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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1459 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1459

To make improvements in the protection of coastal waters, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 15 (legislative day, September 7), 1993

 Mr. Lautenberg (for himself and Mr. Bradley) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
To make improvements in the protection of coastal waters, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coastal Waters 
Improvement Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                 TITLE I--BEACH TESTING AND MONITORING

Sec. 101. Purpose.
Sec. 102. Water quality criteria and standards.
Sec. 103. Coastal beach water quality monitoring.
Sec. 104. Study to identify indicators of human-specific pathogens in 
                            coastal recreation waters.
Sec. 105. Grants to States.
Sec. 106. Definitions.
Sec. 107. Authorization of appropriations.
                      TITLE II--COASTAL PROTECTION

Sec. 201. References to the Federal Water Pollution Control Act.
Sec. 202. Policy.
Sec. 203. Coastal environment toxics release assessment.
Sec. 204. National estuary program.
Sec. 205. Priority marine waters.
Sec. 206. National marine water quality education program.
Sec. 207. Marine sanitation devices.
Sec. 208. Marine water quality criteria and standards.
Sec. 209. Ocean discharge criteria.
Sec. 210. Combined sewer overflow control assistance.
Sec. 211. Definitions.
Sec. 212. Federal agency responsibilities.
Sec. 213. Reports and studies.
                    TITLE III--POLLUTION FROM SHIPS

Sec. 301. Definition of operator.
Sec. 302. Prevention of pollution from ships.
Sec. 303. Marine plastic pollution research and control.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the beaches of the United States are a valuable public 
        resource used for recreation by millions of people annually;
            (2) the beaches of coastal States are hosts to many out-of-
        State and international visitors;
            (3) tourism in the coastal zone generates billions of 
        dollars annually;
            (4) increased population has contributed to the decline in 
        the environmental quality of coastal waters;
            (5) pollution in coastal waters is not restricted by State 
        and other political boundaries;
            (6) since each coastal State has its own method of testing 
        the quality of its coastal recreation waters, varying degrees 
        of protection are provided to the public;
            (7) the adoption of standards by coastal States for 
        monitoring the quality of coastal recreation waters, and the 
        posting of signs at beaches notifying the public during periods 
        when the standards are exceeded, would enhance public health 
        and safety;
            (8) the marine and coastal waters of the United States have 
        substantial and direct importance to a large segment of the 
        population of the United States;
            (9) the marine and coastal waters, including estuaries, are 
        vital and productive natural ecosystems;
            (10) the marine and near coastal waters support commercial 
        and recreational fisheries, with an annual value estimated at 
        over $12,000,000,000 per year;
            (11) the marine and coastal waters support extensive 
        recreational activities and related support services;
            (12) the maintenance and protection of the environmental 
        quality of the marine and coastal waters of the United States 
        is essential to the commercial and recreational activities the 
        waters support;
            (13) a report by the Office of Technology Assessment of 
        Congress found that the overall health of estuaries and coastal 
        waters is declining or threatened;
            (14) recent studies and reports provide evidence that many 
        areas of the marine environment have been degraded or are 
        threatened by sources of pollution, including industrial and 
        municipal waste disposal, urban and agricultural runoff, 
        inadequately controlled development, and habitat destruction;
            (15) studies by the National Oceanic and Atmospheric 
        Administration and the Environmental Protection Agency have 
        identified unexpectedly high levels of contaminants in a number 
        of coastal areas;
            (16) the National Estuary Program is successfully 
        addressing water pollution problems in high priority coastal 
        areas and the program should be expanded and strengthened;
            (17) there is a need to better identify impaired coastal 
        waters and to expand and improve programs for the control of 
        point and nonpoint sources of pollution to the waters;
            (18) ocean discharge criteria need to be used more 
        effectively in issuing permits for discharges to impaired 
        coastal waters;
            (19) discharges of sewage from vessels can impair coastal 
        waters, and controls over the discharges should be improved;
            (20) there is a need to expand and expedite the process of 
        developing water quality criteria that set enforceable water 
        quality standards for coastal waters;
            (21) overflows from combined storm and sanitary sewers pose 
        a significant threat to water quality, and the Federal 
        Government should provide additional financial assistance to 
        communities seeking to correct overflow problems;
            (22) the enforcement by the Coast Guard of the Act to 
        Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), as 
        amended by this Act, is critical to the implementation of such 
        Act;
            (23) the Animal and Plant Health Inspection Service of the 
        Department of Agriculture (referred to in this section as 
        ``APHIS'') has regular contact with vessels that are subject to 
        the requirements of such Act;
            (24) minor changes in procedures under such Act, and 
        improved coordination between APHIS and the Coast Guard, would 
        provide information to the Coast Guard that would facilitate 
        the enforcement of requirements relating to dumping of certain 
        wastes under such Act;
            (25) the underutilization of adequate waste reception 
        facilities at ports and terminals worldwide is largely a result 
        of--
                    (A) inconsistent fee structures at ports and 
                terminals; and
                    (B) inadequate enforcement of violations of the 
                dumping requirements referred to in paragraph (24);
            (26) although each port or terminal that has received 
        certification by the Secretary of Transportation of the 
        adequacy of the port or terminal to accept for disposal waste 
        that is regulated under such Act, there have been reports from 
        officials of vessels that certain ports and terminals have 
        refused to accept for disposal certain types of waste; and
            (27) in light of the situation referred to in paragraph 
        (26) and other reports of insufficient compliance of ports and 
        terminals with requirements to accept waste, the enforcement of 
        the certification of ports and terminals is inadequate.

                 TITLE I--BEACH TESTING AND MONITORING

SEC. 101. PURPOSE.

    The purpose of this title is to require uniform procedures for 
beach testing and monitoring to protect public safety and improve the 
environmental quality of coastal recreation waters.

SEC. 102. WATER QUALITY CRITERIA AND STANDARDS.

    (a) Issuance of Criteria.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the 
end the following new paragraph:
            ``(9) Coastal recreation waters.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of this paragraph, the 
                Administrator shall, after consulting with the heads of 
                appropriate Federal agencies, departments and agencies 
                of States, and other interested persons, issue (and 
                review and revise from time to time thereafter) water 
                quality criteria for pathogens in coastal recreation 
                waters. The criteria shall--
                            ``(i) be based on the best available 
                        scientific information;
                            ``(ii) be sufficient to protect public 
                        health and safety in the case of any reasonably 
                        anticipated exposure to pollutants as a result 
                        of swimming, bathing, or other body contact 
                        activity; and
                            ``(iii) include specific numeric criteria 
                        calculated to reflect public health risks from 
                        short-term increases in pathogens in coastal 
                        recreation waters resulting from rainfall, 
                        malfunctions of wastewater treatment works, and 
                        other causes.
                    ``(B) Coastal recreation waters defined.--As used 
                in this paragraph, the term `coastal recreation waters' 
                means Great Lakes and marine coastal waters commonly 
                used by the public for swimming, bathing, or other 
                similar body contact purposes.''.
    (b) Standards.--
            (1) Adoption of standards by states.--
                    (A) In general.--Each State shall adopt water 
                quality standards for coastal recreation waters that, 
                at a minimum, are consistent with the criteria 
                published by the Administrator under paragraph (9) of 
                section 304(a) of the Federal Water Pollution Control 
                Act (33 U.S.C. 1314(a)) (as added by subsection (a)) 
                not later than 3 years after the date of the 
                publication of the criteria.
                    (B) Development of standards.--The water quality 
                standards shall be developed in accordance with the 
                requirements of section 303(c) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1313(c)).
                    (C) State programs.--The State shall incorporate 
                the standards into all appropriate programs with 
                respect to which the State incorporates water quality 
                standards adopted under section 303(c) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1313(c)).
            (2) Failure of states to adopt standards.--
                    (A) In general.--If a State does not meet the 
                requirements of paragraph (1) by the date that is 3 
                years after the date of publication of the criteria 
                under paragraph (9) of section 304(a) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1314(a)(9)) (as 
                added by subsection (a)), the Administrator shall issue 
                water quality standards for coastal recreation waters 
                for the State pursuant to the applicable provisions of 
                section 303 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1313).
                    (B) Water quality standards.--The water quality 
                standards issued pursuant to subparagraph (A) for 
                coastal recreation waters shall be consistent with the 
                criteria published by the Administrator under paragraph 
                (9) of section 304(a) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1314(a)).
                    (C) Application of standards.--The State shall 
                apply the standards issued pursuant to subparagraph (A) 
                in carrying out all programs referred to in paragraph 
                (1)(C).

SEC. 103. COASTAL BEACH WATER QUALITY MONITORING.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by adding at the end the following new section:

``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

    ``(a) In General.--Not later than 270 days after the date of the 
issuance of water quality criteria for pathogens in coastal recreation 
waters under section 304(a)(9), the Administrator shall issue 
regulations specifying methods to be used by States to monitor coastal 
recreation waters for compliance with applicable water quality 
standards for the waters and protection of the public safety during 
periods of use by the public. The monitoring requirements established 
pursuant to this subsection shall, at a minimum, specify--
            ``(1) the frequency of monitoring based on the periods of 
        recreational use of the waters;
            ``(2) the frequency of monitoring based on the extent and 
        degree of use during the periods;
            ``(3) the frequency of monitoring based on the proximity of 
        the waters to pollution sources;
            ``(4) methods for detecting short-term increases in 
        pathogens in the waters; and
            ``(5) the conditions and procedures under which the 
        Administrator may exempt discrete areas of the waters from the 
        monitoring requirements of this subsection, if the 
        Administrator determines that the exemption will not impair--
                    ``(A) compliance with the applicable water quality 
                standards for the waters; and
                    ``(B) the protection of the public safety.
    ``(b) Notification Requirements.--The regulations issued pursuant 
to subsection (a) shall require each State to notify the appropriate 
officials of local governments and the public of violations of 
applicable water quality standards for State coastal recreation waters. 
Each notification shall include, at a minimum--
            ``(1) prompt communication of the occurrence, nature, and 
        extent of the violation, to a designated official of a local 
        government having jurisdiction over land adjoining the coastal 
        recreation waters for which the violation is identified; and
            ``(2) the posting of signs, for the period during which the 
        violation continues, sufficient to give notice to the public of 
        a violation of an applicable water quality standard for the 
        waters and the potential risks associated with body contact 
        recreation in the waters.
    ``(c) Floatable Materials Monitoring Procedures.--As soon as 
practicable after the date of enactment of this section, the 
Administrator shall--
            ``(1) issue guidance on uniform assessment and monitoring 
        procedures for floatable materials in coastal recreation 
        waters; and
            ``(2) specify the conditions under which the presence of 
        floatable materials constitutes a threat to public health and 
        safety.
    ``(d) Delegation of Responsibility.--A State may delegate 
responsibility for the monitoring and posting of coastal recreation 
waters pursuant to this section to local government authorities.
    ``(e) Review and Revision of Regulations.--The Administrator shall 
review and periodically revise the regulations issued pursuant to this 
section.
    ``(f) Definitions.--As used in this section:
            ``(1) Coastal recreation waters.--The term `coastal 
        recreation waters' means Great Lakes and marine coastal waters 
        commonly used by the public for swimming, bathing, or other 
        similar body contact purposes.
            ``(2) Floatable materials.--The term `floatable materials' 
        means any matter that may float or remain suspended in the 
        water column and includes plastic, aluminum cans, wood, 
        bottles, and paper products.''.

SEC. 104. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC PATHOGENS IN 
              COASTAL RECREATION WATERS.

    (a) Study.--The Administrator, in cooperation with the Under 
Secretary of Commerce for Oceans and Atmosphere, shall conduct an 
ongoing study to provide additional information to the then current 
base of knowledge for use in developing better indicators for directly 
detecting in coastal recreation waters the presence of bacteria and 
viruses that are harmful to human health.
    (b) Report.--Not later than 4 years after the date of enactment of 
this Act, and periodically thereafter, the Administrator shall submit 
to Congress a report describing the findings of the study under this 
section. The report shall include--
            (1) recommendations concerning the need for additional 
        numerical limits or conditions and other actions to improve the 
        quality of coastal recreation waters;
            (2) a description of the amounts and types of floatable 
        materials in coastal waters and on coastal beaches and of 
        recent trends in the amounts and types of the floatable 
        materials; and
            (3) an evaluation of State efforts to carry out this title 
        and amendments made by this title.

SEC. 105. GRANTS TO STATES.

    (a) In General.--The Administrator may make a grant to a State to 
assist the State in meeting the requirements of sections 102 and 103 
and the amendments made by such sections.
    (b) Cost Sharing.--The total amount of grants awarded to a State 
under this section for a fiscal year shall not exceed 50 percent of the 
cost to the State of carrying out the requirements of sections 102 and 
103 and the amendments made by such sections.

SEC. 106. DEFINITIONS.

    As used in this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Coastal recreation waters.--The term ``coastal 
        recreation waters'' means Great Lakes and marine coastal waters 
        commonly used by the public for swimming, bathing, or other 
        similar body contact purposes.
            (3) Floatable materials.--The term ``floatable materials'' 
        means any matter that may float or remain suspended in the 
        water column and includes plastic, aluminum cans, wood, 
        bottles, and paper products.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Environmental 
Protection Agency--
            (1) to carry out section 105, an amount not to exceed 
        $3,000,000 for each of fiscal years 1994 and 1995; and
            (2) to carry out sections 102 through 104 and the 
        amendments made by such sections, an amount not to exceed 
        $1,000,000 for each of fiscal years 1994 and 1995.

                      TITLE II--COASTAL PROTECTION

SEC. 201. REFERENCES TO THE FEDERAL WATER POLLUTION CONTROL ACT.

    Whenever in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), except to the extent otherwise specifically provided.

SEC. 202. POLICY.

    It is the policy of the United States to restore, maintain, and 
protect the integrity of the marine environment to ensure that the 
ecological, commercial, and recreational values of these resources are 
not impaired by pollution.

SEC. 203. COASTAL ENVIRONMENT TOXICS RELEASE ASSESSMENT.

    Title III (33 U.S.C. 1311 et seq.) is amended by adding at the end 
the following new section:

``SEC. 321. COASTAL ENVIRONMENT TOXICS RELEASE STRATEGY.

    ``(a) Coastal Environment Toxics Release Strategy.--Not later than 
1 year after the date of enactment of this section, the Administrator 
shall prepare and submit to Congress a coastal environment toxics 
release strategy (referred to in this section as the `strategy'). The 
strategy shall include a plan developed by the Administrator for using 
the information from toxic chemical release forms and reports prepared 
pursuant to section 313 of the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11023) to improve programs of the 
Environmental Protection Agency concerning the coastal environment.
    ``(b) Assessment.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, and annually thereafter, the 
        Administrator shall prepare an assessment of the extent and 
        environmental effect of discharges by industrial categories 
        that discharge into marine waters, or to publicly owned 
        treatment works that discharge into marine waters (or both), 
        and that are required to report the discharges pursuant to the 
        requirements for reporting releases of toxic chemicals under 
        section 313 of the Emergency Planning and Community Right-To-
        Know Act of 1986 (42 U.S.C. 11023).
            ``(2) Identification of categories and areas.--The 
        assessment shall identify the relative contribution of 
        pollutants from industrial categories and the geographical 
        areas that receive the greatest quantities of the discharges.
            ``(3) Inclusion in reports.--The assessment prepared under 
        this subsection may be included in a report published pursuant 
        to section 313 of the Emergency Planning and Community Right-
        To-Know Act of 1986 (42 U.S.C. 11023).
    ``(c) Use of Information.--The Administrator shall use information 
in the assessment prepared under subsection (b) to--
            ``(1) verify information included in permits issued by the 
        Administrator or by a State authorized to issue permits under 
        section 402;
            ``(2) improve programs for the control of toxic pollutants;
            ``(3) identify other water quality programs (including 
        programs established pursuant to sections 301, 303, 304, 306, 
        and 307) and adopt measures to ensure that data concerning the 
        discharge of toxic pollutants is incorporated into the 
        programs;
            ``(4) identify pollutants for which water quality criteria 
        have not been published; and
            ``(5) target compliance and enforcement actions.''.

SEC. 204. NATIONAL ESTUARY PROGRAM.

    (a) Authorization of Appropriations.--Section 320(i) (33 U.S.C. 
1330(i)) is amended--
            (1) by striking ``, and 1991'' and inserting ``1991, 1992, 
        and 1993 and $25,000,000 for each of fiscal years 1994 through 
        2000''; and
            (2) by striking the last sentence.
    (b) Priority Marine Waters.--Section 320(a)(2)(A) (33 U.S.C. 
1330(a)(2)(A)) is amended by adding at the end the following new 
sentence: ``Beginning on the date that is 1 year after the date of 
enactment of this sentence, the Administrator may not convene a 
management conference pursuant to this section for any estuary that is 
not listed as a priority marine water under section 304(n).''.
    (c) Financial Plan.--Section 320(b)(5) (33 U.S.C. 1330(b)(5)) is 
amended by inserting before the semicolon the following: ``, including 
a detailed financial plan indicating the anticipated Federal, State, 
and local funds needed to implement identified corrective actions''.
    (d) Research.--Subsection (j) of section 320 (33 U.S.C. 1330(j)) is 
amended to read as follows:
    ``(j) Research.--
            ``(1) Research program.--The Administrator shall implement 
        a coordinated program of research and monitoring to support the 
        assessment of each estuary for which a management conference is 
        convened pursuant to this section.
            ``(2) Content of program.--The research program implemented 
        under this subsection shall include--
                    ``(A) a comprehensive program of water and sediment 
                quality monitoring to determine--
                            ``(i) variations in pollutant 
                        concentrations, marine ecology, and other 
                        physical or biological environmental parameters 
                        that may affect the estuary; and
                            ``(ii) the potential and actual effects of 
                        alternative management strategies and measures;
                    ``(B) a program of ecosystem assessment to assist 
                in the development of--
                            ``(i) baseline studies to determine the 
                        biological conditions in the estuary and the 
                        effects of natural and anthropogenic changes; 
                        and
                            ``(ii) predictive models that are capable 
                        of translating information concerning specific 
                        discharges or general pollutant loadings within 
                        the estuary into a set of probable effects on 
                        biological conditions in the waters of the 
                        estuary;
                    ``(C) a program of research to identify the 
                movements of nutrients, sediments, and pollutants 
                through the estuary and the impact of nutrients, 
                sediments, and pollutants on water quality and 
                designated or potential uses of the waters of the 
                estuary; and
                    ``(D) a program of research to determine the water 
                quality and habitat requirements necessary for the 
                attainment and maintenance of designated uses and the 
                continued viability and enhancement of living 
                resources.
            ``(3) Cooperative activity.--In implementing the research 
        program under this subsection, the Administrator shall 
        cooperate with each affected management conference and State, 
        and the heads of appropriate Federal agencies, including the 
        Under Secretary and the Director of the United States Fish and 
        Wildlife Service.''.
    (e) Report to Congress.--Section 320 (33 U.S.C. 1330) is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Reports.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this paragraph, and biennially thereafter, the 
        Administrator shall submit to Congress a comprehensive report 
        concerning the activities authorized under this section. The 
        report shall include--
                    ``(A) a list of estuaries considered for action 
                pursuant to this section;
                    ``(B) a list and description of the estuaries 
                considered and selected for management conferences 
                pursuant to this section;
                    ``(C) an evaluation of the research, monitoring, 
                and pollution abatement measures implemented pursuant 
                to this section;
                    ``(D) an assessment and description of each 
                management conference in progress at the time of 
                submission of the report; and
                    ``(E) a report on the implementation of 
                conservation and management plans for the estuaries.
            ``(2) Priority marine waters.--The Administrator shall 
        include in each report prepared under this subsection--
                    ``(A) a list of the waters listed as priority 
                marine waters under section 304(n);
                    ``(B) a description of the measures taken to 
                restore the quality of the waters; and
                    ``(C) recommendations concerning additional 
                protective measures for priority marine waters.''.
    (f) Grants.--Section 320(g) (33 U.S.C. 1330(g)) is amended by 
striking paragraphs (2) and (3) and inserting the following new 
paragraphs:
            ``(2) Purposes.--A grant awarded under this section may be 
        used to--
                    ``(A) support an initial 5-year management 
                conference and the development of a conservation and 
                management plan under this section; and
                    ``(B) maintain the operation of the management 
                conference after receiving approval by the 
                Administrator of a conservation and management plan 
                pursuant to subsection (f), and oversee the 
                implementation of the conservation and management plan.
            ``(3) Development of conservation and management plans.--
                    ``(A) In general.--The Federal share of a grant 
                awarded under paragraph (2)(A) for a fiscal year shall 
                be--
                            ``(i) in an amount not to exceed 75 percent 
                        of the annual cost of the management conference 
                        referred to in paragraph (2)(A); and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the cost of the management 
                        conference shall be paid from non-Federal 
                        sources.
                    ``(B) Duration.--A person referred to in paragraph 
                (1) (including a State, interstate, or regional agency 
                or entity) may be awarded a grant under paragraph 
                (2)(A) for a period of not to exceed 5 fiscal years.
            ``(4) Grants to maintain operation of management 
        conference.--
                    ``(A) Prohibition.--If, in the judgment of the 
                Administrator, a person referred to in paragraph (1) 
                (including a State, interstate, or regional agency or 
                entity) has--
                            ``(i) not received approval by the 
                        Administrator for a conservation and management 
                        plan pursuant to subsection (f); or
                            ``(ii) failed substantially to implement a 
                        conservation and management plan that has been 
                        approved pursuant to subsection (f),
                the Administrator may not award a grant to the person 
                under paragraph (2)(B).
                    ``(B) Federal share.--The Federal share of a grant 
                awarded under paragraph (2)(B) for a fiscal year shall 
                be--
                            ``(i) in an amount not to exceed 50 percent 
                        of the annual costs of the management 
                        conference; and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the cost of the management 
                        conference shall be paid from non-Federal 
                        sources.
                    ``(C) Limitation.--The amount of a grant awarded 
                under paragraph (2)(B) for any fiscal year may not 
                exceed an amount equal to 30 percent of the average 
                annual amount of any grants received by the person 
                under paragraph (2)(A).
            ``(5) Report to the administrator.--Each person who 
        receives a grant under this subsection shall be required, as a 
        condition of receiving the grant, to submit a report to the 
        Administrator, not later than 18 months after receipt of the 
        grant award, describing the progress of the grant recipient in 
        carrying out the purposes of the grant.''.

SEC. 205. PRIORITY MARINE WATERS.

    Section 304 (33 U.S.C. 1314) is amended by adding at the end the 
following new subsection:
    ``(n) Priority Marine Waters.--
            ``(1) In general.--The Administrator shall, not later than 
        1 year after the date of enactment of this subsection, and 
        biennially thereafter, identify and list, pursuant to this 
        subsection, each marine water that--
                    ``(A) does not support the protection and 
                propagation of a balanced, indigenous population of 
                shellfish, fish, and wildlife, and allow for 
                recreational activities in and on the water; or
                    ``(B) in the judgment of the Administrator, is not 
                likely to have the capability of ensuring the future 
                protection of a balanced, indigenous population of 
                shellfish, fish, and wildlife and allow for 
                recreational activities in and on the water.
            ``(2) Selection.--In selecting a marine water pursuant to 
        paragraph (1), the Administrator shall consider--
                    ``(A) water quality impairment, including 
                information provided in the national toxic chemical 
                inventory established pursuant to section 313(j) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11023(j));
                    ``(B) the presence of toxic or other contaminants 
                in sediment and the potential for migration of the 
                contamination to water or aquatic organisms;
                    ``(C) the condition of aquatic life and related 
                habitat, including the presence of threatened or 
                endangered species;
                    ``(D) the likely effect of contaminants on human 
                health, aquatic life, and related habitat, recreational 
                and commercial opportunities, and marine ecological 
                values;
                    ``(E) the presence of floatables in the area that 
                adversely affect commercial and recreational 
                opportunities; and
                    ``(F) anticipated total increases in pollution 
                loadings and floatables in the area.
            ``(3) Public review.--In listing a marine water under 
        paragraph (1), the Administrator shall--
                    ``(A) provide for public review and comment; and
                    ``(B) consult with appropriate officials of States 
                and the Under Secretary throughout the listing process.
            ``(4) Duties of the administrator and states.--
                    ``(A) In general.--The Administrator (or a State 
                authorized to issue permits under section 402) shall, 
                with respect to waters that have been listed under this 
                subsection--
                            ``(i) implement the requirements of section 
                        403 when issuing or reissuing a permit for 
                        point source discharges to the waters; and
                            ``(ii) notwithstanding any exemption 
                        established pursuant to section 402(p), not 
                        later than 1 year after the listing of a water 
                        under this subsection, issue permits for 
                        industrial and municipal discharges of 
                        stormwater to the water in a manner consistent 
                        with section 402(p).
                    ``(B) Duties of the administrator.--The 
                Administrator shall, with respect to each water that 
                has been listed under this subsection--
                            ``(i) not later than 180 days after listing 
                        the water under this subsection, consider 
                        prohibiting the use of the water as a disposal 
                        site or restricting the use of any water 
                        designated pursuant to this section as a 
                        disposal site;
                            ``(ii) not later than 180 days after the 
                        listing, prohibit the discharge of sewage from 
                        vessels pursuant to section 312(f)(4);
                            ``(iii) in the case of a State that does 
                        not have an assessment or management program 
                        that has been approved by the Administrator 
                        under subsection (a) or (b) of section 319, 
                        conduct an assessment and develop and implement 
                        a management program for the watershed area of 
                        the listed water; and
                            ``(iv) require that each publicly owned 
                        treatment works that discharges to the listed 
                        water and that serves 1 (or more) significant 
                        industrial user, as defined by the 
                        Administrator, to develop and enforce, without 
                        regard to the volume of the discharges of or 
                        the population served by the treatment works, a 
                        program for the pretreatment of industrial 
                        wastes pursuant to section 307 as expeditiously 
                        as practicable.
                    ``(C) Duties of the state.--Each State shall review 
                water quality standards applicable to waters listed 
                under this subsection, and, not later that 3 years 
                after the listing, designate uses and adopt standards 
                for any pollutant for which the Administrator has 
                established criteria pursuant to section 304 if the 
                pollutant is present, or is reasonably likely to be 
                present, in the waters.
            ``(5) Rescission of listing.--The Administrator may, after 
        consultation with appropriate State officials, and after 
        providing for public review and comment, rescind the listing of 
        a marine water under this subsection if the Administrator 
        determines that--
                    ``(A) the environmental quality of the water has 
                been restored;
                    ``(B) water quality standards adopted pursuant to 
                section 303 are attained and will be maintained; and
                    ``(C) the water will ensure the protection and 
                propagation of a balanced indigenous population of 
                fish, shellfish, and wildlife and will provide for 
                recreational activities in and on the water on a 
                continuing basis.''.

SEC. 206. NATIONAL MARINE WATER QUALITY EDUCATION PROGRAM.

    Title V (33 U.S.C. 1361 et seq.) is amended--
            (1) by redesignating section 519 as section 520; and
            (2) by inserting after section 518 the following new 
        section:

``SEC. 519. NATIONAL MARINE WATER QUALITY EDUCATION PROGRAM.

    ``(a) General Authority.--The Administrator shall establish a 
national program to provide information, education, and technical 
assistance to owners of marine land.
    ``(b) Identification.--Any owner of marine land may submit to the 
Administrator an application for participation in the education program 
established under this section. Each application submitted under this 
subsection shall contain basic information, including--
            ``(1) the location and size of the marine land;
            ``(2) the physical characteristics of the marine land;
            ``(3) known wildlife habitat or other significant natural 
        features or characteristics of the marine land; and
            ``(4) proof of ownership of the marine land.
    ``(c) Information and Education.--
            ``(1) In general.--The Administrator shall establish and 
        carry out an information and education program to provide 
        owners of marine land with informational and educational 
        materials concerning--
                    ``(A) land management and related practices to 
                prevent water pollution and protect habitat;
                    ``(B) activities and practices to protect and 
                foster the development of aquatic life and wildlife;
                    ``(C) measures to preserve and protect significant 
                natural features of land or significant natural 
                resources;
                    ``(D) the activities of Federal agencies, State 
                departments and agencies, and political subdivisions of 
                States to protect marine waters, including activities 
                under sections 303, 319, 320, 402, and 404; and
                    ``(E) the requirements of Federal law and the laws 
                of States concerning land management, discharges to 
                water, and other related activities.
            ``(2) Region-specific information.--The Administrator may, 
        as appropriate, adjust the information required pursuant to 
        this subsection to apply to land within a specific region of 
        the United States or a specific State.
    ``(d) State Participation.--At the request of a Governor of a 
State, the Administrator may delegate the operation of an information 
and education program that meets the requirements of subsection (c) to 
a State. The cost associated with activities carried out by the State 
pursuant to this section shall be eligible for funding under section 
106.
    ``(e) Marine Land Defined.--As used in this section, the term 
`marine land' means real property that borders on a marine water.''.

SEC. 207. MARINE SANITATION DEVICES.

    (a) Prohibition of Discharge to Designated Waters.--
            (1) In general.--Section 312(f)(3) (33 U.S.C. 1322(f)(3)) 
        is amended--
                    (A) by striking ``, except that'' and all that 
                follows through the end of the paragraph and inserting 
                a period; and
                    (B) by adding at the end the following new 
                sentence: ``The State and the Secretary of the 
                Department in which the Coast Guard is operating shall 
                enforce this paragraph.''.
            (2) Sewage.--Paragraph (4)(A) of section 312(f) (33 U.S.C. 
        1322(f)(4)(A)) is amended to read as follows:
    ``(4)(A) In the case of a water listed under section 304(n), not 
later than 18 months after the listing, the Administrator shall, by 
regulation, completely prohibit the discharge of sewage (whether 
treated or untreated) from a vessel into the listed water.''.
            (3) Unlawful acts.--Section 312(h) (33 U.S.C. 1322(h)) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(5) for any person to discharge sewage (whether treated 
        or untreated) into a water designated pursuant to subsection 
        (f)(4); and
            ``(6) for any person to discharge sewage that has not been 
        treated by a marine sanitation device required under this 
        section.''.
            (4) Conforming amendment.--Section 301(a) (33 U.S.C. 
        1311(a)) is amended by inserting ``312,'' after ``307,''.
    (b) Civil Penalties.--Subsection (j) of section 312 (33 U.S.C. 
1322(j)) is amended to read as follows:
    ``(j)(1) Any person who violates subsection (g) or (h) shall be 
liable for a civil penalty in an amount not to exceed $5,000 for each 
violation. Each violation shall constitute a separate offense.
    ``(2) No penalty shall be assessed under this subsection until the 
person charged has received notice of the violation and has had an 
opportunity for a hearing on the charge.
    ``(3) The following shall be considered in a determination of the 
amount of a penalty under this subsection:
            ``(A) The gravity of the violation.
            ``(B) Any previous violations of the person who is subject 
        to the penalty.
            ``(C) The demonstrated good faith of the person who is 
        subject to the penalty in attempting to achieve rapid 
        compliance after notification of the violation.''.
    (c) Enforcement.--Subsection (k) of section 312 (33 U.S.C. 1322(k)) 
is amended to read as follows:
    ``(k)(1) The Secretary of the department in which the Coast Guard 
is operating (referred to in this subsection as the `Secretary') shall 
carry out the enforcement of this section. The head of another Federal 
agency may enter into an agreement with the Secretary to--
            ``(A) detail to the Secretary, with or without 
        reimbursement, law enforcement officers or personnel to assist 
        the Secretary in carrying out this section; and
            ``(B) provide facilities for use by the Secretary in 
        carrying out this section.
    ``(2) All amounts collected by the Secretary or an authorized 
representative of the Secretary under this section shall be deposited 
into a special fund of the Treasury of the United States to be known as 
the `Vessel Pollution Enforcement Fund'. The fund shall be available 
for appropriation to the Coast Guard to carry out the activities 
referred to in subsection (o).
    ``(3) Subject to the conditions described in paragraph (4), the 
Administrator may delegate to a State the enforcement of the 
prohibitions under paragraphs (4) through (6) of subsection (h).
    ``(4) The Secretary shall require a State that proposes to carry 
out the enforcement activities referred to in paragraph (3) to submit 
such documentation as the Secretary considers appropriate to establish 
that the State has established a State fund into which amounts equal to 
the amounts of penalties from enforcement actions carried out by the 
State under paragraph (3) shall be transferred for use by the State to 
carry out enforcement activities under paragraph (3).''.
    (d) Marine Sanitation Devices.--
            (1) Technology improvements.--Section 312(c)(1)(A) (33 
        U.S.C. 1322(c)(1)(A)) is amended by adding at the end the 
        following new sentence: ``The standards and regulations 
        referred to in this subparagraph shall be reviewed and revised 
        to reflect improvements in technology relating to marine 
        sanitation devices not later than 3 years after the date of 
        enactment of this sentence, and every 7 years thereafter.''.
            (2) Review.--Section 312(c)(2) (33 U.S.C. 1322(c)(2)) is 
        amended by adding at the end the following new sentences: 
        ``Except for a waiver for an individual vessel, the Secretary 
        of the department in which the Coast Guard is operating shall 
        review each waiver of a standard or regulation under this 
        section. If the Secretary considers that a revision of the 
        waiver would be appropriate to take into account technology 
        relating to marine sanitation devices, the Secretary shall 
        revise the waiver.''.
            (3) Deadline.--Section 312(b)(1) (33 U.S.C. 1322(b)(1)) is 
        amended by inserting before the period at the end the 
        following: ``not later than 2 years after the date of 
        establishment or revision of the standards''.
    (e) Marine Sanitation Device Pumpout Stations.--
            (1) Coast guard facilities.--Section 312 (33 U.S.C. 1322) 
        is amended by adding at the end the following new subsection:
    ``(n)(1) Beginning on the date that is 4 years after the date of 
enactment of this subsection, the Secretary of the department in which 
the Coast Guard is operating shall provide for a public use pumpout 
station for marine sanitation devices at each Coast Guard installation.
    ``(2) The Secretary of the department in which the Coast Guard is 
operating may, with the concurrence of the Administrator, waive the 
requirement under paragraph (1) if the Coast Guard installation--
            ``(A) is not located adjacent to navigable waters;
            ``(B) lacks sufficient and appropriate dock capacity; and
            ``(C) would be substantially prevented from conducting 
        other essential activities.''.
            (2) Financial assistance.--
                    (A) General authority for capitalization grants to 
                states.--Section 601(a) (33 U.S.C. 1381(a)) is 
                amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (4) for implementing 
                        a marine sanitation pumpout station plan 
                        approved pursuant to section 5603(c) of the 
                        Clean Vessel Act of 1992 (Public Law 102-587; 
                        33 U.S.C. 1322 note)''.
                    (B) Water pollution control revolving funds.--The 
                first sentence of section 603(c) (33 U.S.C. 1383(c)) is 
                amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (4) for implementing 
                        a marine sanitation pumpout station plan 
                        approved pursuant to section 5603(c) of the 
                        Clean Vessel Act of 1992 (Public Law 102-587; 
                        33 U.S.C. 1322 note)''.
    (f) Education.--Section 312 (33 U.S.C. 1322), as amended by 
subsection (e), is further amended by adding at the end the following 
new subsection:
    ``(o) The Secretary of the department in which the Coast Guard is 
operating, in consultation with the Administrator, shall implement a 
comprehensive program of information and education to--
            ``(1) encourage compliance with the requirements of this 
        section; and
            ``(2) foster an increased understanding of the importance 
        of water quality and methods of preventing water pollution.''.
    (g) Definitions.--Section 312(a) (33 U.S.C. 1322(a)) is amended--
            (1) in paragraph (1), by inserting ``applicable'' after 
        ``promulgation of'';
            (2) by striking the period at the end of paragraph (11) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(12) `pumpout station' has the same meaning as is 
        provided the term in section 5608(6) of the Clean Vessel Act of 
        1992 (Public Law 102-587; 33 U.S.C. 1322 note).''.

SEC. 208. MARINE WATER QUALITY CRITERIA AND STANDARDS.

    (a) Marine Water Quality Criteria.--Section 304(a) (33 U.S.C. 
1314(a)), as amended by section 102(a), is further amended--
            (1) in paragraph (1), by inserting after ``water quality'' 
        the following: ``, including criteria for marine water 
        quality,''; and
            (2) by adding at the end the following new paragraphs:
    ``(10)(A) Not later than 1 year after the date of enactment of this 
paragraph, the Administrator shall submit to Congress a 5-year plan and 
schedule for the development, review, and revision of criteria for 
pollutants found in marine waters.
    ``(B) The plan shall--
            ``(i) ensure that criteria for the pollutants are published 
        as expeditiously as practicable; and
            ``(ii) give priority to pollutants that pose the greatest 
        threat to the marine environment.
    ``(C) The Administrator shall consult with the Under Secretary and 
the Governor of each interested State in developing the plan. In 
addition, the Administrator shall take into consideration--
            ``(i) the toxic pollutants identified in lists, submitted 
        pursuant to subsection (l), of navigable waters for which a 
        State does not expect the applicable standard will be met; and
            ``(ii) the marine environment toxics release inventory 
        assessment prepared pursuant to section 321.
    ``(11)(A)(i) In the case of a pollutant for which criteria and 
information under subsection (a) have not been published, any person 
may petition the Administrator to develop and publish criteria 
applicable to marine waters for the pollutant pursuant to subsection 
(a). The Administration shall approve the petition if the pollutant 
poses a significant threat to the quality of marine waters, human 
health, or the environment.
    ``(ii) Not later than 180 days after receiving the petition, the 
Administrator shall approve or deny the petition and publish a notice 
in the Federal Register of the approval or denial.
    ``(B) If the Administrator fails to publish notice of a decision to 
approve or deny a petition under this paragraph, the petition shall be 
deemed to have been approved. If the Administrator approves a petition 
pursuant to this paragraph, the Administrator shall, as expeditiously 
as practicable, and in a manner consistent with the plan developed 
under this subsection, publish criteria and information for the 
pollutant pursuant to this section.
    ``(12) In the case of a pollutant for which aquatic life criteria 
have been published on the date of enactment of this paragraph, the 
Administrator shall, not later than 3 years after the date of enactment 
of this paragraph, revise the criteria and publish the revisions of the 
criteria, if the Administrator determines the revisions to be necessary 
to ensure that the criteria address marine waters.
    ``(13) After the date of enactment of this paragraph, the 
Administrator shall require that any criteria and information published 
pursuant to this subsection shall address marine waters.''.
    (b) Marine Water Quality Standards.--
            (1) In general.--Section 303 (33 U.S.C. 1313) is amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the following 
                new subsection:
    ``(h)(1) Not later than 3 years after the date of enactment of this 
paragraph, each State that borders on marine waters shall establish 
standards for marine water quality, including designated uses for the 
waters and numerical criteria to protect the uses, for any pollutant 
for which information is published pursuant to section 304(a).
    ``(2) Not later than 3 years after the date of publication of 
criteria and information pursuant to section 304(a), each State that 
borders on marine waters shall establish numerical water quality 
standards, based on the criteria and information, that are adequate to 
ensure the attainment of the uses identified in paragraph (1).
    ``(3) If a State fails to comply with paragraph (1) or (2), the 
Administrator shall establish numerical water quality standards not 
later than 1 year after the date on which the State was to establish 
the standards.
    ``(4) The Administrator shall promulgate water quality standards 
for marine waters that are not under the control of any State that 
shall ensure the protection and propagation of a balanced, indigenous 
population of fish, shellfish, and wildlife and provide for recreation 
in and on the waters.''.
            (2) Conforming amendment.--Section 302(a) (33 U.S.C. 
        1312(a)) is amended by inserting ``or section 303(i)'' after 
        ``section 304(l)''.

SEC. 209. OCEAN DISCHARGE CRITERIA.

    (a) Clarification of Scope.--Subsection (a) of section 403 (33 
U.S.C. 1343(a)) is amended to read as follows:
    ``(a) No permit shall be issued under section 402 for a discharge 
into the territorial sea, the waters of the contiguous zone, the 
oceans, or any water listed under section 304(n), if the Administrator 
finds, on the basis of assessment of the criteria established in 
subsections (c) and (d), that the discharge may reasonably be expected 
to prevent--
            ``(1) the protection and propagation of a balanced, 
        indigenous population of shellfish, fish, and wildlife and 
        recreational activity in and on the water; or
            ``(2) the attainment of standards established pursuant to 
        section 303.''.
    (b) Biological Testing.--Section 403(c)(1) (33 U.S.C. 1343(c)(1)) 
is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(H) methods, procedures, and requirements for biological 
        testing that shall, at a minimum, require that any reference 
        site be substantially free of contamination.''.
    (c) Limitation of Regulations.--Section 403(c)(2) (33 U.S.C. 
1343(c)(2)) is amended by adding at the end the following new sentence: 
``Any exemption in a regulation to the limitations of this paragraph is 
deemed null and void.''.
    (d) Pollution Prevention.--Section 403 (33 U.S.C. 1343) is amended 
by adding at the end the following new subsection:
    ``(d)(1) In assessing the effects of a proposed discharge to marine 
waters, the Administrator shall take into consideration, in addition to 
the criteria established pursuant to subsection (c), a demonstration of 
the need to discharge by the permit applicant. As a condition of 
receiving a permit, an applicant shall be required to make full use of 
measures, processes, methods, systems, or techniques to completely 
eliminate the discharge or minimize the quantity of pollutants 
discharged through process changes, substitution of material, enclosure 
of systems, or other modifications.
    ``(2) Not later than 1 year after the date of enactment of this 
paragraph, the Administrator shall publish a guidance that describes--
            ``(A) pollution prevention methods; and
            ``(B) the expectations of the Administrator with regard to 
        the demonstrations required by paragraph (1).''.
    (e) Conforming Amendment.--Section 301(a) (33 U.S.C. 1311(a)) is 
amended by inserting ``403,'' before ``and 404.''.

SEC. 210. COMBINED SEWER OVERFLOW CONTROL ASSISTANCE.

    (a) In General.--The Secretary of the Army (referred to in this 
section as the ``Secretary''), acting through the Chief of Engineers of 
the Department of the Army, is authorized to enter into local 
cooperation agreements to provide financial assistance to a local 
government for the construction of facilities for the control of 
overflows from combined storm and sanitary sewers to marine waters.
    (b) Project Identification.--
            (1) Application.--Any municipality with a plan for the 
        control of combined sewer overflows to marine waters that has 
        been approved by the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') as consistent with requirements of the 
        combined sewer overflow policy published by the Administrator 
        at 58 Fed. Reg. 4994, on January 19, 1993, may submit to the 
        Secretary an application for assistance under this section.
            (2) Review of application.--The Secretary shall, with the 
        cooperation and concurrence of the Administrator, review the 
        applications submitted pursuant to paragraph (1) and rank the 
        applications. In ranking the applications, the Secretary shall 
        give equal weight to--
                    (A) the potential for the project to protect public 
                health and the environment; and
                    (B) the financial burden on a community as a result 
                of the high costs of the project or the lack of 
                alternative local, State, or Federal funding sources.
            (3) Priority.--Notwithstanding paragraph (2), the Secretary 
        shall give priority to any application made pursuant to 
        paragraph (1) that would implement the recommendations of a 
        comprehensive conservation and management plan approved by the 
        Administrator pursuant to section 320 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330).
    (c) Project Assistance.--
            (1) Non-federal share.--Except as provided in paragraph 
        (3), the non-Federal sponsor of a project that receives 
        assistance under this subsection shall provide a non-Federal 
        share in an amount equal to not less than 25 percent of the 
        costs of the project.
            (2) Credit for certain nonmonetary contributions.--An 
        amount equal to the value of any land, easement, right-of-way, 
        or reallocation provided for the project by a non-Federal 
        sponsor shall be credited to the non-Federal share referred to 
        in paragraph (1), except that any amount credited pursuant to 
        this paragraph may not exceed 25 percent of the costs of the 
        project.
            (3) Operation and maintenance costs.--The non-Federal share 
        of the operation and maintenance costs of a project assisted 
        pursuant to this section shall be 100 percent.
    (d) Planning Requirements.--
            (1) In general.--The Secretary may not enter into a local 
        cooperation agreement under this section unless the Secretary, 
        in consultation with the Administrator, has determined that the 
        project--
                    (A) is consistent with plans developed pursuant to 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    (B) will not result in the violation of any 
                provision of such Act.
            (2) Review.--The Secretary, in cooperation with the 
        Administrator, shall review each application submitted pursuant 
        to subsection (b) to determine whether the project that is the 
        subject of the application will achieve such controls of 
        combined sewer overflows as are required under applicable 
        requirements of law at the lowest possible cost. The Secretary 
        may not enter into a local cooperation agreement under this 
        section unless the Secretary has determined pursuant to this 
        paragraph that the cost of the project that is the subject of 
        the agreement is the lowest possible cost.
    (e) Discretion of Governor for Loan.--
            (1) In general.--Not fewer than 90 days before the 
        finalization of a local cooperation agreement pursuant to this 
        section, the Secretary shall notify the Governor of the State 
        in which a local government expected to receive assistance 
        pursuant to this section is located.
            (2) Request by governor.--Not later than 30 days after 
        receipt of a notification pursuant to paragraph (1), a Governor 
        may request that the Secretary provide, pursuant to this 
        section, a loan to the local government that is the subject of 
        the notification, and, after receiving the request, the 
        Secretary shall provide assistance under this section as a 
        loan.
            (3) Repayments.--The repayment of a loan made pursuant to 
        paragraph (2) shall be made in a manner consistent with title 
        VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
        et seq.), and amounts equal to the amounts of repayments shall 
        be deposited into the revolving fund established by the State 
        pursuant to such title.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to remain available until 
expended, for each of fiscal years 1994 through 2000, such sums as may 
be necessary.

SEC. 211. DEFINITIONS.

    (a) New Definitions.--Section 502 (33 U.S.C. 1362) is amended by 
adding at the end the following new paragraphs:
    ``(21) The term `Administrator' means the Administrator of the 
Environmental Protection Agency.
    ``(22) The terms `estuarine zone' and `estuary' have the meaning 
provided the terms in section 104(n)(4), except that the terms shall 
also include associated aquatic ecosystems and the tributaries that 
drain into the estuary up to the historic head of tidal influence.
    ``(23) The term `Federal agency' means any department, agency, or 
other instrumentality of the Federal Government and any independent 
agency or establishment of the Federal Government, including any 
government corporation of the Federal Government.
    ``(24) The term `floatable' means marine debris that floats or 
remains suspended in the water column.
    ``(25) The term `marine water' means any estuary, water of the 
estuarine zone, any other water seaward of the historic height of tidal 
influence, the territorial sea, the contiguous zone, and the ocean.
    ``(26) The term `Under Secretary' means the Under Secretary of 
Commerce for Oceans and Atmosphere who serves as the Administrator of 
the National Oceanic and Atmospheric Administration.''.
    (b) Existing Definitions.--
            (1) Territorial seas.--Section 502(8) (33 U.S.C. 1362(8)) 
        is amended by striking ``three'' and inserting ``12''.
            (2) Estuary and estuarine zone.--Section 320 (33 U.S.C. 
        1330), as amended by section 204(e)(1), is further amended by 
        striking subsection (l).

SEC. 212. FEDERAL AGENCY RESPONSIBILITIES.

    Title V (33 U.S.C. 1361 et seq.), as amended by section 206(b), is 
further amended--
            (1) by redesignating section 520 as section 521; and
            (2) by inserting after section 519 the following new 
        section:

``SEC. 520. FEDERAL AGENCY RESPONSIBILITIES.

    ``(a) Study of Federal Agency Programs.--
            ``(1) In general.--The Administrator, in consultation with 
        the Under Secretary, shall, with respect to each Federal 
        agency, conduct a comprehensive study of the policies, 
        programs, and activities that may result in degradation of 
        marine waters.
            ``(2) Report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this section, the Administrator 
                shall submit to Congress a report that includes--
                            ``(i) a summary of the findings of the 
                        study referred to in paragraph (1); and
                            ``(ii) recommendations to reduce 
                        degradation of marine waters resulting from 
                        policies, programs, and activities of Federal 
                        agencies.
                    ``(B) Contents of report.--The report shall 
                include--
                            ``(i) a comprehensive listing, with respect 
                        to each Federal agency, of the policies, 
                        programs, and activities that, under the study, 
                        are considered to cause degradation of marine 
                        waters;
                            ``(ii) a detailed analysis of the impacts 
                        of each policy, program, and activity referred 
                        to in clause (i) on the degradation of marine 
                        waters;
                            ``(iii) proposed changes in each policy, 
                        program, and activity referred to in clause (i) 
                        to minimize the impacts referred to in clause 
                        (ii);
                            ``(iv) suggested actions to be taken by 
                        other Federal agencies or State departments or 
                        agencies to better coordinate the policies, 
                        programs, and activities that cause degradation 
                        of marine waters; and
                            ``(v) specific recommendations for further 
                        legislative actions that the Administrator 
                        considers to be necessary to bring each policy, 
                        program, and activity referred to in clause (i) 
                        into conformance with the policy of this Act.
            ``(3) Public comment.--In conducting the study, the 
        Administrator shall consult with States and the public 
        concerning methods by which the policies, programs, and 
        activities of Federal agencies may be implemented to reduce 
        degradation in marine waters.
    ``(b) Leadership of Federal Agencies.--The head of each Federal 
agency shall provide leadership and take action to the extent provided 
by law to--
            ``(1) minimize the degradation of marine waters; and
            ``(2) restore and preserve the natural and beneficial 
        values served by marine waters in carrying out the 
        responsibilities of the Federal agency for--
                    ``(A) acquiring, managing, and disposing of Federal 
                lands and facilities;
                    ``(B) providing construction and improvements 
                undertaken by the Federal Government and providing 
                Federal assistance (including financial assistance) for 
                construction and improvements; and
                    ``(C) conducting activities and programs affecting 
                the marine waters.
    ``(c) Responsibilities of Federal Agencies.--In carrying out the 
activities described in subsection (b), the head of each Federal agency 
shall be required to evaluate the potential effects of any action on 
marine waters and to ensure that the planning programs and budget 
requests of the Federal agency reflect the policies of this Act.
    ``(d) Alternatives and Mitigation.--If the head of a Federal agency 
makes a determination to, or proposes to, conduct, support, or allow an 
action that may affect marine waters, the head of the Federal agency 
shall consider alternative actions to avoid adverse effects on marine 
waters. If the head of the Federal agency finds that there is no 
practicable alternative that is consistent with the law, the head of 
the Federal agency shall modify the action, to the extent consistent 
with law, to minimize potential adverse effects on marine waters.''.

SEC. 213. REPORTS AND STUDIES.

    (a) Health Impacts Study.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration of the Department of Commerce 
        (referred to in this section as the ``Under Secretary''), in 
        collaboration with the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') and the Secretary of Health and Human 
        Services, shall conduct a study to determine the nature of any 
        relationship between the incidence of human illness and--
                    (A) pollutants in the marine environment; and
                    (B) shellfish consumption.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Under Secretary shall submit a 
        report describing the findings of the study to the Committee on 
        Environment and Public Works of the Senate, and the Committee 
        on Public Works and Transportation and the Committee on 
        Merchant Marine and Fisheries of the House of Representatives.
    (b) Economic Impact Study.--Not later than 1 year after the date of 
enactment of this Act, the Under Secretary, in consultation with the 
Administrator, the appropriate officials of State and local 
governments, commercial and recreational fishermen, and other 
interested persons, shall submit to Congress a study that identifies, 
evaluates, and quantifies the economic impacts of degradation in the 
quality of marine waters (including degradation attributable to 
floatables (as defined in section 502(25) of the Federal Water 
Pollution Control Act, as added by section 211(a))).
    (c) Algal Bloom Study.--
            (1) In general.--The Under Secretary shall conduct a study 
        of the impact that enhanced nitrogen levels in marine waters 
        may have on stimulating toxic algal blooms.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit a report 
        to Congress on the findings of the study.
    (d) Research of Microorganisms.--Not later than 2 years after the 
date of enactment of this Act, the Administrator shall submit to 
Congress a report on the potential use of microorganisms to degrade 
pollutants (including organic material and chemical pollutants) in 
municipal or industrial wastes before and after disposal in the marine 
environment.
    (e) Identification of Unregulated Contaminants.--
            (1) In general.--The Administrator shall conduct such 
        research and monitoring as the Administrator determines to be 
        necessary to identify unregulated pollutants in marine waters 
        that are not addressed in a guideline, criteria, standard, or 
        requirement developed pursuant to title III of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.).
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report that--
                    (A) identifies unregulated pollutants in marine 
                waters; and
                    (B) provides a plan that includes specific actions 
                and recommendations for establishing controls over the 
                pollutants through the pollution control authorities of 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.).

                    TITLE III--POLLUTION FROM SHIPS

SEC. 301. DEFINITION OF OPERATOR.

    (a) In General.--Subparagraph (b) of section 2(a)(5) of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901(a)(5)(B)) is amended by 
striking ``except the owner'' and all that follows through the end of 
the subparagraph and inserting the following: ``who by law, lease, 
contract, or other arrangement, provides a berth at a port or terminal 
or other mooring arrangement for the vessel to transfer cargo to or 
from shore;''.
    (b) Technical Amendments.--Section 6 of such Act (33 U.S.C. 1905) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``a person in 
                charge'' and inserting ``an operator''; and
                    (B) in paragraph (2), by striking ``Persons in 
                charge'' and inserting ``Operators''; and
            (2) in subsection (c)(2), by striking ``person in charge'' 
        and inserting ``operator''.

SEC. 302. PREVENTION OF POLLUTION FROM SHIPS.

    (a) In General.--Section 6 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1905) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``(2) If'' and inserting 
                        the following: ``(2)(A) Subject to subparagraph 
                        (B), if''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(B) The Secretary may issue a certificate attesting to the 
adequacy of reception facilities under this paragraph only if, prior to 
the issuance of the certificate, the Secretary conducts an onsite 
inspection of the reception facilities of the port or terminal that is 
the subject of the certificate.''; and
                    (B) in paragraph (3), by striking subparagraph (A) 
                and inserting the following new subparagraph:
            ``(A) is valid for the 5-year period beginning on the date 
        of issuance of the certificate, except that if--
                    ``(i) the charge for operation of the port or 
                terminal is transferred to a person or entity other 
                than the person or entity that is the operator on the 
                date of issuance of the certificate--
                            ``(I) the certificate shall expire on the 
                        date that is 30 days after the date of the 
                        transfer; and
                            ``(II) the new operator shall be required 
                        to submit an application for a certificate 
                        before a certificate may be issued for the port 
                        or terminal; or
                    ``(ii) the certificate is suspended or revoked by 
                the Secretary, the certificate shall cease to be valid; 
                and'';
            (2) by striking subsection (d) and inserting the following 
        new subsection:
    ``(d)(1) The Secretary shall maintain a list of ports or terminals 
with respect to which a certificate issued under this section--
            ``(A) is in effect; or
            ``(B) has been revoked or suspended.
    ``(2) The Secretary shall make the list referred to in paragraph 
(1) available to the general public.'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``Except in the 
                case'' and inserting ``Except as provided in paragraph 
                (3) and in the case'';
                    (B) in paragraph (2), by striking ``The Secretary'' 
                and inserting ``Except as provided in paragraph (3), 
                the Secretary''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(3)(A) Not later than 180 days after the date of enactment of 
this paragraph, the Secretary shall, by regulation, establish a 
procedure by which the Secretary of the department in which the Coast 
Guard is operating may assess a civil penalty against the operator of 
the port or terminal in lieu of denying entry to a ship, or to a 
terminal or facility pursuant to paragraph (1) or (2).
    ``(B) The amount of a penalty referred to in subparagraph (A) shall 
not exceed the maximum amount allowable per day of violation that the 
Secretary of the department in which the Coast Guard is operating may 
assess under this Act.
    ``(C) If the port or terminal remains in violation of an applicable 
requirement of a regulation referred to in paragraph (1) or (2) on the 
date that is 30 days after the date on which the Secretary initially 
determines that a port or terminal is in violation of an applicable 
requirement of a regulation, the Secretary shall revoke the certificate 
of the port or terminal.'';
            (4) in subsection (f)--
                    (A) by inserting ``(1)'' before ``The Secretary''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) Not later than 1 year after the date of enactment of this 
paragraph, the Secretary shall promulgate regulations that require the 
operator of each port or terminal that is subject to any requirement of 
the MARPOL Protocol relating to reception facilities to post a placard 
in a location that can easily be seen by port and terminal users. The 
placard shall state, at a minimum, that a user of a reception facility 
of the port or terminal should report to the Secretary any inadequacy 
of the reception facility.
    ``(B) The Secretary shall promulgate regulations to carry out this 
section, including specifications for the placards referred to in 
subparagraph (A).
    ``(C) The Secretary shall make available to the general public any 
report received by the Secretary under this paragraph.''; and
            (5) by adding at the end the following new subsection:
    ``(g) The Secretary shall--
            ``(1) establish a program to ensure that the owner, 
        operator, or person in charge of each port or terminal that is 
        not required to apply for a certificate under this section 
        makes available a reception facility that meets the 
        requirements for reception facilities under the regulations 
        promulgated under subsection (a)(2); and
            ``(2) not later than 2 years after the date of enactment of 
        this subsection, and every 2 years thereafter, provide a report 
        to Congress on Coast Guard activities regarding the ports and 
        terminals described in paragraph (1).''.
    (b) Refuse Record Books; Waste Management Plans; Notification of 
Crew and Passengers.--Section 4(b) of such Act (33 U.S.C. 1903(b)) is 
amended--
            (1) in paragraph (2), by striking subparagraph (A) and 
        inserting the following new subparagraph:
            ``(A) not later than 1 year after the date of enactment of 
        the Coastal Waters Improvement Act of 1993, issue regulations 
        that require each vessel to--
                    ``(i) maintain refuse records (either as part of 
                the log book of the vessel or in a separate record 
                book);
                    ``(ii) establish shipboard waste management plans; 
                and
                    ``(iii) display a placard and conduct a briefing 
                that notifies the crew and passengers of the vessel of 
                the requirements of Annex V of the Convention.''; and
            (2) by adding at the end the following new paragraph:
    ``(3)(A) The Secretary of Agriculture, acting through the 
Administrator of the Animal and Plant Health Inspection Service, shall 
assist the Secretary in carrying out the enforcement of this Act.
    ``(B) The Secretary of Agriculture, in coordination with the 
Secretary, shall review and revise boarding procedures of the Animal 
and Plant Health Inspection Service to improve the enforcement of this 
Act.
    ``(C) The review and revision of the boarding procedures referred 
to in subparagraph (B) shall include--
            ``(i) a revision of any boarding forms used by the 
        Secretary (including adding questions) to provide information 
        in sufficient detail to enable the Secretary to adequately 
        enforce this Act;
            ``(ii) the coordination of efforts of inspectors of the 
        Animal and Plant Health Inspection Service to facilitate the 
        tracking of vessels suspected to be in violation of this Act 
        from port to port;
            ``(iii) the coordination of the inspection activities of 
        the Animal and Plant Health Inspection Service with the animal 
        and plant inspection activities of the Coast Guard, to ensure 
        that any violation of this Act may be easily determined, and 
        that an appropriate penalty is assessed for the violation; and
            ``(iv) methods for using inspectors of the Animal and Plant 
        Health Inspection Service to determine compliance with the 
        regulations promulgated under section 6(a)(2).''.
    (c) Size and Use.--Section 3(a) of such Act (33 U.S.C. 1902(a)) is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) with respect to subparagraph (A) of subsection (a) of 
        section 4--
                    ``(A) to--
                            ``(i) manned oceangoing United States ships 
                        of 40 feet or more in length that are engaged 
                        in commerce and are documented under the laws 
                        of the United States or numbered by a State; 
                        and
                            ``(ii) a manned fixed or floating platform 
                        subject to the jurisdiction of the United 
                        States, or operated under the authority of the 
                        United States, wherever located; and
                    ``(B) to any other ship, of a size and use 
                specified by the Secretary, while in navigable waters 
                of the United States, except while transiting in 
                innocent passage and not enroute to a place in the 
                United States or a territory, possession, or 
                protectorate of the United States.''.
    (d) Penalties for Violations.--Section 9 of such Act (33 U.S.C. 
1908) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) If an appropriate official of the Coast Guard determines 
that a vessel does not comply with a requirement established under 
section 4 relating to the maintenance of refuse records, the posting of 
a placard, the briefing of a crew and passengers, or the implementation 
of a waste management plan, the official may issue a citation for the 
violation that requires a civil penalty, in an amount determined 
pursuant to this section, to be payable not later than 30 days after 
the issuance of the citation, unless by such date, the recipient of the 
citation submits a written request for a hearing on the assessment of 
the civil penalty pursuant to the citation.
    ``(2) A citation for a violation that requires a civil penalty may 
be issued by the appropriate Coast Guard official if, on the inspection 
of a vessel, an appropriate official of the Coast Guard determines 
that--
            ``(A) the person in charge of the vessel has no receipts 
        documenting--
                    ``(i) the disposal of garbage; or
                    ``(ii) in any case in which an incinerator is on 
                board the vessel, receipts documenting the disposal of 
                plastic residue, if any, from the incinerator;
            ``(B) there is no incinerator on board the vessel; or
            ``(C) the quantity of plastic waste materials on board the 
        vessel is too small with respect to the quantity of plastic 
        waste materials estimated to have been generated on board the 
        vessel (on the basis of documentation from the last legal 
        disposal of plastic waste materials from the vessel).
    ``(3) Not later than 30 days after the issuance of a citation 
pursuant to paragraph (2), the recipient of the citation shall either--
            ``(A) pay the amount of the civil penalty; or
            ``(B) submit a written request for a hearing on the 
        assessment of the civil penalty.
    ``(4) The Secretary shall consult with the Secretary of Agriculture 
to ensure that the record in a log book of the disposal of waste 
materials alone may not, for the purposes of this subsection, 
constitute proof of legal disposal of waste materials.''; and
            (3) in subsection (g), as redesignated by paragraph (1)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) in paragraph (1), as designated by subparagraph 
                (A), by striking ``or (d)'' and inserting ``or (e)''; 
                and
                    (C) by adding at the end the following new 
                paragraphs:
    ``(2) If the Secretary of the department in which the Coast Guard 
is operating--
            ``(A) conducts an investigation and refers a matter 
        pursuant to paragraph (2), to the appropriate official of a 
        foreign country that is a party to the MARPOL Protocol relating 
        to a violation or suspected violation of an owner, operator, or 
        person in charge of a vessel that is registered in the foreign 
        country of a requirement of the MARPOL Protocol; and
            ``(B) the official of the foreign country does not provide 
        a response that the Secretary determines appropriate,
paragraph (3) shall apply.
    ``(3) If the conditions referred to in subparagraphs (A) and (B) of 
paragraph (2) are met, the Secretary of the Treasury, on the request of 
the Secretary of the department in which the Coast Guard is operating, 
may with respect to the vessel referred to in paragraph (2) refuse or 
revoke--
            ``(A) the clearance required under section 4197 of the 
        Revised Statutes (46 U.S.C. App. 91);
            ``(B) a permit to proceed under section 4367 of the Revised 
        Statutes (46 U.S.C. App. 313); and
            ``(C) a permit to depart (as required under section 443 of 
        the Tariff Act of 1930 (19 U.S.C. 1443)),
whichever is applicable.
    ``(4) The Secretary of the department in which the Coast Guard is 
operating shall, not later than 1 year after the date of enactment of 
this paragraph, and annually thereafter, publish a list of any referral 
described in paragraph (2) including, with respect to each referral--
            ``(A) the date of transmittal; and
            ``(B) the date and nature of any response by the 
        appropriate official of the foreign country to whom the 
        referral is sent.''.
    (e) Ship Inspections; Reports to Secretary.--Section 8(c) of such 
Act (33 U.S.C. 1907(c)) is amended by adding at the end the following 
new paragraphs:
    ``(3)(A) The Secretary shall make available to the public a toll-
free telephone number for reporting violations of the MARPOL Protocol 
and this Act.
    ``(B) In carrying out this paragraph, the Secretary may--
            ``(i) enter into a cooperative agreement with the 
        appropriate official of the National Response Center to use the 
        telephone reporting service of the Center to provide for the 
        reporting of the violations referred to in the previous 
        sentence under the telephone reporting service; or
            ``(ii) establish a separate telephone reporting system.
    ``(C) The Secretary shall report to Congress annually on the 
effectiveness of the toll-free telephone reporting system. Each report 
shall include--
            ``(i) the number and types of referral calls related to 
        Annex V of the MARPOL Protocol received; and
            ``(ii) information regarding any investigations conducted 
        and enforcement actions taken in response to a call described 
        in clause (i).
    ``(4) On receipt of a report from an appropriate official of the 
Animal and Plant Health Inspection Service of the Department of 
Agriculture of a vessel in violation of this Act, the Secretary shall 
take such action as is necessary to ensure a followup inspection of the 
vessel.''.
    (f) Conforming Amendment.--Section 11(a)(3) of such Act (33 U.S.C. 
1910(a)(3)) is amended by striking ``section 9(e)'' and inserting 
``section 9(f)''.

SEC. 303. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

    (a) Compliance Reports.--Section 2201(a) of the Marine Plastic 
Pollution Research and Control Act of 1987 (33 U.S.C. 1902 note) is 
amended--
            (1) by striking ``for a period of 6 years''; and
            (2) by inserting before the period at the end the 
        following: ``and, not later than 1 year after the date of 
        enactment of the Coastal Waters Improvement Act of 1993, and 
        annually thereafter, shall publish in the Federal Register a 
        list of the enforcement actions taken against any domestic or 
        foreign vessel (including any commercial or recreational 
        vessel) pursuant to the Act to Prevent Pollution from Ships (33 
        U.S.C. 1901 et seq.)''.
    (b) Public Outreach Program.--Section 2204(a) of such Act (42 
U.S.C. 6981 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for a period of at least 3 years,'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(E) the requirements under this Act and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.) with respect to vessels and ports, and the 
                authority of citizens to report violations of this Act 
                and the Act to Prevent Pollution from Ships (33 U.S.C. 
                1901 et seq.).''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) Authorized activities.--
                    ``(A) Public outreach program.--A public outreach 
                program under paragraph (1) may include--
                            ``(i) developing and implementing a 
                        voluntary boaters' pledge program;
                            ``(ii) workshops with interested groups;
                            ``(iii) public service announcements;
                            ``(iv) distribution of leaflets and 
                        posters; and
                            ``(v) any other means appropriate to 
                        educating the public.
                    ``(B) Consultation.--In developing outreach 
                initiatives targeted at the interested groups that are 
                subject to the requirements of this title and the Act 
                to Prevent Pollution from Ships (33 U.S.C. 1901 et 
                seq.), the Secretary of the department in which the 
                Coast Guard is operating, in consultation with the 
                Secretary of Commerce, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration, 
                and the Administrator of the Environmental Protection 
                Agency, shall consult with--
                            ``(i) the heads of State agencies 
                        responsible for implementing State boating 
                        laws; and
                            ``(ii) the heads of other enforcement 
                        agencies that regulate boaters or commercial 
                        fishermen.
                    ``(C) Grants.--To carry out this section, the 
                Secretary of the department in which the Coast Guard is 
                operating, the Secretary of Commerce, and the 
                Administrator of the Environmental Protection Agency 
                are authorized to award grants, enter into cooperative 
                agreements, and provide other financial assistance to 
                eligible recipients.''.
    (c) Miscellaneous Provisions.--
            (1) In general.--The Marine Plastic Pollution Research and 
        Control Act of 1987 is amended by adding at the end the 
        following new subtitle:

                 ``Subtitle D--Miscellaneous Provisions

``SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVISIONS.

    ``Section 2302 of title 5, United States Code, shall apply to any 
employee of the Department of Transportation, the Department of 
Defense, or the Department of Agriculture, as described in subsection 
(a)(2)(B) of such section, who carries out any requirement of this Act 
or the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).

``SEC. 2402. REPORTS TO CONGRESS.

    ``If the Secretary of the department in which the Coast Guard is 
operating fails to meet a deadline specified in this Act or the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Secretary 
shall submit a written report to Congress that explains the reasons for 
the failure.

``SEC. 2403. FEES.

    ``(a) Prohibition.--Notwithstanding any other provision of law, a 
port or terminal, or a hauler that contracts with a port or terminal, 
shall be prohibited from charging a vessel a separate fee for the 
disposal of waste that is not regulated by the Secretary of Agriculture 
pursuant to the authority granted to the Secretary to carry out the 
functions of the Animal and Plant Health Inspection Service.
    ``(b) Condition for Certification.--The Secretary of the department 
in which the Coast Guard is operating, shall require as a condition of 
a certificate issued pursuant to section 6 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1905) that the holder of the 
certificate meet the requirements of subsection (a).

``SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

    ``It is the sense of Congress that--
            ``(1) certain insurance policies or rules of protection and 
        indemnity clubs that provide insurance for shippers should not 
        provide for the payment of a penalty under the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901 et seq.); and
            ``(2) the Secretary of the department in which the Coast 
        Guard is operating, acting through the Commandant of the Coast 
        Guard, should consult with the International Maritime 
        Organization to seek to establish international standards 
        prohibiting the issuance of a contract of insurance for the 
        sale of a policy that would provide for the payment of any 
        penalty under the Act to Prevent Pollution from Ships (33 
        U.S.C. 1901 et seq.) or under a law of a foreign country that 
        is a signatory of the MARPOL Protocol to carry out the MARPOL 
        Protocol.

``SEC. 2405. NOTICE OF ARRIVAL.

    ``The owner, master, agent, or person in charge of a vessel shall 
include in the notice of arrival required to be submitted to the 
Captain of the Port of the port or place of destination pursuant to the 
Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) information 
concerning the intention of the owner, master, or person in charge of 
the vessel with respect to the disposal of onboard waste at the port or 
place of destination.

``SEC. 2406. COORDINATION.

    ``(a) Establishment of Marine Debris Coordinating Committee.--The 
Administrator of the Environmental Protection Agency shall establish a 
Marine Debris Coordinating Committee (referred to in this section as 
the `Committee').
    ``(b) Membership.--The Committee shall be comprised of a 
representative from--
            ``(1) the Environmental Protection Agency, who shall serve 
        as the Chairperson of the Committee;
            ``(2) the National Oceanic and Atmospheric Administration;
            ``(3) the United States Coast Guard;
            ``(4) the United States Navy; and
            ``(5) such other Federal agencies as the Administrator of 
        the Environmental Protection Agency determines appropriate.
    ``(c) Meetings.--The Committee shall meet at least twice a year to 
provide a forum to ensure the coordination of national and 
international research, monitoring, education, and regulatory actions 
addressing the persistent marine debris problem.

``SEC. 2407. MONITORING.

    ``The Administrator of the Environmental Protection Agency, in 
cooperation with the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration, 
shall utilize the marine debris data derived under title V of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
2801 et seq.) to assist the United States Coast Guard in assessing the 
effectiveness of this Act.''.
            (2) Amendments to table of contents.--The table of contents 
        in section 2 of the United States-Japan Fishery Agreement 
        Approval Act of 1987 (101 Stat. 1458) is amended by adding at 
        the end of the items relating to title II of such Act the 
        following new items:

                 ``Subtitle D--Miscellaneous Provisions

``Sec. 2401. Applicability of whistle blower provisions.
``Sec. 2402. Reports to Congress.
``Sec. 2403. Fees.
``Sec. 2404. Sense of Congress regarding insurance.
``Sec. 2405. Notice of arrival.
``Sec. 2406. Coordination.
``Sec. 2407. Monitoring.''.

                                 <all>

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