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                                                      Calendar No. 691
114th Congress      }                                    {      Report
                                 SENATE
 2d Session         }                                    {     114-387
_______________________________________________________________________




                  MARINE DEBRIS ACT AMENDMENTS OF 2016

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3086

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 28, 2016.--Ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2016                
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                 
                                                      Calendar No. 691
114th Congress      }                                    {      Report
                                 SENATE
 2d Session         }                                    {     114-387

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



 
                  MARINE DEBRIS ACT AMENDMENTS OF 2016

                                _______
                                

               November 28, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3086]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3086) to reauthorize and amend 
the Marine Debris Act to promote international action to reduce 
marine debris 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. 3086 is to reauthorize the Marine Debris 
Program of the National Oceanic and Atmospheric Administration 
(NOAA). It also would require NOAA to work with other Federal 
agencies to develop outreach and education strategies on 
sources of marine debris. Lastly, it would promote 
international action to reduce marine debris.

                          Background and Needs

    ``Marine debris'' refers to any persistent, solid trash 
that ends up in the ocean or the Great Lakes.\1\ Marine debris 
can originate: on land, via intentional dumping in the ocean, a 
stream, or river; as a result of heavy rainfall that can carry 
terrestrial debris into water through a storm drain; or due to 
a more extreme weather event like a hurricane, tsunami, or 
flood that might deposit larger pieces of refuse into the 
ocean.\2\ Marine debris can also come from fishing vessels 
(including lost or abandoned fishing gear), cargo ships, cruise 
ships, pleasure craft, or oil and gas platforms. Abandoned 
vessels themselves can become marine debris. In addition to 
being an eyesore when it washes up on a beach, marine debris 
can: pose a hazard to navigation if it becomes entangled in 
propulsion systems or intakes or is a collision hazard; 
endanger human health, especially in the case of medical waste; 
be ingested by or entangle marine animals; and in the case of 
derelict fishing gear, continue to net, hook, or trap animals--
sometimes called ``ghostfishing.''\3\
---------------------------------------------------------------------------
    \1\National Oceanic and Atmospheric Administration, Marine Debris 
Program, ``NOAA Marine Debris Program,'' at https://
marinedebris.noaa.gov/fact-sheets.
    \2\National Oceanic and Atmospheric Administration, Marine Debris 
Program, ``What is Marine Debris,'' at https://marinedebris.noaa.gov/
fact-sheets.
    \3\Ibid.
---------------------------------------------------------------------------

Marine Debris Research, Prevention, and Reduction Act

    The Marine Debris Research, Prevention, and Reduction Act 
(MDRPRA)\4\ was enacted in December 2006. The MDRPRA 
established, within NOAA, a Marine Debris Prevention and 
Removal Program (Program) to reduce and prevent the occurrence 
and adverse impacts of marine debris on the marine environment 
and navigation safety. The MDRPRA provides guidelines for the 
Administrator of NOAA (Administrator) to enter into cooperative 
agreements and contracts and provide financial assistance in 
the form of grants through the Program for such projects. The 
MDRPRA amended the Marine Plastic Pollution Research and 
Control Act of 1987\5\ to establish an Interagency Marine 
Debris Coordinating Committee (Interagency Committee) to 
coordinate a comprehensive program of marine debris research 
and activities among Federal agencies, in cooperation with 
nongovernmental organizations, industry, universities, States, 
Indian tribes, and other nations.
---------------------------------------------------------------------------
    \4\P.L. 109-449
    \5\33 U.S.C. Sec. 1914
---------------------------------------------------------------------------
    The MDRPRA also directs the Commandant of the Coast Guard, 
in consultation with the Interagency Committee to: increase 
compliance with the International Convention for the Prevention 
of Pollution from Ships (MARPOL) Annex V and the Act to Prevent 
Pollution from Ships\6\ with respect to the discard of trash 
from vessels; improve waste management onboard vessels; and 
improve international cooperation. The MDRPRA directs the 
Administrator, in coordination with the Interagency Committee, 
to maintain a Federal information clearinghouse on marine 
debris. The MDRPRA authorized appropriations from fiscal years 
(FYs) 2006 through 2010.\7\
---------------------------------------------------------------------------
    \6\33 U.S.C. Sec. 1901 et seq.
    \7\P.L. 109-449
---------------------------------------------------------------------------

NOAA Marine Debris Prevention and Removal Program

    The Program is part of the Office of Response and 
Restoration within the National Ocean Service. The Program 
seeks to coordinate, strengthen, and increase the visibility of 
marine debris issues and efforts within NOAA, other agencies, 
and partners, and among the public. The Program is undertaking 
a national and international effort focusing on identifying, 
reducing, and preventing debris in the marine environment.
    In order to achieve its goals, the Program works closely 
with various partners across the United States. The Program has 
funded and helped support over 140 projects, including aerial 
surveys of marine debris in Alaska, removal of derelict fishing 
gear from Flower Garden Banks National Marine Sanctuary 
offshore of Texas, high seas marine debris monitoring, and 
online outreach and education programs.
    The Program also sponsors the International Coastal Cleanup 
coordinated by the Ocean Conservancy. That event is the largest 
marine debris and litter cleanup event in the world.\8\ Nearly 
790,000 people participated in the 2015 cleanup, with events 
held in 37 States and in more than 90 countries and locations 
around the globe; nearly 18,000,000 pounds of trash were 
collected over 25,000 miles.\9\
---------------------------------------------------------------------------
    \8\Ocean Conservancy, ``30th Anniversary International Coastal 
Cleanup - 2015 Report,'' at http://www.oceanconservancy.org/our-work/
marine-debris/2016-data-release/2016-data-release-1.pdf.
    \9\Ibid.
---------------------------------------------------------------------------

                         Summary of Provisions

    If enacted, S. 3086 would do the following:

      Reauthorize NOAA's Marine Debris Program.
      Require NOAA to work with other Federal agencies to 
develop outreach and education strategies on sources of marine 
debris.
      Promote international action to reduce marine debris.

                          Legislative History

    S. 3086 was introduced on June 22, 2016, by Senator Booker. 
The last time marine debris legislation passed Congress was 
when components of the Marine Debris Act Amendments of 2012 
(H.R. 1171) and the Trash Free Seas Act (S. 1119) were included 
in the Coast Guard and Maritime Transportation Act of 2012.\10\
---------------------------------------------------------------------------
    \10\P.L. 112-213
---------------------------------------------------------------------------
    On June 29, 2016, the Committee met in open Executive 
Session and, by a voice vote, ordered S. 3086 to be reported 
favorably with an amendment (in the nature of a substitute). An 
amendment was offered by Senator Markey to include the 
Department of State on the Interagency Marine Debris 
Coordinating Committee. That amendment was adopted.

                            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. 3086--Marine Debris Act Amendments of 2016

    Summary: S. 3086 would reauthorize and amend the Marine 
Debris Research, Prevention, and Reduction Act. The bill would 
authorize the appropriation of $10 million annually over the 
2017-2021 period for the National Oceanic and Atmospheric 
Administration (NOAA), in coordination with other agencies, to 
carry out activities to reduce the amount of debris in oceans 
and coastal areas and $2 million annually for the Coast Guard 
(USCG) to better enforce laws about discarded refuse from 
ships.
    CBO estimates that implementing S. 3086 would cost $46 
million over the 2017-2021 period, assuming appropriation of 
the authorized amounts. Pay-as-you-go procedures do not apply 
because enacting S. 3086 would not affect direct spending or 
revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    S. 3086 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 3086 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--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Marine Debris Removal:
    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        1        2        2        2         8
    Total Costs:
        Authorization Level.............................       12       12       12       12       12        60
        Estimated Outlays...............................        3        8       11       12       12        46
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes S. 3086 
will be enacted near the start of 2017 and that the authorized 
amounts will be appropriated for each fiscal year. Estimated 
outlays are based on historical spending patterns for similar 
programs.
    The bill would authorize the appropriation of $10 million 
annually over the 2017-2021 period for NOAA, in coordination 
with other agencies, to carry out activities to reduce the 
amount of debris in oceans and coastal areas (such as plastic 
and lost fishing gear) and to maintain a clearinghouse of 
information on marine debris for research purposes. In 2015, 
NOAA allocated $6 million to activities that would reduce 
marine debris. The bill also would authorize the appropriation 
of $2 million annually over the 2017-2021 period for the USCG 
to improve enforcement of existing laws and treaties that 
address ocean pollution from ships as well as develop and 
implement a plan to improve waste management on ships.
    Pay-As-You-Go considerations: None
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 3086 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, land, or 
tribal governments.
    Estimate prepared by: Federal costs: Robert Reese; Impact 
on state, local, and tribal governments: Jon Sperl; Impact on 
the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    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. 3086, as reported, does not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    The legislation is not expected to have a negative impact 
on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 3038 would not create increases in paperwork burdens if 
enacted.

                   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 would provide the short title of the bill, the 
``Marine Debris Act Amendments of 2016.''

Section 2. NOAA Marine Debris Program.

    This section would require the Administrator, working 
through the Program, to work with other Federal agencies to 
develop outreach and education strategies to address both land- 
and sea-based sources of marine debris and to promote 
international action to reduce marine debris.

Section 3. Authorization of appropriations.

    This section would authorize appropriations for FY 2017 
through FY 2021 at $10,000,000 per year for the Program and 
$2,000,000 per year to the Commandant of the Coast Guard to 
improve implementation of MARPOL.

                        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 ACT


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

SEC. 3. NOAA MARINE DEBRIS PROGRAM.

                            [33 U.S.C. 1952]

  (a) Establishment of Program.--There is established, within 
the National Oceanic and Atmospheric Administration, a Marine 
Debris Program to identify, determine sources of, assess, 
prevent, reduce, and remove marine debris and address the 
adverse impacts of marine debris on the economy of the United 
States, the marine environment, and navigation safety.
  (b) Program Components.--The Administrator, acting through 
the Program and subject to the availability of appropriations, 
shall--
          (1) identify, determine sources of, assess, prevent, 
        reduce, and remove marine debris, with a focus on 
        marine debris posing a threat to living marine 
        resources and navigation safety;
          (2) provide national and regional coordination to 
        assist States, Indian tribes, and regional 
        organizations in the identification, determination of 
        sources, assessment, prevention, reduction, and removal 
        of marine debris;
          (3) undertake efforts to reduce the 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 certain fisheries to enhance the tracking, 
                recovery, and identification of lost and 
                discarded gear; and
                  (B) the development of effective 
                nonregulatory measures and incentives to 
                cooperatively reduce the volume of lost and 
                discarded fishing gear and to aid in gear 
                recovery;
          (4) undertake outreach and education activities for 
        the public and other stakeholders on sources of marine 
        debris, threats associated with marine debris, and 
        approaches to identifying, determining sources of, 
        assessing, preventing, reducing, and removing marine 
        debris and its adverse impacts on the United States 
        economy, the marine environment, and navigation safety, 
        including outreach and education activities through 
        public-private initiatives; [and]
          (5) develop, in consultation with the Interagency 
        Committee, interagency plans for the timely response to 
        events determined by the Administrator to be severe 
        marine debris events, including plans to--
                  (A) coordinate across agencies and with 
                relevant State, tribal, and local governments 
                to ensure adequate, timely, and efficient 
                response;
                  (B) assess the composition, volume, and 
                trajectory of marine debris associated with a 
                severe marine debris event; and
                  (C) estimate the potential impacts of a 
                severe marine debris event, including economic 
                impacts on human health, navigation safety, 
                natural resources, tourism, and livestock, 
                including aquaculture[.];
          (6) work with other Federal agencies to develop 
        outreach and education strategies to address both land- 
        and sea-based sources of marine debris; and
          (7) work with the Department of State and other 
        Federal agencies to promote international action to 
        reduce the incidence of marine debris.

           *       *       *       *       *       *       *


SEC. 5. COORDINATION.

                            [33 U.S.C. 1954]

  (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.
  (b) Membership.--The Committee shall include a senior 
official from--
          (1) the National Oceanic and Atmospheric 
        Administration, who shall serve as the Chairperson of 
        the Committee;
          (2) the Environmental Protection Agency;
          (3) the United States Coast Guard;
          (4) the United States Navy[; and];
          (5) the Department of State; and
          [(5)](6) such other Federal agencies that have an 
        interest in ocean issues or water pollution prevention 
        and control as the Secretary of Commerce determines 
        appropriate.

           *       *       *       *       *       *       *


[SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 1958]

  [There are authorized to be appropriated for each fiscal year 
2006 through 2010--
          [(1) to the Administrator for carrying out sections 3 
        and 6, $10,000,000, of which no more than 10 percent 
        may be for administrative costs; and
          [(2) to the Secretary of the Department in which the 
        Coast Guard is operating, for the use of the Commandant 
        of the Coast Guard in carrying out section 4, 
        $2,000,000, of which no more than 10 percent may be 
        used for administrative costs.]

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for each fiscal year 
2017 through 2021--
          (1) to the Administrator for carrying out sections 3, 
        5, 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.

                                  [all]