§ 2715. Subrogation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title I § 1015 · 104 Stat. 484

   Enacted · 33 U.S.C. § 2715

   Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502

   Source evidence

   Code source credit
   Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502

   Enacted provision · exact public law section
   SEC. 1015. SUBROGATION. (a) In General.— Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law. (b) Actions on Behalf of Fund.— At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 1016) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit.

2. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title XI § 1142(d) · 110 Stat. 3901

   1. Added · 33 U.S.C. § 2715(b); 33 U.S.C. § 2715(c)

      Pub. L. 104–324 added subsec. (b)

   2. Redesignated · 33 U.S.C. § 2715(b); 33 U.S.C. § 2715(c)

      Pub. L. 104–324 redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 104–324 added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   (d) Clarification of Subrogation.— Section 1015(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: “(b) Interim Damages.— “(1) In general.— If a responsible party, a guarantor, or Applicability. the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subroga-tion under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim. “(2) Final damages.— Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.”.

3. 2004

   Pub. L. 108–293 title VII § 706 · 118 Stat. 1028

   Added · 33 U.S.C. § 2715(d)

   Pub. L. 108–293 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–293 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 706. AUTHORITY TO SETTLE.   Section 1015 of the Oil Pollution Act of 1990 (33 U.S.C. 2715) is amended by adding at the end the following: “(d) Authority To Settle.— The head of any department or agency responsible for recovering amounts for which a person is liable under this title may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.” .

4. 2017

   Foreign Spill Protection Act of 2017

   Pub. L. 115–91 div. C title XXXV § 3508(b)(1)(B) · 131 Stat. 1283

   Inserted · 33 U.S.C. § 2715(c)

   Pub. L. 115–91 inserted “or other facility located seaward of the exclusive economic zone” after “foreign offshore unit”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–91 inserted “or other facility located seaward of the exclusive economic zone” after “foreign offshore unit”.

   Enacted provision · exact public law section
   (B) Actions on behalf of fund.— Section 1015(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(c)) is amended, in the third sentence, by adding before the period at the end the following: “or other facility located seaward of the exclusive economic zone”.

5 of 5 references resolved to an enrolled provision