[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2488 Reported in Senate (RS)]






                                                       Calendar No. 792
108th CONGRESS
  2d Session
                                S. 2488

                          [Report No. 108-401]

  To establish a program within the National Oceanic and Atmospheric 
  Administration and the United States Coast Guard to help identify, 
 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 SENATE OF THE UNITED STATES

                              June 2, 2004

 Mr. Inouye (for himself, Mr. Stevens, Mr. Hollings, Ms. Cantwell, Mr. 
 Breaux, and Mr. Akaka) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                            October 11, 2004

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 A BILL


 
  To establish a program within the National Oceanic and Atmospheric 
  Administration and the United States Coast Guard to help identify, 
 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.

    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 Debris Research 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 remarkably high 
        biological productivity, are of considerable 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 and navigation safety.
            (5) Marine debris is also a hazard to navigation, 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) Modern plastic materials persist for decades in the 
        marine environment and therefore pose the greatest potential 
        for long-term damage to the marine environment.
            (7) Lack of 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, priority attention to this issue, 
        and coordination at the Federal level has undermined the 
        development and implementation 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, assess, reduce, and prevent marine debris and 
        its adverse impacts on the marine environment and navigation 
        safety, in coordination with other Federal and non-Federal 
        entities;
            (2) to re-establish the Inter-agency Marine Debris 
        Coordinating Committee to ensure a coordinated government 
        response across Federal agencies;
            (3) to develop a Federal information clearinghouse to 
        enable researchers to study the scale and impact of marine 
        debris more efficiently; and
            (4) to take appropriate action in the international 
        community to prevent marine debris and reduce concentrations of 
        existing debris on a global scale.

SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.

    (a) Establishment of Program.--There is established, within the 
National Oceanic and Atmospheric Administration, a Marine Debris 
Prevention and Removal Program to reduce and prevent the occurrence and 
adverse impacts of marine debris on the marine environment and 
navigation safety.
    (b) Program Components.--Through the Program, the Under Secretary 
for Oceans and Atmosphere (Under Secretary) shall carry out the 
following activities:
            (1) Mapping, identification, impacts, removal, and 
        prevention.--The Under Secretary shall, in consultation with 
relevant Federal agencies, undertake marine debris mapping, 
identification, impact assessment, prevention, and removal efforts, 
with a focus on marine debris posing a threat to living marine 
resources (particularly endangered or protected species) and navigation 
safety, including--
                    (A) the establishment of a process for cataloguing 
                and maintaining an inventory of marine debris and its 
                impacts found in the United States navigable waters and 
                the United States exclusive economic zone, including 
                location, material, size, age, and origin, and impacts 
                on habitat, living marine resources, human health, and 
                navigation safety;
                    (B) measures to identify the origin, location, and 
                projected movement of marine debris within the United 
                States navigable waters and the United States exclusive 
                economic zone, including the use of oceanographic, 
                atmospheric, satellite, and remote sensing data; and
                    (C) development and implementation of strategies, 
                methods, priorities, and a plan, for removing marine 
                debris from United States navigable waters and within 
                the United States exclusive economic zone, including 
                development of local or regional protocols for removal 
of derelict fishing gear.
            (2) Reducing and preventing loss of gear.--The Under 
        Secretary shall improve efforts and actively seek to prevent 
        and reduce commercial fishing gear losses, as well as to reduce 
        adverse impacts of such gear on living marine resources and 
        navigation safety, including--
                    (A) research and development of alternatives to 
                gear posing threats to the marine environment, and 
                methods for marking gear used in specific fisheries to 
                enhance the tracking and identification of lost gear; 
                and
                    (B) development of voluntary or mandatory 
                management measures to reduce the loss and discard of 
                commercial fishing gear, such as incentive programs, 
                observer programs, toll-free reporting hotlines, and 
                computer-based notification forms.
            (3) Outreach.--The Under Secretary shall undertake outreach 
        and education of stakeholders, including the fishing, gear 
        manufacturers, and other marine-dependent industries, on 
        threats associated with marine debris and approaches to 
        identify, prevent, mitigate, monitor, and remove marine debris, 
        including outreach and education activities through public-
        private initiatives. The Under Secretary 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 Under Secretary shall provide 
        financial assistance, in the form of grants, through the 
        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 Under Secretary may waive all or 
                part of the matching requirement under subparagraph (A) 
                if the Under Secretary determines that no reasonable 
                means are available through which applicants can meet 
                the matching requirement and the probable benefit of 
                such project outweighs the public interest in such 
                matching requirement.
            (3) Amounts paid and services rendered under consent.--
                    (A) Consent decrees and orders.--The non-Federal 
                share of the cost of a project carried out under this 
                Act may include money paid pursuant to, or the value of 
                any in-kind service performed under, an administrative 
                order on consent or judicial consent decree that will 
                remove or prevent marine debris.
                    (B) Other decrees and orders.--The non-Federal 
                share of the cost of a project carried out under this 
                Act may not include any money paid pursuant to, or the 
                value of any in-kind service performed under, any other 
                administrative order or court order.
            (4) Eligibility.--Any natural resource management authority 
        of a State or other government authority whose activities 
        directly or indirectly affect research or regulation of marine 
        debris, and any educational or nongovernmental institutions 
        with demonstrated expertise in a field related to 
marine debris, are eligible to submit to the Under Secretary a marine 
debris proposal under the grant program.
            (5) Grant criteria and guidelines.--Within 180 days after 
        the date of enactment of this Act, the Under Secretary shall 
        promulgate necessary guidelines for implementation of the grant 
        program, including development of criteria and priorities for 
        grants. In developing those guidelines, the Under Secretary 
        shall consult with--
                    (A) the Interagency Marine Debris Committee;
                    (B) regional fishery management councils 
                established under the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.);
                    (C) State, regional, and local entities with marine 
                debris experience;
                    (D) marine-dependent industries; and
                    (E) non-governmental organizations involved in 
                marine debris research and mitigation activities 
                (including activities regarding commercial fishing 
                gear).
            (6) Project review and approval.--The Under Secretary 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 Under Secretary shall--
                    (A) provide for external merit-based peer review of 
                the proposal;
                    (B) after considering any written comments and 
                recommendations based on the review, approve or 
                disapprove the proposal; and
                    (C) provide written notification of that approval 
                or disapproval to the person who submitted the 
                proposal.
            (7) Project reporting.--Each grantee under this section 
        shall provide periodic reports as required by the Under 
        Secretary. Each report shall include all information required 
        by the Under Secretary for evaluating the progress and success 
        of the project.

SEC. 4. COAST GUARD PROGRAM.

    The Commandant of the Coast Guard shall, in cooperation with the 
Under Secretary, 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 
development of any appropriate amendments to MARPOL;
            (2) regulations to improve the implementation of the 
        requirement of MARPOL Annex V and the Act to Prevent Pollution 
        from Ships (33 U.S.C. 1901 et seq.) that all United States 
        ports and terminals maintain receptacles for disposing of 
        plastics, including measures to ensure that a sufficient 
        quantity of such facilities exist at all such ports and 
        terminals, requirements for logging the waste received, and for 
        Coast Guard comparison of vessel and port log books to 
        determine compliance;
            (3) regulations to require vessels, including 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 garbage, 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 
        disposal;
            (4) regulations to require United States fishing vessels to 
        report the loss and recovery of fishing gear and to expand to 
        smaller vessels existing requirements to maintain ship-board 
        receptacles and maintain a ship-board waste management plan, 
        taking into account potential economic impacts, technical 
        feasibility, and other factors;
            (5) the development, through outreach to commercial vessel 
        operators and recreational boaters, of a voluntary reporting 
        program, along with the establishment of a central reporting 
        location, for incidents of damage to vessels caused by marine 
        debris, as well as observed violations of existing laws and 
        regulations relating to disposal of plastics and other marine 
        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 reception facilities for 
        garbage.

SEC. 5. INTERAGENCY COORDINATION.

    (a) Interagency Marine Debris Committee Established.--There is 
established an Interagency Committee 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, assess, reduce, and 
prevent marine debris, including the joint funding of research and 
mitigation and prevention strategies.
    (b) Membership.--The Committee shall include a senior official 
from--
            (1) the National Oceanic and Atmospheric Administration, 
        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 Department of 
        Transportation;
            (6) the National Aeronautics and Space Administration;
            (7) the Marine Mammal Commission; and
            (8) such other Federal agencies that have an interest in 
        ocean issues or water pollution prevention and control as the 
        Secretary of Commerce 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.
    (d) 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 cooperation with the coastal States, Indian tribes, 
        local governments, and non-governmental organizations, shall 
        complete and submit to the Congress a report examining the 
        ecological and economic impact of marine debris, alternatives 
        for reducing, mitigating, preventing, and controlling the 
        harmful affects of marine debris, and the social and economic 
        costs and benefits of such alternatives.
            (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 debris;
                    (B) developing an effective strategy and approaches 
                to 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 prevention, reduction, 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 Committee 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 analysis of their 
                effectiveness;
                    (B) a summary of the marine debris inventory to be 
                maintained by the National Oceanic and Atmospheric 
                Administration;
                    (C) a review of the National Oceanic and 
                Atmospheric Administration program authorized by 
                section 3 of this Act, including projects funded and 
                accomplishments relating to reduction and prevention of 
                marine debris;
                    (D) a review of United States Coast Guard programs 
                and accomplishments relating to marine debris removal, 
                including enforcement and compliance with MARPOL 
                requirements; and
                    (E) estimated Federal and non-Federal funding 
                provided for marine debris and recommendations for 
                priority funding needs.
    (e) 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 develop a strategy 
and pursue in the International Maritime Organization and other 
appropriate international and regional forums, international action 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 requirements that 
        will assist in improving information collection, identification 
        and monitoring of marine debris, including plastics and 
        derelict fishing gear;
            (4) the establishment of an international database, 
        consistent with the information clearinghouse established under 
        section 7, that will provide current information on location, 
        source, prevention, and removal of marine debris, including 
        fishing gear;
            (5) the establishment of public-private partnerships and 
        funding sources for pilot programs that will assist in 
        implementation and compliance with marine debris requirements 
        in international agreements and guidelines;
            (6) the identification of possible amendments to and 
        provisions in the International Maritime Organization 
        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 Under Secretary, in coordination with the Committee, 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 locations of commercial 
        fishing and aquaculture activities using Geographic Information 
        System techniques;
            (2) a world-wide database which describes fishing gear and 
        equipment, and fishing practices, including information on gear 
        types and specifications;
            (3) guidance on the identification of gear fragments; 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) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce.
            (2) Committee.--The term ``Committee'' means the 
        Interagency Marine Debris Committee established 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 
        referred to as ``eastern special areas'' in Article 3(1) of the 
        Agreement between the United States of America and the Union of 
        Soviet Socialist Republics on the Maritime Boundary, signed 
        June 1, 1990.
            (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
        ``Annex 5'', 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)).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2005--
            (1) to the Secretary of Commerce for the purpose of 
        carrying out sections 3 and 7 of this Act, $10,000,000, of 
        which no more than 10 percent may be for administrative costs; 
        and
            (2) to the Secretary of the Department in which the Coast 
        Guard is operating, for the use of the Commandant of the Coast 
        Guard in carrying out sections 4 and 6 of this Act, $5,000,000, 
        of which no more than 10 percent may be used for administrative 
        costs.




                                                       Calendar No. 792

108th CONGRESS

  2d Session

                                S. 2488

                          [Report No. 108-401]

_______________________________________________________________________

                                 A BILL

  To establish a program within the National Oceanic and Atmospheric 
  Administration and the United States Coast Guard to help identify, 
 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.

_______________________________________________________________________

                            October 11, 2004

                       Reported without amendment