49–006 

109TH CONGRESS REPT. 109–332 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

MARINE DEBRIS RESEARCH, PREVENTION, AND 

REDUCTION ACT 

DECEMBER 8, 2005.—Ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany S. 362] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, 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: 

SEC. 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. 

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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. 

(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 

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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 pursuant 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 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 Marine Debris Coordinating 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) IN GENERAL.—Not later than 360 days after the enactment of this Act, the 

Commandant of the Coast Guard shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science and Transportation of the Senate on the implementation of the 

provision of the 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. The report shall include—

(1) a review of the effectiveness of those provisions in reducing the discard 

of plastics and other garbage from vessels; 

(2) recommendations on cost effective actions to improve compliance with 

those provisions; 

(3) a review of the implementation of and compliance with requirements of 

those provisions that all United States ports and terminals maintain receptacles 

for disposing of plastics and other garbage, including whether a sufficient quantity of such facilities exists at all such ports and terminals; 

(4) an assessment of the potential economic impacts and technical feasibility 

of requiring a vessel operator to log the disposal of plastics and other garbage, 

including at a minimum, the time, date, type of garbage, quantity, and location 

of discharge by latitude and longitude or, if discharged on land, the name of 

the port where such material is offloaded for disposal; 

(5) an assessment of the potential economic impacts and technical feasibility 

of methods to improve ship-board waste management; and 

(6) a strategy to promote international cooperation to reduce marine debris. 

(b) VOLUNTARY REPORTING PROGRAM.—The Commandant of the Coast Guard shall 

develop a voluntary reporting program and establish a central reporting location to 

receive information from commercial vessel operators, recreational boaters, and the 

general public regarding incidents of damage to vessels caused by marine debris and 

observed violations of existing laws and regulations relating to disposal of plastics 

and other marine debris. The voluntary program developed under this subsection 

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shall be designed to encourage United States-flag vessels to notify the Coast Guard 

of ports in other countries that lack adequate port reception facilities for garbage. 

(c) VOLUNTARY MEASURES.—The Commandant of the Coast Guard shall develop 

voluntary measures to prevent and reduce the loss and discard of fishing gear from 

vessels. 

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 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.’’; 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 Infrastructure 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; 

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(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 5’’, 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 

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

PURPOSE OF THE BILL

The purpose of S. 362 is 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 

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marine environment and navigation safety, in coordination with 

non-federal entities, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The term ‘‘marine debris’’ refers to the trash or litter that floats 

around the world’s oceans or washes up on beaches. Marine debris 

comes from a variety of sources on land and at sea. Eighty percent 

of marine debris comes from land-based sources, and includes such 

items as cigarette filters, food wrappers, caps and lids. The remaining 20 percent comes from ocean-based activities, which produces 

debris such as lost or abandoned fishing gear, galley waste, and 

trash from ships and offshore oil and gas facilities. 

The pervasiveness of marine debris and its potential adverse effect on marine organisms, ocean habitats, and human health and 

safety is of major concern. The life span of marine debris ranges 

from 2 weeks (for some paper products) to 450 years (in the case 

of plastics). Each year, marine mammals, sea turtles, fish and 

seabirds become entangled in marine debris or ingest plastics, 

causing serious health problems and fatalities. 

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 out 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); the Beaches Environmental Assessment and Coastal Health 

Act; and the Coastal Shore 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, the National Oceanic and Atmospheric Administration (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. 

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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. 

An entire chapter of the U.S. Commission on Ocean Policy report—An Ocean Blueprint for the 21st Century—was devoted to the 

topic of marine debris, emphasizing its status as a serious threat 

to our marine environment. It points out that although there have 

been various marine debris programs, no integrated efforts exist to 

address this growing problem and extensive gaps exist in the current laws. S. 362 will take a much needed step in coordinating the 

efforts of federal agencies to reduce and prevent marine debris. 

COMMITTEE ACTION

S. 362 was introduced on February 10,2005, by Senator Daniel 

Inouye (D–HI). S. 362 passed the Senate by unanimous consent on 

July 1,2005. In the House of Representatives, the bill was primarily referred to the Committee on Transportation and Infrastructure and additionally to the Committee on Resources. Within 

the Resources Committee, the bill was referred to the Subcommittee on Fisheries and Oceans. On September 29,2005, the 

Subcommittee held a hearing on the bill. On November 16,2005, 

the Full Resources Committee met to consider S. 362. The Subcommittee on Fisheries and Oceans was discharged from further 

consideration of the bill by unanimous consent. Chairman Richard 

Pombo (R–CA) offered an amendment in the nature of a substitute 

to clarify NOAA and USCG requirements, amend current law to reactivate the Interagency Marine Debris Coordinating Committee, 

and refine the reporting requirements in the bill. It was adopted 

by unanimous consent. The bill, as amended, was then ordered favorably reported to the House of Representatives by unanimous 

consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section cites the bill as the ‘‘Marine Debris Research, Prevention, and Reduction Act.’’

Section 2. Purposes 

This section lists the purposes of the bill which include: 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. NOAA Marine Debris Prevention and Removal Program 

This section would establish a Marine Debris Prevention and Removal Program within 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 would 

include 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 

would also include 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. 

This section would authorize 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. 

This section would establish a 50 percent cost share requirement. 

However, NOAA would be able to waive the cost share requirement 

if it determines that no reasonable means are available for the applicant to pay and the probable benefit of the project would outweigh the public interest in the matching requirement. If authorized by NOAA or the Attorney General, the non- federal share of 

the cost of a project 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. 

This section would also require NOAA to promulgate guidelines 

for implementation of the grant program, including development of 

criteria and priorities for grants. Grant priorities could include proposals that would reduce new sources of marine debris and provide 

additional benefits to the public, such as recycling of marine debris 

or use of biodegradable materials. In developing the guidelines, 

NOAA would be required to consult with the Interagency Marine 

Debris Coordinating Committee; Regional Fishery Management 

Councils; State, regional, and local government entities with marine debris experience; marine dependent industries; and nongovernmental organizations. 

This section would require NOAA 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 would be required to provide periodic reports as required by NOAA. 

Section 4. Coast Guard program 

This section would require the Commandant of the Coast Guard 

to report to Congress. The report should include a review of the effectiveness of the provisions of the MARPOL Annex V and the Act 

to Prevent Pollution from Ships; recommendations on cost effective 

actions to improve compliance with these provisions; a review on 

the implementation of an compliance with those provisions; assess 

the potential economic impacts and technical feasibility of requirVerDate Aug 31 2005 04:12 Dec 10, 2005 Jkt 049006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR332P1.XXX HR332P1
9 

ing a vessel operator to log the disposal of plastics and other garbage and methods to improve shipboard waste management; and a 

strategy to promote international cooperation to reduce marine debris. 

This section would also require the Commandant to develop a 

voluntary reporting program and establish a central reporting location to receive information from commercial vessel operators, recreational boaters, and the general public on vessel damage from 

marine debris. The voluntary reporting program would also be required to include any reports of violations of existing laws and regulations relating to the disposal of plastic and other marine debris 

and on the lack of adequate port receptacle facilities in foreign 

ports. 

Section 5. Interagency coordination 

This section amends section 2203 of the Marine Plastic Pollution 

Research and Control Act of 1987 to amend subsection (a) which 

established the Interagency Marine Debris Coordinating Committee to authorize the 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. 

Members of the Committee include NOAA, USCG, Environmental Protection Agency, and the U.S. Navy. Other agencies that 

have an interest in ocean issues or water pollution prevention and 

control that could also be members of the Committee include the 

National Aeronautics Space Administration, the Maritime Administration, U.S. Fish and Wildlife Service, the Department of State, as 

well as other interested federal agencies. 

This section would require 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. 

This section would require the Interagency Committee to submit 

two reports to Congress. The first report would be 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 

would be a biennial report that evaluates the United States and 

international progress in meeting the purposes of this Act. 

Section 6. Federal information clearinghouse 

This section would require 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 would be 

required to ensure the confidentiality of proprietary information required by the agency to be submitted by the fishing industry. 

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Section 7. Definitions 

This section defines the terms ‘‘Administrator,’’ ‘‘Interagency 

Committee,’’ ‘‘MARPOL,’’ ‘‘Annex V,’’ ‘‘Convention,’’ ‘‘U.S. Exclusive 

Economic Zone,’’ ‘‘Navigable Waters,’’ ‘‘Territorial Sea,’’ ‘‘Program,’’

and ‘‘State.’’

Section 8. Relationship to Outer Continental Shelf Lands Act 

This section states that nothing in this Act supercedes, or limits 

the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act. 

Section 9. Authorization of appropriations 

This section would authorize appropriations for NOAA and 

USCG for fiscal years 2006–2010. NOAA would receive $10 million 

each year and USCG would receive $2 million each year. Each 

agency would have a 10 percent cap on administrative costs. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(I) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is 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. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

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 and determine its sources 

and to 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 estimates that implementing S. 362 would cost $2 million in fiscal year 

2006 and $60 million over the 2006–2010 period. 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 in December 2005, 

that the authorized amounts will be appropriated for each year, 

and that outlays will follow historical spending patterns for similar 

activities of the agencies involved. 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

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

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

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 estimate: On March 18, 2005, CBO submitted a 

cost estimate for S. 362, the Marine Debris Research, Prevention, 

and Reduction Act, as ordered reported by the Senate Committee 

on Commerce, Science, and Transportation on March 10, 2005. The 

two versions of the legislation are very similar but, as reflected in 

the CBO estimate, the House version of S. 362 contains lower authorization levels for the USCG. The estimate for the House 

version also reflects a later assumed enactment date. 

Also, the Senate version of the legislation contains intergovernmental and private-sector mandates because it would require the 

Coast Guard to issue regulations to improve the disposal of plastics 

12 

and other garbage at ports. The mandates statements reflect these 

differences. 

Estimate prepared by: Federal Costs: Deborah Reis. Impact on 

State, Local, and Tribal Governments: Sara Puro. Impact on the 

Private Sector: Selena Caldera. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

(13) 

ADDITIONAL VIEWS OF REPRESENTATIVE FRANK 

PALLONE, JR. 

Marine debris remains a serious problem compromising the 

health of the global ocean environment. Each year, millions of marine mammals, sea turtles, fish and seabirds become entangled in 

marine debris or ingest plastics which they have mistaken for food. 

Both interactions often kill wildlife ultimately through starvation, 

exhaustion, poisoning or infection from deep wounds or internal injuries. An estimated 1,267 different marine species have been reported to have been entangled in or to have ingested marine debris. 

Humans can also be affected directly by marine debris. Swimmers 

and divers can become entangled in abandoned netting and fishing 

line and beach users can be injured by stepping on broken glass, 

cans, needles or other litter. Marine debris also acts as a navigational hazard by entangling propellers and clogging cooling water 

intake valves. Furthermore, floating debris is visually unappealing 

and can result in lost tourism revenues. For example, New Jersey 

lost an estimated $2 billion in tourist revenue during the 1987–88 

beach seasons as a result of hazardous debris, especially medical 

waste, washing ashore. 

The U.S. Commission on Ocean Policy (Commission) devoted an 

entire chapter to this matter in its Final Report, released on September 20, 2004. The Commission determined that current Federal 

efforts are insufficient to address the global scale of the problem 

and recommended several action steps. Summarizing, the Commission advocated the reestablishment of a marine debris program 

within the National Oceanic and Atmospheric Administration 

(NOAA), better Federal interagency coordination, development of 

public private partnerships with local governments, community 

groups and industry, enhancement of public outreach and education, better enforcement of existing laws, assurance of adequate 

facilities to dispose of ship wastes, and development of an international plan of action to target derelict fishing gear. 

For these reasons I introduced in the House identical companion 

legislation (H.R. 3692) to S. 362. Sadly, the Committee-passed legislation departs from the spirit and intent of the bill that passed 

through the Senate by unanimous consent on July 1, 2005. In its 

haste to report legislation, the majority insisted on re-writing portions of the Senate-passed bill to retard the full measure of the 

Commission’s recommendations, particularly provisions relevant to 

regulatory and enforcement activities of the United States Coast 

Guard. That the bill was reported in a bipartisan manner reflects 

more a recognition by myself and other Democrat members of the 

seriousness of the problem and the need for congressional action 

rather than a consensus endorsement of the Committee’s final 

product. This legislation should be considered a work in progress 

rather than finished legislation and I urge that the bill, as reVerDate Aug 31 2005 04:12 Dec 10, 2005 Jkt 049006 PO 00000 Frm 00013 Fmt 6604 Sfmt 6604 E:\HR\OC\HR332P1.XXX HR332P1
14 

ported, be refined and improved to recapture the intent of the Commission’s recommendations, either during subsequent consideration 

by the House Committee on Transportation and Infrastructure or 

during conference committee deliberations with the other body. 

The bill reported by the Committee could have retained important provisions from the Senate companion. Cumulatively, these 

provisions would have a net positive impact on controlling and 

eliminating marine debris, and according to the Congressional 

Budget Office, at negligible cost to the economy. The following specific items should be reincorporated into a final House bill. • Strengthening of Coast Guard Enforcement Activities. Section 4 of the Committee’s reported bill would require the Coast 

Guard to report within one year on its marine debris enforcement activities and develop voluntary measures to reduce marine debris. In contrast, Section 4 of the Senate-passed bill 

would require the Coast Guard to undertake economically feasible and cost-effective measures to reduce violations regarding 

vessel discard of plastics and other garbage, adopt regulations 

to require ports and terminals to better provide facilities and 

methods to track disposal of vessel wastes, close vessel waste 

disposal record keeping gaps, and improve shipboard waste 

management. These provisions are consistent with existing 

International Maritime Organization (IMO) guidelines adopted 

under MARPOL Annex V and Section 6 of the Act to Prevent 

Pollution from Ships (33 U.S.C. 1905). They also mirror recommendations by the Commission. • Development of a Genuine International Strategy. Section 6 

of the Senate-passed bill directs a newly established Interagency Marine Debris Committee to develop an international 

strategy to reduce marine debris. This strategy would have 

binding implications in international and regional agreements, 

strengthen international compliance with MARPOL Annex V, 

and enhance marine debris data collection, identification and 

monitoring. The Committee’s reported bill de-emphasizes this 

important provision by eliminating it as a directive and by subordinating mention of it within a new biennial report on domestic activities to be issued by a re-established Interagency 

Marine Debris Coordinating Committee. Such a revision is contrary to both the broad intent of the Commission’s recommendations, especially the specific recommendation to take 

action internationally to address lost, discarded or abandoned 

fishing gear. 

• Restore Coast Guard Funding Authorization. The Senatepassed legislation authorized $5 million per year for fiscal 

years 2006 to 2010 for Coast Guard implementation of the 

bill’s requirements. The Committee’s reported bill cuts annual 

Coast Guard funding by 60 percent to $2 million per year. 

Should the legislation be subsequently revised to re-incorporate these other important Coast Guard directives, higher 

authorized funding levels should be restored. 

FRANK PALLONE, Jr. 

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