[House Report 109-137]
[From the U.S. Government Publishing Office]




109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-137

======================================================================
 
                 DELAWARE RIVER PROTECTION ACT OF 2005

                                _______
                                

 June 16, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 1412]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

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.''.

                       Purpose of the Legislation

    H.R. 1412, the Delaware River Protection Act, makes several 
amendments to current law to improve the Federal government's 
capability to prevent and respond to future oil spills in the 
Delaware River and other waters of the United States including 
the territorial sea.

                Background and Need for the Legislation

    On Friday, November 26, 2004, the T/V ATHOS I, a 750-foot, 
single-hull tank vessel, struck a submerged object while being 
maneuvered to a berth on the Delaware River near Paulsboro, New 
Jersey. The grounding caused the vessel to lose power and 
resulted in a release of heavy crude oil from the vessel's oil 
storage tanks. An investigation of the river bottom found a 
large section of iron pump housing and several other objects 
that were partially submerged in river sediments in the area of 
the vessel's grounding. The existence of the bottom debris was 
unknown to the maritime community and was not included on any 
navigational chart or in any notice to mariners.
    The Coast Guard has estimated that total cleanup costs and 
natural resources damages resulting from the grounding of the 
ATHOS I could cost more than $200 million. Under current 
liability limits, the owners of the vessel are potentially 
responsible for costs of up to approximately $45 million. 
Despite requirements in current law, oil spill liability limits 
have not been adjusted to reflect inflation since the passage 
of the Oil Pollution Act of 1990.
    As part of the Service's Maritime Safety mission, the Coast 
Guard is designated as the lead Federal agency in responding to 
oil spills in coastal and marine waters. Under the Oil 
Pollution Act of 1990, the Coast Guard established specialized 
district response groups to respond to oil spills as quickly as 
possible. The Act requires the creation of Area Committees 
throughout the nation to develop and implement Area Contingency 
Plans for responding to oil spills in a particular location and 
requires vessel and facility operators to develop detailed 
response plans for incidents involving those vessels or 
facilities.
    The Coast Guard, in conjunction with Federal, State, local 
and private sector partners, followed the OPA requirements and 
the local implementation plan in responding to the ATHOS I 
spill. However, the response efforts highlighted some 
shortfalls in the law and in Federal regulations regarding the 
declaration of a release of an object that may create an 
obstruction to navigation in U.S. waterways, the content of 
information included in Area Contingency Plans, and the focus 
of the Federal oil spill research program established under the 
Oil Pollution Act of 1990. H.R. 1412 includes provisions that 
address these shortfalls.

                       Summary of the Legislation

    H.R. 1412 makes several amendments to current law to 
improve the Federal government's capability to prevent and 
respond to future oil spills in the Delaware River and other 
navigable waters of the United States.
    Section 1 states that the legislation may be referred to as 
the ``Delaware River Protection Act of 2005''.
    Section 2 establishes a requirement to notify the Coast 
Guard of a release of an object from a vessel or facility that 
creates an obstruction to navigation. Individuals who fail to 
``promptly'' notify the Coast Guard of a loss of such an object 
will be subject to existing civil and criminal penalties under 
the Ports and Waterways Safety Act. These penalties include a 
fine of up to $25,000 per day and criminal penalties of up to 
5-10 years for willful and knowing violation of the 
notification requirement.
    Under Subchapter C of title 33, Code of Federal 
Regulations, owners of vessels that could obstruct navigation 
in U.S. waters must mark and report the existence of the 
obstruction. However, there is no current statutory or 
regulatory requirement that an owner of an object, other than a 
vessel, notify the Coast Guard after the release of such an 
object into the navigable waterways of the United States.
    Section 3 amends the Oil Pollution Act of 1990 (OPA) to 
adjust oil spill liability limits to reflect the change in the 
Consumer Price Index since the Act's passage in 1990. OPA 
established liability limits for tank vessels at a level of 
$1,200 per gross ton. Under OPA, liability for cleanup costs 
and damages resulting from oil spills rests with a 
``responsible party'' who is usually the owner or operator of a 
vessel. In the event of a spill, the responsible party must pay 
removal costs incurred by the government or others, and damages 
to claimants who are injured by the spill. Damages may include 
natural resources damages, damages to real or personal 
property, damages for loss of use of a natural resource 
(fishery, etc.), damages for lost revenue or profit caused by a 
spill, and damages for the cost of government response 
necessitated by the spill. Under OPA, the President is required 
to adjust these limits every three years according to changes 
in the Consumer Price Index (CPI). The Coast Guard has not made 
these adjustments as required by law and currently insists that 
the Service has no authority to adjust the limits as the 
authority resides at the Department level. The authority was 
delegated by the President first to the Department of 
Transportation and was later transferred to the Department of 
Homeland Security.
    The provision implements these adjustments. The provision 
would increase liability limits to the current CPI-adjusted 
level (approximately $1,700 per gross ton) over a three year 
period. The provision makes distinctions between single-hull 
vessels and double-hull vessels. Liability levels for double-
hull vessels would be increased by $500 per gross ton over 3 
years, while liability levels for single-hull vessels would be 
increased by $1,050 per gross ton over three years. This amount 
is equal to twice the adjustment (approximately $525 per gross 
ton) based on the increase in the CPI from 1990-2004. The 
provision also requires the President to adjust the liability 
limits within three years of the enactment of the Act and every 
three years thereafter.
    Section 4 requires the Philadelphia Area Committee to 
annually update its area contingency plan to include the most 
recent environmental sensitivity data that has been collected 
by State and Federal agencies. At the time of the spill in the 
Delaware River, the Philadelphia Area Contingency Plan did not 
include updated environmental sensitivity data that had been 
collected by annual surveys conducted by the New Jersey 
Department of Environmental Protection.
    Under the Oil Pollution Act of 1990, the Coast Guard has 
established 46 Area Committees nationwide. These committees act 
as preparedness and planning bodies and are composed of 
representatives from Federal, state, and local government 
agencies with definitive responsibilities for each area's 
environmental integrity. Each Area Committee has developed an 
Area Contingency Plan and is charged with periodically updating 
the Plan with information from Committee members and interested 
parties to further prevent and improve response to future oil 
spills in each Area.
    Section 5 requires the National Oceanic and Atmospheric 
Administration (NOAA), in conjunction with the Coast Guard, to 
establish a submerged oil research program to research methods 
to detect, monitor and remove submerged oil and improve 
modeling capabilities to better predict the movement and 
behavior of submerged oil. The provision also requires the 
Coast Guard to carry out a demonstration project to demonstrate 
technologies and processes to detect and remove submerged oil 
from waterways including the Delaware River.
    Title VII of the Oil Pollution Act establishes an Oil 
Pollution Research and Development Program and an Interagency 
Coordinating Committee on Oil Pollution Research to carry out 
the Program. The program established under this section would 
carry out specific research on the effects and persistence of 
submerged oil in addition to the research program that is 
carried out by the Committee. A large percentage of the oil 
that was released from the ATHOS I was or still remains 
submerged at the bottom of the river, and little work has been 
done to increase capabilities to predict the persistence of or 
vertical and horizontal movement of oil within the water 
column.
    The Committee recommends that the efforts of the research 
program be focused on developing methods and technologies to 
remove or diminish the persistence of submerged oil that is 
currently found in the Delaware River and other U.S. waterways. 
Further, the Committee recommends that the effort of the 
demonstration program be concentrated on evaluating methods and 
technologies of removing submerged oil of the type that was 
released into the Delaware River as a result of the grounding 
of the ATHOS I and under the conditions that are observed in 
the area of the Delaware River that was impacted by such oil.
    Section 6 establishes an advisory committee composed of 
representatives from port authorities, shipping interests, oil 
refineries, labor, river pilots, environmental groups and the 
general public. The Committee is tasked with developing 
recommendations for Congress on the prevention of and response 
to future oil spills on the Delaware River and Bay. The 
Committee will provide an additional outlet for interested 
parties and the general public to provide information and make 
recommendations to improve preparedness in the area. The 
Committee's term will expire one year after the Committee's 
members are appointed by the Commandant of the Coast Guard.
    Section 7 amends section 407 of the Maritime Transportation 
Security Act of 2002 (P.L. 107-295) to increase the authorized 
funding for maritime fire and safety activities carried out by 
non-profit organizations in direct cooperation with the Coast 
Guard to an amount of $1.5 million.

            Legislative History and Committee Consideration

    H.R. 1412, the Delaware River Protection Act was introduced 
by Coast Guard and Maritime Transportation Subcommittee 
Chairman Frank A. LoBiondo on March 17, 2005 and is co-
sponsored by Rep. Jim Saxton (New Jersey), Rep. Rob Andrews 
(New Jersey), Rep. Mike Castle (Delaware) and Rep. Allyson 
Schwartz (Pennsylvania).
    The bill was referred to the Committee on Transportation 
and Infrastructure. The Subcommittee held a field hearing on 
the Coast Guard's response to the ATHOS I oil spill in the 
Delaware River in Philadelphia, Pennsylvania on January 18, 
2005.
    On April 27, 2005 the Subcommittee on Coast Guard and 
Maritime Transportation and the Subcommittee on Water Resources 
and the Environment were discharged from consideration of the 
bill, and the bill was considered during a mark-up session of 
the Full Committee. At this mark-up, Coast Guard and Maritime 
Transportation Subcommittee Chairman, Mr. LoBiondo, offered an 
amendment to strike the sections of the bill that authorized 
activities of the U.S. Army Corps of Engineers and made certain 
technical amendments to section 5 of the bill. The amendment 
was adopted unanimously by voice vote.
    H.R. 1412, as amended, was approved unanimously by voice 
vote and was ordered favorably reported to the House.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each rollcall 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. No rollcall votes were ordered during the 
consideration of H.R. 1412.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize funding for the submerged oil research program and 
demonstration program established under section 5 and for 
maritime fire and safety activities carried out by non-profit 
organizations in direct cooperation with the Coast Guard.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1412 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 15, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1412, the Delaware 
River Protection Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), Sara Puro (for the state and local 
impact), and Craig Cammarata (for the private-sector impact).
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1412--Delaware River Protection Act of 2005

    Summary: H.R. 1412 would address oil spills from tank 
vessels (tankers and tanker barges) into United States waters. 
The bill would amend the Oil Pollution Act of 1990 (OPA) to 
raise the statutory limits on liability that owners or 
operators of such vessels face when a spill occurs. The bill 
also would authorize the appropriation of $16 million to the 
U.S. Coast Guard and the National Oceanic and Atmospheric 
Administration (NOAA) over the next five years, primarily for 
activities to detect and remove submerged oil in navigable 
waters. Finally, the bill would address a recent oil spill into 
the Delaware River by requiring new oil spill contingency plans 
for the Philadelphia area and by establishing an advisory 
committee to recommend improvements in oil spill response and 
prevention in the Delaware River and Bay.
    CBO estimates that the higher liability limits that would 
be mandated by H.R. 1412 would reduce direct spending from the 
Oil Spill Liability Trust Fund (OSLTF) by $1 million in fiscal 
year 2006, by $3 million in 2007, and by $4 million annually 
thereafter. In addition, we estimate that carrying out the 
submerged oil program and other activities required by the bill 
would increase discretionary spending by $2 million in 2006 and 
by $16 million over the 2006-2010 period, assuming 
appropriation of the authorized amounts.
    H.R. 1412 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA), but CBO estimates that the cost of complying with the 
mandates would be minimal and would not exceed the thresholds 
established in UMRA. Those thresholds are $62 million in 2005 
for intergovernmental mandates and $123 million in 2005 for 
private-sector mandates, both adjusted annually for inflation.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1412 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        By fiscal year, in millions of dollars--
                                                               -----------------------------------------------------------------------------------------
                                                                  2006     2007     2008     2009     2010     2011     2012     2013     2014     2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     DIRECT SPENDING

Spending Under Current Law for Oil Spill Response and Damage
 Claims \1\:
    Estimated Budget Authority................................       60       60       60       60       60       60       60       60       60       60
    Estimated Outlays.........................................       60       60       60       60       60       60       60       60       60       60
Proposed Changes:
    Estimated Budget Authority \2\............................        0        0       -1       -1       -1       -1       -1       -1       -1       -1
    Estimated Outlays.........................................       -1       -3       -4       -4       -4       -4       -4       -4       -4       -4
Spending Under H.R. 1412 for Oil Spill Response and Damage
 Claims:
    Estimated Budget Authority................................       60       60       59       59       59       59       59       59       59       59
    Estimated Outlays.........................................       59       57       56       56       56       56       56       56       56       56

                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Spending for Submerged Oil Program and Fire and Safety Grants:
    Authorization Level.......................................        4        3        3        3        3        0        0        0        0        0
    Estimated Outlays.........................................        2        4        3        3        3        0        0        0        0        0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For each year, spending under current law includes permanent budget authority of $50 million specified for oil spill response activities and an
  estimated $10 million for the payment of damage claims. These amounts are used to pay the costs of spills from facilities and vessels of all types.
  Budget authority for claims depends on the number and amount of payments approved and can vary significantly from year to year.
\2\ The higher liability limits specified by H.R. 1412 would reduce both response costs and claims payments. The effect on response costs would only be
  reflected in outlays because budget authority for this activity is specified at $50 million a year under OPA. Any savings in response costs would thus
  increase OSLTF unobligated balances available for future spills. The effect on payments of claims, in contrast, would reduce both budget authority and
  outlays by about $1 million annually beginning in 2008.

    Basis of estimate: For this estimate CBO assumes that H.R. 
1412 will be enacted by the beginning of fiscal year 2006 and 
that the amounts authorized by the legislation will be 
appropriated for each year. The estimate of discretionary 
outlays is based on spending patterns for similar programs.

                            DIRECT SPENDING

    H.R. 1412 would raise existing limits on the liability of 
owners or operators of tank vessels that are responsible for 
oil spills into U.S. navigable waters.
    Under OPA, specified liability limits determine the total 
amount that a responsible party must pay to respond to an oil 
spill and to compensate third parties for damages. If the costs 
of a spill exceed those limits, the federal government 
generally pays any remaining costs and claims from the OSLTF. 
Current liability limits generally vary with the type of 
vessel. For example, the liability limit for most tank barges 
is $2 million per spill. The liability limit for most tankers 
is the greater of $1,200 per gross ton or $10 million per 
spill.
    Under H.R. 1412, liability limits for tank vessels would 
vary by year, type of vessel, and whether the vessel is single-
hulled or double-hulled. The liability limit for most tank 
barges would increase to $2.5 million in 2006 and beyond. For 
single-hulled tankers, the liability limit would increase to 
the greater of $14 million per spill or $1,900 per gross ton in 
2006 and $2,250 per gross ton in 2007 and beyond. For double-
hulled tankers, the liability limit would increase to the 
greater of $14 million per spill or $1,500 per gross ton in 
2006 and $1,700 per gross ton in 2007 and beyond. In future 
years, the new limits would be increased to reflect anticipated 
inflation.
    The savings to the federal government associated with 
raising private liability limits for tank vessels is uncertain 
because significant oil spills are relatively rare; in fact, 
since the implementation of OPA in 1991, only six spills from 
such vessels have exceeded the existing liability limits. (In 
total, those spills have accounted for about $45 million--
around 10 percent--of the roughly $490 million that has been 
spent from the OSLTF through 2004.) Moreover, the cost of such 
spills depends on a variety of factors besides the type and 
size of a vessel--the location of a spill, for example, is an 
important factor that cannot be predicted.
    Assuming that the frequency and severity of future oil 
spills from tanker vessels will be similar to those experienced 
since OPA was implemented, CBO estimates that increasing the 
existing liability limits for tanker vessels by the amounts 
specified by H.R. 1412 would reduce average annual spending 
from the OSLTF for spills from tank vessels from about $17 
million (in 2005 dollars) to $16 million in fiscal year 2006, 
$14 million in 2007, and $13 million annually thereafter. 
Savings would be lower in 2006 and 2007 because the increases 
in limits would be phased in over the 2006-2007 period and 
because savings from spills in 2006 and 2007 would be realized 
over the three- or four-year period that it typically takes to 
clean up spills and pay claims. Most of the savings from the 
new limits would result from reductions in the share of cleanup 
and other response costs that are paid from the OSLTF.

                   SPENDING SUBJECT TO APPROPRIATION

    H.R. 1412 would direct NOAA to establish a program to 
detect submerged oil, evaluate its environmental effects, and 
develop methods to remove or disperse it. In conjunction with 
this program, the Coast Guard would be required to conduct a 
demonstration project to develop methods of removing submerged 
oil from the Delaware River and other navigable waters. For 
these purposes, the bill would authorize the appropriation of 
$1 million for NOAA and $2 million for the Coast Guard for each 
of fiscal years 2006 through 2010. Finally, the bill would 
increase the existing authorization level for Coast Guard 
maritime fire and safety grants by just over $500,000. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing these provisions would cost $2 million in fiscal 
year 2006 and $16 million over the 2006-2010 period.
    CBO estimates that establishing and operating the Delaware 
River and Bay Oil Spill Advisory Committee and updating the 
Philadelphia-area contingency plan would have no significant 
effect on the federal budget.
    Estimated impact on State, local, and tribal governments: 
H.R. 1412 contains an intergovernmental mandate as defined in 
UMRA because it would require public entities, including port 
authorities, to notify the Coast Guard if such an entity 
released an object that might obstruct the navigable waters of 
the Delaware River. According to information from industry 
sources, the likelihood that a public entity would release an 
obstructing object is small, and any resulting notification 
would impose minimal costs on state, local, or tribal 
governments. Therefore, CBO estimates that the cost of 
complying with the mandate would not exceed the threshold 
established in UMRA ($62 million in 2005, adjusted annually for 
inflation).
    Estimated impact on the private sector: H.R. 1412 would 
impose private-sector mandates as defined in UMRA on certain 
owners and operators of tank vessels and persons aware of an 
obstruction to navigation in U.S. waters. Based on information 
provided by industry and government sources, CBO expects that 
the aggregate direct costs of complying with those mandates 
would fall below the annual threshold established by UMRA for 
private-sector mandates ($123 million in 2005, adjusted 
annually for inflation).
    Section 2 would require owners of objects other than 
vessels to notify the Coast Guard and the U.S. Army Corps of 
Engineers if those objects become obstructions to navigation in 
U.S. waters. (Under current law, notification of such 
obstructions is voluntary.) CBO expects that the costs to 
comply with this mandate would be minimal if any.
    Section 3 would increase the federal limits on liability 
for tank vessels. An increase in liability for vessel owners 
and operators would tend to increase their premium payments for 
coverage of the greater amount. Premium payments for coverage 
of liability depend on many factors including the amount of 
coverage, the size of the vessel, the value of the cargo, and 
the experience rating of the tanker crew. Industry experts 
estimate that premium increases could vary from 10 percent to 
as much as 40 percent for some owners of tank vessels to pay 
for an increase in coverage. According to industry contacts, 
however, a large part of the industry already carries liability 
coverage above the federal limit required in the bill. 
Consequently, CBO expects that the incremental cost to comply 
with this mandate would not exceed UMRA's annual threshold.
    Estimate prepared by: Federal Costs: Deborah Reis and 
Gregory Hitz. Impact on State, Local, and Tribal Governments: 
Sarah Puro. Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1412 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

PORTS AND WATERWAYS SAFETY ACT

           *       *       *       *       *       *       *



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.
                              ----------                              


OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:

           *       *       *       *       *       *       *


        TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

Sec. 7001. Oil pollution research and development program.
Sec. 7002. Submerged oil program.

           *       *       *       *       *       *       *


TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *


SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) for a tank vessel, the greater of--
                  [(A) $1,200 per gross ton; or]
                  (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
                  [(B)] (C)(i) in the case of a vessel greater 
                than 3,000 gross tons, [$10,000,000] 
                $14,000,000; or
                  (ii) in the case of a vessel of 3,000 gross 
                tons or less, [$2,000,000] $2,500,000;

           *       *       *       *       *       *       *

  (d) Adjusting Limits of Liability.--
          (1)  * * *

           *       *       *       *       *       *       *

          [(4) Adjustment to reflect consumer price index.--The 
        President shall, by regulations issued not less often 
        than every 3 years, adjust the limits of liability 
        specified in subsection (a) to reflect significant 
        increases in the Consumer Price Index.]
          (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.

           *       *       *       *       *       *       *


       TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Oil Pollution Research and Development Program.--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) Oil pollution effects research.--(A)  * * *
          (B) The Department of Commerce in consultation with 
        the Environmental Protection Agency shall monitor and 
        scientifically evaluate the long-term environmental 
        effects of oil discharges if--
                  (i)  * * *

           *       *       *       *       *       *       *

        Areas for study may include the following sites where 
        oil discharges have occurred: the New York/New Jersey 
        Harbor area, where oil was discharged by an Exxon 
        underwater pipeline, the T/B CIBRO SAVANNAH, and the M/
        V BT NAUTILUS; Narragansett Bay where oil was 
        discharged by the WORLD PRODIGY; the Houston Ship 
        Channel where oil was discharged by the RACHEL B; the 
        Delaware River, where oil was discharged by the 
        PRESIDENTE [, RIVERA] RIVERA and the T/V ATHOS I; and 
        Huntington Beach, California, where oil was discharged 
        by the AMERICAN TRADER.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


              MARITIME TRANSPORTATION SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a)  * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

                 TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

Sec. 401. Short title.
     * * * * * * *
[Sec. 407. Lower Columbia River maritime fire and safety activities.]
Sec. 407. Maritime fire and safety activities.

           *       *       *       *       *       *       *


TITLE IV--OMNIBUS MARITIME IMPROVEMENTS

           *       *       *       *       *       *       *


SEC. 407. [LOWER COLUMBIA RIVER] MARITIME FIRE AND SAFETY ACTIVITIES.

  There is authorized to be appropriated to the Secretary of 
the department in which the Coast Guard is operating [$987,400] 
$1,500,000 for fire, oil, and toxic spill response 
communications, training, equipment, and program administration 
activities conducted by nonprofit organizations that act in 
cooperation with the Coast Guard, to remain available until 
expended. Organizations receiving appropriated funds must have 
a multiyear record of spill and marine fire response in Federal 
navigable waterways. Federal funds shall not exceed 25 percent 
of such an organization's total budget.

           *       *       *       *       *       *       *


                                  
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