49–006 

109TH CONGRESS REPT. 109–332 " ! HOUSE OF REPRESENTATIVES 2d Session Part 2 

MARINE DEBRIS RESEARCH, PREVENTION, AND 

REDUCTION ACT 

JULY 25, 2006.—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 S. 362] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (S. 362) to establish a program within the National Oceanic and Atmospheric Administration and the United 

States Coast Guard to help identify, determine sources of, assess, 

reduce, and prevent marine debris and its adverse impacts on the 

marine environment and navigation safety, in coordination with 

non-Federal entities, 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 ‘‘Marine Debris Research, Prevention, and Reduction 

Act’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to help identify, determine sources of, assess, reduce, and prevent marine 

debris and its adverse impacts on the marine environment and navigation safety; 

(2) to reactivate the Interagency Marine Debris Coordinating Committee; and 

(3) to develop a Federal marine debris information clearinghouse. 

SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Prevention and Removal 

Program to reduce and prevent the occurrence and adverse impacts of marine debris 

on the marine environment and navigation safety. 

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

subject to the availability of appropriations, shall carry out the following activities: 

(1) MAPPING, IDENTIFICATION, IMPACT ASSESSMENT, REMOVAL, AND PREVEN- TION.—The Administrator shall, in consultation with relevant Federal agencies, 

undertake marine debris mapping, identification, impact assessment, prevention, and removal efforts, with a focus on marine debris posing a threat to living 

marine resources and navigation safety, including— 

(A) the establishment of a process, building on existing information 

sources maintained by Federal agencies such as the Environmental Protection Agency and the Coast Guard, for cataloguing and maintaining an inventory of marine debris and its impacts found in the navigable waters of 

the United States and the United States exclusive economic zone, including 

location, material, size, age, and origin, and impacts on habitat, living marine resources, human health, and navigation safety; 

(B) measures to identify the origin, location, and projected movement of 

marine debris within United States navigable waters, the United States exclusive economic zone, and the high seas, including the use of oceanographic, atmospheric, satellite, and remote sensing data; and 

(C) development and implementation of strategies, methods, priorities, 

and a plan for preventing and removing marine debris from United States 

navigable waters and within the United States exclusive economic zone, including development of local or regional protocols for removal of derelict 

fishing gear and other marine debris. 

(2) REDUCING AND PREVENTING LOSS OF GEAR.—The Administrator shall improve efforts to reduce 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 specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and 

(B) development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid 

in its recovery. 

(3) OUTREACH.—The Administrator shall undertake outreach and education of 

the public and other stakeholders, such as the fishing industry, fishing gear 

manufacturers, and other marine-dependent industries, and the plastic and 

waste management industries, on sources of marine debris, threats associated 

with marine debris and approaches to identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigational safety, including outreach and education activities 

through public-private initiatives. The Administrator shall coordinate outreach 

and education activities under this paragraph with any outreach programs conducted under section 2204 of the Marine Plastic Pollution Research and Control 

Act of 1987 (33 U.S.C. 1915). 

(c) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

(1) IN GENERAL.—The Administrator, acting through the Program, shall enter 

into cooperative agreements and contracts and provide financial assistance in 

the form of grants for projects to accomplish the purpose set forth in section 

2(1). 

(2) GRANT COST SHARING REQUIREMENT.— 

(A) IN GENERAL.—Except as provided in subparagraph (B), Federal funds 

for any grant under this section may not exceed 50 percent of the total cost 

of such project. For purposes of this subparagraph, the non-Federal share 

of project costs may be provided by in-kind contributions and other noncash 

support. 

(B) WAIVER.—The Administrator may waive all or part of the matching 

requirement under subparagraph (A) if the Administrator determines that 

no reasonable means are available through which applicants can meet the 

matching requirement and the probable benefit of such project outweighs 

the public interest in such matching requirement. 

(3) AMOUNTS PAID AND SERVICES RENDERED UNDER CONSENT.— 

(A) CONSENT DECREES AND ORDERS.—If authorized by the Administrator 

or the Attorney General, as appropriate, the non-Federal share of the cost 

of a project carried out under this Act may include money paid pursuant 

to, or the value of any in-kind service performed under, an administrative 

order on consent or judicial consent decree that will remove or prevent marine debris. 

(B) OTHER DECREES AND ORDERS.—The non-Federal share of the cost of 

a project carried out under this Act may not include any money paid pursuVerDate Aug 31 2005 02:41 Jul 30, 2006 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR332P2.XXX HR332P2
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ant to, or the value of any in-kind service performed under, any other administrative order or court order. 

(4) ELIGIBILITY.—Any State, local, or tribal government whose activities affect 

research or regulation of marine debris, and any institution of higher education, 

nonprofit organization, or commercial organization with expertise in a field related to marine debris, is eligible to submit to the Administrator a marine debris proposal under the grant program. 

(5) GRANT CRITERIA AND GUIDELINES.—Within 180 days after the date of the 

enactment of this Act, the Administrator shall promulgate necessary guidelines 

for implementation of the grant program, including development of criteria and 

priorities for grants. In developing those guidelines, the Administrator shall 

consult with— 

(A) the Interagency Committee; 

(B) regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 

seq.); 

(C) State, regional, and local governmental entities with marine debris 

experience; 

(D) marine-dependent industries; and 

(E) nongovernmental organizations involved in marine debris research, 

prevention, or removal activities. 

(6) PROJECT REVIEW AND APPROVAL.—The Administrator shall— 

(A) review each marine debris project proposal to determine if it meets 

the grant criteria and supports the goals of this Act; 

(B) after considering any written comments and recommendations based 

on the review, approve or disapprove the proposal; and 

(C) provide notification of that approval or disapproval to the person who 

submitted the proposal. 

(7) PROJECT REPORTING.—Each grantee under this section shall provide periodic reports as required by the Administrator. Each report shall include all information required by the Administrator for evaluating the progress and success 

in meeting its stated goals, and impact of the grant activities on the marine debris problem. 

SEC. 4. COAST GUARD PROGRAM. 

(a) STRATEGY.—The Commandant of the Coast Guard, in consultation with the 

Interagency Committee, shall— 

(1) take actions to reduce violations of and improve implementation of 

MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 

et seq.) with respect to the discard of plastics and other garbage from vessels; 

(2) take actions to cost-effectively monitor and enforce compliance with 

MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 

et seq.), including through cooperation and coordination with other Federal and 

State enforcement programs; 

(3) take actions to improve compliance with requirements under MARPOL 

Annex V and section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 

1905) that all United States ports and terminals maintain and monitor the adequacy of receptacles for the disposal of plastics and other garbage, including 

through promoting voluntary government-industry partnerships; 

(4) develop and implement a plan, in coordination with industry and recreational boaters, to improve ship-board waste management, including recordkeeping, and access to waste reception facilities for ship-board waste; 

(5) take actions to improve international cooperation to reduce marine debris; 

and 

(6) establish a voluntary reporting program for commercial vessel operators 

and recreational boaters to report incidents of damage to vessels and disruption 

of navigation caused by marine debris, and observed violations of laws and regulations relating to the disposal of plastics and other marine debris. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Commandant of the Coast Guard shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives a report evaluating the Coast 

Guard’s progress in implementing subsection (a). 

(c) EXTERNAL EVALUATION AND RECOMMENDATIONS ON ANNEX V.— 

(1) IN GENERAL.—The Commandant of the Coast Guard shall enter into an 

arrangement with the National Research Council under which the National Research Council shall submit, by not later than 18 months after the date of the 

enactment of this Act and in consultation with the Commandant and the Interagency Committee, to the Committee on Commerce, Science, and TransporVerDate Aug 31 2005 02:41 Jul 30, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR332P2.XXX HR332P2
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tation of the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives a comprehensive report on the effectiveness of 

international and national measures to prevent and reduce marine debris and 

its impact. 

(2) CONTENTS.—The report required under paragraph (1) shall include— 

(A) an evaluation of international and domestic implementation of 

MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 

1901 et seq.) and recommendations of cost-effective actions to improve implementation and compliance with such measures to reduce impacts of marine debris; 

(B) recommendation of additional Federal or international actions, including changes to international and domestic law or regulations, needed to further reduce the impacts of marine debris; and 

(C) evaluation of the role of floating fish aggregation devices in the generation of marine debris and existing legal mechanisms to reduce impacts 

of such debris, focusing on impacts in the Western Pacific and Central Pacific regions. 

SEC. 5. INTERAGENCY COORDINATION. 

(a) INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE.—Section 2203 of the 

Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is 

amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) ESTABLISHMENT OF INTERAGENCY MARINE DEBRIS COORDINATING COM- MITTEE.—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.’’; and 

(2) in subsection (c), by inserting ‘‘public, interagency’’ before ‘‘forum’’. 

(b) DEFINITION OF MARINE DEBRIS.—The Administrator and the Commandant of 

the Coast Guard, in consultation with the Interagency Committee established under 

subsection (a), shall jointly develop and promulgate through regulations a definition 

of the term ‘‘marine debris’’ for purposes of this Act. 

(c) REPORTS.— 

(1) INTERAGENCY REPORT ON MARINE DEBRIS IMPACTS AND STRATEGIES.— 

(A) IN GENERAL.—Not later than 12 months after the date of the enactment of this Act, the Interagency Committee, through the chairperson, shall 

complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Resources of the House of Representatives 

a report that— 

(i) identifies sources of marine debris; 

(ii) the ecological and economic impact of marine debris; 

(iii) alternatives for reducing, mitigating, preventing, and controlling 

the harmful affects of marine debris; 

(iv) the social and economic costs and benefits of such alternatives; 

and 

(v) recommendations to reduce marine debris both domestically and 

internationally. 

(B) RECOMMENDATIONS.—The report shall provide strategies and recommendations on— 

(i) establishing priority areas for action to address leading problems 

relating to marine debris; 

(ii) developing strategies and approaches to prevent, reduce, remove, 

and dispose of marine debris, including through private-public partnerships; 

(iii) establishing effective and coordinated education and outreach activities; and 

(iv) ensuring Federal cooperation with, and assistance to, the coastal 

States (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), Indian tribes, and local governments in the identification, determination of sources, prevention, reduction, management, mitigation, and control of marine debris and its adverse impacts. 

(2) ANNUAL PROGRESS REPORTS.—Not later than 3 years after the date of the 

enactment of this Act, and biennially thereafter, the Interagency Committee, 

through the chairperson, shall submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and InVerDate Aug 31 2005 02:41 Jul 30, 2006 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6621 E:\HR\OC\HR332P2.XXX HR332P2
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frastructure and the Committee on Resources of the House of Representatives 

a report that evaluates United States and international progress in meeting the 

purpose of this Act. The report shall include— 

(A) the status of implementation of any recommendations and strategies 

of the Interagency Committee and analysis of their effectiveness; 

(B) a summary of the marine debris inventory to be maintained by the 

National Oceanic and Atmospheric Administration; 

(C) a review of the National Oceanic and Atmospheric Administration 

program authorized by section 3, including projects funded and accomplishments relating to reduction and prevention of marine debris; 

(D) a review of Coast Guard programs and accomplishments relating to 

marine debris removal, including enforcement and compliance with 

MARPOL requirements; and 

(E) estimated Federal and non-Federal funding provided for marine debris and recommendations for priority funding needs. 

SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE. 

The Administrator, in coordination with the Interagency Committee, shall— 

(1) maintain a Federal information clearinghouse on marine debris that will 

be available to researchers and other interested persons to improve marine debris source identification, data sharing, and monitoring efforts through collaborative research and open sharing of data; and 

(2) take the necessary steps to ensure the confidentiality of such information 

(especially proprietary information), for any information required by the Administrator to be submitted by the fishing industry under this section. 

SEC. 7. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the National Oceanic and Atmospheric Administration. 

(2) INTERAGENCY COMMITTEE.—The term ‘‘Interagency Committee’’ means the 

Interagency Marine Debris Coordinating Committee established under section 

2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 

U.S.C. 1914). 

(3) UNITED STATES EXCLUSIVE ECONOMIC ZONE.—The term ‘‘United States exclusive economic zone’’ means the zone established by Presidential Proclamation 

Numbered 5030, dated March 10, 1983, including the ocean waters of the areas 

referred to as ‘‘eastern special areas’’ in article 3(1) of the Agreement between 

the United States of America and the Union of Soviet Socialist Republics on the 

Maritime Boundary, signed June 1, 1990. 

(4) MARPOL; ANNEX V; CONVENTION.—The terms ‘‘MARPOL’’, ‘‘Annex V’’, and 

‘‘Convention’’ have the meaning given those terms under section 2(a) of the Act 

to Prevent Pollution from Ships (33 U.S.C. 1901(a)). 

(5) NAVIGABLE WATERS.—The term ‘‘navigable waters’’ means waters of the 

United States, including the territorial sea. 

(6) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means the waters of the 

United States referred to in Presidential Proclamation No. 5928, dated December 27, 1988. 

(7) PROGRAM.—The term ‘‘Program’’ means the Marine Debris Prevention and 

Removal Program established under section 3. 

(8) STATE.—The term ‘‘State’’ means— 

(A) any State of the United States that is impacted by marine debris 

within its seaward or Great Lakes boundaries; 

(B) the District of Columbia; 

(C) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, 

and the Virgin Islands; and 

(D) any other territory or possession of the United States, or separate 

sovereign in free association with the United States, that is impacted by 

marine debris within its seaward boundaries. 

SEC. 8. RELATIONSHIP TO OUTER CONTINENTAL SHELF LANDS ACT. 

Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for each fiscal year 2006 through 2010— 

(1) to the Administrator for carrying out sections 3 and 7, $10,000,000, of 

which no more than 10 percent may be for administrative costs; and 

(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 sections 4 

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and 6, $2,000,000, of which no more than 10 percent may be used for administrative costs. 

PURPOSE OF THE LEGISLATION

S. 362, the Marine Debris Research, Prevention and Reduction 

Act, establishes a marine debris prevention and removal program 

within the National Oceanic and Atmospheric Administration 

(NOAA), strengthens the Coast Guard’s capabilities to improve and 

enforce compliance with laws and regulations regarding the disposal of plastics and other garbage from vessels, and reactivates 

the Interagency Marine Debris Coordinating Committee to coordinate marine debris research and activities throughout the Federal 

government. 

BACKGROUND AND NEED FOR THE LEGISLATION

Marine debris is derived from a variety of sources on land and 

at sea with approximately 20 percent of the total amount resulting 

from ocean-based activities, including lost or abandoned fishing 

gear, galley waste and trash from vessels and offshore oil and gas 

facilities. 

Marine debris degrades very slowly, is highly buoyant, and can 

be carried thousands of miles by ocean currents. The life span of 

marine debris ranges from two weeks (for some paper products) to 

450 years (in the case of plastics). Effects of both land-based 

sources and ocean-based sources can have negative impacts on living marine organisms. Studies have also found that lost fishing 

gear poses significant entanglement threats to many marine organisms, including fish, crabs, birds and marine mammals. Marine 

debris also has serious consequences for humans. Broken glass and 

medical waste on beaches, as well as ropes and lost fishing gear 

can pose serious threats to beachgoers, boaters and divers. Human 

health concerns, due to medical waste debris on beaches, have led 

to beach closures causing additional economic harm to coastal communities. 

There are a number of initiatives to reduce and prevent marine 

debris. Internationally, controls for at-sea dumping of garbage generated on land were enacted in 1972 through the Convention on 

the Prevention of Marine Pollution by Dumping of Wastes and 

Other Matter (referred to as the London Convention). Additional 

attention was given to marine debris when a 1978 protocol was 

added to the 1973 International Convention for the Prevention of 

Pollution by Ships (MARPOL Convention) to prevent at-sea disposal of garbage generated during routine ship operations. Annex 

V of the MARPOL Convention prohibits all overboard disposal of 

plastics and limits other discharges based on the material and the 

vessel’s location and distance from shore. 

National marine debris initiatives that affect U.S. waters from 

the shore to 200 miles and the actions taken by U.S. citizens onboard ships include: the Act to Prevent Pollution from Ships, which 

implements Annex V of MARPOL, by prohibiting the disposal of 

garbage within 3 nautical miles of the coast; the Marine Plastic 

Pollution Research and Control Act; the Driftnet Impact Monitoring, Assessment and Control Act; the Clean Water Act; Title I 

of the Marine Protection, Research, and Sanctuaries Act (referred 

to as the Ocean Dumping Act); and the Beaches Environmental AsVerDate Aug 31 2005 02:41 Jul 30, 2006 Jkt 049006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR332P2.XXX HR332P2
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sessment and Coastal Health Act. In addition, coastal and Great 

Lakes states and territories have also instituted laws and entered 

into public-private initiatives to reduce and prevent marine debris. 

From 1985 to 1996 NOAA developed and directed a comprehensive marine debris and research and management program, which 

later became the Marine Entanglement Research Program. More 

recently, Congress has appropriated funds to NOAA to reduce the 

effects of marine debris in unique and remote ecosystems like the 

Northwestern Hawaiian Islands. In fiscal year 2005, Congress appropriated $5 million to NOAA to undertake a national effort focused on identifying, removing, reducing and preventing the occurrence of marine debris, with particular attention on identifying and 

reducing impacts on endangered and threatened or protected species and sensitive habitats in United States waters. 

The U.S. Coast Guard (USCG) currently enforces Annex V of 

MARPOL on board applicable U.S. and foreign vessels operating in 

the U.S. and internationally through ensuring compliance with the 

regulations in 33 Code of Federal Regulations 151, Part A. The 

USCG also enforces shore side facility regulations found in 33 Code 

of Federal Regulations 158, Part D. Foreign vessels that must meet 

MARPOL and U.S. requirements for garbage handling and management have their placards, plans, and equipment evaluated during port state control examinations that take place once each year. 

The evaluation takes place on board all U.S. certificated vessels 

during their inspections or reinspections for certification. Any violations of these regulations found by the USCG may result in administrative, civil, or criminal actions. 

SUMMARY OF THE LEGISLATION

S. 362, the Marine Debris Research, Prevention and Reduction 

Act, establishes a marine debris prevention and removal program 

within the NOAA, strengthens the Coast Guard’s capabilities to 

improve and enforce compliance with laws and regulations regarding the disposal of plastics and other garbage from vessels, and reactivates the Interagency Marine Debris Coordinating Committee 

to coordinate marine debris research and activities throughout the 

Federal government. 

The Committee is aware that the Coast Guard has initiated an 

environmental impact statement and a rulemaking regarding its 

development of new regulations related to the incidental discharge 

of cargo residue in the Great Lakes. Over the years, the Committee 

has carefully followed and actively participated in the development 

of the enforcement policy for cargo residue on the Great Lakes. The 

Committee appreciates the Coast Guard’s management of this 

issue over the years and supports the ongoing rulemaking process. 

Nothing in this law is intended to effect, impede, or change that 

ongoing process, including agency jurisdiction, in any way. 

Section 1 states that the legislation may be referred to as the 

‘‘Marine Debris Research, Prevention and Reduction Act’’. 

Section 2 lists the purposes of the bill: to help identify, determine 

sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety; to 

reactivate the Interagency Marine Debris Coordinating Committee; 

and to develop a federal marine debris information clearinghouse. 

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Section 3 establishes a Marine Debris Prevention and Removal 

Program within the National Oceanic and Atmospheric Administration (NOAA) that is aimed at reducing and preventing the occurrence and adverse impacts of marine debris on the marine environment and navigational safety. The program includes mapping, 

identification, impact assessment, removal and prevention of marine debris, with a focus on threats to living marine resources including species protected under the Endangered Species Act and 

Marine Mammal Protection Act. The program also includes efforts 

aimed at reducing and preventing loss of fishing gear and a separate outreach and education program. The nonregulatory measures 

and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery could include toll free 

reporting hotlines and computer-based notification forms. 

Section 3 also authorizes NOAA to provide grants to non-federal 

entities whose activities affect research or regulation of marine debris and entities with expertise in a field related to marine debris. 

Under this section, NOAA is required to review each grant proposal to determine if it meets the grant criteria and supports the 

goals of the Act, take the review into consideration when approving 

or disapproving the grant, and provide notification of approval or 

disapproval to the applicant. In addition, each grantee is required 

to provide periodic reports as required by NOAA. 

Section 4 requires the Coast Guard to take measures to improve 

compliance and enforcement of laws and international agreements 

regarding the discard of plastics and garbage from vessels. This 

section also directs the Coast Guard to improve compliance with requirements regarding the availability of garbage receptacles at 

ports and terminals and to work with industry and recreational 

boaters to develop a plan to improve shipboard management of garbage. Section 4 also directs the Coast Guard to develop and implement a plan, in coordination with recreational and commercial 

boaters, to improve shipboard waste management and access to 

waste-reception facilities for all vessels, take actions to improve 

international coordination to reduce marine debris, and to establish 

a voluntary reporting program to receive information on damage to 

vessels and disruption of navigation caused by marine debris and 

observed violations of regulations regarding the disposal of plastics 

and other garbage from vessels. 

This section also directs the Coast Guard to submit a report to 

Congress detailing the progress in implementing the measures required under this section and directs the Coast Guard to enter into 

an agreement with the National Research Council to conduct a report on the effectiveness of international and domestic measures to 

prevent and reduce marine debris and its impact. 

The actions required under this section are intended to strengthen the Coast Guard’s existing marine debris program and the Service’s capabilities to enforce existing regulations and requirements. 

The Committee does not intend to create a new program or mission 

responsibility with this language. The Committee recommends that 

the Coast Guard coordinate with industry and recreational stakeholders to the extent possible to develop and implement the additional measures under this section. It is the Committee’s intent 

that the Coast Guard may issue regulations, as necessary, to implement measures and requirements under this section. 

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Section 5 amends the Marine Plastic Pollution Research and 

Control Act of 1987 to reestablish the Interagency Marine Debris 

Coordinating Committee and to authorize the Interagency Committee to coordinate a comprehensive program of debris research 

and activities among federal agencies, in cooperation and coordination with nongovernmental organizations, industry, universities, 

and research institutions, States, Indian tribes, and other nations, 

as appropriate. 

This section also requires the Administrator of NOAA and the 

Commandant of the Coast Guard to jointly develop and promulgate 

through regulations a definition of the term ‘‘marine debris’’ for the 

purposes of this Act. Lastly, this section requires the Interagency 

Committee to submit two reports to Congress. The first report is 

an Interagency report on marine debris impacts and strategies to 

be completed 12 months after the date of enactment of this Act. 

The second report is a biennial report that evaluates the United 

States and international progress in meeting the purposes of this 

Act. 

Section 6 requires NOAA, in coordination with the Interagency 

Committee, to maintain a federal information clearinghouse on marine debris. The data collected pursuant to section (3)(b)(I) of this 

Act could be used as the basis for the federal information clearinghouse. The data in the clearinghouse will be available to researchers and other interested persons to improve marine debris source 

identification, data sharing, and monitoring efforts through collaborative research and open sharing of data. NOAA is required to ensure the confidentiality of proprietary information required by the 

agency to be submitted by the fishing industry. 

Section 7 defines the terms ‘‘Administrator’’, ‘‘Interagency Committee’’, ‘‘MARPOL’’, ‘‘Annex V’’, ‘‘Convention’’, ‘‘U.S. Exclusive Economic Zone’’, ‘‘Navigable Waters’’, ‘‘Territorial Sea’’, ‘‘Program’’, and 

‘‘State’’. 

Section 8 clarifies that the Act does not supersede or limit any 

authorities granted to the Secretary of the Interior under the Outer 

Continental Shelf Lands Act. 

Section 9 authorizes appropriations for fiscal years 2006–2010 to 

NOAA and the Coast Guard to carry out the Act. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

S. 362, the Marine Debris Research, Prevention and Reduction 

Act, was introduced by Senator Daniel K. Inouye of Hawaii on February 10, 2005. In the House, the bill was referred primarily to the 

Committee on Transportation and Infrastructure and additionally 

to the Committee on Resources. 

The Subcommittee on Coast Guard and Maritime Transportation 

held a joint legislative hearing with the Subcommittee on Oceans 

and Fisheries of the Committee on Resources on September 29, 

2006. On June 28, 2006, the Subcommittee on Coast Guard and 

Maritime Transportation was discharged from consideration of the 

bill and the bill was considered during a Full Committee mark-up. 

At this mark-up, Coast Guard and Maritime Transportation Subcommittee Chairman, Mr. LoBiondo, offered an amendment in the 

nature of a substitute. The amendment was adopted unanimously 

by voice vote, and S. 362, as amended, was approved unanimously 

by voice vote and was ordered favorably reported to the House. 

10 

ROLLCALL VOTES

Clause 3(b) of rule XIII 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. There were no rollcall votes 

during consideration of the bill. 

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 

of S. 362 are to enhance, strengthen and improve coordination of 

the Federal government’s marine debris prevention and response 

activities. 

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 S. 362 from the Director of the Congressional Budget Office. 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 11, 2006. 

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 S. 362, the Marine Debris Research, Prevention, and Reduction Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

11 

S. 362—Marine Debris Research, Prevention, and Reduction Act 

Summary: S. 362 would establish a program to reduce the 

amount of marine debris (such as plastic and lost fishing gear) in 

oceans and coastal areas and to mitigate its effects on health and 

navigation safety. Under the legislation, the National Oceanic and 

Atmospheric Administration (NOAA) would conduct projects to 

identify and catalogue debris hazards, determine sources of such 

debris, and develop methods of removing existing debris and preventing further occurrences. S. 362 would authorize NOAA to provide grants to nonfederal entities such as state or local governments and universities involved with those activities. The act also 

would direct the U.S. Coast Guard (USCG) to improve enforcement 

of existing laws and treaties that address ocean pollution waste 

disposal at sea. For these purposes, the act would authorize the appropriation of $12 million ($10 million to NOAA and $2 million to 

the USCG) for each of fiscal years 2006 through 2010. 

Assuming appropriation of the authorized amounts, CBO esti- mates that implementing S. 362 would cost $3 million in fiscal year 

2007 and $48 million over the 2007–2011 period. (For this estimate, we assume that no additional funds would be appropriated 

for this purpose for 2006). Enacting this legislation would have no 

effect on revenues or direct spending. 

S. 362 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA); any 

costs to state, local, or tribal governments would result from complying with conditions of federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 362 is shown in the following table. The costs 

of this legislation fall within budget functions 300 (natural resources and environment) and 400 (transportation). For this estimate, CBO assumes that S. 362 will be enacted by the beginning 

of fiscal year 2007, that the authorized amounts will be appropriated for each of fiscal years 2007 through 2010, and that outlays 

will follow historical spending patterns for similar activities of the 

agencies involved. 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .................................................................... 12 12 12 12 0 

Estimated Outlays ..................................................................... 3 13 15 15 2 

Intergovernmental and private-sector impact: S. 362 contains no 

intergovernmental or private-sector mandates as defined in UMRA; 

any costs to state, local, or tribal governments would result from 

complying with conditions of federal assistance. 

Previous CBO estimates: On March 18, 2005, CBO transmitted 

a cost estimate for S. 362 as ordered reported by the Senate Committee on Commerce, Science, and Transportation on March 10, 

2005. On November 23, 2005, CBO transmitted a cost estimate for 

S. 367 as ordered reported by the House Committee on Resources 

on November 16, 2005. The three versions of the legislation are 

very similar, but as reflected in the CBO estimates, CBO now expects that S. 362 would be enacted too late for the 2006 authorization amount to be appropriated. The Senate version of the bill conVerDate Aug 31 2005 02:41 Jul 30, 2006 Jkt 049006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR332P2.XXX HR332P2
12 

tains intergovernmental mandates because it would require the 

Coast Guard to issue regulations to improve the disposal of plastics 

and other garbage by ports. 

Estimate prepared by: Federal Costs: Deborah Reis; 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). 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were 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

S. 362 makes the following changes to existing law: 

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): 

SECTION 2203 OF THE MARINE PLASTIC POLLUTION 

RESEARCH AND CONTROL ACT OF 1987 

* * * * * * * 

SEC. 2203. COORDINATION. 

ø(a) ESTABLISHMENT OF MARINE DEBRIS COORDINATING COMMITTEE.—The Secretary of Commerce shall establish a Marine Debris Coordinating Committee.¿ 

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

13 

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. 

* * * * * * * 

(c) MEETINGS.—The Committee shall meet at least twice a year 

to provide a public, interagency forum to ensure the coordination 

of national and international research, monitoring, education, and 

regulatory actions addressing the persistent marine debris problem. 

* * * * * * * 

Æ