1.This Act may be cited as the
Foreign Oil Spill Liability Act of
2011
.
2.Amendments to Oil
Pollution Act of 1990
(a)Liability of
owners and operators of foreign offshore unitsSection 1002 of the Oil Pollution Act of
1990 (33 U.S.C. 2702) is amended by adding at the end the following:
(e)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 terrorismSection 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 amountIf 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 definedIn 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).
.
3.Amendments to
Federal Water Pollution Control ActSection 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)
(A)Discharges of
oil reaching navigable watersIn 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 terrorismIf 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)In this paragraph, the following
definitions apply:
(i)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 terrorismThe 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)).
.
4.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.