U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–161 

Calendar No. 367 

THE TRASH FREE SEAS ACT OF 2011 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1119 

APRIL 25, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

JARROD THOMPSON, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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112TH CONGRESS REPORT " ! SENATE 2d Session 112–161 

THE TRASH FREE SEAS ACT OF 2011 

APRIL 25, 2012.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1119] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1119) to reauthorize and improve 

the Marine Debris Research, Prevention, and Reduction Act, and 

for other purposes, having considered the same, reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1119, the Trash Free Seas Act of 2011, is to 

reauthorize and update the Marine Debris Research, Prevention, 

and Reduction Act of 2006. The bill, as reported, would reauthorize 

and strengthen the authorities of the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Coast Guard to identify, assess, remove, and prevent marine debris and its adverse impacts to the marine environment, the United States economy, 

human health, and navigational safety. The bill would authorize 

appropriations for fiscal year (FY) 2012 through FY 2016. 

BACKGROUND AND NEEDS

Marine debris, persistent solid material disposed of or abandoned 

into the marine environment, is a pervasive and growing global 

pollution problem. Land-based sources contribute an estimated 80 

percent of marine debris, followed by ocean-based sources including 

lost or abandoned fishing gear, galley waste and other trash from 

ships, and offshore infrastructure. 

Marine debris can injure, kill, or contaminate marine life, including threatened or endangered marine mammals, sea turtles, and 

sea birds. Each year, millions of these animals ingest or become entangled in marine debris that they have mistaken for food. This 


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problem is particularly acute in the Hawaiian Islands, where converging ocean currents carry large amounts of trash to remote 

beaches and negatively impact protected species, such as the endangered Hawaiian monk seal. 

Humans can also be directly affected by marine debris. Swimmers and divers can become entangled in abandoned netting and 

fishing lines. Beach users can be injured by stepping on broken 

glass, cans, needles, or other litter. Floating debris is visually unappealing and can result in lost tourism revenues. Furthermore, 

marine debris acts as a navigational hazard to fishing and recreational boats by entangling propellers and clogging cooling water 

intake valves. 

The severity of the marine debris problem in the United States 

was officially recognized in the 2004 Final Report of the Congressionally authorized U.S. Commission on Ocean Policy, which devoted an entire chapter to the issue. The Ocean Commission advocated strengthening interagency efforts and public-private partnerships to promote monitoring, prevention, reduction, and public 

awareness of marine debris and its impacts. It also recommended 

development of an international plan of action to target derelict 

fishing gear, which is a serious and persistent source of marine debris. 

In 2006, the 109th Congress passed the Marine Debris Research, 

Prevention, and Reduction Act (MDRPRA)(33 U.S.C. 1951 et seq.). 

MDRPRA addressed many of the Ocean Commission recommendations related to marine debris by establishing: (1) a Marine Debris 

Prevention and Removal Program within NOAA to reduce and prevent adverse impacts of marine debris on the marine environment 

and navigational safety; (2) marine debris mapping, identification, 

prevention, and removal efforts; (3) public education and outreach 

efforts; and (4) programs for research and development of gear alternatives to reduce the threat to the marine environment and to 

enhance the tracking, recovery, and identification of lost gear. 

MDRPRA also authorized NOAA to establish a competitive grants 

program (with a 50 percent non-Federal match requirement) made 

available to States and other eligible groups to encourage cooperative approaches to addressing marine debris concerns, as well as a 

NOAA-administered information database on marine debris to assist in identifying sources and devising prevention strategies. 

MDRPRA also directed the Coast Guard to improve its enforcement of MARPOL Annex V and the Act to Prevent Pollution from 

Ships (33 U.S.C. 1901 et seq.), regulations designed to prevent 

ship-based pollution from plastics and other garbage. MDRPRA authorized the development and implementation of regulations requiring U.S. fishing vessels to report the loss and recovery of fishing gear, as well as regulations to improve ship-board waste management and ensure that ports and terminals have adequate waste 

receptacles. 

As recommended by the Ocean Commission, MDRPRA also re-established and strengthened the Interagency Committee on Marine 

Debris to reinvigorate marine debris research and activities among 

Federal agencies and in cooperation with non-governmental entities. The Interagency Committee was directed to prepare an Interagency Report on Marine Debris Impacts and Strategies within 12 

months of enactment. MDRPRA also directed the Interagency ComVerDate Mar 15 2010 07:36 Apr 26, 2012 Jkt 019010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR161.XXX SR161

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mittee to develop a strategy to pursue international action to reduce the incidence of marine debris through the International Maritime Organization and other appropriate international and regional forums. MDRPRA authorized to be appropriated $10 million per year for NOAA, and $2 million per year for the Coast Guard to implement 

their respective programs under the Act for FY 2006 to FY 2010. 

SUMMARY OF PROVISIONS

S. 1119, the Trash Free Seas Act of 2011, would reauthorize and 

update MDRPRA to reflect the sources and extent of the marine 

debris problem that has developed since the passage of the original 

Act. Specifically, S. 1119 would: (1) focus greater attention on the 

removal of marine debris and marine debris impacts to navigational safety and the economy; (2) clarify the ‘‘research and assessment’’ and ‘‘reduction, prevention, and removal’’ components of the 

NOAA program as distinct efforts; (3) highlight functions of the 

NOAA program, including research and assessment of plastics, tool 

and product development, regional coordination of local marine debris activities, and promotion of international action on marine debris; (4) conduct research on the resiliency of shorelines to marine 

debris impacts; and (5) develop interagency action plans and research to enable adequate preparation for and timely response to 

a severe marine debris event caused by a natural disaster, including a tsunami, flood, landslide, or hurricane. The bill does not 

make changes to the Coast Guard program. S. 1119 would maintain the currently authorized annual funding levels—$10 million 

for activities to be carried out by NOAA and $2 million for activities to be carried out by the Coast Guard—through FY 2016. 

LEGISLATIVE HISTORY

On May 26, 2011, in the 112th Congress, Senator Inouye introduced S. 1119, the Trash Free Seas Act of 2011, cosponsored by 

Senators Rockefeller, Begich, Snowe, and Murkowski. At its Executive Session on November 2, 2011, the Committee agreed by voice 

vote to report the bill favorably with two amendments. One amendment offered by Senator Cantwell would authorize the development 

of interagency action plans and research to bolster preparedness 

for severe marine debris events, such as those caused by a tsunami 

or other natural disaster. The other amendment offered by Senator 

Wicker would initiate research on shoreline resiliency to marine debris impacts. 

A similar marine debris bill, H.R. 1171, the Marine Debris Act 

Reauthorization Amendments of 2011, was introduced on March 

17, 2011, and referred to the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House 

of Representatives. H.R. 1171 is sponsored by Representatives 

Farr, Young, and many additional Members. 

ESTIMATED COSTS

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

Rules of the Senate and section 403 of the Congressional Budget 

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

prepared by the Congressional Budget Office: 


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S. 1119—Trash Free Seas Act of 2011 

Summary: S. 1119 would reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act. The bill would authorize the appropriation of $12 million annually for the National 

Oceanic and Atmospheric Administration (NOAA) and the U.S. 

Coast Guard (USCG) to carry out activities to reduce the amount 

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

and coastal areas. 

Assuming appropriation of the authorized amounts, CB0 estimates that implementing the legislation would cost $47 million 

over the 2012–2016 period and $13 million after 2016. Enacting S. 

1119 would not affect direct spending or revenues; therefore, payas-you-go procedures do not apply. 

S. 1119 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1119 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2012– 

2016 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Research and Data Collection: 

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

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

Enhanced Enforcement: 

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

Estimated Outlays ............................................................... 1 2 2 2 2 9 

Total Changes: 

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

Estimated Outlays ...................................................... 3 9 11 12 12 47 

Basis of estimate: For this estimate, CBO assumes that S. 1119 

will be enacted early in 2012 and that the authorized amounts will 

be appropriated for each fiscal year. Estimated outlays are based 

on historical spending patterns for similar NOAA and USCG activities. 

S. 1119 would authorize the appropriation of $10 million a year 

over the 2012–2016 period for NOAA to expand the Marine Debris 

Program to include additional research, planning, reporting, and 

data collection related to reducing marine debris. In 2011, NOAA 

spent about $4 million to carry out activities related to the program. The bill also would authorize $2 million a year over the 

2012–2016 period for USCG to improve enforcement of existing 

laws and treaties that address ocean pollution at sea. USCG did 

not receive a specified appropriation in 2011 to carry out activities 

related to the Marine Debris program. Assuming appropriation of 

the authorized amounts, CBO estimates that implementing the legislation would cost $47 million over the 2012–2016 period and $13 

million after 2016. 

Pay-As-You-Go Considerations: None. 

Intergovernmental and private-sector impact: S. 1119 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

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


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Estimate prepared by: Federal Costs: Jeff LaFaye; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

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

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

NUMBER OF PERSONS COVERED

S. 1119 would reauthorize small programs within NOAA and the 

Coast Guard to identify, assess, remove, and prevent marine debris 

and its adverse impacts to the marine environment, U.S. economy, 

human health, and navigational safety. It would make no changes 

to Coast Guard’s existing authority to develop regulations to reduce 

violations of the provisions of MARPOL Annex V and the Act to 

Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) requiring 

that U.S. ports and terminals maintain waste disposal receptacles 

for plastics and other garbage. The legislation also would not 

amend the Coast Guard’s existing authority to develop regulations 

regarding vessel waste disposal records and ship-board waste management; therefore, individuals or businesses that generate waste 

on-board ships could become subject to regulations if developed. 

ECONOMIC IMPACT

The bill would authorize $10 million to the Administrator of 

NOAA and $2 million to the Secretary of the department in which 

the Coast Guard is operating for each fiscal year from 2012 

through 2016. These funding levels are modest and are not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The Coast Guard authorities reauthorized in the bill may lead to 

changes in the reporting requirements in the private sector for detailing ship-board waste, but the legislation is not expected to have 

any adverse impact on the personal privacy of individuals. 

PAPERWORK

The Coast Guard regulations reauthorized in the bill may lead 

to periodic changes in the paperwork requirements for recording 

and reporting ship-board waste, including loss and recovery of fishing gear. 

CONGRESSIONALLY DIRECTED SPENDING

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

Rules of the Senate, the Committee provides that no provisions 

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


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides the short title of the bill, the ‘‘Trash Free 

Seas Act of 2011.’’ 

Section 2. Modification of purposes of Marine Debris Research, Prevention, and Reduction Act 

This section would refine the purposes of MDRPRA to focus 

greater attention on the removal of marine debris and marine debris impacts to navigational safety and the economy. 

Section 3. Revision of National Oceanic and Atmospheric Administration Marine Debris Program 

Subsection (a) would rename NOAA’s Marine Debris Prevention 

and Removal Program the Marine Debris Program. 

Subsection (b) would expand the NOAA program’s purposes defined under the original Act to include research and assessment in 

addition to reduction and prevention of marine debris, and to include reduction of negative impacts of marine debris on the economy, as well as on the marine environment and navigation safety. 

Subsection (c) would revise the components of NOAA’s marine 

debris program to clarify a distinction between research and assessment efforts with efforts to prevent, reduce, and remove occurrence and impacts of marine debris. Whereas MDRPRPA placed an 

emphasis on addressing derelict fishing gear, this section would refocus efforts to include all marine debris and would add a new section directing NOAA to work with other Federal agencies to address land-based sources of marine debris. This section would add 

new provisions directing NOAA to: (1) provide national and regional coordination to assist States, Indian tribes, and regional organizations in addressing local national marine debris issues; (2) 

promote international action to reduce the incidence of marine debris; (3) develop and disseminate tools and products resulting from 

efforts to address marine debris; (4) conduct research on the resiliency of shorelines to marine debris impacts; and (5) develop interagency action plans and research to enable adequate preparation 

for and timely response to a severe marine debris event caused by 

a natural disaster, including a tsunami, flood, landslide, or hurricane. 

Subsection (d) would allow the NOAA Administrator greater 

flexibility in prescribing grant criteria and guidelines, and would 

require that applicants for and recipients of awarded grants comply 

with such criteria and guidelines. 

Section 4. Expansion of Federal Information Clearinghouse 

Paragraph (1) would expand the purpose of the information 

clearinghouse on marine debris to include improving best practices 

by entities that contribute to the marine debris problem. 

Paragraph (2) would expand the types of industries that may be 

required to submit information to the clearinghouse to include 

other for-profit industries in addition to the fishing industry. 


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Section 5. Definition of marine debris 

Subsection (a) would add a definition of ‘‘marine debris’’ to the 

Definitions section of MDRPRA. 

Subsection (b) would direct the Interagency Marine Debris Coordinating Committee to submit a biennial report to Congress that 

includes: (1) the status of implementation of recommendations and 

strategies of the Interagency Committee and an analysis of their effectiveness; (2) a summary of the NOAA marine debris inventory; 

(3) a review of NOAA’s Marine Debris Program; (4) a review of the 

Coast Guard programs related to marine debris removal; and (5) 

estimated Federal and non-Federal funding provided for marine debris and recommendations for priority funding levels. 

Section 6. Extension of authorization of appropriations 

This section would extend previous annual authorization levels 

($10 million for activities carried out by NOAA; $2 million for activities carried out by Coast Guard) through FY 2016. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

MARINE DEBRIS RESEARCH, PREVENTION, AND 

REDUCTION ACT 

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

SEC. 2. PURPOSES. 

[33 U.S.C. 1951] 

The purposes of this Act are— 

ø(1) to help identify, determine sources of, assess, reduce, 

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

(1) to address the adverse impacts of marine debris on the 

marine environment, navigation safety, and the United States 

economy through research, source identification, assessment, reduction, removal, and prevention; 

(2) to reactivate the Interagency Marine Debris Coordinating 

Committee; and 

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

SEC. 3. NOAA MARINE DEBRIS øPREVENTION AND REMOVAL¿ PROGRAM. 

[33 U.S.C. 1952] 

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

the National Oceanic and Atmospheric Administration, a øMarine 

Debris Prevention and Removal Program¿ Marine Debris Program 

to øreduce and prevent¿ research, assess, reduce, and prevent the 

occurrence and adverse impacts of marine debris on the marine environment øand navigation safety.¿, navigation safety, and the 

United States economy. 


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

the Program and subject to the availability of appropriations, shall 

carry out the following activities: 

ø(1) MAPPING, IDENTIFICATION, IMPACT ASSESSMENT, RE- MOVAL, 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— 

ø(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; 

ø(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 

ø(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. 

ø(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— 

ø(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 

ø(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. 

ø(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 


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2204 of the Marine Plastic Pollution Research and Control Act 

of 1987 (33 U.S.C. 1915).¿ 

(1) RESEARCH AND ASSESSMENT.—The Administrator shall, 

in consultation with relevant Federal agencies, undertake marine debris research and assessment, reduction and prevention 

efforts, with a focus on marine debris posing a threat to living 

marine resources, the marine environment, navigation safety, or 

the United States economy, including the following: 

(A) Research and assessment of derelict fishing gear. 

(B) Research and assessment of plastics, with respect to 

the health of the marine environment. 

(C) The establishment of a process for maintaining an inventory of marine debris types and their impacts found in 

the navigable waters of the United States and the United 

States exclusive economic zone, including impacts on living 

marine resources, the marine environment, navigation safety, and the United States economy. 

(D) 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. 

(2) PREVENT, REDUCE, AND REMOVE OCCURRENCE AND IMPACTS.—The Administrator shall undertake efforts to prevent, 

reduce, and remove the occurrence and impacts of marine debris, including the adverse impacts of derelict fishing gear, including by— 

(A) working with other Federal agencies to address landbased sources of marine debris; 

(B) conducting 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; 

(C) conducting research— 

(i) related to shoreline resiliency to marine debris impacts; and 

(ii) for purposes of— 

(I) navigation safety; 

(II) protecting living marine resources; 

(III) protecting the marine environment; or 

(IV) protecting the economy of the United States; 

(D) developing effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; 

(E) developing interagency action plans for the preparation for, and timely response to, a severe marine debris 

event that include— 

(i) plans to coordinate State, tribal, and local governments which respond to other types of marine debris to 

ensure adequate, timely, and efficient response; 

(ii) utilizing appropriate Federal agencies and departments, State, tribal, and local governments, including the Interagency Committee, to assess the 


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unique and unknown potential impacts of a severe marine debris event; and 

(iii) adequately prioritizing response needs for a severe marine debris event, including assessing— 

(I) potential impacts to human health; 

(II) potential impacts to natural resources; 

(III) potential impacts to navigation safety; 

(IV) potential impacts to livestock and aquaculture health; and 

(V) models capable of projecting debris volume 

and trajectory to allow the committee to prioritize 

and direct resources to regional response programs; 

(F) carrying out research relating to assessing the potential economic impacts of severe marine debris events on the 

economies of coastal States, including impacts to fishing, 

shipping, transportation, aquaculture, ecotourism, and 

other industries, as the Administrator considers appropriate; 

(G) developing and implementing strategies, methods, 

priorities, and a plan for tracking, preventing, and removing marine debris that is in, or likely to enter, United 

States navigable waters or the United States exclusive economic zone, including the development of local or regional 

protocols for removal of derelict fishing gear and other marine debris; 

(H) providing national and regional coordination to assist States, Indian tribes, and regional organizations in addressing local marine debris issues; 

(I) promoting international action to reduce the incidence 

of marine debris; and 

(J) developing and disseminating tools and products related to the activities described in subparagraphs (A) 

through (I). 

(3) OUTREACH AND EDUCATION.— 

(A) IN GENERAL.—The Administrator shall undertake 

outreach and education of the public and other stakeholders, such as the fishing industry, fishing gear manufacturers, 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, 

remove, and prevent marine debris and its adverse impacts 

on the marine environment, navigation safety, and the 

United States economy, including outreach and education 

activities through public-private initiatives. 

(B) COORDINATION.—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 


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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 CON- SENT.— 

(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. 

ø(5) GRANT CRITERIA AND GUIDELINES.—Within 180 days 

after the date of the enactment of this Act, the Administrator 

shall promulgate necessary guidelines for implementation of 

the grant program, including development of criteria and priorities for grants. In developing those guidelines, the Administrator shall consult with— 

ø(A) the Interagency Committee; 

ø(B) regional fishery management councils established 

under the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.); 

ø(C) State, regional, and local governmental entities 

with marine debris experience; 

ø(D) marine-dependent industries; and 

ø(E) nongovernmental organizations involved in marine 

debris research, prevention, or removal activities.¿ 

(5) GRANT CRITERIA AND GUIDELINES.—Applicants for and recipients of grants awarded under this subsection shall comply 

with such criteria and guidelines as the Administrator shall 

prescribe to carry out the provisions of this subsection. 


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(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. 

øSEC. 5. INTERAGENCY COORDINATION. 

[33 U.S.C. 1954] 

ø(a) [Omitted] 

ø(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. 

ø(c) REPORTS.— ø(1) INTERAGENCY REPORT ON MARINE DEBRIS IMPACTS AND

STRATEGIES. ø(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— 

ø(i) identifies sources of marine debris; 

ø(ii) the ecological and economic impact of marine 

debris; 

ø(iii) alternatives for reducing, mitigating, preventing, and controlling the harmful affects of marine 

debris; 

ø(iv) the social and economic costs and benefits of 

such alternatives; and 

ø(v) recommendations to reduce marine debris both 

domestically and internationally. 

ø(B) RECOMMENDATIONS.—The report shall provide 

strategies and recommendations on— 

ø(i) establishing priority areas for action to address 

leading problems relating to marine debris; 

ø(ii) developing strategies and approaches to prevent, reduce, remove, and dispose of marine debris, including through private-public partnerships; 

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

ø(iv) ensuring Federal cooperation with, and assistance to, the coastal States (as that term is defined in 


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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. 

ø(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— 

ø(A) the status of implementation of any recommendations and strategies of the Interagency Committee and 

analysis of their effectiveness; 

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

maintained by the National Oceanic and Atmospheric Administration; 

ø(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; 

ø(D) a review of Coast Guard programs and accomplishments relating to marine debris removal, including enforcement and compliance with MARPOL requirements; 

and 

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

funding needs.¿ 

SEC. 5. BIENNIAL PROGRESS REPORTS OF THE INTERAGENCY MARINE 

DEBRIS COORDINATING COMMITTEE. 

(a) IN GENERAL.—Not less frequently than once every 2 years, the 

Interagency Marine Debris Coordinating Committee established 

pursuant to section 2203(a) of the Marine Plastic Pollution Research 

and Control Act of 1987 (33 U.S.C. 1914(a)) (in this section referred 

to as the ‘‘Interagency Committee’’) shall, acting through the chairperson of the Interagency Committee, submit to the Committee on 

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

Natural Resources of the House of Representatives a report that 

evaluates United States and international progress in meeting the 

purposes of this Act. 

(b) CONTENTS.—Each report submitted pursuant to subsection (a) 

shall include the following: 

(1) The status of implementation of any recommendations 

and strategies of the Interagency Committee and analysis of 

their effectiveness. 

(2) A summary of the marine debris inventory to be maintained by the National Oceanic and Atmospheric Administration. 


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(3) A review of the Marine Debris Program established by section 3, including projects funded and accomplishments relating 

to reduction and prevention of marine debris. 

(4) A review of Coast Guard programs and accomplishments 

relating to marine debris removal, including enforcement and 

compliance with MARPOL requirements. 

(5) Estimated Federal and non-Federal funding provided for 

marine debris and recommendations for priority funding needs. 

SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE. 

[33 U.S.C. 1955] 

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, øand monitoring efforts¿ monitoring efforts, and 

best practices 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 or other forprofit industries under this section. 

SEC. 7. DEFINITIONS. 

[33 U.S.C. 1956] 

In this Act: 

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

Administrator of the National Oceanic and Atmospheric Administration. 

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

Committee established under section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 

1914). 

(3) UNITED STATES EXCLUSIVE ECONOMIC ZONE.—The term 

‘‘United States exclusive economic zone’’ means the zone established by Presidential Proclamation Numbered 5030, dated 

March 10, 1983, including the ocean waters of the areas referred to as ‘‘eastern special areas’’ in article 3(1) of the Agreement between the United States of America and the Union of 

Soviet Socialist Republics on the Maritime Boundary, signed 

June 1, 1990. 

(4) MARPOL; ANNEX V; CONVENTION.—The terms 

‘‘MARPOL’’, ‘‘Annex V’’, and ‘‘Convention’’ have the meaning 

given those terms under section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)). 

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

waters of the United States, including the territorial sea. 

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

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

(7) PROGRAM.—The term ‘‘Program’’ means the øMarine Debris Prevention and Removal Program¿ Marine Debris Program established under section 3. 


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(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. 

(9) MARINE DEBRIS.—The term ‘‘marine debris’’ means any 

persistent solid material that is manufactured or processed and 

directly or indirectly, intentionally or unintentionally, disposed 

of or abandoned into the marine environment or the Great 

Lakes. 

(10) SEVERE MARINE DEBRIS EVENT.—The term ‘‘severe marine debris event’’ means a period, as determined by the Administrator, of atypically large amounts of marine debris inside, or 

about to enter, the United States exclusive economic zone caused 

by— 

(A) a natural disaster, including a tsunamis, flood, landslide, or hurricane; or 

(B) any other source, as identified by the Administrator. 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 1958] 

There are authorized to be appropriated for each fiscal year 2006 

øthrough 2010—¿ through 2016— 

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

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

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

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

more than 10 percent may be used for administrative costs. 

Æ 


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