[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4668 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4668

 To make improvements in the protection of coastal waters, to enhance 
implementation 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 Pollution Research and Control Act 
                    of 1987, 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.

    This Act may be cited as the ``Marine Plastic Pollution 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 mooring 
        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 
                        operator''; and
                            (ii) in the second sentence of paragraph 
                        (2), by striking ``Persons in charge'' and 
                        inserting ``Operators''; and
                    (B) in subsection (c)(2), by striking ``person 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 
                                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 inspection 
of the reception facilities of the port or terminal that is the subject 
of the certificate.''; and
                            (ii) 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'';
                    (B) 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.'';
                    (C) in subsection (e)--
                            (i) in paragraph (1), by striking ``Except 
                        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 provided 
                        in paragraph (3), the Secretary''; and
                            (iii) by adding at the end the following 
                        new paragraph:
    ``(3)(A) Not later than 18 months after the date of enactment of 
this paragraph, the Secretary shall, by regulation, 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 subparagraph (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 paragraph (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 
requirement of a regulation, the Secretary shall revoke the certificate 
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, revocation 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 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 
paragraph, 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
                    (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 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, submit a report 
        to Congress on Coast Guard activities regarding the ports and 
        terminals described in paragraph (1).''.
            (2) 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--
                    (A) in paragraph (2), by inserting before 
                subparagraph (A) the following new subparagraph and 
                redesignating the subsequent subparagraphs accordingly:
            ``(A) not later than 1 year after the date of enactment of 
        the Marine Plastic Pollution Research and Control Act of 1994, 
        issue regulations that require each ship described in section 
        3(a)(1) of this Act to which the Secretary determines these 
        regulations 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 management 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 Inspection 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 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 ships 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).''.
            (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 period 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 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 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), respectively;
                    (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 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 ship, an appropriate official of the Coast Guard determines that--
            ``(A) the person in charge of the ship has no receipts 
        documenting--
                    ``(i) the disposal of garbage; or
                    ``(ii) in any case in which an incinerator is on 
                board the ship, the disposal of plastic residue, if 
                any, from the incinerator;
            ``(B) there is no incinerator on board the ship; or
            ``(C) the quantity of plastic waste materials on board the 
        ship is too small with respect to the quantity of plastic waste 
        materials estimated to have been generated on board the ship 
        (on the basis of documentation from the last legal disposal of 
        plastic waste materials from the ship).
    ``(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
                    (C) in subsection (g), as redesignated by paragraph 
                (1)--
                            (i) by inserting ``(1)'' before 
                        ``Notwithstanding'';
                            (ii) by striking ``or (d)'' and inserting 
                        ``or (e)''; and
                            (iii) by adding at the end the following 
                        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 suspected 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 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, 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 section 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 paragraph (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 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 subparagraph (A) 
        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 ship in violation of this Act, the Secretary shall 
take such action as is necessary 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 Plastic Pollution Research 
                and Control Act of 1994, and annually thereafter, shall 
                publish in the Federal Register a list of the 
                enforcement actions 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 subparagraph 
                        (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 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 and cooperative agreements.--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 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 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. 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 Administrator of the Environmental 
Protection Agency, shall submit to Congress a written report that 
identifies potential 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 strategies, incinerators, 
        compactors, pulpers, and shredders;
            ``(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 involved (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 potentially 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 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 MARPOL Protocol (as defined 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 
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 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 Administration;
            ``(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 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.''.
                    (B) 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. 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''.
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