Title: Foreign Spill Protection Act of 2017
Policy area: Environmental Protection

Summary:
Foreign Spill Protection Act of 2017
This bill amends the Oil Pollution Act of 1990 to make foreign facilities that are located offshore and outside the exclusive economic zone (EEZ) liable for removal costs and damages that result from oil spills that reach (or threaten to reach) U.S. navigable waters, adjoining shorelines, or the EEZ. Specifically, the following parties may be held liable: (1) the owners or operators of the foreign facilities, including facilities located in, on, or under any land within foreign countries; and (2) the holders of a right of use and easement granted under applicable foreign law for the area in which the facility is located.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 125 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 125

To amend the Oil Pollution Act of 1990 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 SENATE OF THE UNITED STATES

                            January 12, 2017

    Ms. Murkowski (for herself, Ms. Cantwell, Mr. Sullivan, and Mr. 
   Heinrich) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Oil Pollution Act of 1990 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Spill Protection Act of 
2017''.

SEC. 2. LIABILITY OF OWNERS AND OPERATORS OF FOREIGN FACILITIES.

    (a) Oil Pollution Act of 1990 Amendments.--
            (1) Definitions.--Section 1001 of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701) is amended--
                    (A) in paragraph (26)(A)--
                            (i) in clause (ii), by striking ``onshore 
                        or offshore facility, any person'' and 
                        inserting ``onshore facility, offshore 
                        facility, or foreign offshore unit or other 
                        facility located seaward of the exclusive 
                        economic zone, including a facility located in, 
                        on, or under any land within a foreign country, 
                        any person''; and
                            (ii) in clause (iii), by striking 
                        ``offshore facility, the person who'' and 
                        inserting ``offshore facility or foreign 
                        offshore unit or other facility located seaward 
                        of the exclusive economic zone, including a 
                        facility located in, on, or under any land 
                        within a foreign country, the person or entity 
                        that'';
                    (B) in paragraph (27), by inserting before the 
                semicolon at the end the following: ``, including any 
                foreign individual and any foreign public or private 
                entity''; and
                    (C) in paragraph (32)--
                            (i) by redesignating subparagraphs (D) 
                        through (F) as subparagraphs (E) through (G), 
                        respectively;
                            (ii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) Foreign facilities.--In the case of a foreign 
                offshore unit or other facility located seaward of the 
                exclusive economic zone, including a facility located 
                in, on, or under any land within a foreign country, any 
                person owning or operating the facility, and any 
                leaseholder, permit holder, assignee, or holder of a 
                right of use and easement granted under applicable 
                foreign law for the area in which the facility is 
                located.''; and
                            (iii) in subparagraph (G) (as so 
                        redesignated), by striking ``or offshore 
                        facility, the persons'' and inserting 
                        ``offshore facility, or foreign offshore unit 
                        or other facility located seaward of the 
                        exclusive economic zone, including a facility 
                        located in, on, or under any land within a 
                        foreign country, the persons or entities''.
            (2) 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 any other facility located seaward of the 
        exclusive economic zone, including a facility located in, on, 
        or under any land within a foreign country''.
    (b) Federal Water Pollution Control Act Amendment.--Section 
311(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(a)(6)) is amended by striking ``(B)'' and all that follows through 
``and (C)'' and inserting the following ``(B) in the case of a 
facility, any person owning or operating the facility, and (C)''.
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