[Senate Report 114-387]
[From the U.S. Government Publishing Office]
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]