Bill Summary
The "Save Our Seas 2.0: Enhancing the Domestic Marine Debris Response Act" establishes a Marine Debris Response Trust Fund and a Marine Debris Foundation to respond to marine debris events in the United States. It also includes provisions for the Board of Directors of the Foundation, the rights and obligations of the Foundation, and the Genius Prize for Save Our Seas Innovations competition. Additionally, the legislation calls for various studies and reports on reducing plastic waste and microfiber pollution.
Possible Impacts
1. The establishment of the Marine Debris Foundation and the Marine Debris Response Trust Fund will provide a dedicated source of funding for responding to marine debris events, such as natural disasters or intentional or negligent acts, that affect the United States. This will supplement other funds designated for this purpose and provide a maximum balance of $500,000,000 to ensure swift and effective response efforts.
2. The creation of the "Genius Prize for Save Our Seas Innovations" competition aims to encourage technological innovation to reduce plastic waste and prevent marine debris. The Marine Debris Foundation will administer the competition, award cash prizes, and may solicit both Federal and non-Federal funds for the competition. This initiative will incentivize the development of new solutions to combat marine debris.
3. The legislation also includes provisions for studying and addressing microfiber pollution, which poses a significant threat to marine environments. This includes defining microfiber and making recommendations for reducing it. Additionally, a study on mass balance methodologies will be conducted to certify circular polymers, promoting the use of recycled materials in manufacturing and reducing plastic waste.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2364 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2364
To enhance domestic marine debris response, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2019
Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, Ms. Collins,
Mr. Booker, Mr. Coons, Mr. Blumenthal, and Mr. Murphy) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To enhance domestic marine debris response, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Seas 2.0: Enhancing the
Domestic Marine Debris Response Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Circular economy.--The term ``circular economy'' means
an economy that uses a systems-focused approach and involves
industrial processes and economic activities that--
(A) are restorative or regenerative by design;
(B) enable resources used in such processes and
activities to maintain their highest values for as long
as possible; and
(C) aim for the elimination of waste through the
superior design of materials, products, and systems
(including business models).
(2) EPA administrator.--The term ``EPA Administrator''
means the Administrator of the Environmental Protection Agency.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization.
(4) Marine debris.--The term ``marine debris'' has the
meaning given that term in section 7 of the Marine Debris Act
(33 U.S.C. 1956).
(5) Non-federal funds.--The term ``non-Federal funds''
means funds provided by--
(A) a State;
(B) an Indian Tribe;
(C) a territory of the United States;
(D) one or more units of local governments or
Tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
(E) a private for-profit entity;
(F) a nonprofit organization; or
(G) a private individual.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(7) Post-consumer materials management.--The term ``post-
consumer materials management'' means the systems, operation,
supervision, and aftercare of processes and equipment used for
post-use material (including packaging, goods, products, and
other materials), including--
(A) collection;
(B) transport;
(C) safe disposal of waste that cannot be
recovered, reused, recycled, repaired, or refurbished;
and
(D) systems and processes related to post-use
materials that can be recovered, reused, recycled,
repaired, or refurbished.
(8) State.--The term ``State'' means--
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia; and
(D) a territory or possession of the United States.
(9) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
TITLE I--MARINE DEBRIS RESPONSE TRUST FUND
SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Marine Debris
Response Trust Fund', consisting of such amounts as may be appropriated
or credited to the Trust Fund as provided in this section.
``(b) Purposes of Trust Fund.--
``(1) In general.--Amounts in the Marine Debris Response
Trust Fund shall be available for the National Oceanic and
Atmospheric Administration to respond to a marine debris event
described in paragraph (2), which may include--
``(A) monitoring, response, and prevention;
``(B) providing funding to States, territories,
Indian Tribes, and other United States Government and
nongovernmental organizations supporting prevention,
cleanup, and response efforts; or
``(C) administrative costs relating to distributing
amounts from the Marine Debris Response Trust Fund.
``(2) Marine debris event described.--A marine debris event
described in this paragraph is an event that affects or may
affect the United States involving--
``(A) marine debris caused by a natural event,
including a tsunami, flood, landslide, hurricane, or
other natural source;
``(B) distinct, nonrecurring marine debris,
including derelict vessel groundings and container
spills, that have immediate or long-term impacts on
habitats with high ecological, economic, or human-use
values; or
``(C) marine debris caused by an intentional or
grossly negligent act or acts that causes substantial
economic or environmental harm.
``(c) Limitations on Expenditures.--
``(1) Maximum per event.--The maximum amount that may be
paid from the Marine Debris Response Trust Fund with respect to
any single event may not exceed $100,000,000.
``(2) Minimum balance.--A payment may be made from the
Marine Debris Response Trust Fund only if the amount in the
Marine Debris Response Trust Fund after the payment will not be
less than $1,000,000.
``(3) Maximum balance.--Amounts in the Marine Debris
Response Trust Fund may not exceed $500,000,000.
``(d) Initial Funding.--There are authorized to be appropriated to
the Marine Debris Response Trust Fund $2,000,000 for fiscal year 2020
to establish the Marine Debris Response Trust Fund.
``(e) Authority To Borrow.--
``(1) In general.--There are authorized to be appropriated
to the Marine Debris Response Trust Fund, as repayable
advances, such sums as may be necessary to carry out the
purposes of the Marine Debris Response Trust Fund.
``(2) Limitation on amount outstanding.--The maximum
aggregate amount of repayable advances to the Marine Debris
Response Trust Fund outstanding at any one time may not exceed
$1,000,000.
``(3) Repayment of advances.--
``(A) In general.--Advances made to the Marine
Debris Response Trust Fund shall be repaid, and
interest on such advances shall be paid, to the general
fund of the Treasury when the Secretary of Commerce, in
consultation with the Secretary of the Treasury,
determines that amounts are available for such purposes
in the Marine Debris Response Trust Fund.
``(B) Final repayment.--No advance may be made to
the Marine Debris Response Trust Fund after September
30, 2035, and all advances to such Fund shall be repaid
on or before that date.
``(C) Rate of interest.--Interest on advances made
pursuant to this subsection shall be--
``(i) at a rate determined by the Secretary
of the Treasury (as of the close of the
calendar month preceding the month in which the
advance is made) to be equal to the current
average market yield on outstanding marketable
obligations of the United States with remaining
periods to maturity comparable to the
anticipated period during which the advance
will be outstanding, and
``(ii) compounded annually.
``(f) Availability of Funds.--Amounts in the Marine Debris Response
Trust Fund shall--
``(1) be available without fiscal year limitation and
without apportionment; and
``(2) shall supplement and not supplant other amounts
available for responding to marine debris events.
``(g) Investment.--The Secretary of the Treasury shall invest
amounts in the Marine Debris Response Trust Fund in interest bearing
obligations of the United States to the extent such amounts are not
required to meet current withdrawals. Interest earned by such
investments shall be credited to, and become a part of, the Marine
Debris Response Trust Fund.
``(h) Administration.--The Under Secretary of Commerce for Oceans
and Atmosphere shall prescribe regulations--
``(1) providing for a process for submitting a claim to the
Marine Debris Response Trust Fund and for distributing amounts
from the Marine Debris Response Trust Fund pursuant to those
claims; and
``(2) providing guidance with respect to what constitutes
an event for which amounts will be distributed from the Marine
Debris Response Trust Fund.
``(i) Liability of the United States Limited to Amount in Trust
Fund.--
``(1) In general.--Any claim filed against the Marine
Debris Response Trust Fund may be paid only out of the Marine
Debris Response Trust Fund.
``(2) Order in which unpaid claims are to be paid.--If at
any time the Marine Debris Response Trust Fund has insufficient
funds to pay all of the claims out of the Marine Debris
Response Trust Fund at such time, such claims shall, to the
extent permitted under paragraph (1), be paid in full in the
order in which they were finally determined.
``(j) Non-Federal Contributions to the Trust Fund.--
``(1) In general.--A gift, award, devise, or bequest, and
non-Federal amounts from legal judgments or settlements may be
accepted by the Marine Debris Response Trust Fund without
regard to whether the gift, devise, or bequest is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest in the gift, devise,
or bequest is for the benefit of the Marine Debris Response
Trust Fund.
``(2) Foreign gifts.--Any gifts, awards, devises, or
bequests given to or received from a person in a foreign
country by or to the Marine Debris Response Trust Fund shall be
made only with the concurrence of the Secretary of State, in
consultation, as appropriate, with the Administrator of the
United States Agency for International Development.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following:
``Sec. 9512. Marine Debris Response Trust Fund.''.
TITLE II--MARINE DEBRIS FOUNDATION
SEC. 201. ESTABLISHMENT AND PURPOSES OF FOUNDATION.
(a) Establishment.--There is established the Marine Debris
Foundation (in this title referred to as the ``Foundation''). The
Foundation is a charitable and nonprofit organization and is not an
agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the National Oceanic and Atmospheric
Administration under the Marine Debris Program established
under section 3 of the Marine Debris Act (33 U.S.C. 1952), and
other relevant programs and agencies;
(2) to undertake and conduct such other activities as will
further the efforts of the National Oceanic and Atmospheric
Administration to 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;
(3) to participate with, and otherwise assist, State,
local, and Tribal governments, foreign governments, entities,
and individuals in undertaking and conducting activities to
assess, prevent, reduce, and remove marine debris and address
the adverse impacts of marine debris and its root causes on the
economy of the United States, the marine environment (including
waters in the jurisdiction of the United States, the high seas,
and waters in the jurisdiction of other countries), and
navigation safety; and
(4) to support other Federal actions to reduce marine
debris.
SEC. 202. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (in this title referred to as the
``Board''), which shall consist of the Under Secretary and 12
additional Directors appointed in accordance with subsection
(b) from among individuals who are United States citizens.
(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to the assessment,
prevention, reduction, and removal of marine debris.
(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.
(b) Appointment and Terms.--
(1) Appointment.--Subject to paragraph (2), after
consulting with the EPA Administrator, the Director of the
United States Fish and Wildlife Service, the Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, and the Administrator of
the United States Agency for International Development, and
considering the recommendations submitted by the Board, the
Under Secretary shall appoint 12 Directors who meet the
criteria established by subsection (a), of whom--
(A) at least 4 shall be educated or experienced in
the assessment, prevention, reduction, or removal of
marine debris, which may include an individual with
expertise in post-consumer materials management or a
circular economy;
(B) at least 2 shall be educated or experienced in
the assessment, prevention, reduction, or removal of
marine debris outside the United States;
(C) at least 2 shall be educated or experienced in
ocean and coastal resource conservation science or
policy; and
(D) at least 2 shall be educated or experienced in
international trade or foreign policy.
(2) Terms.--
(A) In general.--Subject to subparagraph (B), each
Director (other than the Under Secretary) shall be
appointed for a term of 6 years.
(B) Initial appointments to new member positions.--
Of the Directors appointed by the Under Secretary under
paragraph (1), the Secretary shall appoint, not later
than 180 days after the date of the enactment of this
Act--
(i) 4 Directors for a term of 6 years;
(ii) 4 Directors for a term of 4 years; and
(iii) 4 Directors for a term of 2 years.
(3) Vacancies.--
(A) In general.--The Under Secretary shall fill a
vacancy on the Board.
(B) Term of appointments to fill unexpired terms.--
An individual appointed to fill a vacancy that occurs
before the expiration of the term of a Director shall
be appointed for the remainder of the term.
(4) Reappointment.--An individual (other than an individual
described in paragraph (1)) shall not serve more than 2
consecutive terms as a Director, excluding any term of less
than 6 years.
(5) Request for removal.--The executive committee of the
Board may submit to the Under Secretary a letter describing the
nonperformance of a Director and requesting the removal of the
Director from the Board.
(6) Consultation before removal.--Before removing any
Director from the Board, the Under Secretary shall consult with
the Assistant Secretary of State for the Bureau of Oceans and
International Environmental and Scientific Affairs, the
Director of the United States Fish and Wildlife Service, and
the EPA Administrator.
(c) Chairman.--The Chairman shall be elected by the Board from its
members for a 2-year term.
(d) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a Director misses 3 consecutive regularly
scheduled meetings, that individual may be removed from the Board and
that vacancy filled in accordance with subsection (b).
(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation.
(g) General Powers.--
(1) In general.--The Board may complete the organization of
the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provisions
of this title; and
(C) undertaking of other such acts as may be
necessary to carry out the provisions of this title.
(2) Limitations on appointment.--The following limitations
apply with respect to the appointment of officers and employees
of the Foundation:
(A) Officers and employees may not be appointed
until the Foundation has sufficient funds to pay them
for their service. Officers and employees of the
Foundation shall be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(B) The first officer or employee appointed by the
Board shall be the Secretary of the Board who--
(i) shall serve, at the direction of the
Board, as its chief operating officer; and
(ii) shall be knowledgeable and experienced
in matters relating to the assessment,
prevention, reduction, and removal of marine
debris.
SEC. 203. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States and abroad;
(3) shall have its principal offices in the District of
Columbia or in a county in the State of Maryland or Virginia
that borders on the District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
(b) Service of Process.--The serving of notice to, or service of
process upon, the agent required under subsection (a)(4), or mailed to
the business address of such agent, shall be deemed as service upon or
notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(d) Powers.--
(1) In general.--To carry out its purposes under section
201, the Foundation shall have, in addition to the powers
otherwise given it under this title, the usual powers of a
corporation acting as a trustee in the District of Columbia,
including the power--
(A) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of real or personal property or any income
therefrom or other interest therein;
(B) to acquire by purchase or exchange any real or
personal property or interest therein;
(C) to invest any funds provided to the Foundation
by the Federal Government in obligations of the United
States or in obligations or securities that are
guaranteed or insured by the United States;
(D) to deposit any funds provided to the Foundation
by the Federal Government into accounts that are
insured by an agency or instrumentality of the United
States;
(E) to make use of any interest or investment
income that accrues as a consequence of actions taken
under subparagraph (C) or (D) to carry out the purposes
of the Foundation;
(F) to use Federal funds to make payments under
cooperative agreements to provide substantial long-term
benefits for the assessment, prevention, reduction, and
removal of marine debris;
(G) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest,
retain or otherwise dispose of any property or income
therefrom;
(H) to borrow money and issue bonds, debentures, or
other debt instruments;
(I) to sue and be sued, and complain and defend
itself in any court of competent jurisdiction, except
that the Directors of the Foundation shall not be
personally liable, except for gross negligence;
(J) to enter into contracts or other arrangements
with, or provide financial assistance to, public
agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(K) to do any and all acts necessary and proper to
carry out the purposes of the Foundation.
(2) Non-federal contributions to the fund.--A gift, devise,
or bequest may be accepted by the Foundation without regard to
whether the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons if any
current or future interest in the gift, devise, or bequest is
for the benefit of the Foundation.
(e) Notice to Members of Congress.--The Foundation may not make a
grant of Federal funds in an amount greater than $100,000 unless, by
not later than 15 days before the grant is made, the Foundation
provides notice of the grant to the Member of Congress for the
congressional district in which the project to be funded with the grant
will be carried out.
(f) Coordination of International Efforts.--Any efforts of the
Foundation carried out in a foreign country, and any grants provided to
an individual or entity in a foreign country, shall be made only with
the concurrence of the Secretary of State, in consultation, as
appropriate, with the Administrator of the United States Agency for
International Development.
(g) Consultation With NOAA.--The Foundation shall consult with the
Under Secretary during the planning of any restoration or remediation
action using funds resulting from judgments or settlements relating to
the damage to trust resources of the National Oceanic and Atmospheric
Administration.
SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Provision of Services.--The Under Secretary may provide
personnel, facilities, and other administrative services to the
Foundation, including reimbursement of expenses, not to exceed the
current Federal Government per diem rates, for a period of up to 5
years beginning on the date of the enactment of this Act.
(b) Reimbursement.--The Foundation may reimburse the Under
Secretary for any administrative service provided under subsection (a).
The Under Secretary shall deposit any reimbursement received under this
subsection into the Treasury to the credit of the appropriations then
current and chargeable for the cost of providing such services.
SEC. 205. VOLUNTEER STATUS.
The Secretary of Commerce may accept, without regard to the civil
service classification laws, rules, or regulations, the services of the
Foundation, the Board, and the officers and employees of the Board,
without compensation from the Department of Commerce, as volunteers in
the performance of the functions authorized in this title.
SEC. 206. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR
EQUITABLE RELIEF.
(a) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Natural
Resources and the Committee on Energy and Commerce of the House of
Representatives a report--
(1) describing the proceedings and activities of the
Foundation during that fiscal year, including a full and
complete statement of its receipts, expenditures, and
investments; and
(2) including a detailed statement of the recipient,
amount, and purpose of each grant made by the Foundation in the
fiscal year.
(b) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with its purposes set
forth in section 201(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this title, or threatens to do so,
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
SEC. 207. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation nor shall the full faith and
credit of the United States extend to any obligation of the Foundation.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce such sums as may be necessary to
carry out this title for each of fiscal years 2020 through
2025.
(2) Use of appropriated funds.--Subject to paragraph (3),
amounts made available under paragraph (1) shall be provided to
the Foundation to match contributions (whether in currency,
services, or property) made to the Foundation, or to a
recipient of a grant provided by the Foundation, by private
persons and State and local government agencies.
(3) Prohibition on use for administrative expenses.--
(A) In general.--Except as provided in subparagraph
(B), no Federal funds made available under paragraph
(1) may be used by the Foundation for administrative
expenses of the Foundation, including for salaries,
travel and transportation expenses, and other overhead
expenses.
(B) Exception.--The Secretary may allow the use of
Federal funds made available under paragraph (1) to pay
for salaries during the 18-month period beginning on
the date of the enactment of this Act.
(b) Additional Authorization.--
(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the assessment,
prevention, reduction, and removal of marine debris in
accordance with the requirements of this title.
(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying
Expenses.--Amounts provided as a grant by the Foundation shall not be
used for--
(1) any expense related to litigation consistent with
Federal-wide cost principles; or
(2) any activity the purpose of which is to influence
legislation pending before Congress consistent with Federal-
wide cost principles.
TITLE III--GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS
SEC. 301. DEFINITIONS.
In this title:
(1) Prize competition.--The term ``prize competition''
means the competition for the award of the Genius Prize for
Save Our Seas Innovations established under section 302.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 302. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish under section 24
of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) a prize competition--
(1) to encourage technological innovation with the
potential to reduce plastic waste and thereby prevent marine
debris; and
(2) to award 1 or more prizes biennially for projects that
advance human understanding and innovation in removing and
preventing plastic waste, including--
(A) advancements in materials used in packaging and
other products that, if such products enter the coastal
or ocean environment, will fully degrade without
harming the environment, wildlife, or human health;
(B) innovations in production and packaging design
that reduce the use of raw materials, increase recycled
content, encourage reusability and recyclability, and
promote a circular economy;
(C) improvements in marine debris detection,
monitoring, and cleanup technologies and processes;
(D) technological improvements or improved
strategies to increase solid waste collection,
processing, sorting, recycling, reuse, or repurposing;
and
(E) new designs or strategies to reduce overall
packaging needs.
(b) Designation.--The prize competition established under
subsection (a) shall be known as the ``Genius Prize for Save Our Seas
Innovations''.
(c) Prioritization.--In selecting awards for the prize competition,
priority shall be given to projects that--
(1) have a strategy, submitted with the application or
proposal, to move the new technology, process, design,
material, or other product supported by the prize to market-
scale deployment;
(2) support the concept of a circular economy; and
(3) promote development of materials that--
(A) can fully degrade in the ocean without harming
the environment, wildlife, or human health; and
(B) are to be used in fishing gear or other
maritime products that have an increased likelihood of
entering the coastal or ocean environment as
unintentional waste.
SEC. 303. SAVE OUR SEAS INNOVATION STEERING COMMITTEE.
(a) Establishment.--The Secretary shall establish a steering
committee, to be known as the ``Save Our Seas Innovation Steering
Committee'' (in this title referred as the ``Committee'') to provide
expert advice and recommendations in the establishment of the prize
competition, selection of awardees, and analysis of the successes of
the prize competition.
(b) Duties.--Subject to subsection (d), with respect to the prize
competition, the Committee shall--
(1) select a topic;
(2) issue a problem statement; and
(3) advise the Secretary on any opportunity for market-
scale development of technological innovation to prevent marine
plastic debris and promote the development of materials that
fully degrade in ocean and coastal environments without harming
the environment, wildlife, or human health.
(c) Competition Judges.--A member of the Committee may serve as a
judge for the prize competition under section 305.
(d) Administrative Cost Reduction.--The Committee shall, to the
maximum extent practicable, minimize the administrative costs of the
Committee, including by encouraging remote participation to reduce
travel costs.
(e) Consultation.--In selecting a topic and issuing a problem
statement for the prize competition under paragraphs (1) and (2) of
subsection (b), respectively, the Committee shall consult widely with
Federal and non-Federal stakeholders, including--
(1) 1 or more Federal agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(2) 1 or more State agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(3) 1 or more State, regional, or local conservation or
post-consumer materials management organizations, the mission
of which relates to the prevention of marine debris or the
promotion of innovative materials;
(4) 1 or more conservation groups, technology companies,
research institutions, institutions of higher education,
industry associations, or individual stakeholders with an
interest in the prevention of marine debris or the promotion of
innovative materials;
(5) 1 or more experts in the area of standards development
regarding the degradation, breakdown, or recycling of polymers;
and
(6) experts in the following areas:
(A) Polymer chemistry.
(B) Wildlife conservation and management.
(C) Marine biology or animal science.
(D) Post-consumer materials management.
(E) Technology development.
(F) Engineering.
(G) Lifecycle assessment.
(H) Economics.
(I) Recycling.
(J) Business development and management.
(K) Marine environmental chemistry.
(L) Any other discipline that the Secretary
determines to be necessary to achieve the purposes of
this title.
(f) Nonapplicability of the Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Committee.
(2) Applicability of financial disclosure requirements.--
Notwithstanding paragraph (1), section 208(b)(3) of title 18,
United States Code, shall apply with respect to Government
employees serving on the Committee.
SEC. 304. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.
(a) In General.--The Secretary shall offer to enter into an
agreement, which may include a grant or cooperative agreement, under
which the Marine Debris Foundation established under title II shall
administer the prize competition.
(b) Requirements.--An agreement entered into under subsection (a)
shall comply with the following requirements:
(1) Duties.--The Marine Debris Foundation shall--
(A) advertise the prize competition;
(B) solicit prize competition participants;
(C) administer funds relating to the prize
competition;
(D) receive Federal and non-Federal funds--
(i) to administer the prize competition;
and
(ii) to award a cash prize;
(E) carry out activities to generate contributions
of non-Federal funds to offset, in whole or in part--
(i) the administrative costs of the prize
competition; and
(ii) the costs of a cash prize;
(F) in consultation with, and subject to final
approval by, the Secretary, develop criteria for the
selection of prize competition winners;
(G) provide advice and consultation to the
Secretary on the selection of judges under section 305
based on criteria developed in consultation with, and
subject to the final approval of, the Secretary;
(H) announce 1 or more annual winners of the prize
competition;
(I) subject to paragraph (2), award 1 or more cash
prizes biennially of not less than $100,000; and
(J) protect against unauthorized use or disclosure
by the Marine Debris Foundation of any trade secret or
confidential business information of a prize
competition participant.
(2) Additional cash prizes.--The Marine Debris Foundation
may award more than 1 cash prize in a year--
(A) if the initial cash prize referred to in
paragraph (1)(I) and any additional cash prizes are
awarded using only non-Federal funds; and
(B) consisting of an amount determined by the Under
Secretary after the Secretary is notified by the Marine
Debris Foundation that non-Federal funds are available
for an additional cash prize.
(3) Solicitation of funds.--The Marine Debris Foundation--
(A) may request and accept Federal funds and non-
Federal funds for a cash prize or administration of the
prize competition;
(B) may accept a contribution for a cash prize in
exchange for the right to name the prize; and
(C) shall not give special consideration to any
Federal agency or non-Federal entity in exchange for a
donation for a cash prize awarded under this section.
SEC. 305. JUDGES.
(a) Appointment.--The Secretary shall appoint not fewer than 3
judges who shall, except as provided in subsection (b), select the 1 or
more annual winners of the prize competition.
(b) Determination by the Secretary.--The judges appointed under
subsection (a) shall not select any annual winner of the prize
competition if the Secretary makes a determination that, in any fiscal
year, none of the technological advancements entered into the prize
competition merits an award.
SEC. 306. REPORT TO CONGRESS.
Not later than 60 days after the date on which a cash prize is
awarded under this title, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of Representatives a report
on the prize competition that includes--
(1) a statement by the Committee that describes the
activities carried out by the Committee relating to the duties
described in section 303;
(2) if the Secretary has entered into an agreement under
section 304, a statement by the Marine Debris Foundation that
describes the activities carried out by the Marine Debris
Foundation relating to the duties described in section 303; and
(3) a statement by 1 or more of the judges appointed under
section 305 that explains the basis on which the winner of the
cash prize was selected.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated such
sums as may be necessary for expenses, including administrative
expenses, relating to the prize competition.
(b) Reimbursement of Expenses.--Members of the Committee and judges
appointed under section 305 shall serve without pay, but may be
reimbursed for the actual and necessary traveling and subsistence
expenses.
SEC. 308. TERMINATION OF AUTHORITY.
The prize program will terminate after 5 prize competition cycles
have been completed.
TITLE IV--OTHER MEASURES RELATING TO COMBATING MARINE DEBRIS
SEC. 401. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND
ENTREPRENEURSHIP PROGRAMS.
The Secretary of Commerce, the Secretary of Energy, the EPA
Administrator, and the heads of other relevant Federal agencies, shall
prioritize efforts to combat marine debris in innovation and
entrepreneurship programs established before the date of the enactment
of this Act, including by using such programs to increase innovation in
and the effectiveness of post-consumer materials management,
monitoring, detection, and data-sharing related to the prevalence and
location of marine debris, demand for recycled content, alternative
uses for plastic waste, product design, reduction of disposable plastic
consumer products and packaging, ocean biodegradable materials
development, waste prevention, and cleanup.
SEC. 402. EXPANSION OF DERELICT VESSEL RECYCLING.
Not later than 1 year after the date of the enactment of this Act,
the Under Secretary and the EPA Administrator shall jointly conduct a
study to determine the feasibility of developing a nationwide derelict
vessel recycling program--
(1) using as a model the fiberglass boat recycling program
from the pilot project in Rhode Island led by Rhode Island Sea
Grant and its partners; and
(2) including, if possible, recycling of vessels made from
materials other than fiberglass.
SEC. 403. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC
FOUND AT SEA.
(a) In General.--The Under Secretary shall establish a pilot
program to assess the feasibility and advisability of providing
incentives, such as grants, to fishermen based in the United States who
incidentally capture marine debris while at sea--
(1) to track or keep the debris on board; and
(2) to dispose of the debris properly on land.
(b) Support for Collection and Removal of Derelict Gear.--The Under
Secretary shall encourage United States efforts, such as the Fishing
for Energy net disposal program, that support--
(1) collection and removal of derelict fishing gear and
other fishing waste;
(2) disposal or recycling of such gear and waste; and
(3) prevention of the loss of such gear.
SEC. 404. AMENDMENTS TO MARINE DEBRIS PROGRAM.
(a) Authorization of Appropriations.--Section 9(a) of the Marine
Debris Act (33 U.S.C. 1958(a)) is amended by--
(1) striking ``$10,000,000'' and inserting ``$15,000,000'';
and
(2) striking ``5 percent'' and inserting ``7 percent''.
(b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33
U.S.C. 1951) is amended by striking ``marine environment,'' and
inserting ``marine environment (including waters in the jurisdiction of
the United States, the high seas, and waters in the jurisdiction of
other countries),''.
(c) Technical Corrections.--Section 3(d)(2) of the Marine Debris
Act (33 U.S.C. 1952(d)(2)) is amended--
(1) in subparagraph (B), by striking ``the matching
requirement under subparagraph (A)'' and inserting ``a matching
requirement under subparagraph (A) or (C)''; and
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``Notwithstanding subparagraph (A)'' and
inserting ``Notwithstanding subparagraph (A) and except as
provided in subparagraph (B)''.
SEC. 405. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND.
(a) Special-Use Authorization.--The Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall not require a
volunteer organization to obtain a special-use authorization for the
removal of any marine debris being stored on National Forest System
land.
(b) Temporary Storage.--Marine debris may be stored on National
Forest System land in a location determined by the Secretary for not
more than 60 days.
(c) Requirements.--Except as otherwise provided in this section,
any activities related to the removal of marine debris from National
Forest System land shall be conducted in a manner consistent with
applicable law and regulations and subject to such reasonable terms and
conditions as the Secretary may require.
TITLE V--STUDIES AND REPORTS
SEC. 501. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE.
Not later than 2 years after the date of the enactment of this Act,
the Marine Debris Coordinating Committee established under section 5 of
the Marine Debris Act (33 U.S.C. 1954) (in this title referred to as
the ``Interagency Marine Debris Coordinating Committee'') shall submit
to Congress a report on innovative uses for plastic waste other than in
infrastructure.
SEC. 502. REPORT ON MICROFIBER POLLUTION.
Not later than 2 years after the date of the enactment of this Act,
the Interagency Marine Debris Coordinating Committee shall submit to
Congress a report on microfiber pollution that includes--
(1) a definition for ``microfiber'';
(2) an assessment of the sources, prevalence, and causes of
microfiber pollution;
(3) a recommendation for a standardized methodology to
measure and estimate the prevalence of microfiber pollution;
(4) recommendations for reducing microfiber pollution; and
(5) a plan for how Federal agencies, in partnership with
other stakeholders, can lead on opportunities to reduce
microfiber pollution during the 5-year period beginning on such
date of enactment.
SEC. 503. STUDY ON UNITED STATES PLASTIC POLLUTION DATA.
(a) In General.--The Under Secretary, in consultation with the EPA
Administrator, shall seek to enter into an arrangement with the
National Academies of Sciences, Engineering, and Medicine under which
the National Academies will undertake a multifaceted study that
includes the following:
(1) An evaluation of United States contributions to global
ocean plastic waste, including types, sources, and geographic
variations.
(2) An assessment of the prevalence of marine debris and
mismanaged plastic waste in saltwater and freshwater United
States waterways.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Under Secretary shall submit to Congress a
report on the study conducted under subsection (a) that includes--
(1) the findings of the National Academies;
(2) recommendations on knowledge gaps that warrant further
scientific inquiry; and
(3) recommendations on the potential value of a national
marine debris tracking and monitoring system and how such a
system might be designed and implemented.
SEC. 504. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE.
Not later than 2 years after the date of the enactment of this Act,
the Interagency Marine Debris Coordinating Committee shall submit to
Congress a report on minimizing the creation of new plastic waste.
SEC. 505. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR
POLYMERS.
(a) In General.--The National Institute of Standards and Technology
shall conduct a study of available mass balance methodologies that are
or could be readily standardized to certify circular polymers.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Institute shall submit to Congress a report on the study
conducted under subsection (a) that includes--
(1) an identification and assessment of existing mass
balance methodologies, standards, and certification systems
that are or may be applicable to supply chain sustainability of
polymers, considering the full life cycle of the polymer, and
including an examination of--
(A) the International Sustainability and Carbon
Certification; and
(B) the Roundtable on Sustainable Biomaterials; and
(2) an assessment of any legal or regulatory barriers to
developing a standard and certification system for circular
polymers.
(c) Definitions.--In this section:
(1) Circular polymers.--The term ``circular polymers''
means polymers that can be reused multiple times or converted
into a new, higher-quality product.
(2) Mass balance methodology.--The term ``mass balance
methodology'' means the method of chain of custody accounting
designed to track the exact total amount of certain content in
products or materials through the production system and to
ensure an appropriate allocation of this content in the
finished goods based on auditable bookkeeping.
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