II 111th CONGRESS 2d Session S. 3862 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.

1.

Short title

This Act may be cited as the Oil Spill Victims Redress Act.

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.

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. .

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.

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.