[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3393 Introduced in House (IH)]
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.
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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
Committee on Transportation and Infrastructure
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Oil Spill Liability Act of
2011''.
SEC. 2. AMENDMENTS TO OIL POLLUTION ACT OF 1990.
(a) Liability of Owners and Operators of Foreign Offshore Units.--
Section 1002 of the Oil Pollution 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 discharge, 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 incident; 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 Countries That Are State
Sponsors of Terrorism.--
``(1) Increased liability amount.--If a foreign offshore
unit involved in an incident described in section 1002(e)(1) 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, 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 defined.--In this
subsection, the term `state sponsor of terrorism' means any
country the government of which the Secretary of State has
determined has repeatedly provided support for acts of
international terrorism pursuant to--
``(A) section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)) (as continued in
effect pursuant to the International Emergency Economic
Powers Act);
``(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371); or
``(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780).''.
SEC. 3. AMENDMENTS TO FEDERAL WATER POLLUTION CONTROL ACT.
Section 311(b) of the Federal Water Pollution Control Act (33
U.S.C. 1321(b)) is amended by adding at the end the following:
``(13) Foreign offshore units.--
``(A) Discharges of oil reaching navigable
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 meaning given
that term in section 1001 of the Oil Pollution
Act of 1990 (33 U.S.C. 2701).
``(ii) State sponsor of terrorism.--The
term `state sponsor of terrorism' 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.
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