[Senate Report 112-161]
[From the U.S. Government Publishing Office]


112th Congress 
 2d Session                      SENATE                          Report
                                                                112-161
_______________________________________________________________________


                                                       Calendar No. 367
 
                    THE TRASH FREE SEAS ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1119






                 April 25, 2012.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION


                      one hundred twelfth congress
                             second session



            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
           Jarrod Thompson, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                         [To accompany S. 1119]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1119) to reauthorize and 
improve the Marine Debris Research, Prevention, and Reduction 
Act, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1119, the Trash Free Seas Act of 2011, is 
to reauthorize and update the Marine Debris Research, 
Prevention, and Reduction Act of 2006. The bill, as reported, 
would reauthorize and strengthen the authorities of the 
National Oceanic and Atmospheric Administration (NOAA) and the 
U.S. Coast Guard to identify, assess, remove, and prevent 
marine debris and its adverse impacts to the marine 
environment, the United States economy, human health, and 
navigational safety. The bill would authorize appropriations 
for fiscal year (FY) 2012 through FY 2016.

                          Background and Needs

  Marine debris, persistent solid material disposed of or 
abandoned into the marine environment, is a pervasive and 
growing global pollution problem. Land-based sources contribute 
an estimated 80 percent of marine debris, followed by ocean-
based sources including lost or abandoned fishing gear, galley 
waste and other trash from ships, and offshore infrastructure.
  Marine debris can injure, kill, or contaminate marine life, 
including threatened or endangered marine mammals, sea turtles, 
and sea birds. Each year, millions of these animals ingest or 
become entangled in marine debris that they have mistaken for 
food. This problem is particularly acute in the Hawaiian 
Islands, where converging ocean currents carry large amounts of 
trash to remote beaches and negatively impact protected 
species, such as the endangered Hawaiian monk seal.
  Humans can also be directly affected by marine debris. 
Swimmers and divers can become entangled in abandoned netting 
and fishing lines. Beach users can be injured by stepping on 
broken glass, cans, needles, or other litter. Floating debris 
is visually unappealing and can result in lost tourism 
revenues. Furthermore, marine debris acts as a navigational 
hazard to fishing and recreational boats by entangling 
propellers and clogging cooling water intake valves.
  The severity of the marine debris problem in the United 
States was officially recognized in the 2004 Final Report of 
the Congressionally authorized U.S. Commission on Ocean Policy, 
which devoted an entire chapter to the issue. The Ocean 
Commission advocated strengthening interagency efforts and 
public-private partnerships to promote monitoring, prevention, 
reduction, and public awareness of marine debris and its 
impacts. It also recommended development of an international 
plan of action to target derelict fishing gear, which is a 
serious and persistent source of marine debris.
  In 2006, the 109th Congress passed the Marine Debris 
Research, Prevention, and Reduction Act (MDRPRA)(33 U.S.C. 1951 
et seq.). MDRPRA addressed many of the Ocean Commission 
recommendations related to marine debris by establishing: (1) a 
Marine Debris Prevention and Removal Program within NOAA to 
reduce and prevent adverse impacts of marine debris on the 
marine environment and navigational safety; (2) marine debris 
mapping, identification, prevention, and removal efforts; (3) 
public education and outreach efforts; and (4) programs for 
research and development of gear alternatives to reduce the 
threat to the marine environment and to enhance the tracking, 
recovery, and identification of lost gear. MDRPRA also 
authorized NOAA to establish a competitive grants program (with 
a 50 percent non-Federal match requirement) made available to 
States and other eligible groups to encourage cooperative 
approaches to addressing marine debris concerns, as well as a 
NOAA-administered information database on marine debris to 
assist in identifying sources and devising prevention 
strategies.
  MDRPRA also directed the Coast Guard to improve its 
enforcement of MARPOL Annex V and the Act to Prevent Pollution 
from Ships (33 U.S.C. 1901 et seq.), regulations designed to 
prevent ship-based pollution from plastics and other garbage. 
MDRPRA authorized the development and implementation of 
regulations requiring U.S. fishing vessels to report the loss 
and recovery of fishing gear, as well as regulations to improve 
ship-board waste management and ensure that ports and terminals 
have adequate waste receptacles.
  As recommended by the Ocean Commission, MDRPRA also re-
established and strengthened the Interagency Committee on 
Marine Debris to reinvigorate marine debris research and 
activities among Federal agencies and in cooperation with non-
governmental entities. The Interagency Committee was directed 
to prepare an Interagency Report on Marine Debris Impacts and 
Strategies within 12 months of enactment. MDRPRA also directed 
the Interagency Committee to develop a strategy to pursue 
international action to reduce the incidence of marine debris 
through the International Maritime Organization and other 
appropriate international and regional forums.
  MDRPRA authorized to be appropriated $10 million per year for 
NOAA, and $2 million per year for the Coast Guard to implement 
their respective programs under the Act for FY 2006 to FY 2010.

                         Summary of Provisions

  S. 1119, the Trash Free Seas Act of 2011, would reauthorize 
and update MDRPRA to reflect the sources and extent of the 
marine debris problem that has developed since the passage of 
the original Act. Specifically, S. 1119 would: (1) focus 
greater attention on the removal of marine debris and marine 
debris impacts to navigational safety and the economy; (2) 
clarify the ``research and assessment'' and ``reduction, 
prevention, and removal'' components of the NOAA program as 
distinct efforts; (3) highlight functions of the NOAA program, 
including research and assessment of plastics, tool and product 
development, regional coordination of local marine debris 
activities, and promotion of international action on marine 
debris; (4) conduct research on the resiliency of shorelines to 
marine debris impacts; and (5) develop interagency action plans 
and research to enable adequate preparation for and timely 
response to a severe marine debris event caused by a natural 
disaster, including a tsunami, flood, landslide, or hurricane. 
The bill does not make changes to the Coast Guard program. S. 
1119 would maintain the currently authorized annual funding 
levels--$10 million for activities to be carried out by NOAA 
and $2 million for activities to be carried out by the Coast 
Guard--through FY 2016.

                          Legislative History

  On May 26, 2011, in the 112th Congress, Senator Inouye 
introduced S. 1119, the Trash Free Seas Act of 2011, 
cosponsored by Senators Rockefeller, Begich, Snowe, and 
Murkowski. At its Executive Session on November 2, 2011, the 
Committee agreed by voice vote to report the bill favorably 
with two amendments. One amendment offered by Senator Cantwell 
would authorize the development of interagency action plans and 
research to bolster preparedness for severe marine debris 
events, such as those caused by a tsunami or other natural 
disaster. The other amendment offered by Senator Wicker would 
initiate research on shoreline resiliency to marine debris 
impacts.
  A similar marine debris bill, H.R. 1171, the Marine Debris 
Act Reauthorization Amendments of 2011, was introduced on March 
17, 2011, and referred to the Committee on Transportation and 
Infrastructure and the Committee on Natural Resources of the 
House of Representatives. H.R. 1171 is sponsored by 
Representatives Farr, Young, and many additional Members.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1119--Trash Free Seas Act of 2011

    Summary: S. 1119 would reauthorize and amend the Marine 
Debris Research, Prevention, and Reduction Act. The bill would 
authorize the appropriation of $12 million annually for the 
National Oceanic and Atmospheric Administration (NOAA) and the 
U.S. Coast Guard (USCG) to carry out activities to reduce the 
amount of marine debris (such as plastic and lost fishing gear) 
in oceans and coastal areas.
    Assuming appropriation of the authorized amounts, CB0 
estimates that implementing the legislation would cost $47 
million over the 2012-2016 period and $13 million after 2016. 
Enacting S. 1119 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 1119 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1119 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Research and Data Collection:
    Authorization Level.................................       10       10       10       10       10        50
    Estimated Outlays...................................        2        7        9       10       10        38
Enhanced Enforcement:
    Authorization Level.................................        2        2        2        2        2        10
    Estimated Outlays...................................        1        2        2        2        2         9
    Total Changes:
        Authorization Level.............................       12       12       12       12       12        60
        Estimated Outlays...............................        3        9       11       12       12        47
-----------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1119 will be enacted early in 2012 and that the authorized 
amounts will be appropriated for each fiscal year. Estimated 
outlays are based on historical spending patterns for similar 
NOAA and USCG activities.
    S. 1119 would authorize the appropriation of $10 million a 
year over the 2012-2016 period for NOAA to expand the Marine 
Debris Program to include additional research, planning, 
reporting, and data collection related to reducing marine 
debris. In 2011, NOAA spent about $4 million to carry out 
activities related to the program. The bill also would 
authorize $2 million a year over the 2012-2016 period for USCG 
to improve enforcement of existing laws and treaties that 
address ocean pollution at sea. USCG did not receive a 
specified appropriation in 2011 to carry out activities related 
to the Marine Debris program. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing the 
legislation would cost $47 million over the 2012-2016 period 
and $13 million after 2016.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: S. 1119 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFaye; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1119 would reauthorize small programs within NOAA and the 
Coast Guard to identify, assess, remove, and prevent marine 
debris and its adverse impacts to the marine environment, U.S. 
economy, human health, and navigational safety. It would make 
no changes to Coast Guard's existing authority to develop 
regulations to reduce violations of the provisions of MARPOL 
Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 
1901 et seq.) requiring that U.S. ports and terminals maintain 
waste disposal receptacles for plastics and other garbage. The 
legislation also would not amend the Coast Guard's existing 
authority to develop regulations regarding vessel waste 
disposal records and ship-board waste management; therefore, 
individuals or businesses that generate waste on-board ships 
could become subject to regulations if developed.

                            ECONOMIC IMPACT

  The bill would authorize $10 million to the Administrator of 
NOAA and $2 million to the Secretary of the department in which 
the Coast Guard is operating for each fiscal year from 2012 
through 2016. These funding levels are modest and are not 
expected to have an inflationary impact on the Nation's 
economy.

                                PRIVACY

  The Coast Guard authorities reauthorized in the bill may lead 
to changes in the reporting requirements in the private sector 
for detailing ship-board waste, but the legislation is not 
expected to have any adverse impact on the personal privacy of 
individuals.

                               PAPERWORK

  The Coast Guard regulations reauthorized in the bill may lead 
to periodic changes in the paperwork requirements for recording 
and reporting ship-board waste, including loss and recovery of 
fishing gear.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title

  This section provides the short title of the bill, the 
``Trash Free Seas Act of 2011.''

Section 2. Modification of purposes of Marine Debris Research, 
        Prevention, and Reduction Act

  This section would refine the purposes of MDRPRA to focus 
greater attention on the removal of marine debris and marine 
debris impacts to navigational safety and the economy.

Section 3. Revision of National Oceanic and Atmospheric Administration 
        Marine Debris Program

  Subsection (a) would rename NOAA's Marine Debris Prevention 
and Removal Program the Marine Debris Program.
  Subsection (b) would expand the NOAA program's purposes 
defined under the original Act to include research and 
assessment in addition to reduction and prevention of marine 
debris, and to include reduction of negative impacts of marine 
debris on the economy, as well as on the marine environment and 
navigation safety.
  Subsection (c) would revise the components of NOAA's marine 
debris program to clarify a distinction between research and 
assessment efforts with efforts to prevent, reduce, and remove 
occurrence and impacts of marine debris. Whereas MDRPRPA placed 
an emphasis on addressing derelict fishing gear, this section 
would re-focus efforts to include all marine debris and would 
add a new section directing NOAA to work with other Federal 
agencies to address land-based sources of marine debris. This 
section would add new provisions directing NOAA to: (1) provide 
national and regional coordination to assist States, Indian 
tribes, and regional organizations in addressing local national 
marine debris issues; (2) promote international action to 
reduce the incidence of marine debris; (3) develop and 
disseminate tools and products resulting from efforts to 
address marine debris; (4) conduct research on the resiliency 
of shorelines to marine debris impacts; and (5) develop 
interagency action plans and research to enable adequate 
preparation for and timely response to a severe marine debris 
event caused by a natural disaster, including a tsunami, flood, 
landslide, or hurricane.
  Subsection (d) would allow the NOAA Administrator greater 
flexibility in prescribing grant criteria and guidelines, and 
would require that applicants for and recipients of awarded 
grants comply with such criteria and guidelines.

Section 4. Expansion of Federal Information Clearinghouse

  Paragraph (1) would expand the purpose of the information 
clearinghouse on marine debris to include improving best 
practices by entities that contribute to the marine debris 
problem.
  Paragraph (2) would expand the types of industries that may 
be required to submit information to the clearinghouse to 
include other for-profit industries in addition to the fishing 
industry.

Section 5. Definition of marine debris

  Subsection (a) would add a definition of ``marine debris'' to 
the Definitions section of MDRPRA.
  Subsection (b) would direct the Interagency Marine Debris 
Coordinating Committee to submit a biennial report to Congress 
that includes: (1) the status of implementation of 
recommendations and strategies of the Interagency Committee and 
an analysis of their effectiveness; (2) a summary of the NOAA 
marine debris inventory; (3) a review of NOAA's Marine Debris 
Program; (4) a review of the Coast Guard programs related to 
marine debris removal; and (5) estimated Federal and non-
Federal funding provided for marine debris and recommendations 
for priority funding levels.

Section 6. Extension of authorization of appropriations

  This section would extend previous annual authorization 
levels ($10 million for activities carried out by NOAA; $2 
million for activities carried out by Coast Guard) through FY 
2016.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

         MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION ACT

                        [33 U.S.C. 1951 et seq.]

SEC. 2. PURPOSES.

                            [33 U.S.C. 1951]

  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;]
          (1) to address the adverse impacts of marine debris 
        on the marine environment, navigation safety, and the 
        United States economy through research, source 
        identification, assessment, reduction, removal, and 
        prevention;
          (2) to reactivate the Interagency Marine Debris 
        Coordinating Committee; and
          (3) to develop and maintain a Federal marine debris 
        information clearinghouse.

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

                            [33 U.S.C. 1952]

  (a) Establishment of Program.--There is established, within 
the National Oceanic and Atmospheric Administration, a [Marine 
Debris Prevention and Removal Program] Marine Debris Program to 
[reduce and prevent] research, assess, reduce, and prevent the 
occurrence and adverse impacts of marine debris on the marine 
environment [and navigation safety.], navigation safety, and 
the United States economy.
  (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).]
          (1) Research and Assessment.--The Administrator 
        shall, in consultation with relevant Federal agencies, 
        undertake marine debris research and assessment, 
        reduction and prevention efforts, with a focus on 
        marine debris posing a threat to living marine 
        resources, the marine environment, navigation safety, 
        or the United States economy, including the following:
                  (A) Research and assessment of derelict 
                fishing gear.
                  (B) Research and assessment of plastics, with 
                respect to the health of the marine 
                environment.
                  (C) The establishment of a process for 
                maintaining an inventory of marine debris types 
                and their impacts found in the navigable waters 
                of the United States and the United States 
                exclusive economic zone, including impacts on 
                living marine resources, the marine 
                environment, navigation safety, and the United 
                States economy.
                  (D) 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.
          (2) Prevent, reduce, and remove occurrence and 
        impacts.--The Administrator shall undertake efforts to 
        prevent, reduce, and remove the occurrence and impacts 
        of marine debris, including the adverse impacts of 
        derelict fishing gear, including by--
                  (A) working with other Federal agencies to 
                address land-based sources of marine debris;
                  (B) conducting 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;
                  (C) conducting research--
                          (i) related to shoreline resiliency 
                        to marine debris impacts; and
                          (ii) for purposes of--
                                  (I) navigation safety;
                                  (II) protecting living marine 
                                resources;
                                  (III) protecting the marine 
                                environment; or
                                  (IV) protecting the economy 
                                of the United States;
                  (D) developing effective nonregulatory 
                measures and incentives to cooperatively reduce 
                the volume of lost and discarded fishing gear 
                and to aid in its recovery;
                  (E) developing interagency action plans for 
                the preparation for, and timely response to, a 
                severe marine debris event that include--
                          (i) plans to coordinate State, 
                        tribal, and local governments which 
                        respond to other types of marine debris 
                        to ensure adequate, timely, and 
                        efficient response;
                          (ii) utilizing appropriate Federal 
                        agencies and departments, State, 
                        tribal, and local governments, 
                        including the Interagency Committee, to 
                        assess the unique and unknown potential 
                        impacts of a severe marine debris 
                        event; and
                          (iii) adequately prioritizing 
                        response needs for a severe marine 
                        debris event, including assessing--
                                  (I) potential impacts to 
                                human health;
                                  (II) potential impacts to 
                                natural resources;
                                  (III) potential impacts to 
                                navigation safety;
                                  (IV) potential impacts to 
                                livestock and aquaculture 
                                health; and
                                  (V) models capable of 
                                projecting debris volume and 
                                trajectory to allow the 
                                committee to prioritize and 
                                direct resources to regional 
                                response programs;
                  (F) carrying out research relating to 
                assessing the potential economic impacts of 
                severe marine debris events on the economies of 
                coastal States, including impacts to fishing, 
                shipping, transportation, aquaculture, 
                ecotourism, and other industries, as the 
                Administrator considers appropriate;
                  (G) developing and implementing strategies, 
                methods, priorities, and a plan for tracking, 
                preventing, and removing marine debris that is 
                in, or likely to enter, United States navigable 
                waters or the United States exclusive economic 
                zone, including the development of local or 
                regional protocols for removal of derelict 
                fishing gear and other marine debris;
                  (H) providing national and regional 
                coordination to assist States, Indian tribes, 
                and regional organizations in addressing local 
                marine debris issues;
                  (I) promoting international action to reduce 
                the incidence of marine debris; and
                  (J) developing and disseminating tools and 
                products related to the activities described in 
                subparagraphs (A) through (I).
          (3) Outreach and education.--
                  (A) In general.--The Administrator shall 
                undertake outreach and education of the public 
                and other stakeholders, such as the fishing 
                industry, fishing gear manufacturers, 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, remove, and prevent 
                marine debris and its adverse impacts on the 
                marine environment, navigation safety, and the 
                United States economy, including outreach and 
                education activities through public-private 
                initiatives.
                  (B) Coordination.--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.]
          (5) Grant criteria and guidelines.--Applicants for 
        and recipients of grants awarded under this subsection 
        shall comply with such criteria and guidelines as the 
        Administrator shall prescribe to carry out the 
        provisions of this subsection.
          (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. 5. INTERAGENCY COORDINATION.

                            [33 U.S.C. 1954]

  [(a) [Omitted]
  [(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. 5. BIENNIAL PROGRESS REPORTS OF THE INTERAGENCY MARINE DEBRIS 
                    COORDINATING COMMITTEE.

  (a) In General.--Not less frequently than once every 2 years, 
the Interagency Marine Debris Coordinating Committee 
established pursuant to section 2203(a) of the Marine Plastic 
Pollution Research and Control Act of 1987 (33 U.S.C. 1914(a)) 
(in this section referred to as the ``Interagency Committee'') 
shall, acting through the chairperson of the Interagency 
Committee, submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Natural 
Resources of the House of Representatives a report that 
evaluates United States and international progress in meeting 
the purposes of this Act.
  (b) Contents.--Each report submitted pursuant to subsection 
(a) shall include the following:
          (1) The status of implementation of any 
        recommendations and strategies of the Interagency 
        Committee and analysis of their effectiveness.
          (2) A summary of the marine debris inventory to be 
        maintained by the National Oceanic and Atmospheric 
        Administration.
          (3) A review of the Marine Debris Program established 
        by section 3, including projects funded and 
        accomplishments relating to reduction and prevention of 
        marine debris.
          (4) A review of Coast Guard programs and 
        accomplishments relating to marine debris removal, 
        including enforcement and compliance with MARPOL 
        requirements.
          (5) Estimated Federal and non-Federal funding 
        provided for marine debris and recommendations for 
        priority funding needs.

SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE.

                            [33 U.S.C. 1955]

  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] monitoring efforts, and best practices 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 or other forprofit industries under this 
        section.

SEC. 7. DEFINITIONS.

                            [33 U.S.C. 1956]

  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] Marine Debris 
        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.
          (9) Marine debris.--The term ``marine debris'' means 
        any persistent solid material that is manufactured or 
        processed and directly or indirectly, intentionally or 
        unintentionally, disposed of or abandoned into the 
        marine environment or the Great Lakes.
          (10) Severe marine debris event.--The term ``severe 
        marine debris event'' means a period, as determined by 
        the Administrator, of atypically large amounts of 
        marine debris inside, or about to enter, the United 
        States exclusive economic zone caused by--
                  (A) a natural disaster, including a tsunamis, 
                flood, landslide, or hurricane; or
                  (B) any other source, as identified by the 
                Administrator.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 1958]

  There are authorized to be appropriated for each fiscal year 
2006 [through 2010--] through 2016--
          (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.

                                  
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