[DOCID: f:hr332p2.109]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
109th Congress Rept. 109-332
HOUSE OF REPRESENTATIVES
2d Session Part 2
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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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