AMENDMENTS TO MARINE PROTECTION. RESEARCH, AND SANCTUARIES ACT OF 1972.

SEC. 3201. AMENDMENTS TO MARINE PROTECTION. RESEARCH, AND SANCTUARIES ACT OF 1972. (a) Definition.—Section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) is amended— (1) by redesignating subsection (k) and (1), and any reference thereto, as subsections (1) and (m), respectively; and (2) by inserting after subsection (j) the following: “(k) ‘Medical waste’ means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.”. (b) Prohibition.—Subsection (a) of section 102 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(a)) is amended in the first sentence— (1) by striking “biological warfare agents and” and inserting “biological warfare agents,”; and (2) by inserting “and medical waste,” after “radioactive waste,”. (c) Civil Penalties.—Section 105(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(a)) is amended by inserting after the first sentence the following: “In addition, any person who violates this title or any regulation issued under this title by engaging in activity involving the dumping of medical waste shall be liable for a civil penalty of not more than $125,000 for each violation, to be assessed by the Administrator after written notice and an opportunity for a hearing.”. (d) Criminal Penalties and Forfeitures.—Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended— (1) by inserting “(1)” before “In addition”; and (2) by adding at the end the following: “(2) In addition to any action which may be brought under subsection (a), any person— “(A) who knowingly violates any provision of this title by engaging in activity involving the dumping into ocean waters of medical waste shall upon conviction be fined not more than $250,000, or imprisoned for not more than 5 years, or both; and 102 STAT. 4154 “(B) convicted of a violation involving such activity shall forfeit to the United States any property constituting or derived from any proceeds the person obtained, directly or indirectly, as a result of such violation, and any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation.”.