[Congressional Record Volume 146, Number 54 (Thursday, May 4, 2000)]
[Senate]
[Pages S3520-S3521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GORTON:
  S. 2506. A bill to amend title 46, United States Code, with respect 
to the Federal preemption of State law concerning the regulation of 
marine and ocean navigation, safety, and transportation by States; to 
the Committee on Commerce, Science, and Transportation.


    legislation regarding marine and ocean navigation, safety, and 
                             transportation

  Mr. GORTON. Mr. President, environmental protection and states' 
rights were dealt a blow on March 6th, when the U.S. Supreme Court 
decided the case of United States vs. Locke. The Court, noting that 
even though federal and international laws ``may be insufficient 
protection,'' invalidated Washington laws, and potentially laws in 
eleven other states, that provide protections against spills by oil 
tankers. I disagree with the Court's decision, because I believe that 
Washington state should be allowed to protect its shores as it sees 
fit.
  That is why, today I am pleased to introduce the ``States Prevention 
of Oil Tanker Spills Act'' (SPOTS)-legislation that will reinstate the 
right of all states to adopt additional standards beyond existing 
federal requirements governing the operation, maintenance, equipment, 
personnel and manning of oil tankers. While this legislation will apply 
to all shoreline states, it is particularly important to Washington.
  Washington has always taken seriously its duty to protect the health 
and safety of its citizens, and has historically supported aggressive 
protections of its treasured natural resources, including Washington 
shorelines and waterways. Oil refineries and product terminals located 
in Cherry Point, Ferndale, Tacoma, Anacortes, and nearby Vancouver, 
British Columbia make Washington an international destination and 
shipping point for millions of tons of oil annually. A large volume of 
crude oil is transported to and from the state near heavily populated 
Puget Sound.
  The frequent traffic of large vessels carrying vast amounts of oil 
increases the risks to the environment and public safety, and 
unfortunately, has resulted in devastating spills. The 1989 Exxon 
Valdez disaster was one of the most environmentally devastating in 
United States history. The huge oil tanker ran aground in Prince 
William Sound, Alaska, dumping 11 million gallons of crude oil into the 
Pacific Ocean, and damaging more than 1,000 miles of coastline in 
south-central Alaska. The massive spill resulted in billions of dollars 
in damage claims by over 40,000 people, including some 6,500 Washington 
fishermen who have yet to be compensated for their loss.
  Incidents such as the Valdez disaster served as a catalyst for 
Washington and many other ocean shoreline states--as well as Congress--
to enact laws to prevent similar catastrophic events. Congress passed 
the Oil Pollution Act of 1990. Washington passed its own legislation in 
1994, which created the state Office of Marine Safety and directed the 
establishment of prevention plans for ``the best achievable 
protection'' from the damage caused by oil spills.
  Washington's law enhanced, or added a number of requirements to, the 
federal law. For example, instead of merely requiring tanker crews to 
``clearly understand English,'' as federal law prescribes, the state 
regulation required tanker crews to be proficient in English in order 
to prevent miscommunication between American navigators and foreign 
crews. To heighten safety protection in times of limited visibility due 
to fog or other inclement weather conditions common to the Puget Sound, 
the state also added a requirement that a tanker

[[Page S3521]]

have on its bridge at least three licensed officers, a helmsman, and a 
lookout. Among other requirements adopted by Washington are 
prescriptions regarding training, location plotting, pre-arrival tests, 
and drug testing for tanker crews.
  While federal law governs the design and construction of tankers, as 
well as issues affecting Coast Guard and national security, I believe 
that states should have the right to enact additional regulations that 
they believe will enhance the safety of their citizens and 
natural resources. Twenty states' Attorneys General signed an amicus 
brief in United States vs. Locke, agreeing with Washington on this 
point.

  Unfortunately, the International Association of Independent Tanker 
Owners, (``INTERTANKO''), a group of companies that own or operate more 
than 2,000 tankers in the United States and foreign nations, does not 
agree with this common sense proposition. Shortly after Washington's 
oil tanker law was enacted. INTERTANKO filed a lawsuit to overturn it. 
A federal district court ruled in Washington's favor, but the 
Administration voluntarily intervened in the oil tanker companies' 
appeal, and the U.S. Supreme Court held that the Coast Guard's weaker 
regulations superseded the state's requirements on oil tankers.
  Some have suggested that additional state regulation would interfere 
with the federal government's relations with foreign governments. In my 
view, allowing states to add common sense safety measures would have 
little, if any, impact on foreign relations. It would, however, enhance 
environmental protection.
  This legislation won't eliminate all oil spills. I believe, however, 
that it will help to prevent some. Laws protecting our shores from 
dangerous oil spills should not be brought to the lowest common 
denominator. Rather, allowing states to enhance federal laws where 
appropriate, will ensure an even greater level of protection for our 
citizens and resources in the future. I urge my colleagues to support 
this legislation.
  Mr. President, I ask unanimous consent that the text 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. 2506

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

     SECTION 1. STANDARDS.

       Section 3703 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(d) Preservation of State Authority.--Nothing in this 
     chapter, or any other provision of law, preempts the 
     authority of a State to adopt additional standards regarding 
     maintenance, operation, equipping, personnel qualification, 
     or manning of vessels to which the regulations under 
     subsection (a) apply.''.
                                 ______