of the claims 
                        procedure described in section 1013; and
                    ``(C) shall be at a low interest rate, as 
                determined by the President.''.

SEC. 3. USES OF THE FUND.

    Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)) is amended--
            (1) in paragraph (5)(C), by striking the period at the end 
        and inserting ``; and''; and
            (2) by adding at the end the following:
            ``(6) the making of loans to assist any injured party in 
        paying financial obligations during the claims procedure 
        described in section 1013.''.

SEC. 4. STUDY.

    Not later than 270 days after the date of enactment of this Act, 
the Secretary of Commerce, in consultation with the Administrator of 
the Environmental Protection Agency, shall submit to Congress a study 
that contains--
            (1) an assessment of the effectiveness of the claims 
        procedures and emergency response programs under the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.) concerning 
        claims filed by, and emergency responses carried out to protect 
        the interests of, fishermen and aquaculture producers; and
            (2) any legislative or other recommendations to improve the 
        procedures and programs referred to in paragraph (1).
                                 <all>