[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1836 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1836

To amend the Oil Pollution Act of 1990 to clarify that the Act applies 
to certain incidents that occur in water beyond the exclusive economic 
                       zone of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2011

  Mr. Menendez (for himself and Mr. Nelson of Florida) 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 clarify that the Act applies 
to certain incidents that occur in water beyond the exclusive economic 
                       zone of the United States.

    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 Pollution Act''.

SEC. 2. ELEMENTS OF LIABILITY.

    Section 1002(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2702(a)) is amended by inserting ``, and any foreign offshore unit from 
which oil is discharged outside the navigable waters or the exclusive 
economic zone before entering or posing a substantial threat to enter 
the navigable waters or exclusive economic zone,'' after ``economic 
zone''.

SEC. 3. FOREIGN OFFSHORE UNITS; LIMITATIONS ON LIABILITY.

    (a) Definition of Foreign Offshore Unit.--Section 1001(10) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701(10)) is amended by striking 
``or on the continental shelf'' and inserting ``on the continental 
shelf, or within the exclusive economic zone''.
    (b) Limitations on Liability.--Section 1004 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2704) is amended by adding at the end the 
following:
    ``(e) Foreign Offshore Units.--There shall be no limitation on 
liability under this Act for any incident involving a foreign offshore 
unit in which oil is discharged and enters or poses a substantial 
threat to enter the navigable waters or the exclusive economic zone.''.

SEC. 4. OIL SPILL LIABILITY TRUST FUND.

    Section 9509(c)(2) of the Internal Revenue Code of 1986 is 
amended--
            (1) by redesignating subparagraph (B) as subparagraph (C),
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any incident involving a foreign offshore unit (as 
                defined in section 1001(10) of the Oil Pollution Act of 
                1990) in which oil is discharged and enters or poses a 
                substantial threat to enter the navigable waters or the 
                exclusive economic zone.'', and
            (3) by striking ``The maximum amount'' in subparagraph (A) 
        and inserting ``Except as provided in subparagraph (B), the 
        maximum amount''.
                                 <all>