S. 125 – Foreign Spill Protection Act of 2017

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Updated April 15, 2026 at 11:33 AM UTC

The Foreign Spill Protection Act of 2017 amends the Oil Pollution Act of 1990 to hold owners and operators of foreign offshore oil facilities liable for oil spills. It expands U.S. spill liability rules to cover facilities located outside the United States, including those beyond the exclusive economic zone and on foreign land, and allows the U.S. government to recover cleanup costs and damages from those parties.

Key Provisions

Updates the definition of “facility” in the Oil Pollution Act to explicitly include foreign offshore units and any facility located seaward of the U.S. exclusive economic zone, even if on foreign land.
Designates owners, operators, leaseholders, permit holders, assignees, and other rights‑holders of foreign facilities as liable parties for oil pollution caused by those facilities.
Extends the Oil Spill Liability Trust Fund’s authority to seek recovery of removal costs and damages from owners and operators of foreign facilities.
Amends related sections of the Federal Water Pollution Control Act to align with the expanded liability language for foreign facilities.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

January 12, 2017

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SenateIntro Referral

Introduced in Senate

January 12, 2017

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

January 12, 2017

Bill Text

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Introduced in SenateIssued January 12, 2017

II

115th CONGRESS

1st Session

S. 125

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.

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).