[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2107-S2108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 498. A bill to require vessels entering the United States waters 
to provide earlier notice of the entry, to clarify the requirements for 
those vessels and the authority of the Coast Guard over those vessels, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.


       the coastal protection and vessel control improvement act

  Mr. WYDEN. Mr. President, as we speak, rescue crews are fighting 
valiantly to contain the damage from the wreck of the tanker New 
Carissa off of Coos Bay, Oregon three weeks ago. But the clock is 
ticking, the water is rising, and time is running short. An 
environmental disaster of truly alarming proportions is staring my 
state in the face.
  Thousands of gallons of fuel oil have already leaked out of the 
wrecked ship and thousands more may be spilled along our precious 
coastline within days, if not hours.
  As Oregonians struggle to make the best of a bad situation, it is not 
too early to start talking about how we prevent the next addition to 
the legacy of New Carissa. It seems clear to me that we need to look at 
the pernicious practice of foreign flagging. How many gallons of oil 
need to spill and how many miles of coastline have to be destroyed 
before we stop allowing unseaworthy vessels manned by untrained crews 
into our coastal waters.
  It seems easier to register a supertanker in some foreign countries 
than it is to register an automobile in Portland, Oregon. As long as 
this so-called Flag of Convenience system continues, it's only a matter 
of time before the next New Carissa runs aground on a local beach. Yet 
our maritime policy continues to allow it.
  Grave concerns have also been raised about the amount and quality of 
information being released to the public about this disaster. People 
who live in the area simply have not been told what to expect. That is 
unacceptable. When disaster strikes, government has an ironclad 
responsibility to give people as much information as possible.
  Today, I am introducing legislation that focuses on avoiding 
disasters like the New Carissa. We need to stop playing Russian 
roulette with our coastal resources and the communities that depend on 
them.
  Congressman DeFazio has authored companion legislation in the House 
of Representatives, which was adopted as an amendment to the Coast 
Guard Reauthorization Bill.
  This legislation requires all vessels, foreign and domestic, to 
notify the Coast Guard when they intend to enter our country's 
territorial waters, allows the Coast Guard to bar them from entry if 
there are safety concerns, and gives the Coast Guard the authority to 
direct the movements of such vessels in our waters in hazardous 
situations. This bill would have given the Coast Guard the ability to 
block the New Carissa from allowing its deadly course of sailing so 
close to shore during a hazardous gale, a practice that local pilots 
shun.
  In other words, had this bill been in place, the Coast Guard would 
have had the ability to stop this tragedy before it occurred, instead 
of having to clean up after it.
  I urge my colleagues to support this important legislation, and ask 
unanimous consent that a copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 498

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S2108]]

     SECTION 1. CLARIFICATION OF COAST GUARD AUTHORITY TO CONTROL 
                   VESSELS IN TERRITORIAL WATERS OF THE UNITED 
                   STATES.

       The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL SEA; DIRECTION 
                   OF VESSELS BY COAST GUARD.

       ``(a) Notification of Coast Guard.--
       ``(1) Notification.--Under regulations prescribed by the 
     Secretary, a commercial vessel entering the territorial sea 
     of the United States shall notify the Secretary not later 
     than 24 hours before that entry.
       ``(2) Information.--The regulations under paragraph (1) 
     shall specify that the notification shall contain the 
     following information:
       ``(A) The name of the vessel.
       ``(B) The port or place of destination in the United 
     States.
       ``(C) The time of entry into the territorial sea.
       ``(D) With respect to the fuel oil tanks of the vessel--
       ``(i) the capacity of those tanks; and
       ``(ii) the estimated quantity of fuel oil that will be 
     contained in those tanks at the time of entry into the 
     territorial sea.
       ``(E) Any information requested by the Secretary to 
     demonstrate compliance with applicable international 
     agreements to which the United States is a party.
       ``(F) If the vessel is carrying dangerous cargo, a 
     description of that cargo.
       ``(G) A description of any hazardous conditions on the 
     vessel.
       ``(H) Any other information requested by the Secretary.
       ``(b) Denial of Entry.--The Secretary may deny entry of a 
     vessel into the territorial sea of the United States if--
       ``(1) the Secretary has not received notification for the 
     vessel in accordance with subsection (a); or
       ``(2) the vessel is not in compliance with any other 
     applicable law relating to marine safety, security, or 
     environmental protection.
       ``(c) Direction of Vessel.--The Secretary may direct the 
     operation of any vessel in the navigable waters of the United 
     States as necessary during hazardous circumstances, including 
     the absence of a pilot required by Federal or State law, 
     weather, casualty, vessel traffic, or the poor condition of 
     the vessel.''.
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