Text: S.125 — 115th Congress (2017-2018)All Bill Information (Except Text)

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Introduced in Senate (01/12/2017)


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)”.