[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3862 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3862

  To amend the Oil Pollution Act of 1990 to facilitate the ability of 
        persons affected by oil spills to seek judicial redress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2010

Mr. Whitehouse 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 facilitate the ability of 
        persons affected by oil spills to seek judicial redress.

    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 ``Oil Spill Victims Redress Act''.

SEC. 2. CLAIMS PROCEDURE.

    Section 1013(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2713(a)) is amended by striking ``all claims for removal costs or 
damages shall'' and inserting ``all claims against each responsible 
party for removal costs or damages under this Act''.

SEC. 3. STATE COURT JURISDICTION.

    Section 1017(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
2717(c)) is amended--
            (1) by striking ``A State trial'' and inserting the 
        following:
            ``(1) In general.--A State trial''; and
            (2) by adding at the end the following:
            ``(2) Damages and relief.--Notwithstanding any other 
        provision of this Act, a State court may award damages or other 
        relief to any person for claims under State law against any 
        responsible party or other person.
            ``(3) Removability.--A civil action brought in State court 
        is not within the original jurisdiction of the United States 
        district courts, and is therefore not removable, unless a 
        Federal claim is--
                    ``(A) pleaded in addition to claims arising under 
                State law; or
                    ``(B) otherwise removable based on diversity of 
                citizenship pursuant to section 1332 of title 28, 
                United States Code.''.

SEC. 4. RELATIONSHIP TO OTHER LAW.

    Section 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 2718) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) affect or preempt the authority of any State or 
        political subdivision of a State from imposing, on any 
        responsible party or other person, any additional liability or 
        requirement with respect to--
                    ``(A) the discharge of oil occurring within the 
                State, or pollution by oil having effects within the 
                State; or
                    ``(B) any removal activities in connection with 
                such a discharge; or''; and
            (2) in subsection (c)(1), by inserting ``on any responsible 
        party or other person'' after ``to impose''.

SEC. 5. APPLICABILITY.

    This Act and the amendments made by this Act apply with respect to 
any claim that is pending on, or filed on or after, the date of 
enactment of this Act.
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