U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–387 

Calendar No. 691 

MARINE DEBRIS ACT AMENDMENTS OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 3086 

NOVEMBER 28, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1 National Oceanic and Atmospheric Administration, Marine Debris Program, ‘‘NOAA Marine 

Debris Program,’’ at https://marinedebris.noaa.gov/fact-sheets. 

Calendar No. 691 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–387 

MARINE DEBRIS ACT AMENDMENTS OF 2016 

NOVEMBER 28, 2016.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 3086] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 3086) to reauthorize and amend the 

Marine Debris Act to promote international action to reduce marine debris and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a 

substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 3086 is to reauthorize the Marine Debris Program of the National Oceanic and Atmospheric Administration 

(NOAA). It also would require NOAA to work with other Federal 

agencies to develop outreach and education strategies on sources of 

marine debris. Lastly, it would promote international action to reduce marine debris. 

BACKGROUND AND NEEDS

‘‘Marine debris’’ refers to any persistent, solid trash that ends up 

in the ocean or the Great Lakes.1 Marine debris can originate: on 

land, via intentional dumping in the ocean, a stream, or river; as 

a result of heavy rainfall that can carry terrestrial debris into 

water through a storm drain; or due to a more extreme weather 

event like a hurricane, tsunami, or flood that might deposit larger 


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2 National Oceanic and Atmospheric Administration, Marine Debris Program, ‘‘What is Marine 

Debris,’’ at https://marinedebris.noaa.gov/fact-sheets. 3 Ibid. 

4P.L. 109–449 

5 33 U.S.C. § 1914 

6 33 U.S.C. § 1901 et seq. 

7P.L. 109–449 

pieces of refuse into the ocean.2 Marine debris can also come from 

fishing vessels (including lost or abandoned fishing gear), cargo 

ships, cruise ships, pleasure craft, or oil and gas platforms. Abandoned vessels themselves can become marine debris. In addition to 

being an eyesore when it washes up on a beach, marine debris can: 

pose a hazard to navigation if it becomes entangled in propulsion 

systems or intakes or is a collision hazard; endanger human health, 

especially in the case of medical waste; be ingested by or entangle 

marine animals; and in the case of derelict fishing gear, continue 

to net, hook, or trap animals—sometimes called ‘‘ghostfishing.’’ 3

Marine Debris Research, Prevention, and Reduction Act 

The Marine Debris Research, Prevention, and Reduction Act 

(MDRPRA) 4 was enacted in December 2006. The MDRPRA established, within NOAA, a Marine Debris Prevention and Removal 

Program (Program) to reduce and prevent the occurrence and adverse impacts of marine debris on the marine environment and 

navigation safety. The MDRPRA provides guidelines for the Administrator of NOAA (Administrator) to enter into cooperative 

agreements and contracts and provide financial assistance in the 

form of grants through the Program for such projects. The 

MDRPRA amended the Marine Plastic Pollution Research and Control Act of 1987 5 to establish an Interagency Marine Debris Coordinating Committee (Interagency Committee) to coordinate a comprehensive program of marine debris research and activities among 

Federal agencies, in cooperation with nongovernmental organizations, industry, universities, States, Indian tribes, and other nations. 

The MDRPRA also directs the Commandant of the Coast Guard, 

in consultation with the Interagency Committee to: increase compliance with the International Convention for the Prevention of 

Pollution from Ships (MARPOL) Annex V and the Act to Prevent 

Pollution from Ships 6 with respect to the discard of trash from vessels; improve waste management onboard vessels; and improve 

international cooperation. The MDRPRA directs the Administrator, 

in coordination with the Interagency Committee, to maintain a 

Federal information clearinghouse on marine debris. The MDRPRA 

authorized appropriations from fiscal years (FYs) 2006 through 

2010.7

NOAA Marine Debris Prevention and Removal Program 

The Program is part of the Office of Response and Restoration 

within the National Ocean Service. The Program seeks to coordinate, strengthen, and increase the visibility of marine debris issues 

and efforts within NOAA, other agencies, and partners, and among 

the public. The Program is undertaking a national and international effort focusing on identifying, reducing, and preventing debris in the marine environment. 


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8Ocean Conservancy, ‘‘30th Anniversary International Coastal Cleanup – 2015 Report,’’ at 

http://www.oceanconservancy.org/our-work/marine-debris/2016-data-release/2016-data-release1.pdf. 9 Ibid. 

10P.L. 112–213 

In order to achieve its goals, the Program works closely with various partners across the United States. The Program has funded 

and helped support over 140 projects, including aerial surveys of 

marine debris in Alaska, removal of derelict fishing gear from 

Flower Garden Banks National Marine Sanctuary offshore of 

Texas, high seas marine debris monitoring, and online outreach 

and education programs. 

The Program also sponsors the International Coastal Cleanup coordinated by the Ocean Conservancy. That event is the largest marine debris and litter cleanup event in the world.8 Nearly 790,000 

people participated in the 2015 cleanup, with events held in 37 

States and in more than 90 countries and locations around the 

globe; nearly 18,000,000 pounds of trash were collected over 25,000 

miles.9

SUMMARY OF PROVISIONS

If enacted, S. 3086 would do the following: 

• Reauthorize NOAA’s Marine Debris Program. 

• Require NOAA to work with other Federal agencies to develop 

outreach and education strategies on sources of marine debris. 

• Promote international action to reduce marine debris. 

LEGISLATIVE HISTORY

S. 3086 was introduced on June 22, 2016, by Senator Booker. 

The last time marine debris legislation passed Congress was when 

components of the Marine Debris Act Amendments of 2012 (H.R. 

1171) and the Trash Free Seas Act (S. 1119) were included in the 

Coast Guard and Maritime Transportation Act of 2012.10

On June 29, 2016, the Committee met in open Executive Session 

and, by a voice vote, ordered S. 3086 to be reported favorably with 

an amendment (in the nature of a substitute). An amendment was 

offered by Senator Markey to include the Department of State on 

the Interagency Marine Debris Coordinating Committee. That 

amendment was adopted. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 3086—Marine Debris Act Amendments of 2016 

Summary: S. 3086 would reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act. The bill would authorize the appropriation of $10 million annually over the 2017– 

2021 period for the National Oceanic and Atmospheric Administration (NOAA), in coordination with other agencies, to carry out activities to reduce the amount of debris in oceans and coastal areas 


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and $2 million annually for the Coast Guard (USCG) to better enforce laws about discarded refuse from ships. 

CBO estimates that implementing S. 3086 would cost $46 million 

over the 2017–2021 period, assuming appropriation of the authorized amounts. Pay-as-you-go procedures do not apply because enacting S. 3086 would not affect direct spending or revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

S. 3086 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 3086 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— 

2017 2018 2019 2020 2021 2017– 

2021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Marine Debris Removal: 

Authorization Level .............................................................. 10 10 10 10 10 50 

Estimated Outlays ............................................................... 2 7 9 10 10 38 

Enhanced Enforcement: 

Authorization Level .............................................................. 2 2 2 2 2 10 

Estimated Outlays ............................................................... 1 1 2 2 2 8 

Total Costs: 

Authorization Level ..................................................... 12 12 12 12 12 60 

Estimated Outlays ...................................................... 3 8 11 12 12 46 

Basis of estimate: For this estimate, CBO assumes S. 3086 will 

be enacted near the start of 2017 and that the authorized amounts 

will be appropriated for each fiscal year. Estimated outlays are 

based on historical spending patterns for similar programs. 

The bill would authorize the appropriation of $10 million annually over the 2017–2021 period for NOAA, in coordination with 

other agencies, to carry out activities to reduce the amount of debris in oceans and coastal areas (such as plastic and lost fishing 

gear) and to maintain a clearinghouse of information on marine debris for research purposes. In 2015, NOAA allocated $6 million to 

activities that would reduce marine debris. The bill also would authorize the appropriation of $2 million annually over the 2017– 

2021 period for the USCG to improve enforcement of existing laws 

and treaties that address ocean pollution from ships as well as develop and implement a plan to improve waste management on 

ships. 

Pay-As-You-Go considerations: None 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 

Intergovernmental and private-sector impact: S. 3086 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, land, or tribal governments. 


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Estimate prepared by: Federal costs: Robert Reese; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 3086, as reported, does not create any new programs or impose any new regulatory requirements, and therefore would not 

subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The legislation is not expected to have a negative impact on the 

Nation’s economy. 

PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

S. 3038 would not create increases in paperwork burdens if enacted. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide the short title of the bill, the ‘‘Marine 

Debris Act Amendments of 2016.’’ 

Section 2. NOAA Marine Debris Program. 

This section would require the Administrator, working through 

the Program, to work with other Federal agencies to develop outreach and education strategies to address both land- and sea-based 

sources of marine debris and to promote international action to reduce marine debris. 

Section 3. Authorization of appropriations. 

This section would authorize appropriations for FY 2017 through 

FY 2021 at $10,000,000 per year for the Program and $2,000,000 

per year to the Commandant of the Coast Guard to improve implementation of MARPOL. 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 

MARINE DEBRIS ACT 

[33 U.S.C. 1951 et seq.] 

SEC. 3. NOAA MARINE DEBRIS PROGRAM. 

[33 U.S.C. 1952] 

(a) ESTABLISHMENT OF PROGRAM.—There is established, within 

the National Oceanic and Atmospheric Administration, a Marine 

Debris Program to identify, determine sources of, assess, prevent, 

reduce, and remove marine debris and address the adverse impacts 

of marine debris on the economy of the United States, the marine 

environment, and navigation safety. 

(b) PROGRAM COMPONENTS.—The Administrator, acting through 

the Program and subject to the availability of appropriations, 

shall— 

(1) identify, determine sources of, assess, prevent, reduce, 

and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; 

(2) provide national and regional coordination to assist 

States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; 

(3) undertake efforts to reduce the adverse impacts of lost 

and discarded fishing gear on living marine resources and 

navigation safety, including— 

(A) research and development of alternatives to gear 

posing threats to the marine environment and methods for 

marking gear used in certain fisheries to enhance the 

tracking, recovery, and identification of lost and discarded 

gear; and 

(B) the development of effective nonregulatory measures 

and incentives to cooperatively reduce the volume of lost 

and discarded fishing gear and to aid in gear recovery; 

(4) undertake outreach and education activities for the public 

and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts on the United 

States economy, the marine environment, and navigation safety, including outreach and education activities through publicprivate initiatives; øand¿ 

(5) develop, in consultation with the Interagency Committee, 

interagency plans for the timely response to events determined 

by the Administrator to be severe marine debris events, including plans to— 

(A) coordinate across agencies and with relevant State, 

tribal, and local governments to ensure adequate, timely, 

and efficient response; 


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(B) assess the composition, volume, and trajectory of marine debris associated with a severe marine debris event; 

and 

(C) estimate the potential impacts of a severe marine debris event, including economic impacts on human health, 

navigation safety, natural resources, tourism, and livestock, including aquacultureø.¿; 

(6) work with other Federal agencies to develop outreach and 

education strategies to address both land- and sea-based 

sources of marine debris; and 

(7) work with the Department of State and other Federal 

agencies to promote international action to reduce the incidence 

of marine debris. 

* * * * * * * 

SEC. 5. COORDINATION. 

[33 U.S.C. 1954] 

(a) ESTABLISHMENT OF INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE.—There is established an Interagency Marine 

Debris Coordinating Committee to coordinate a comprehensive program of marine debris research and activities among Federal agencies, in cooperation and coordination with non-governmental organizations, industry, universities, and research institutions, States, 

Indian tribes, and other nations, as appropriate. 

(b) MEMBERSHIP.—The Committee shall include a senior official 

from— 

(1) the National Oceanic and Atmospheric Administration, 

who shall serve as the Chairperson of the Committee; 

(2) the Environmental Protection Agency; 

(3) the United States Coast Guard; 

(4) the United States Navyø; and¿; 

(5) the Department of State; and 

ø(5)¿(6) such other Federal agencies that have an interest in 

ocean issues or water pollution prevention and control as the 

Secretary of Commerce determines appropriate. 

* * * * * * * 

øSEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 1958] 

øThere are authorized to be appropriated for each fiscal year 

2006 through 2010— 

ø(1) to the Administrator for carrying out sections 3 and 6, 

$10,000,000, of which no more than 10 percent may be for administrative costs; and 

ø(2) to the Secretary of the Department in which the Coast 

Guard is operating, for the use of the Commandant of the 

Coast Guard in carrying out section 4, $2,000,000, of which no 

more than 10 percent may be used for administrative costs.¿ 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for each fiscal year 2017 

through 2021— 

(1) to the Administrator for carrying out sections 3, 5, and 6, $10,000,000, of which no more than 10 percent may be for administrative costs; and 


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(2) to the Secretary of the Department in which the Coast 

Guard is operating, for the use of the Commandant of the Coast 

Guard in carrying out section 4, $2,000,000, of which no more 

than 10 percent may be used for administrative costs. 

Æ 


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