Statement of Administration Policy: H.R. 3394 - Oil Pollution Liability and Compensation Act of 1989

(House)
(Jones (D) North Carolina and 12 others)

The Administration supports comprehensive oil spill liability and compensation legislation. Although the Administration supports H.R. 3394, it will work in conference to conform several of the bill's provisions with the Administration's proposal (H.R. 2325) For example, the Administration will seek to conform the uses of the bill's liability and compensation fund with those proposed in H.R. 2325.

Further, the Administration would oppose any amendment which would:

• eliminate the preemption of State liability laws necessary to implement the 1984 protocols to the 1969 Civil Liability and 1971 FUND Conventions. The Protocols would provide better enforceability of U.S. judgments in foreign courts and provide better coverage for foreign vessel spills, especially for vessels not bound for U.S. ports; and
  
  
• change the required burden of proof for imposing unlimited liability from gross to simple negligence. Such a measure would be counterproductive in that it could result in the proliferation of shell corporations with limited assets.