[Congressional Record Volume 151, Number 87 (Monday, June 27, 2005)]
[House]
[Pages H5197-H5200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DELAWARE RIVER PROTECTION ACT OF 2005

  Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read as follows:

                               H.R. 1412

       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. 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.''.

[[Page H5198]]

     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 sensitive 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 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 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 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 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 appropriated 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 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. 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. LoBiondo) and the gentlewoman from California (Ms. 
Millender-McDonald) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo).


                             General Leave

  Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 1412.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1412, the Delaware River Protection Act, makes 
several amendments to current law to enhance the Coast Guard's and the 
Federal Government's capability to prevent and respond to future oil 
spills in U.S. waters.
  On November 26 of 2004, the ATHOS I struck a submerged object and 
released more than 260,000 gallons of heavy crude oil into the Delaware 
River. I commend the excellent work of the Coast Guard, in cooperation 
with other Federal and State agencies, to minimize the impact of the 
spill. However, this incident has brought several issues to light that 
are needed to enhance our capabilities to prevent and to respond to 
future oil spills.
  Mr. Speaker, H.R. 1412 would require persons to notify the Coast 
Guard in the event that an object is released into U.S. waters that 
could cause the obstruction to navigation or, in the case of the ATHOS 
I, rip open the bottom of a ship. Mr. Speaker, let me give an example 
of why this provision is necessary. Under current regulations, an 
individual must report the creation of an obstruction only when the 
obstruction is caused by a sunken vessel. In other words, you must 
notify the Coast Guard when a vessel, whether a dinghy or a cruise 
ship, is sunk in a navigable waterway, but you need not report the loss 
of a large object such as a 7-foot anchor which, in this case, ripped 
the hull of the ATHOS I.
  The notification requirement included in this bill will provide the 
Coast Guard with the information necessary to mark the location of 
potential obstructions on nautical charts until those obstructions can 
be removed. This provision will improve maritime safety and will 
protect the environment and economies of our local communities by 
further preventing similar mishaps in the future.
  H.R. 1412 also directs the President to adjust liability limits for 
vessel owners to reflect changes in the Consumer Price Index since 1990 
and establishes a research program to develop and test technologies to 
detect and remove submerged oil from our waterways.
  This bill will provide the Federal Government with authorities that 
will

[[Page H5199]]

enhance our capabilities to prevent and respond to future oil spills in 
U.S. waters. I would like to thank my colleagues, the gentleman from 
New Jersey (Mr. Saxton), the gentleman from New Jersey (Mr. Andrews), 
the gentleman from Delaware (Mr. Castle), and the gentlewoman from 
Pennsylvania (Ms. Schwartz), for their help, participation, and 
cosponsoring this bill.
  I urge the House to support H.R. 1412.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MILLENDER-McDONALD. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 1412, the Delaware River 
Protection Act of 2005. On November 26, 2004, the tanker ATHOS I hit a 
piece of pipe and an anchor that had been dumped into the Delaware 
River, spilling oil into the Delaware River near Paulsboro, New Jersey. 
The Coast Guard immediately began coordinating the response to this 
large spill.
  On January 18, 2005, the Subcommittee on Coast Guard and Maritime 
Transportation conducted a field hearing in Philadelphia to see what 
policy changes should be made to help prevent this type of accident 
from happening again. H.R. 1412 was written as a result of that 
hearing.
  No one seems to know where the pipe and anchor came from that the 
ATHOS I hit, but H.R. 1412 will require a person to notify the Coast 
Guard and the Army Corps of Engineers if they know of any object that 
has been dumped into the water that creates an obstruction to 
navigation.
  As the gentlewoman from Pennsylvania (Ms. Schwartz) pointed out at 
the hearing, the limit of liability of tank vessel owners has not been 
increased since the Oil Pollution Act of 1990 was enacted in response 
to the Exxon Valdez. OPA granted the Coast Guard the authority to 
increase the limits of liability for tank vessel owners based on the 
increase in the Consumer Price Index. However, they have never 
increased those limits. H.R. 1412 will increase the liability limits 
for oil spills up to a more modern amount and require these amounts to 
be adjusted not less than every 3 years.
  One of the significant problems facing the agencies trying to clean 
up this spill is the fact that much of the heavy oil is sitting on the 
bottom of the river. H.R. 1412 will establish a program to monitor and 
evaluate the environmental effects of submerged oil.
  H.R. 1412 also establishes the Delaware River and Bay Oil Spill 
Advisory Committee to make recommendations on methodologies to improve 
the prevention and response to future oil spills on the Delaware River 
and Delaware Bay.
  I would like to thank the gentleman from New Jersey (Chairman 
LoBiondo) for the bipartisan approach that he has used to develop this 
legislation, and I urge my colleagues to support the enactment of H.R. 
1412, the Delaware River Protection Act of 2005.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield 5 minutes to the gentleman from 
Delaware (Mr. Castle), and I thank him again for his participation and 
help.
  Mr. CASTLE. Mr. Speaker, I do rise in support of this important 
legislation, and I thank the gentleman from New Jersey (Mr. LoBiondo) 
for working on this bill for the past several months. He has worked 
extraordinarily hard on it and deserves a lot of credit. As chairman of 
the Subcommittee on Coast Guard and Maritime Transportation, he is a 
fierce defender of our environmental resources, and specifically the 
Delaware River; and we all appreciate it in that neck of the woods.
  I do share his goal of protecting the viability of the Delaware River 
as a valued environmental resource, and I also believe that the 
commerce channel is a top priority for the surrounding States.
  Last November, a tragic oil spill, which has been referred to by the 
previous speakers, in the Delaware River set off a course of events 
which has led to the important legislation here before us today, the 
Delaware River Protection Act. Beginning with a congressional hearing 
in January, it has been a top priority to not only address the cleanup 
of the oil spill but how we can look to the future. One clear outcome 
is prevention, working together as a region to learn from this 
accident.
  The gentleman from New Jersey (Chairman LoBiondo) has worked hard to 
draft legislation that I believe will make a real difference in 
protecting the Delaware River from another spill and in protecting the 
Delaware River as a valued natural resource.
  I support the bill, which will establish the Delaware River and Bay 
Oil Spill Advisory Committee. A regional committee will be paramount to 
addressing issues facing the Delaware River, both environmental and 
industrial, and will serve as a sounding board for issues concerning 
the Delaware River.
  Some of the committee's responsibilities will include developing 
recommendations for Congress on the prevention of and response to 
future oil spills on the Delaware River and bay; reporting to Congress 
regarding important issues affecting the health of the Delaware River, 
while ensuring that there is a balanced approach to the issues.
  The committee will be made up of appointed experts in many different 
areas, from the operators of oil refineries to environmental advocates. 
As a result, this committee will be able to examine the breadth of 
issues facing the river. The recommendations need not be unanimous, 
allowing representation of transparent and likely divergent viewpoints.
  In the coming years, our States will face numerous proposed 
industrial and government activities that have potential safety, 
environmental, and economic consequences. This bill will help our 
region to be prepared and assure that important steps are taken to 
preserve the Delaware River.
  Again, I thank the gentleman from New Jersey (Mr. LoBiondo) and the 
others who worked on this, and I sincerely encourage my colleagues' 
support for this legislation. I hope that, with the cooperation of the 
Senate, this will become law shortly to protect the Delaware River.
  Mr. LoBIONDO. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentlewoman from Pennsylvania (Ms. Schwartz) and again thank her for 
her participation.
  Mr. SCHWARTZ of Pennsylvania. Mr. Speaker, I appreciate the efforts 
of the gentleman from New Jersey (Mr. LoBiondo) and the opportunity to 
make a few remarks on this legislation.
  On November 26, 2004, the ATHOS I oil tanker struck a submerged 
object near Paulsboro, New Jersey, and spilled 265,000 gallons of oil 
into the Delaware River. The spill, the largest to occur in the 
Delaware River in the last 16 years, struck at the heart of our region, 
occurring in the Port of Philadelphia.
  Two months after the spill, on my 15th day as a Member of Congress, 
my 15th day on the job, the gentleman from New Jersey (Mr. LoBiondo) 
convened a hearing in Philadelphia to examine the damage of the spill, 
the ongoing cleanup effort, and what else might be needed to be done, 
either now or in the future. I appreciated the chairman's willingness 
to have me participate in that hearing as a very new member of the 
Committee on Transportation and Infrastructure.
  We all found, and we heard from the testimony, that this spill had 
caused millions of dollars in damages and affected more than 100 miles 
of shoreline in three States. Moreover, it impeded trade, temporarily 
shut down a nuclear power plant, put area drinking water at risk, and 
injured and killed wildlife. Unfortunately, many regional environmental 
experts testified that the impact of the oil spill would continue to 
linger, further damaging critical species such as oysters and horseshoe 
crabs. The devastating multiplier effect of the spill and the expert 
testimonies made clear that action was needed, not just for the 
cleanup, but for prevention.
  As a consequence of what we found, the gentleman from New Jersey (Mr. 
LoBiondo), the gentleman from Delaware (Mr. Castle), the gentleman from 
New Jersey (Mr. Andrews), and the gentleman from New Jersey (Mr. 
Saxton) and I coauthored this bill, a bill that would protect the 
environmental integrity and economic vitality of the Delaware River and 
the greater Philadelphia area.
  Mr. Speaker, the Delaware River Protection Act will take several very 
important steps to help prevent future oil

[[Page H5200]]

spills. It will require mandatory reporting to the Coast Guard of 
overboard objects in order to facilitate their recovery and will impose 
civil or criminal penalties for those who fail to give prompt 
notification. It will encourage shippers to use double-hull tankers, 
which are safer and less susceptible to the damage caused by the single 
hull tankers. It will hold shippers accountable for damages caused by a 
spill by phasing in an increased liability standard, the first increase 
since 1990. And it will establish a River and Bay Advisory Committee 
which will be comprised of representatives from shipping, oil, labor, 
environment, and the general public to report to Congress on how best 
to prevent and respond to future incidences along the Delaware River.
  I also want to note that in addition to these actions, the Water 
Resources Development Act, which will be considered by the full House 
later this week, includes a key provision that was originally part of 
this legislation. Specifically, it will provide the Army Corps of 
Engineers with the authority to remove debris along the Delaware River, 
a vital authority as we increase efforts to keep our waterways clear of 
dangerous debris. It is my hope that the Water Resources Development 
Act will be received in an equally bipartisan manner.
  Mr. Speaker, the Delaware River Protection Act represents a true 
collaborative effort. I want to thank the gentleman from New Jersey 
(Mr. LoBiondo) for his leadership on this bill, as well as his office 
staff, Geoff Gosselin, and the Subcommittee on Coast Guard and Maritime 
Transportation staff John Cullather, Eric Nagel and John Rayfield for 
their hard work on this important issue and working so closely with my 
staff.
  Undoubtedly, implementation of this legislation will help to prevent 
future oil spills along the river, while also preserving the Port of 
Philadelphia as the regional resource that it is. That is why I urge my 
colleagues to support passage of this legislation.

                              {time}  1530

  Mr. LoBIONDO. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Issa). The question is on the motion 
offered by the gentleman from New Jersey (Mr. LoBiondo) that the House 
suspend the rules and pass the bill, H.R. 1412, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________