Page:United States Statutes at Large Volume 104 Part 1.djvu/540

 104 STAT. 506 PUBLIC LAW 101-380 —AUG. 18, 1990 imposing any additional liability or requirements with respect to— (A) the discharge of oil or other pollution by oil within such State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law. (b) PRESERVATION OF STATE FUNDS. —Nothing in this Act or in section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall in any way affect, or be construed to affect, the authority of any State— (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (2) to require any person to contribute to such a fund. (c) ADDITIONAL REQUIREMENTS AND LIABIUTIES; PENALTIES.— Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.), or section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof^ (1) to impose additional liability or additional requirements; or (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge, or substantial threat of a discharge, of oil. (d) FEDERAL EMPLOYEE LIABILITY.—For purposes of section 2679(b)(2)(B) of title 28, United States Code, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer's or employee's personal or individual capacity for any act or omission while acting within the scope of the officer's or employee's office or employment. 33 USC 2719. SEC. 1019. STATE FINANCIAL RESPONSIBILITY. A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under section 1016. 33 USC 2701 SEC. 1020. APPLICATION. This Act shall apply to an incident occurring after the date of the enactment of this Act. TITLE II—CONFORMING AMENDMENTS SEC. 2001. INTERVENTION ON THE HIGH SEAS ACT. Section 17 of the Intervention on the High Seas Act (33 U.S.C. 1486) is amended to read as follows: " SEC. 17. The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 5 and 7 of this Act."

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