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[House Report 109-332]
[From the U.S. Government Publishing Office]

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.

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 
        prevention.--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 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 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;
                  (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 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.
    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 ReductionAct.''

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.

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 requiring 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 thepurposes 
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.

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:

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 
December2005, 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 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.

         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 reported, 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 Senate-passed 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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