[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Engrossed Amendment House (EAH)]


109th CONGRESS

  2d Session

                                 S. 362

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                    September 27, 2006.

    Resolved, That the bill from the Senate (S. 362) entitled ``An Act to 
establish a program within the National Oceanic and Atmospheric Administration 
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'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Debris Research, Prevention, 
and Reduction Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to help identify, determine sources of, assess, reduce, 
        and prevent marine debris and its adverse impacts on the marine 
        environment and navigation safety;
            (2) to reactivate the Interagency Marine Debris 
        Coordinating Committee; and
            (3) to develop a Federal marine debris information 
        clearinghouse.

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.--The Administrator, acting through the 
Program and subject to the availability of appropriations, shall carry 
out the following activities:
            (1) Mapping, identification, impact assessment, removal, 
        and prevention.--The Administrator 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 and navigation safety, including--
                    (A) the establishment of a process, building 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 
                navigable waters of the United States 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 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, including development of local or regional 
                protocols for removal of derelict fishing gear and 
                other marine debris.
            (2) Reducing and preventing loss of gear.--The 
        Administrator shall improve efforts to reduce adverse impacts 
        of lost and discarded fishing 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, recovery, and identification of 
                lost and discarded gear; and
                    (B) development of effective nonregulatory measures 
                and incentives to cooperatively reduce the volume of 
                lost and discarded fishing gear and to aid in its 
                recovery.
            (3) Outreach.--The Administrator shall undertake outreach 
        and education of the public and other stakeholders, such as the 
        fishing industry, fishing gear manufacturers, and other marine-
        dependent industries, and the plastic and waste management 
        industries, on sources of marine debris, threats associated 
        with marine debris and approaches 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, Cooperative Agreements, and Contracts.--
            (1) In general.--The Administrator, acting through the 
        Program, shall enter into cooperative agreements and contracts 
        and provide financial assistance in the form of grants for 
        projects to accomplish the purpose set forth in section 2(1).
            (2) Grant cost sharing requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), Federal funds for any grant 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 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.--If authorized by 
                the Administrator or the Attorney 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 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 State, local, or tribal government 
        whose activities affect research or regulation of marine 
        debris, and any institution of higher education, nonprofit 
        organization, or commercial organization with expertise in a 
        field related to marine debris, is eligible to submit to the 
        Administrator a marine debris proposal under the grant program.
            (5) Grant criteria and guidelines.--Within 180 days after 
        the date of the enactment of this Act, the Administrator shall 
        promulgate necessary guidelines for implementation of the grant 
        program, including development of criteria and priorities for 
        grants. In developing those guidelines, the Administrator shall 
        consult with--
                    (A) the Interagency 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 governmental 
                entities with marine debris experience;
                    (D) marine-dependent industries; and
                    (E) nongovernmental organizations involved in 
                marine debris research, prevention, or removal 
                activities.
            (6) Project review and approval.--The Administrator shall--
                    (A) review each marine debris project proposal to 
                determine if it meets the grant criteria and supports 
                the goals of this Act;
                    (B) after considering any written comments and 
                recommendations based on the review, approve or 
                disapprove the proposal; and
                    (C) provide 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 
        Administrator. Each report shall include all information 
        required by the Administrator for evaluating the progress and 
        success in meeting its stated goals, and impact of the grant 
        activities on the marine debris problem.

SEC. 4. COAST GUARD PROGRAM.

    (a) Strategy.--The Commandant of the Coast Guard, in consultation 
with the Interagency Committee, shall--
            (1) take actions to reduce violations of and improve 
        implementation 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;
            (2) take actions to cost-effectively monitor and enforce 
        compliance with MARPOL Annex V and the Act to Prevent Pollution 
        from Ships (33 U.S.C. 1901 et seq.), including through 
        cooperation and coordination with other Federal and State 
        enforcement programs;
            (3) take actions to improve compliance with requirements 
        under 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 and monitor the adequacy of 
        receptacles for the disposal of plastics and other garbage, 
        including through promoting voluntary government-industry 
        partnerships;
            (4) develop and implement a plan, in coordination with 
        industry and recreational boaters, to improve ship-board waste 
        management, including recordkeeping, and access to waste 
        reception facilities for ship-board waste;
            (5) take actions to improve international cooperation to 
        reduce marine debris; and
            (6) establish a voluntary reporting program for commercial 
        vessel operators and recreational boaters to report incidents 
        of damage to vessels and disruption of navigation caused by 
        marine debris, and observed violations of laws and regulations 
        relating to the disposal of plastics and other marine debris.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report evaluating the Coast Guard's progress in 
implementing subsection (a).
    (c) External Evaluation and Recommendations on Annex V.--
            (1) In general.--The Commandant of the Coast Guard shall 
        enter into an arrangement with the National Research Council 
        under which the National Research Council shall submit, by not 
        later than 18 months after the date of the enactment of this 
        Act and in consultation with the Commandant and the Interagency 
        Committee, to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a comprehensive report on the effectiveness of 
        international and national measures to prevent and reduce 
        marine debris and its impact.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) an evaluation of international and domestic 
                implementation of MARPOL Annex V and the Act to Prevent 
                Pollution from Ships (33 U.S.C. 1901 et seq.) and 
                recommendations of cost-effective actions to improve 
                implementation and compliance with such measures to 
                reduce impacts of marine debris;
                    (B) recommendation of additional Federal or 
                international actions, including changes to 
                international and domestic law or regulations, needed 
                to further reduce the impacts of marine debris; and
                    (C) evaluation of the role of floating fish 
                aggregation devices in the generation of marine debris 
                and existing legal mechanisms to reduce impacts of such 
                debris, focusing on impacts in the Western Pacific and 
                Central Pacific regions.

SEC. 5. INTERAGENCY COORDINATION.

    (a) Interagency Marine Debris Coordinating Committee.--Section 2203 
of the Marine Plastic Pollution Research and Control Act of 1987 (33 
U.S.C. 1914) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Establishment of Interagency Marine Debris Coordinating 
Committee.--There is established an Interagency Marine Debris 
Coordinating Committee 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, States, Indian tribes, and 
other nations, as appropriate.''; and
            (2) in subsection (c), by inserting ``public, interagency'' 
        before ``forum''.
    (b) Definition of Marine Debris.--The Administrator and the 
Commandant of the Coast Guard, in consultation with the Interagency 
Committee established under subsection (a), shall jointly develop and 
promulgate through regulations a definition of the term ``marine 
debris'' for purposes of this Act.
    (c) Reports.--
            (1) Interagency report on marine debris impacts and 
        strategies.--
                    (A) In general.--Not later than 12 months after the 
                date of the enactment of this Act, the Interagency 
                Committee, through the chairperson, shall complete and 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure and the Committee on 
                Resources of the House of Representatives a report 
                that--
                            (i) identifies sources of marine debris;
                            (ii) the ecological and economic impact of 
                        marine debris;
                            (iii) alternatives for reducing, 
                        mitigating, preventing, and controlling the 
                        harmful affects of marine debris;
                            (iv) the social and economic costs and 
                        benefits of such alternatives; and
                            (v) recommendations to reduce marine debris 
                        both domestically and internationally.
                    (B) Recommendations.--The report shall provide 
                strategies and recommendations on--
                            (i) establishing priority areas for action 
                        to address leading problems relating to marine 
                        debris;
                            (ii) developing strategies and approaches 
                        to prevent, reduce, remove, and dispose of 
                        marine debris, including through private-public 
                        partnerships;
                            (iii) establishing effective and 
                        coordinated education and outreach activities; 
                        and
                            (iv) ensuring Federal cooperation with, and 
                        assistance to, the coastal States (as that term 
                        is defined in section 304 of the Coastal Zone 
                        Management Act of 1972 (16 U.S.C. 1453)), 
                        Indian tribes, and local governments in the 
                        identification, determination of sources, 
                        prevention, reduction, management, mitigation, 
                        and control of marine debris and its adverse 
                        impacts.
            (2) Annual progress reports.--Not later than 3 years after 
        the date of the enactment of this Act, and biennially 
        thereafter, the Interagency Committee, through the chairperson, 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Resources of the House of Representatives a report that 
        evaluates United States and international progress in meeting 
        the purpose of this Act. The report shall include--
                    (A) the status of implementation of any 
                recommendations and strategies of the Interagency 
                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, including projects funded and 
                accomplishments relating to reduction and prevention of 
                marine debris;
                    (D) a review of 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.

SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE.

    The Administrator, in coordination with the Interagency Committee, 
shall--
            (1) maintain a Federal information clearinghouse on marine 
        debris that will be available to researchers and other 
        interested persons to improve marine debris source 
        identification, data sharing, and monitoring efforts through 
        collaborative research and open sharing of data; and
            (2) take the necessary steps to ensure the confidentiality 
        of such information (especially proprietary information), for 
        any information required by the Administrator to be submitted 
        by the fishing industry under this section.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Interagency committee.--The term ``Interagency 
        Committee'' means the Interagency Marine Debris Coordinating 
        Committee established under section 2203 of the Marine Plastic 
        Pollution Research and Control Act of 1987 (33 U.S.C. 1914).
            (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 V'', and ``Convention'' have the meaning given those 
        terms under section 2(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1901(a)).
            (5) Navigable waters.--The term ``navigable waters'' means 
        waters of the United States, including the territorial sea.
            (6) Territorial sea.--The term ``territorial sea'' means 
        the waters of the United States referred to in Presidential 
        Proclamation No. 5928, dated December 27, 1988.
            (7) Program.--The term ``Program'' means the Marine Debris 
        Prevention and Removal Program established under section 3.
            (8) State.--The term ``State'' means--
                    (A) any State of the United States that is impacted 
                by marine debris within its seaward or Great Lakes 
                boundaries;
                    (B) the District of Columbia;
                    (C) American Samoa, Guam, the Northern Mariana 
                Islands, Puerto Rico, and the Virgin Islands; and
                    (D) any other territory or possession of the United 
                States, or separate sovereign in free association with 
                the United States, that is impacted by marine debris 
                within its seaward boundaries.

SEC. 8. RELATIONSHIP TO OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this Act supersedes, or limits the authority of the 
Secretary of the Interior under, the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year 2006 
through 2010--
            (1) to the Administrator for carrying out sections 3 and 6, 
        $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 section 4, $2,000,000, of which no more 
        than 10 percent may be used for administrative costs.
            Attest:

                                                                          Clerk.