I
103D CONGRESS
2D SESSION
H. R. 4668
To make improvements in the protection of coastal waters, to enhance imple-
mentation of the Marine Plastic Pollution Research and Control Act
of 1987, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 1994
Mr. HUGHES (for himself and Mr. PALLONE) introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To make improvements in the protection of coastal waters,
to enhance implementation of the Marine Plastic Pollu-
tion Research and Control Act of 1987, and for other
purposes.
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 Plastic Pollu-
tion Research and Control Act of 1994’’.
SEC. 2. POLLUTION FROM SHIPS.
(a) DEFINITION OF OPERATOR.—
(1) 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 moor-
ing arrangement for the ship to transfer cargo to or
from shore;’’.
(2) TECHNICAL
AMENDMENTS.—Section 6 of
such Act (33 U.S.C. 1905) is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘a
person in charge’’ and inserting ‘‘an opera-
tor’’; and
(ii) in the second sentence of para-
graph (2), by striking ‘‘Persons in charge’’
and inserting ‘‘Operators’’; and
(B) in subsection (c)(2), by striking ‘‘per-
son in charge’’ and inserting ‘‘operator’’.
(b) PREVENTION OF POLLUTION FROM SHIPS.—
(1) IN GENERAL.—Section 6 of such Act (33
U.S.C. 1905) is amended—
(A) in subsection (c)—
(i) in paragraph (2)—
(I) by striking ‘‘(2) If’’ and in-
serting the following: ‘‘(2)(A) Subject
to subparagraph (B), if’’; and
(II) by adding at the end the fol-
lowing new subparagraph:
‘‘(B) The Secretary may issue a certificate attesting
to the adequacy of reception facilities under this para-
graph only if, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the certifi-
cate.’’; and
(ii) in paragraph (3), by striking sub-
paragraph (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 oper-
ator 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 re-
quired to submit an application for a cer-
tificate 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’’;
(B) by striking subsection (d) and insert-
ing 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.’’;
(C) in subsection (e)—
(i) in paragraph (1), by striking ‘‘Ex-
cept in the case’’ and inserting ‘‘Except as
provided in paragraph (3) and in the
case’’;
(ii) in paragraph (2), by striking ‘‘The
Secretary’’ and inserting ‘‘Except as pro-
vided in paragraph (3), the Secretary’’;
and
(iii) by adding at the end the follow-
ing new paragraph:
‘‘(3)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall, by regu-
lation, establish a procedure by which the Secretary may
assess a civil penalty against the operator of a port or
terminal in lieu of denying the entry of a ship to the port
or terminal pursuant to paragraph (1) or (2).
‘‘(B) The amount of a penalty referred to in subpara-
graph (A) shall not exceed the maximum amount allowable
per day of violation that the Secretary may assess under
this Act.
‘‘(C) If a port or terminal remains in violation of an
applicable requirement of a regulation referred to in para-
graph (1) or (2) on the date that is 30 days after the
date on which the Secretary initially determines that the
port or terminal is in violation of an applicable require-
ment of a regulation, the Secretary shall revoke the certifi-
cate of the port or terminal.
‘‘(D) In addition to carrying out the duties specified
in subparagraphs (A) through (C), not later than 18
months after the date of enactment of this paragraph, the
Secretary shall develop, and issue regulations for, revoca-
tion and reinstatement procedures that the Secretary shall
apply in carrying out this paragraph.’’;
(D) in subsection (f)—
(i) by inserting ‘‘(1)’’ before ‘‘The
Secretary’’; and
(ii) by adding at the end the following
new paragraph:
‘‘(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promul-
gate 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 mini-
mum, 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 paragraph, including specifications for the
placards referred to in subparagraph (A).
‘‘(C) The Secretary shall make available to the gen-
eral public any report received by the Secretary under this
paragraph.’’; and
(E) 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 certifi-
cate under this section makes available a reception
facility that meets the requirements for reception fa-
cilities under the regulations promulgated under
subsection (a)(2); and
‘‘(2) not later than 2 years after the date of en-
actment of this subsection, and every 2 years there-
after, submit a report to Congress on Coast Guard
activities regarding the ports and terminals de-
scribed in paragraph (1).’’.
(2) REFUSE RECORD BOOKS; WASTE MANAGE-
MENT
PLANS; NOTIFICATION
OF
CREW
AND
PAS-
SENGERS.—Section 4(b) of such Act (33 U.S.C.
1903(b)) is amended—
(A) in paragraph (2), by inserting before
subparagraph (A) the following new subpara-
graph and redesignating the subsequent sub-
paragraphs accordingly:
‘‘(A) not later than 1 year after the date of en-
actment of the Marine Plastic Pollution Research
and Control Act of 1994, issue regulations that re-
quire each ship described in section 3(a)(1) of this
Act to which the Secretary determines these regula-
tions shall apply to—
‘‘(i) maintain refuse records (either as part
of the log book of the ship or in a separate
record book);
‘‘(ii) establish shipboard waste manage-
ment plans; and
‘‘(iii) display a placard and conduct a
briefing that notifies the crew and passengers
of the ship of the requirements of Annex V of
the Convention;’’; and
(B) 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 Inspec-
tion Service, shall assist the Secretary in carrying out the
enforcement of this Act, to the extent that the assistance
provided under this subparagraph does not impede the
ability of the Secretary of Agriculture, acting through the
Administrator of the Animal and Plant Health Inspection
Service, to carry out the functions of the Animal and Plant
Health Inspection Service.
‘‘(B) The Secretary of Agriculture, in coordination
with the Secretary, shall review and revise boarding proce-
dures of the Animal and Plant Health Inspection Service
to improve the enforcement of this Act.
‘‘(C) The review and revision of the boarding proce-
dures 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 Sec-
retary 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 ships suspected to be in vio-
lation of this Act from port to port;
‘‘(iii) the coordination of the inspection activi-
ties of the Animal and Plant Health Inspection
Service with the animal and plant inspection activi-
ties 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 Ani-
mal and Plant Health Inspection Service to deter-
mine compliance with the regulations promulgated
under section 6(a)(2).’’.
(3) SIZE AND USE.—Section 3(a) of such Act
(33 U.S.C. 1902(a)) is amended—
(A) in paragraph (3), by striking ‘‘and’’ at
the end;
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) with respect to section 4(b)(2)(A)—
‘‘(A) to—
‘‘(i) a manned oceangoing United
States ship of 40 feet or more in length
that is engaged in commerce and is docu-
mented under the laws of the United
States or numbered by a State; and
‘‘(ii) a manned fixed or floating plat-
form subject to the jurisdiction of the
United States, or operated under the au-
thority of the United States, wherever lo-
cated; and
‘‘(B) to any other ship of a size and use
specified by the Secretary not later than 18
months after the date of enactment of this
paragraph.’’.
(4) PENALTIES FOR VIOLATIONS.—Section 9 of
such Act (33 U.S.C. 1908) is amended—
(A) 
by 
redesignating 
subsections 
(c)
through (f) as subsections (d) through (g), re-
spectively;
(B) by inserting after subsection (b) the
following new subsection:
‘‘(c)(1) If an appropriate official of the Coast Guard
determines that a ship 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 writ-
ten 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 of-
ficial if, on the inspection of a ship, an appropriate official
of the Coast Guard determines that—
‘‘(A) the person in charge of the ship has no re-
ceipts documenting—
‘‘(i) the disposal of garbage; or
(i) by inserting ‘‘(1)’’ before ‘‘Not-
withstanding’’;
(ii) by striking ‘‘or (d)’’ and inserting
‘‘or (e)’’; and
(iii) by adding at the end the follow-
ing new paragraphs:
‘‘(2) If the Secretary—
‘‘(A) conducts an investigation and refers a
matter pursuant to paragraph (1) to the appropriate
official of a foreign country that is a party to the
MARPOL Protocol relating to a violation or sus-
pected violation by an owner, operator, or person in
charge of a ship 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 ap-
propriate;
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, may, with
respect to the ship referred to in paragraph (2), refuse
or revoke—
‘‘(A) a permit to proceed under section 4367 of
the Revised Statutes (46 U.S.C. App. 313); or
‘‘(B) a permit to depart (as required under sec-
tion 443 of the Tariff Act of 1930 (19 U.S.C.
1443));
whichever is applicable.
‘‘(4) The Secretary 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 para-
graph (1) 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.’’.
(5) SHIP
INSPECTIONS; 
REPORTS
TO
SEC-
RETARY.—Section 8(c) of such Act (33 U.S.C.
1907(c)) is amended by adding at the end the fol-
lowing 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 subparagraph (A) under the telephone report-
ing 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 re-
lated to Annex V of the MARPOL Protocol received;
and
‘‘(ii) information regarding any investigations
conducted and enforcement actions taken in re-
sponse to a call described in clause (i).
‘‘(4) On receipt of a report from an appropriate offi-
cial of the Animal and Plant Health Inspection Service
of the Department of Agriculture of a ship in violation
of this Act, the Secretary shall take such action as is nec-
essary to ensure a followup inspection of the ship.’’.
(6) 
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)’’.
(c) MARINE PLASTIC POLLUTION RESEARCH AND
CONTROL.—
(1) COMPLIANCE REPORTS.—Section 2201(a) of
the Marine Plastic Pollution Research and Control
Act of 1987 (Public Law 100–220; 33 U.S.C. 1902
note) is amended—
(A) by striking ‘‘for a period of 6 years’’;
and
(B) by inserting before the period at the
end the following: ‘‘and, not later than 1 year
after the date of enactment of the Marine Plas-
tic Pollution Research and Control Act of 1994,
and annually thereafter, shall publish in the
Federal Register a list of the enforcement ac-
tions taken against any domestic or foreign ship
(including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.)’’.
(2) PUBLIC
OUTREACH
PROGRAM.—Section
2204(a) of such Act (Public Law 100–220; 42
U.S.C. 6981 note) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘for a period of at
least 3 years,’’;
(ii) in subparagraph (C), by striking
‘‘and’’ at the end;
(iii) in subparagraph (D), by striking
the period at the end and inserting ‘‘;
and’’; and
(iv) 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 ships 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
(B) by striking paragraph (2) and insert-
ing 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 post-
ers; and
‘‘(v) any other means appropriate to
educating the public.
‘‘(B) CONSULTATION.—In developing out-
reach 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 Admin-
istration, and the Administrator of the Environ-
mental Protection Agency, shall consult with—
‘‘(i) the heads of State agencies re-
sponsible for implementing State boating
laws; and
‘‘(ii) the heads of other enforcement
agencies that regulate boaters or commer-
cial fishermen.
‘‘(C) GRANTS AND COOPERATIVE AGREE-
MENTS.—To carry out this section, the Sec-
retary 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 with
appropriate officials of other Federal agencies
and agencies of States and political subdivisions
of States, and provide other financial assistance
to eligible recipients.’’.
(3) MISCELLANEOUS PROVISIONS.—
(A) IN
GENERAL.—The Marine Plastic
Pollution Research and Control Act of 1987
(Public Law 100–220) is amended by adding at
the end the following new subtitle:
‘‘Subtitle D—Miscellaneous
Provisions
‘‘SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVI-
SIONS.
‘‘Section 2302 of title 5, United States Code, shall
apply to any employee of the Department of Transpor-
tation, 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. WASTE MANAGEMENT STUDY.
‘‘Not later than 2 years after the date of enactment
of this subtitle, the Secretary of the department in which
the Coast Guard is operating, in consultation with the Ad-
ministrator of the Environmental Protection Agency, shall
submit to Congress a written report that identifies poten-
tial improvements of the waste management practices at
port facilities. The study shall—
‘‘(1) characterize wastes as a function of the
type, size, number of crew and passengers, and
length of voyage of ships;
‘‘(2) identify incentives to promote onboard
waste management practices on ships, including the
use of source reduction, reuse and recycling strate-
gies, incinerators, compactors, pulpers, and shred-
ders;
‘‘(3) recommend organizational and business
processes required to establish effective and efficient
waste management programs, including the design
of the roles and responsibilities of all entities in-
volved (including ports and terminals) that would
improve the management of shipborne waste; and
‘‘(4) investigate positive incentives to including
the use of port reception facilities, including poten-
tially prohibiting separate fees for waste disposal.
‘‘SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.
‘‘It is the sense of Congress that—
‘‘(1) certain insurance policies or rules of pro-
tection 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 MARPOL Protocol (as de-
fined in section 2(a) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901(a))) 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 concern-
ing 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 COORDI-
NATING COMMITTEE.—The Administrator of the Environ-
mental Protection Agency shall establish a Marine Debris
Coordinating Committee (referred to in this section as the
‘Committee’).
‘‘(b) MEMBERSHIP.—The Committee shall include a
senior official from—
‘‘(1) the Environmental Protection Agency, who
shall serve as the Chairperson of the Committee;
‘‘(2) the National Oceanic and Atmospheric Ad-
ministration;
‘‘(3) the United States Coast Guard;
‘‘(4) the United States Navy; and
‘‘(5) such other Federal agencies that have an
interest in ocean issues or water pollution prevention
and control as the Administrator of the Environ-
mental 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, edu-
cation, 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 assess-
ing the effectiveness of this Act.’’.
(B) AMENDMENTS
TO
TABLE
OF
CON-
TENTS.—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 re-
lating 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. Waste management study.
‘‘Sec. 2404. Sense of Congress regarding insurance.
‘‘Sec. 2405. Notice of arrival.
‘‘Sec. 2406. Coordination.
‘‘Sec. 2407. Monitoring.’’.
SEC. 3. REGIONAL MARINE RESEARCH.
Section 407(a) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1447f(a)) is
amended by striking ‘‘1996’’ and inserting ‘‘2000’’.
Æ
HR 4668 IH——2
HR 4668 IH——3