[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1412 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1412

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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delaware River Protection Act of 
2005''.

SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE 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 RELEASE 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.''.

SEC. 3. SENSE OF CONGRESS REGARDING THE DETECTION OF SUBMERGED 
              OBSTRUCTIONS.

    It is the sense of the Congress that the Secretary of the Army 
should--
            (1) place a high priority on enhancing the Army Corps of 
        Engineers' capabilities to detect submerged obstructions in the 
        navigable waterways of the United States through the use of 
        advanced sonar and other technologies; and
            (2) enter into contracts and agreements with other Federal 
        agencies, State governments, local governments, and private 
        entities to accomplish such enhancements.

SEC. 4. AUTHORITY TO REMOVE OBSTRUCTIONS IN DELAWARE RIVER.

    (a) In General.--The Secretary of the Army, acting through the 
Chief of Engineers, may remove from the tidal waters of the Delaware 
River 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).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2006, 
2007, and 2008 to carry out activities authorized in this section.

SEC. 5. 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 inserting 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 incident 
                        that occurs in 2005;
                            ``(ii) $1,900 per gross ton for an incident 
                        that occurs in 2006; or
                            ``(iii) $2,250 per gross ton for an 
                        incident 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 subparagraph (A))--
                            ``(i) $1,350 per gross ton for an incident 
                        that occurs in 2005;
                            ``(ii) $1,500 per gross ton for an incident 
                        that occurs in 2006; and
                            ``(iii) $1,700 per gross ton for any 
                        incident 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 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 follows:
            ``(4) Adjustment to reflect consumer price index.--The 
        President shall, by regulations issued no later than 3 years 
        after the date of the enactment 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. 6. 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 sensitive areas of the 
Delaware River and Delaware Bay that has been collected by Federal and 
State surveys.

SEC. 7. 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 establish a program to 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.
            ``(2) Report.--The Secretary of Commerce shall, no later 
        than 3 years after the date of the enactment 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 activities carried out 
        under this subsection and activities proposed to be carried out 
        under this subsection.
            ``(3) Funding.--There is authorized to be appropriated 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 Commandant of the 
        Coast Guard, in conjunction with the Undersecretary of Commerce 
        for Oceans and Atmosphere, shall conduct a demonstration 
        project in the Delaware River for the purpose of developing and 
        demonstrating technologies and management practices to remove 
        submerged oil.
            ``(2) Funding.--There is authorized to be appropriated to 
        the Commandant of the Coast Guard $2,000,000 for each of fiscal 
        years 2006 and 2007 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. 8. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Delaware 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 members 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 appointment 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 
follows:
            (1) Three members who are employed by port authorities 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 Corporation; 
                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 facilities on the Delaware 
        River and Delaware Bay.
            (3) Two members who represent shipping companies 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 organizations 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 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 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 account of their service on the Committee.
            (2) Expenses.--While away from their homes or regular 
        places of business, members of the Committee 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. 9. 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(a) by striking 
        the item relating to section 407 and inserting the following:

``Sec. 407. Maritime fire and safety activities.''.
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