IB 
Union Calendar No. 79
109TH CONGRESS 
1ST SESSION H. R. 1412
[Report No. 109–137] 
To amend the Ports and Waterways Safety Act to require notification of 
the Coast Guard regarding obstructions to navigation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005
Mr. LOBIONDO (for himself, Mr. SAXTON, Mr. ANDREWS, Mr. CASTLE, and 
Ms. SCHWARTZ of Pennsylvania) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure 
JUNE 16, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 17, 2005] 
A BILL 
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,
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 following: 
‘‘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 knowl-
edge of any release from a vessel or facility into the navi-
gable 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.’’. 
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, in-
cluding 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
‘‘(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 enactment 
of this Act, section 1004(a)(1) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in ef-
fect immediately before the effective date of this sub-
section. 
(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 follows: 
‘‘(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, adjust 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 bio-
logical information on environmentally sensitive areas of 
the Delaware River and Delaware Bay that has been col-
lected 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 inserting 
‘‘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 conjunction 
with the Commandant of the Coast Guard, shall es-
tablish 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 remove, 
disperse or otherwise diminish the persistence 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 detect 
and monitor submerged oil. 
‘‘(2) REPORT.—The Secretary of Commerce 
shall, no later than 3 years after the date of the enact-
ment of the Delaware River Protection Act of 2005, 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation and the Committee on Environment and Pub-
lic Works of the Senate a report on the activities car-
ried out under this subsection and activities proposed 
to be carried out under this subsection. 
‘‘(3) FUNDING.—There is authorized to be appro-
priated to the Secretary of Commerce $1,000,000 for 
each of fiscal years 2006 through 2010 to carry out 
this subsection.
‘‘(b) DEMONSTRATION PROJECT.—
‘‘(1) REMOVAL OF SUBMERGED OIL.—The Com-
mandant of the Coast Guard, in conjunction with the 
Undersecretary of Commerce for Oceans and Atmos-
phere, shall conduct a demonstration project for the 
purpose of developing and demonstrating technologies 
and management practices to remove submerged oil 
from the Delaware River and other navigable waters. 
‘‘(2) FUNDING.—There is authorized to be appro-
priated 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.—
(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 Transpor-
tation of the Senate on methods to improve the pre-
vention 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 appoint-
ment 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 ex-
perience regarding the transportation, equipment, and tech-
niques that are used to ship cargo and to navigate vessels 
in the Delaware River and Delaware Bay, as follows: 
(1) Three members who are employed by port au-
thorities that oversee operations on the Delaware 
River or have been selected to represent these entities, 
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 Corpora-
tion; 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 facili-
ties on the Delaware River and Delaware Bay. 
(3) Two members who represent shipping compa-
nies 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 Delaware 
Bay. 
(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 pub-
lic.
(d) APPOINTMENT OF MEMBERS.—The Commandant 
shall appoint the members of the Committee, after soliciting 
nominations by notice published in the Federal Register. 
(e) CHAIRMAN AND VICE CHAIRMAN.—The Committee 
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 incapacity 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 Com-
mittee who are not officers or employees of the United 
States shall serve without pay. Members of the Com-
mittee who are officers or employees of the United 
States shall receive no additional pay on account of 
their service on the Committee. 
(2) EXPENSES.—While away from their homes 
or regular places of business, members of the Com-
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 inserting 
the following:
‘‘Sec. 407. Maritime fire and safety activities.’’.
Union Calendar No. 79
109TH CONGRESS 
1ST SESSION 
H. R. 1412
[Report No. 109–137] 
A BILL 
To amend the Ports and Waterways Safety Act to 
require notification of the Coast Guard regarding 
obstructions to navigation, and for other pur-
poses. 
JUNE 16, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed