I 
109TH CONGRESS 
1ST SESSION H. R. 3692 
To establish a program within the National Oceanic and Atmospheric Admin-
istration and the United States Coast Guard to help identify, determine 
sources of, assess, reduce, and prevent marine debris and its adverse 
impacts on the marine environment and navigation safety, in coordination 
with non-Federal entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2005 
Mr. PALLONE (for himself, Ms. BORDALLO, Mr. CASE, Mr. FARR, and Mr. 
FILNER) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Resources, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish a program within the National Oceanic and 
Atmospheric Administration and the United States Coast 
Guard to help identify, determine sources of, assess, re-
duce, and prevent marine debris and its adverse impacts 
on the marine environment and navigation safety, in 
coordination with non-Federal entities, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Debris Re-
search, Prevention, and Reduction Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) The oceans, which comprise nearly three 
quarters of the Earth’s surface, are an important 
source of food and provide a wealth of other natural 
products that are important to the economy of the 
United States and the world. 
(2) Ocean and coastal areas are regions of re-
markably high biological productivity, are of consid-
erable importance for a variety of recreational and 
commercial activities, and provide a vital means of 
transportation. 
(3) Ocean and coastal resources are limited and 
susceptible to change as a direct and indirect result 
of human activities, and such changes can impact 
the ability of the ocean to provide the benefits upon 
which the Nation depends. 
(4) Marine debris, including plastics, derelict 
fishing gear, and a wide variety of other objects, has 
a harmful and persistent effect on marine flora and 
fauna and can have adverse impacts on human 
health.
(5) Marine debris is also a hazard to naviga-
tion, putting mariners and rescuers, their vessels, 
and consequently the marine environment at risk, 
and can cause economic loss due to entanglement of 
vessel systems. 
(6) Plastic materials persist for decades in the 
marine environment and therefore pose the greatest 
potential for long-term damage to the marine envi-
ronment. 
(7) Insufficient knowledge and data on the 
source, movement, and effects of plastics and other 
marine debris in marine ecosystems has hampered 
efforts to develop effective approaches for addressing 
marine debris. 
(8) Lack of resources, inadequate attention to 
this issue, and poor coordination at the Federal level 
has undermined the development and implementa-
tion of a Federal program to address marine debris, 
both domestically and internationally. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to establish programs within the National 
Oceanic and Atmospheric Administration and the 
United States Coast Guard to help identify, deter-
mine sources of, assess, reduce, and prevent marine 
debris and its adverse impacts on the marine envi-
ronment and navigation safety, in coordination with 
other Federal and non-Federal entities; 
(2) to re-establish the Inter-agency Marine De-
bris Coordinating Committee to ensure a coordinated 
government response across Federal agencies; 
(3) to develop a Federal information clearing-
house to enable researchers to study the sources, 
scale and impact of marine debris more efficiently; 
and 
(4) to take appropriate action in the inter-
national community to prevent marine debris and re-
duce concentrations of existing debris on a global 
scale. 
SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished, within the National Oceanic and Atmospheric Ad-
ministration, a Marine Debris Prevention and Removal 
Program to reduce and prevent the occurrence and ad-
verse impacts of marine debris on the marine environment 
and navigation safety. 
(b) PROGRAM COMPONENTS.—Through the Marine 
Debris Prevention and Removal Program, the Adminis-
trator shall carry out the following activities:
(1) MAPPING, IDENTIFICATION, IMPACT
AS-
SESSMENT, REMOVAL, AND PREVENTION.—The Ad-
ministrator shall, in consultation with relevant Fed-
eral agencies, undertake marine debris mapping, 
identification, impact assessment, prevention, and 
removal efforts, with a focus on marine debris pos-
ing a threat to living marine resources, particularly 
species identified as endangered or threatened under 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) and species protected under the Ma-
rine Mammal Protection Act of 1972 (16 U.S.C. 
1631 et seq.), and navigation safety, including— 
(A) the establishment of a process, build-
ing on existing information sources maintained 
by Federal agencies such as the Environmental 
Protection Agency and the Coast Guard, for 
cataloguing and maintaining an inventory of 
marine debris and its impacts found in the nav-
igable waters of the United states and the 
United States exclusive economic zone, includ-
ing location, material, size, age, and origin, and 
impacts on habitat, living marine resources, 
human health, and navigation safety; 
(B) measures to identify the origin, loca-
tion, and projected movement of marine debris
within the United States navigable waters, the 
United States exclusive economic zone, and the 
high seas, including the use of oceanographic, 
atmospheric, satellite, and remote sensing data; 
and 
(C) development and implementation of 
strategies, methods, priorities, and a plan for 
preventing and removing marine debris from 
United States navigable waters and within the 
United States exclusive economic zone, includ-
ing development of local or regional protocols 
for removal of derelict fishing gear. 
(2) REDUCING
AND
PREVENTING
LOSS
OF 
GEAR.—The Administrator shall improve efforts and 
actively seek to prevent and reduce fishing gear 
losses, as well as to reduce adverse impacts of such 
gear on living marine resources and navigation safe-
ty, including— 
(A) research and development of alter-
natives to gear posing threats to the marine en-
vironment, and methods for marking gear used 
in specific fisheries to enhance the tracking, re-
covery, and identification of lost and discarded 
gear; and
(B) development of voluntary or manda-
tory measures to reduce the loss and discard of 
fishing gear, and to aid its recovery, such as in-
centive programs, reporting loss and recovery of 
gear, observer programs, toll-free reporting hot-
lines, computer-based notification forms, and 
providing adequate and free disposal receptacles 
at ports. 
(3) OUTREACH.—The Administrator shall un-
dertake outreach and education of the public and 
other stakeholders, such as the fishing industry, 
fishing gear manufacturers, and other marine-de-
pendent industries, on sources of marine debris, 
threats associated with marine debris and ap-
proaches to identify, determine sources of, assess, 
reduce, and prevent marine debris and its adverse 
impacts on the marine environment and navigational 
safety, including outreach and education activities 
through public-private initiatives. The Administrator 
shall coordinate outreach and education activities 
under this paragraph with any outreach programs 
conducted under section 2204 of the Marine Plastic 
Pollution Research and Control Act of 1987 (33 
U.S.C. 1915). 
(c) GRANTS.—
(1) IN GENERAL.—The Administrator shall pro-
vide financial assistance, in the form of grants, 
through the Marine Debris Prevention and Removal 
Program for projects to accomplish the purposes of 
this Act. 
(2) 50 PERCENT MATCHING REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), Federal funds for any 
project under this section may not exceed 50 
percent of the total cost of such project. For 
purposes of this subparagraph, the non-Federal 
share of project costs may be provided by in- 
kind contributions and other noncash support. 
(B) WAIVER.—The Administrator may 
waive all or part of the matching requirement 
under subparagraph (A) if the Administrator 
determines that no reasonable means are avail-
able through which applicants can meet the 
matching requirement and the probable benefit 
of such project outweighs the public interest in 
such matching requirement. 
(3) AMOUNTS PAID AND SERVICES RENDERED 
UNDER CONSENT.— 
(A) CONSENT DECREES AND ORDERS.—If 
authorized by the Administrator or the Attor-
ney General, as appropriate, the non-Federal 
share of the cost of a project carried out under 
this Act may include money paid pursuant to, 
or the value of any in-kind service performed 
under, an administrative order on consent or 
judicial consent decree that will remove or pre-
vent marine debris. 
(B) OTHER DECREES AND ORDERS.—The 
non-Federal share of the cost of a project car-
ried out under this Act may not include any 
money paid pursuant to, or the value of any in- 
kind service performed under, any other admin-
istrative order or court order. 
(4) ELIGIBILITY.—Any natural resource man-
agement authority of a State, Federal or other gov-
ernment authority whose activities directly or indi-
rectly affect research or regulation of marine debris, 
and any educational or nongovernmental institutions 
with demonstrated expertise in a field related to ma-
rine debris, are eligible to submit to the Adminis-
trator a marine debris proposal under the grant pro-
gram. 
(5) GRANT CRITERIA AND GUIDELINES.—With-
in 180 days after the date of enactment of this Act, 
the Administrator shall promulgate necessary guide-
lines for implementation of the grant program, in-
cluding development of criteria and priorities for 
grants. Such priorities may include proposals that 
would reduce new sources of marine debris and pro-
vide additional benefits to the public, such as recy-
cling of marine debris or use of biodegradable mate-
rials. In developing those guidelines, the Adminis-
trator shall consult with— 
(A) the Interagency Marine Debris Com-
mittee; 
(B) regional fishery management councils 
established under the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 
U.S.C. 1801 et seq.); 
(C) State, regional, and local governmental 
entities with marine debris experience; 
(D) marine-dependent industries; and 
(E) non-governmental organizations in-
volved in marine debris research, prevention, or 
removal activities. 
(6) PROJECT
REVIEW
AND
APPROVAL.—The 
Administrator shall review each marine debris 
project proposal to determine if it meets the grant 
criteria and supports the goals of the Act. Not later
than 120 days after receiving a project proposal 
under this section, the Administrator shall— 
(A) provide for external merit-based peer 
review of the proposal; 
(B) after considering any written com-
ments and recommendations based on the re-
view, approve or disapprove the proposal; and 
(C) provide written notification of that ap-
proval or disapproval to the person who sub-
mitted the proposal. 
(7) PROJECT REPORTING.—Each grantee under 
this section shall provide periodic reports as required 
by the Administrator. Each report shall include all 
information required by the Administrator for evalu-
ating the progress and success in meeting its stated 
goals, and impact on the marine debris problem. 
SEC. 4. COAST GUARD PROGRAM. 
The Commandant of the Coast Guard shall, in co-
operation with the Administrator, undertake measures to 
reduce violations of MARPOL Annex V and the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) 
with respect to the discard of plastics and other garbage 
from vessels. The measures shall include— 
(1) the development of a strategy to improve 
monitoring and enforcement of current laws, as well
as recommendations for statutory or regulatory 
changes to improve compliance and for the develop-
ment of any appropriate amendments to MARPOL; 
(2) regulations to address implementation gaps 
with respect to the requirement of MARPOL Annex 
V and section 6 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1905) that all United States ports 
and terminals maintain receptacles for disposing of 
plastics and other garbage, which may include meas-
ures to ensure that a sufficient quantity of such fa-
cilities exist at all such ports and terminals, require-
ments for logging the waste received, and for Coast 
Guard comparison of vessel and port log books to 
determine compliance, taking into account potential 
economic impacts and technical feasibility; 
(3) regulations to close record keeping gaps, 
which may include requiring fishing vessels under 
400 gross tons entering United States ports to 
maintain records subject to Coast Guard inspection 
on the disposal of plastics and other garbage, that, 
at a minimum, include the time, date, type of gar-
bage, quantity, and location of discharge by latitude 
and longitude or, if discharged on land, the name of 
the port where such material is offloaded for dis-
posal, taking into account potential economic im-
pacts and technical feasibility; 
(4) regulations to improve ship-board waste 
management, which may include expanding to small-
er vessels existing requirements to maintain ship- 
board receptacles and maintain a ship-board waste 
management plan, taking into account potential eco-
nomic impacts and technical feasibility; 
(5) the development, through outreach to com-
mercial vessel operators and recreational boaters, of 
a voluntary reporting program, along with the estab-
lishment of a central reporting location, for incidents 
of damage to vessels caused by marine debris, as 
well as observed violations of existing laws and regu-
lations relating to disposal of plastics and other ma-
rine debris; and 
(6) a voluntary program encouraging United 
States flag vessels to inform the Coast Guard of any 
ports in other countries that lack adequate port re-
ception facilities for garbage. 
SEC. 5. INTERAGENCY COORDINATION. 
(a) INTERAGENCY MARINE DEBRIS COMMITTEE ES-
TABLISHED.—There is established an Interagency Com-
mittee on Marine Debris to coordinate a comprehensive 
program of marine debris research and activities among
Federal agencies, in cooperation and coordination with 
non-governmental organizations, industry, universities, 
and research institutions, State governments, Indian 
tribes, and other nations, as appropriate, and to foster 
cost-effective mechanisms to identify, determine sources 
of, assess, reduce, and prevent marine debris, and its ad-
verse inpact on the marine environment and navigational 
safety, including the joint funding of research and mitiga-
tion and prevention strategies. 
(b) MEMBERSHIP.—The Committee shall include a 
senior official from— 
(1) the National Oceanic and Atmospheric Ad-
ministration, who shall serve as the chairperson of 
the Committee; 
(2) the United States Coast Guard; 
(3) the Environmental Protection Agency; 
(4) the United States Navy; 
(5) the Maritime Administration of the Depart-
ment of Transportation; 
(6) the National Aeronautics and Space Admin-
istration; 
(7) the U.S. Fish and Wildlife Service; 
(8) the Department of State; 
(9) the Marine Mammal Commission; and
(10) such other Federal agencies that have an 
interest in ocean issues or water pollution prevention 
and control as the Administrator determines appro-
priate. 
(c) MEETINGS.—The Committee shall meet at least 
twice a year to provide a public, interagency forum to en-
sure the coordination of national and international re-
search, monitoring, education, and regulatory actions ad-
dressing the persistent marine debris problem. 
(d) DEFINITION.—The Committee shall develop and 
promulgate through regulation a definition of the term 
‘‘marine debris’’. 
(e) REPORTING.— 
(1) INTERAGENCY REPORT ON MARINE DEBRIS 
IMPACTS
AND
STRATEGIES.—Not later than 12 
months after the date of the enactment of this Act, 
the Committee, through the chairperson, and in co-
operation with the coastal States, Indian tribes, local 
governments, and non-governmental organizations, 
shall complete and submit to the Congress a report 
identifying the source of marine debris, examining 
the ecological and economic impact of marine debris, 
alternatives for reducing, mitigating, preventing, and 
controlling the harmful affects of marine debris, the 
social and economic costs and benefits of such alter-
natives, and recommendations regarding both do-
mestic and international marine debris issues. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall provide recommendations on— 
(A) establishing priority areas for action to 
address leading problems relating to marine de-
bris; 
(B) developing an effective strategy and 
approaches to preventing, reducing, removing, 
and disposing of marine debris, including 
through private-public partnerships; 
(C) providing appropriate infrastructure 
for effective implementation and enforcement of 
measures to prevent and remove marine debris, 
especially the discard and loss of fishing gear; 
(D) establishing effective and coordinated 
education and outreach activities; and 
(E) ensuring Federal cooperation with, and 
assistance to, the coastal States (as defined in 
section 304(4) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1453(4))), Indian 
tribes, and local governments in the identifica-
tion, determination of sources, prevention, re-
duction, management, mitigation, and control of 
marine debris and its adverse impacts.
(3) ANNUAL
PROGRESS
REPORTS.—Not later 
than 2 years after the date of the enactment of this 
Act, and every year thereafter, the Committee, 
through the chairperson, shall submit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Resources of the 
House of Representatives a report that evaluates 
United States and international progress in meeting 
the purposes of this Act. The report shall include— 
(A) the status of implementation of the 
recommendations of the Committee and anal-
ysis of their effectiveness; 
(B) a summary of the marine debris inven-
tory to be maintained by the National Oceanic 
and Atmospheric Administration; 
(C) a review of the National Oceanic and 
Atmospheric Administration program author-
ized by section 3 of this Act, including projects 
funded and accomplishments relating to reduc-
tion and prevention of marine debris; 
(D) a review of United States Coast Guard 
programs and accomplishments relating to ma-
rine debris removal, including enforcement and 
compliance with MARPOL requirements; and
(E) estimated Federal and non-Federal 
funding provided for marine debris and rec-
ommendations for priority funding needs. 
(f) MONITORING.—The Administrator, in cooperation 
with the Administrator of the Environmental Protection 
Agency, shall utilize the marine debris data derived under 
this Act and title V of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to 
assist— 
(1) the Committee in ensuring coordination of 
research, monitoring, education, and regulatory ac-
tions; and 
(2) the United States Coast Guard in assessing 
the effectiveness of this Act and the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901 et seq.) in en-
suring compliance under section 2201 of the Marine 
Plastic Pollution Research and Control Act of 1987 
(33 U.S.C. 1913). 
(g) CONFORMING AMENDMENT.—Section 2203 of the 
Marine Plastic Pollution Research and Control Act of 
1987 (33 U.S.C. 1914) is repealed. 
SEC. 6. INTERNATIONAL COOPERATION. 
The Interagency Marine Debris Committee shall de-
velop a strategy that may be pursued by the United States 
in the International Maritime Organization and other ap-
propriate international and regional forums to reduce the 
incidence of marine debris, including— 
(1) the inclusion of effective and enforceable 
marine debris prevention and removal measures in 
international and regional agreements, including 
fisheries agreements and maritime agreements; 
(2) measures to strengthen and to improve 
compliance with MARPOL Annex V; 
(3) national reporting and information require-
ments that will assist in improving information col-
lection, identification and monitoring of marine de-
bris; 
(4) the establishment of an international data-
base, consistent with the information clearinghouse 
established under section 7, that will provide current 
information on location, source, prevention, and re-
moval of marine debris; 
(5) the establishment of public-private partner-
ships and funding sources for pilot programs that 
will assist in implementation and compliance with 
marine debris requirements in international agree-
ments and guidelines; 
(6) the identification of possible amendments to 
and provisions in the International Maritime Organi-
zation Guidelines for the Implementation of Annex V 
of MARPOL for potential inclusion in Annex V; and 
(7) when appropriate assist the responsible 
Federal agency in bilateral negotiations to effectively 
enforce marine debris prevention. 
SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE. 
The Administrator, in coordination with the Com-
mittee, shall maintain a Federal information clearinghouse 
on marine debris that will be available to researchers and 
other interested parties to improve source identification, 
data sharing, and monitoring efforts through collaborative 
research and open sharing of data. The clearinghouse shall 
include— 
(1) standardized protocols to map the general 
locations of commercial fishing and aquaculture ac-
tivities using Geographic Information System tech-
niques; 
(2) a world-wide database which describes fish-
ing gear and equipment, and fishing practices, in-
cluding information on gear types and specifications; 
(3) guidance on the identification of types of 
fishing gear fragments and their sources developed 
in consultation with persons of relevant expertise; 
and
(4) the data on mapping and identification of 
marine debris to be developed pursuant to section 
3(b)(1) of this Act. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Interagency Marine Debris Committee es-
tablished by section 5 of this Act. 
(3) UNITED
STATES
EXCLUSIVE
ECONOMIC 
ZONE.—The term ‘‘United States exclusive economic 
zone’’ means the zone established by Presidential 
Proclamation Numbered 5030, dated March 10, 
1983, including the ocean waters of the areas re-
ferred to as ‘‘eastern special areas’’ in article 3(1) 
of the Agreement between the United States of 
America and the Union of Soviet Socialist Republics 
on the Maritime Boundary, signed June 1, 1990. 
(4) MARPOL; ANNEX
V; CONVENTION.—The 
terms ‘‘MARPOL’’, ‘‘Annex V’’, and ‘‘Convention’’ 
have the meaning given those terms in paragraphs 
(3) and (4) of section 2(a) of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901(a)).
(5) NAVIGABLE WATERS.—The term ‘‘navigable 
waters’’ has the meaning given that term by section 
502(7) of the Federal Water Pollution Control Act 
(33 U.S.C. 1362(7)). 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fis-
cal year 2006 through 2010— 
(1) to the Administrator for the purpose of car-
rying out sections 3 and 7 of this Act, $10,000,000, 
of which no more than 10 percent may be for ad-
ministrative costs; and 
(2) to the Secretary of the Department in which 
the Coast Guard is operating, for the use of the 
Commandant of the Coast Guard in carrying out 
sections 4 and 6 of this Act, $5,000,000, of which 
no more than 10 percent may be used for adminis-
trative costs. 
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