[House Report 109-332]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-332
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
         MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION ACT

                                _______
                                

 July 25, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                         [To accompany S. 362]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (S. 362) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 7, 
        $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, $2,000,000, of which no 
        more than 10 percent may be used for administrative costs.

                       Purpose of the Legislation

    S. 362, the Marine Debris Research, Prevention and 
Reduction Act, establishes a marine debris prevention and 
removal program within the National Oceanic and Atmospheric 
Administration (NOAA), strengthens the Coast Guard's 
capabilities to improve and enforce compliance with laws and 
regulations regarding the disposal of plastics and other 
garbage from vessels, and reactivates the Interagency Marine 
Debris Coordinating Committee to coordinate marine debris 
research and activities throughout the Federal government.

                Background and Need for the Legislation

    Marine debris is derived from a variety of sources on land 
and at sea with approximately 20 percent of the total amount 
resulting from ocean-based activities, including lost or 
abandoned fishing gear, galley waste and trash from vessels and 
offshore oil and gas facilities.
    Marine debris degrades very slowly, is highly buoyant, and 
can be carried thousands of miles by ocean currents. The life 
span of marine debris ranges from two weeks (for some paper 
products) to 450 years (in the case of plastics). Effects of 
both land-based sources and ocean-based sources can have 
negative impacts on living marine organisms. Studies have also 
found that lost fishing gear poses significant entanglement 
threats to many marine organisms, including fish, crabs, birds 
and marine mammals. Marine debris also has serious consequences 
for humans. Broken glass and medical waste on beaches, as well 
as ropes and lost fishing gear can pose serious threats to 
beachgoers, boaters and divers. Human health concerns, due to 
medical waste debris on beaches, have led to beach closures 
causing additional economic harm to coastal communities.
    There are a number of initiatives to reduce and prevent 
marine debris. Internationally, controls for at-sea dumping of 
garbage generated on land were enacted in 1972 through the 
Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter (referred to as the London Convention). 
Additional attention was given to marine debris when a 1978 
protocol was added to the 1973 International Convention for the 
Prevention of Pollution by Ships (MARPOL Convention) to prevent 
at-sea disposal of garbage generated during routine ship 
operations. Annex V of the MARPOL Convention prohibits all 
overboard disposal of plastics and limits other discharges 
based on the material and the vessel's location and distance 
from shore.
    National marine debris initiatives that affect U.S. waters 
from the shore to 200 miles and the actions taken by U.S. 
citizens onboard ships include: the Act to Prevent Pollution 
from Ships, which implements Annex V of MARPOL, by prohibiting 
the disposal of garbage within 3 nautical miles of the coast; 
the Marine Plastic Pollution Research and Control Act; the 
Driftnet Impact Monitoring, Assessment and Control Act; the 
Clean Water Act; Title I of the Marine Protection, Research, 
and Sanctuaries Act (referred to as the Ocean Dumping Act); and 
the Beaches Environmental Assessment and Coastal Health Act. In 
addition, coastal and Great Lakes states and territories have 
also instituted laws and entered into public-private 
initiatives to reduce and prevent marine debris.
    From 1985 to 1996 NOAA developed and directed a 
comprehensive marine debris and research and management 
program, which later became the Marine Entanglement Research 
Program. More recently, Congress has appropriated funds to NOAA 
to reduce the effects of marine debris in unique and remote 
ecosystems like the Northwestern Hawaiian Islands. In fiscal 
year 2005, Congress appropriated $5 million to NOAA to 
undertake a national effort focused on identifying, removing, 
reducing and preventing the occurrence of marine debris, with 
particular attention on identifying and reducing impacts on 
endangered and threatened or protected species and sensitive 
habitats in United States waters.
    The U.S. Coast Guard (USCG) currently enforces Annex V of 
MARPOL on board applicable U.S. and foreign vessels operating 
in the U.S. and internationally through ensuring compliance 
with the regulations in 33 Code of Federal Regulations 151, 
Part A. The USCG also enforces shore side facility regulations 
found in 33 Code of Federal Regulations 158, Part D. Foreign 
vessels that must meet MARPOL and U.S. requirements for garbage 
handling and management have their placards, plans, and 
equipment evaluated during port state control examinations that 
take place once each year. The evaluation takes place on board 
all U.S. certificated vessels during their inspections or 
reinspections for certification. Any violations of these 
regulations found by the USCG may result in administrative, 
civil, or criminal actions.

                       Summary of the Legislation

    S. 362, the Marine Debris Research, Prevention and 
Reduction Act, establishes a marine debris prevention and 
removal program within the NOAA, strengthens the Coast Guard's 
capabilities to improve and enforce compliance with laws and 
regulations regarding the disposal of plastics and other 
garbage from vessels, and reactivates the Interagency Marine 
Debris Coordinating Committee to coordinate marine debris 
research and activities throughout the Federal government.
    The Committee is aware that the Coast Guard has initiated 
an environmental impact statement and a rulemaking regarding 
its development of new regulations related to the incidental 
discharge of cargo residue in the Great Lakes. Over the years, 
the Committee has carefully followed and actively participated 
in the development of the enforcement policy for cargo residue 
on the Great Lakes. The Committee appreciates the Coast Guard's 
management of this issue over the years and supports the 
ongoing rulemaking process. Nothing in this law is intended to 
effect, impede, or change that ongoing process, including 
agency jurisdiction, in any way.
    Section 1 states that the legislation may be referred to as 
the ``Marine Debris Research, Prevention and Reduction Act''.
    Section 2 lists the purposes of the bill: to help identify, 
determine sources of, assess, reduce, and prevent marine debris 
and its adverse impacts on the marine environment and 
navigation safety; to reactivate the Interagency Marine Debris 
Coordinating Committee; and to develop a federal marine debris 
information clearinghouse.
    Section 3 establishes a Marine Debris Prevention and 
Removal Program within the National Oceanic and Atmospheric 
Administration (NOAA) that is aimed at reducing and preventing 
the occurrence and adverse impacts of marine debris on the 
marine environment and navigational safety. The program 
includes mapping, identification, impact assessment, removal 
and prevention of marine debris, with a focus on threats to 
living marine resources including species protected under the 
Endangered Species Act and Marine Mammal Protection Act. The 
program also includes efforts aimed at reducing and preventing 
loss of fishing gear and a separate outreach and education 
program. The nonregulatory measures and incentives to 
cooperatively reduce the volume of lost and discarded fishing 
gear and to aid in its recovery could include toll free 
reporting hotlines and computer-based notification forms.
    Section 3 also authorizes NOAA to provide grants to non-
federal entities whose activities affect research or regulation 
of marine debris and entities with expertise in a field related 
to marine debris. Under this section, NOAA is required to 
review each grant proposal to determine if it meets the grant 
criteria and supports the goals of the Act, take the review 
into consideration when approving or disapproving the grant, 
and provide notification of approval or disapproval to the 
applicant. In addition, each grantee is required to provide 
periodic reports as required by NOAA.
    Section 4 requires the Coast Guard to take measures to 
improve compliance and enforcement of laws and international 
agreements regarding the discard of plastics and garbage from 
vessels. This section also directs the Coast Guard to improve 
compliance with requirements regarding the availability of 
garbage receptacles at ports and terminals and to work with 
industry and recreational boaters to develop a plan to improve 
shipboard management of garbage. Section 4 also directs the 
Coast Guard to develop and implement a plan, in coordination 
with recreational and commercial boaters, to improve shipboard 
waste management and access to waste-reception facilities for 
all vessels, take actions to improve international coordination 
to reduce marine debris, and to establish a voluntary reporting 
program to receive information on damage to vessels and 
disruption of navigation caused by marine debris and observed 
violations of regulations regarding the disposal of plastics 
and other garbage from vessels.
    This section also directs the Coast Guard to submit a 
report to Congress detailing the progress in implementing the 
measures required under this section and directs the Coast 
Guard to enter into an agreement with the National Research 
Council to conduct a report on the effectiveness of 
international and domestic measures to prevent and reduce 
marine debris and its impact.
    The actions required under this section are intended to 
strengthen the Coast Guard's existing marine debris program and 
the Service's capabilities to enforce existing regulations and 
requirements. The Committee does not intend to create a new 
program or mission responsibility with this language. The 
Committee recommends that the Coast Guard coordinate with 
industry and recreational stakeholders to the extent possible 
to develop and implement the additional measures under this 
section. It is the Committee's intent that the Coast Guard may 
issue regulations, as necessary, to implement measures and 
requirements under this section.
    Section 5 amends the Marine Plastic Pollution Research and 
Control Act of 1987 to reestablish the Interagency Marine 
Debris Coordinating Committee and to authorize the Interagency 
Committee to coordinate a comprehensive program of debris 
research and activities among federal agencies, in cooperation 
and coordination with nongovernmental organizations, industry, 
universities, and research institutions, States, Indian tribes, 
and other nations, as appropriate.
    This section also requires the Administrator of NOAA and 
the Commandant of the Coast Guard to jointly develop and 
promulgate through regulations a definition of the term 
``marine debris'' for the purposes of this Act. Lastly, this 
section requires the Interagency Committee to submit two 
reports to Congress. The first report is an Interagency report 
on marine debris impacts and strategies to be completed 12 
months after the date of enactment of this Act. The second 
report is a biennial report that evaluates the United States 
and international progress in meeting the purposes of this Act.
    Section 6 requires NOAA, in coordination with the 
Interagency Committee, to maintain a federal information 
clearinghouse on marine debris. The data collected pursuant to 
section (3)(b)(I) of this Act could be used as the basis for 
the federal information clearinghouse. The data in the 
clearinghouse 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. NOAA is 
required to ensure the confidentiality of proprietary 
information required by the agency to be submitted by the 
fishing industry.
    Section 7 defines the terms ``Administrator'', 
``Interagency Committee'', ``MARPOL'', ``Annex V'', 
``Convention'', ``U.S. Exclusive Economic Zone'', ``Navigable 
Waters'', ``Territorial Sea'', ``Program'', and ``State''.
    Section 8 clarifies that the Act does not supersede or 
limit any authorities granted to the Secretary of the Interior 
under the Outer Continental Shelf Lands Act.
    Section 9 authorizes appropriations for fiscal years 2006-
2010 to NOAA and the Coast Guard to carry out the Act.

            Legislative History and Committee Consideration

    S. 362, the Marine Debris Research, Prevention and 
Reduction Act, was introduced by Senator Daniel K. Inouye of 
Hawaii on February 10, 2005. In the House, the bill was 
referred primarily to the Committee on Transportation and 
Infrastructure and additionally to the Committee on Resources.
    The Subcommittee on Coast Guard and Maritime Transportation 
held a joint legislative hearing with the Subcommittee on 
Oceans and Fisheries of the Committee on Resources on September 
29, 2006. On June 28, 2006, the Subcommittee on Coast Guard and 
Maritime Transportation was discharged from consideration of 
the bill and the bill was considered during a Full Committee 
mark-up.
    At this mark-up, Coast Guard and Maritime Transportation 
Subcommittee Chairman, Mr. LoBiondo, offered an amendment in 
the nature of a substitute. The amendment was adopted 
unanimously by voice vote, and S. 362, as amended, was approved 
unanimously by voice vote and was ordered favorably reported to 
the House.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes during consideration of the bill.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals of S. 362 are to enhance, strengthen and 
improve coordination of the Federal government's marine debris 
prevention and response activities.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for S. 362 
from the Director of the Congressional Budget Office.
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 362, the Marine 
Debris Research, Prevention, and Reduction Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

S. 362--Marine Debris Research, Prevention, and Reduction Act

    Summary: S. 362 would establish a program to reduce the 
amount of marine debris (such as plastic and lost fishing gear) 
in oceans and coastal areas and to mitigate its effects on 
health and navigation safety. Under the legislation, the 
National Oceanic and Atmospheric Administration (NOAA) would 
conduct projects to identify and catalogue debris hazards, 
determine sources of such debris, and develop methods of 
removing existing debris and preventing further occurrences. S. 
362 would authorize NOAA to provide grants to nonfederal 
entities such as state or local governments and universities 
involved with those activities. The act also would direct the 
U.S. Coast Guard (USCG) to improve enforcement of existing laws 
and treaties that address ocean pollution waste disposal at 
sea. For these purposes, the act would authorize the 
appropriation of $12 million ($10 million to NOAA and $2 
million to the USCG) for each of fiscal years 2006 through 
2010.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 362 would cost $3 million in 
fiscal year 2007 and $48 million over the 2007-2011 period. 
(For this estimate, we assume that no additional funds would be 
appropriated for this purpose for 2006). Enacting this 
legislation would have no effect on revenues or direct 
spending.
    S. 362 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
any costs to state, local, or tribal governments would result 
from complying with conditions of federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 362 is shown in the following table. The 
costs of this legislation fall within budget functions 300 
(natural resources and environment) and 400 (transportation). 
For this estimate, CBO assumes that S. 362 will be enacted by 
the beginning of fiscal year 2007, that the authorized amounts 
will be appropriated for each of fiscal years 2007 through 
2010, and that outlays will follow historical spending patterns 
for similar activities of the agencies involved.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2007       2008       2009       2010       2011
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level......................................         12         12         12         12          0
Estimated Outlays........................................          3         13         15         15          2
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 362 
contains no intergovernmental or private-sector mandates as 
defined in UMRA; any costs to state, local, or tribal 
governments would result from complying with conditions of 
federal assistance.
    Previous CBO estimates: On March 18, 2005, CBO transmitted 
a cost estimate for S. 362 as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on March 10, 
2005. On November 23, 2005, CBO transmitted a cost estimate for 
S. 367 as ordered reported by the House Committee on Resources 
on November 16, 2005. The three versions of the legislation are 
very similar, but as reflected in the CBO estimates, CBO now 
expects that S. 362 would be enacted too late for the 2006 
authorization amount to be appropriated. The Senate version of 
the bill contains intergovernmental mandates because it would 
require the Coast Guard to issue regulations to improve the 
disposal of plastics and other garbage by ports.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on state, local, and tribal governments: Sarah Puro; Impact on 
the private sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

    S. 362 makes the following changes to existing law:
    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 2203 OF THE MARINE PLASTIC POLLUTION RESEARCH AND CONTROL ACT 
OF 1987

           *       *       *       *       *       *       *



SEC. 2203. COORDINATION.

  [(a) Establishment of Marine Debris Coordinating Committee.--
The Secretary of Commerce shall establish a Marine Debris 
Coordinating Committee.]
  (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.

           *       *       *       *       *       *       *

  (c) Meetings.--The Committee shall meet at least twice a year 
to provide a public, interagency forum to ensure the 
coordination of national and international research, 
monitoring, education, and regulatory actions addressing the 
persistent marine debris problem.

           *       *       *       *       *       *       *


                                  
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