I 
112TH CONGRESS 
1ST SESSION H. R. 3393 
To amend the Oil Pollution Act of 1990 and the Federal Water Pollution 
Control Act to impose penalties and provide for the recovery of removal 
costs and damages in connection with certain discharges of oil from 
foreign offshore units, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2011 
Mr. RIVERA (for himself, Mr. SIRES, Ms. ROS-LEHTINEN, and Mr. DIAZ- 
BALART) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend the Oil Pollution Act of 1990 and the Federal 
Water Pollution Control Act to impose penalties and 
provide for the recovery of removal costs and damages 
in connection with certain discharges of oil from foreign 
offshore units, and for other purposes. 
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 ‘‘Foreign Oil Spill Li-
ability Act of 2011’’. 
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SEC. 2. AMENDMENTS TO OIL POLLUTION ACT OF 1990. 
(a) LIABILITY OF OWNERS AND OPERATORS OF FOR-
EIGN OFFSHORE UNITS.—Section 1002 of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2702) is amended by adding 
at the end the following: 
‘‘(e) FOREIGN OFFSHORE UNITS.—In any case in 
which there is a discharge, or substantial threat of dis-
charge, of oil from a foreign offshore unit that reaches 
or threatens to reach the navigable waters or adjoining 
shorelines or the exclusive economic zone, the owner or 
operator of the facility— 
‘‘(1) is liable for the removal costs and damages 
specified in subsection (b) that result from such inci-
dent; and 
‘‘(2) shall be treated as a responsible party with 
respect to the incident for the purposes of this Act 
in the same manner as a responsible party for an 
offshore facility.’’. 
(b) STATE SPONSORS OF TERRORISM.—Section 1004 
of such Act (33 U.S.C. 2703) is amended by adding at 
the end the following: 
‘‘(e) FOREIGN OFFSHORE UNITS LOCATED IN COUN-
TRIES THAT ARE STATE SPONSORS OF TERRORISM.— 
‘‘(1) INCREASED LIABILITY AMOUNT.—If a for-
eign offshore unit involved in an incident described 
in section 1002(e)(1) is located in whole, or in part, 
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in the territorial sea or on the continental shelf of 
a foreign country that is a state sponsor of ter-
rorism, the liability limit specified in subsection 
(a)(3) of this section shall be multiplied by 3 when 
applied with respect to the incident. 
‘‘(2) STATE
SPONSOR
OF
TERRORISM
DE-
FINED.—In this subsection, the term ‘state sponsor 
of terrorism’ means any country the government of 
which the Secretary of State has determined has re-
peatedly provided support for acts of international 
terrorism pursuant to— 
‘‘(A) section 6(j) of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2405(j)) 
(as continued in effect pursuant to the Inter-
national Emergency Economic Powers Act); 
‘‘(B) section 620A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2371); or 
‘‘(C) section 40 of the Arms Export Con-
trol Act (22 U.S.C. 2780).’’. 
SEC. 3. AMENDMENTS TO FEDERAL WATER POLLUTION 
CONTROL ACT. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) FOREIGN OFFSHORE UNITS.— 
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‘‘(A) DISCHARGES OF OIL REACHING NAVI-
GABLE WATERS.—In any case in which there is 
a discharge of oil from a foreign offshore unit 
that reaches the navigable waters of the United 
States, adjoining shorelines, or waters of the 
contiguous zone— 
‘‘(i) the discharge shall be subject to 
the prohibition in paragraph (3); and 
‘‘(ii) the owner or operator of the unit 
shall be subject to the penalties established 
under this subsection. 
‘‘(B) FOREIGN OFFSHORE UNITS LOCATED 
IN COUNTRIES THAT ARE STATE SPONSORS OF 
TERRORISM.—If a foreign offshore unit involved 
in an incident described in subparagraph (A) is 
located in whole, or in part, in the territorial 
sea or on the continental shelf of a foreign 
country that is a state sponsor of terrorism, 
each maximum penalty amount specified in 
paragraph (6) or (7) shall be multiplied by 3 
when applied with respect to the incident. 
‘‘(C) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) FOREIGN OFFSHORE UNIT.—The 
term ‘foreign offshore unit’ has the mean-
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ing given that term in section 1001 of the 
Oil Pollution Act of 1990 (33 U.S.C. 
2701). 
‘‘(ii) 
STATE
SPONSOR
OF
TER-
RORISM.—The term ‘state sponsor of ter-
rorism’ has the meaning given that term in 
section 1004(e) of the Oil Pollution Act of 
1990 (33 U.S.C. 2702(e)).’’. 
SEC. 4. APPLICABILITY. 
The amendments made by this Act shall apply with 
respect to a discharge, or substantial threat of discharge, 
of oil occurring after the date of enactment of this Act. 
Æ 
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