H.R. 468 – Foreign Spill Protection Act of 2017

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Updated April 15, 2026 at 11:34 AM UTC

The Foreign Spill Protection Act of 2017 would change the Oil Pollution Act of 1990 so that owners, operators, lease‑holders and other parties responsible for foreign offshore oil facilities—any unit located beyond the United States’ exclusive economic zone, including those on or under foreign land—can be held liable for oil‑spill cleanup costs and damages. The bill expands the pool of parties that can be sued to recover costs from the Oil Spill Liability Trust Fund and updates related Clean Water Act language.

Key Provisions

Amends the Oil Pollution Act’s definition of “facility” to explicitly include foreign offshore units and any facility located seaward of the U.S. exclusive economic zone, even if situated on foreign territory.
Adds foreign individuals, public and private entities to the list of parties that can be held liable for oil‑pollution damages.
Creates a new “foreign facilities” liability category that makes owners, operators, lease‑holders, permit‑holders, assignees, and easement holders under foreign law responsible for cleanup costs and damages.
Updates the provision that allows the Oil Spill Liability Trust Fund to pursue recovery actions against owners/operators of foreign facilities.
Modifies the Clean Water Act section to include foreign facility owners/operators in the liability framework.

Legislative Activity

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3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

Coast Guard and Maritime Transportation Subcommittee

January 13, 2017

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HouseIntro Referral

Introduced in House

January 12, 2017

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

January 12, 2017

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

Water Resources and Environment Subcommittee

January 13, 2017

HouseCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

Coast Guard and Maritime Transportation Subcommittee

January 13, 2017

Bill Text

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Introduced in HouseIssued January 12, 2017

I

115th CONGRESS

1st Session

H. R. 468

IN THE HOUSE OF REPRESENTATIVES

January 12, 2017

Mr. Curbelo of Florida (for himself, Mr. Soto, Ms. Pingree, Mr. Lowenthal, Mr. Young of Alaska, Mr. Hastings, Ms. Norton, Ms. Wasserman Schultz, Mr. Gaetz, Mr. Payne, Mr. Katko, Ms. Ros-Lehtinen, Mr. Blumenauer, and Mr. Diaz-Balart) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

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.

1.

Short title

This Act may be cited as the Foreign Spill Protection Act of 2017.

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).