II 112th CONGRESS 1st Session S. 1836 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.

1.

Short title

This Act may be cited as the Foreign Oil Pollution Act.

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.

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. .

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.