IIB 
109TH CONGRESS 
1ST SESSION H. R. 1412 
IN THE SENATE OF THE UNITED STATES 
JUNE 28, 2005 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the Ports and Waterways Safety Act to require 
notification of the Coast Guard regarding obstructions 
to navigation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Delaware River Protec-
tion Act of 2005’’. 
SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
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 fol-
lowing: 
‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RE-
LEASE OF OBJECTS INTO THE NAVIGABLE 
WATERS OF THE UNITED STATES. 
‘‘(a) REQUIREMENT.—As soon as a person has 
knowledge of any release from a vessel or facility into the 
navigable waters of the United States of any object that 
creates an obstruction prohibited under section 10 of the 
Act of March 3, 1899, popularly known as the Rivers and 
Harbors Appropriations Act of 1899 (chapter 425; 33 
U.S.C. 403), such person shall notify the Secretary and 
the Secretary of the Army of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) shall not be used against such individual 
in any criminal case, except a prosecution for perjury or 
for giving a false statement.’’.
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SEC. 3. LIMITS ON LIABILITY. 
(a) ADJUSTMENT OF LIABILITY LIMITS.— 
(1) TANK VESSELS.—Section 1004(a)(1) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is 
amended— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) with respect to a single-hull vessel, 
including a single-hull vessel fitted with double 
sides only or a double bottom only— 
‘‘(i) $1,550 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,900 per gross ton for an inci-
dent that occurs in 2006; or 
‘‘(iii) $2,250 per gross ton for an inci-
dent that occurs in 2007 or in any year 
thereafter; or 
‘‘(B) with respect to a double-hull vessel 
(other than any vessel referred to in subpara-
graph (A))— 
‘‘(i) $1,350 per gross ton for an inci-
dent that occurs in 2005; 
‘‘(ii) $1,500 per gross ton for an inci-
dent that occurs in 2006; and
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‘‘(iii) $1,700 per gross ton for any in-
cident that occurs in 2007 or in any year 
thereafter; or’’; and 
(C) in subparagraph (C), as redesignated 
by subparagraph (A) of this paragraph— 
(i) 
in 
clause 
(i) 
by 
striking 
‘‘$10,000,000’’ 
and 
inserting 
‘‘$14,000,000’’; and 
(ii) 
in 
clause 
(ii) 
by 
striking 
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’. 
(2) LIMITATION ON APPLICATION.—In the case 
of an incident occurring before the date of the enact-
ment of this Act, section 1004(a)(1) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(a)(1)) shall 
apply as in effect immediately before the effective 
date of this subsection. 
(b) ADJUSTMENT TO REFLECT CONSUMER PRICE 
INDEX.—Section 1004(d)(4) of the Oil Pollution Act of 
1990 (33 U.S.C. 2704(d)(4)) is amended to read as fol-
lows: 
‘‘(4) ADJUSTMENT
TO
REFLECT
CONSUMER 
PRICE INDEX.—The President shall, by regulations 
issued no later than 3 years after the date of the en-
actment of the Delaware River Protection Act of 
2005 and no less than every 3 years thereafter, ad-
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just the limits on liability specified in subsection (a) 
to reflect significant increases in the Consumer Price 
Index.’’. 
SEC. 4. REQUIREMENT TO UPDATE PHILADELPHIA AREA 
CONTINGENCY PLAN. 
The Philadelphia Area Committee established under 
section 311(j)(4) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 
months after the date of the enactment of this Act and 
not less than annually thereafter, review and revise the 
Philadelphia Area Contingency Plan to include available 
data and biological information on environmentally sen-
sitive areas of the Delaware River and Delaware Bay that 
has been collected by Federal and State surveys. 
SEC. 5. SUBMERGED OIL REMOVAL. 
(a) AMENDMENTS.—Title VII of the Oil Pollution 
Act of 1990 is amended— 
(1) in section 7001(c)(4)(B) (33 U.S.C. 
2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and insert-
ing ‘‘RIVERA and the T/V ATHOS I;’’; and 
(2) by adding at the end the following: 
‘‘SEC. 7002. SUBMERGED OIL PROGRAM. 
‘‘(a) PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Undersecretary of 
Commerce for Oceans and Atmosphere, in conjunc-
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tion with the Commandant of the Coast Guard, shall 
establish a program to detect, monitor, and evaluate 
the environmental effects of submerged oil. Such 
program shall include the following elements: 
‘‘(A) The development of methods to re-
move, disperse or otherwise diminish the per-
sistence of submerged oil. 
‘‘(B) The development of improved models 
and capacities for predicting the environmental 
fate, transport, and effects of submerged oil. 
‘‘(C) The development of techniques to de-
tect and monitor submerged oil. 
‘‘(2) REPORT.—The Secretary of Commerce 
shall, no later than 3 years after the date of the en-
actment of the Delaware River Protection Act of 
2005, submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment 
and Public Works of the Senate a report on the ac-
tivities carried out under this subsection and activi-
ties proposed to be carried out under this subsection. 
‘‘(3) FUNDING.—There is authorized to be ap-
propriated to the Secretary of Commerce $1,000,000
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for each of fiscal years 2006 through 2010 to carry 
out this subsection. 
‘‘(b) DEMONSTRATION PROJECT.— 
‘‘(1) REMOVAL
OF
SUBMERGED
OIL.—The 
Commandant of the Coast Guard, in conjunction 
with the Undersecretary of Commerce for Oceans 
and Atmosphere, shall conduct a demonstration 
project for the purpose of developing and dem-
onstrating technologies and management practices to 
remove submerged oil from the Delaware River and 
other navigable waters. 
‘‘(2) FUNDING.—There is authorized to be ap-
propriated to the Commandant of the Coast Guard 
$2,000,000 for each of fiscal years 2006 through 
2010 to carry out this subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
in section 2 of such Act is amended by inserting after the 
item relating to section 7001 the following: 
‘‘Sec. 7002. Submerged oil program.’’. 
SEC. 6. DELAWARE RIVER AND BAY OIL SPILL ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—There is established the Dela-
ware River and Bay Oil Spill Advisory Committee (in this 
section referred to as the ‘‘Committee’’). 
(b) FUNCTIONS.—
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(1) IN GENERAL.—The Committee shall, by not 
later than 1 year after the date the Commandant of 
the Coast Guard (in this section referred to as the 
‘‘Commandant’’) completes appointment of the mem-
bers of the Committee, make recommendations to 
the Commandant, the Committee on Transportation 
and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and 
Transportation of the Senate on methods to improve 
the prevention of and response to future oil spills in 
the Delaware River and Delaware Bay. 
(2) MEETINGS.—The Committee— 
(A) shall hold its first meeting not later 
than 60 days after the completion of the ap-
pointment of the members of the Committee; 
and 
(B) shall meet thereafter at the call of the 
Chairman. 
(c) MEMBERSHIP.—The Committee shall consist of 
15 members who have particular expertise, knowledge, and 
experience regarding the transportation, equipment, and 
techniques that are used to ship cargo and to navigate 
vessels in the Delaware River and Delaware Bay, as fol-
lows:
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(1) Three members who are employed by port 
authorities that oversee operations on the Delaware 
River or have been selected to represent these enti-
ties, of whom— 
(A) one member must be an employee or 
representative of the Port of Wilmington; 
(B) one member must be an employee or 
representative of the South Jersey Port Cor-
poration; and 
(C) one member must be an employee or 
representative of the Philadelphia Regional Port 
Authority. 
(2) Two members who represent organizations 
that operate tugs or barges that utilize the port fa-
cilities on the Delaware River and Delaware Bay. 
(3) Two members who represent shipping com-
panies that transport cargo by vessel from ports on 
the Delaware River and Delaware Bay. 
(4) Two members who represent operators of oil 
refineries on the Delaware River and Delaware Bay. 
(5) Two members who represent environmental 
and conservation interests. 
(6) Two members who represent State-licensed 
pilots who work on the Delaware River and Dela-
ware Bay.
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(7) One member who represents labor organiza-
tions that load and unload cargo at ports on the 
Delaware River and Delaware Bay. 
(8) One member who represents the general 
public. 
(d) APPOINTMENT OF MEMBERS.—The Commandant 
shall appoint the members of the Committee, after solic-
iting nominations by notice published in the Federal Reg-
ister. 
(e) CHAIRMAN
AND VICE CHAIRMAN.—The Com-
mittee shall elect, by majority vote at its first meeting, 
one of the members of the Committee as the Chairman 
and one of the members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence of or inca-
pacity of the Chairman, or in the event of vacancy in the 
Office of the Chairman. 
(f) PAY AND EXPENSES.— 
(1) PROHIBITION
ON
PAY.—Members of the 
Committee who are not officers or employees of the 
United States shall serve without pay. Members of 
the Committee who are officers or employees of the 
United States shall receive no additional pay on ac-
count of their service on the Committee. 
(2) EXPENSES.—While away from their homes 
or regular places of business, members of the Com-
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mittee may be allowed travel expenses, including per 
diem, in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code. 
(g) TERMINATION.—The Committee shall terminate 
one year after the completion of the appointment of the 
members of the Committee. 
SEC. 7. MARITIME FIRE AND SAFETY ACTIVITIES. 
The Maritime Transportation Security Act of 2002 
(Public Law 107–295) is amended— 
(1) in section 407— 
(A) in the heading by striking ‘‘LOWER 
COLUMBIA RIVER’’; and 
(B) by striking ‘‘$987,400’’ and inserting 
‘‘$1,500,000’’; and 
(2) in the table of contents in section 1(b) by 
striking the item relating to section 407 and insert-
ing the following: 
‘‘Sec. 407. Maritime fire and safety activities.’’. 
Passed the House of Representatives June 27, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.