I 
112TH CONGRESS 
1ST SESSION H. R. 2386 
To amend the Oil Pollution Act of 1990 to facilitate the ability of persons 
affected by oil spills to seek judicial redress. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2011 
Mr. MARKEY (for himself, Ms. CASTOR of Florida, and Mr. CONNOLLY of Vir-
ginia) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Oil Spill Victims Re-
dress 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 re-
moval costs or damages’’ and inserting ‘‘all claims against 
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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 with respect to a discharge of oil into or 
on the navigable waters, adjoining shorelines, or the 
exclusive economic zone of the State is not within 
the original jurisdiction of the United States district 
courts, and is therefore not removable, unless— 
‘‘(A) a Federal claim is pleaded in addition 
to claims arising under State law; or 
‘‘(B) the action is otherwise removable 
based on diversity of citizenship pursuant to 
section 1332 of title 28, United States Code.’’. 
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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 impos-
ing, 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 im-
pose’’. 
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. 
Æ 
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