II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save Our Seas 2.0: 

5 Enhancing the Domestic Marine Debris Response Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CIRCULAR ECONOMY.—The term ‘‘circular 

9 economy’’ means an economy that uses a systems-foVerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364

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1 cused approach and involves industrial processes and 

2 economic activities that— 

3 (A) are restorative or regenerative by de4 sign; 

5 (B) enable resources used in such proc6 esses and activities to maintain their highest 

7 values for as long as possible; and 

8 (C) aim for the elimination of waste 

9 through the superior design of materials, prod10 ucts, and systems (including business models). 

11 (2) EPA ADMINISTRATOR.—The term ‘‘EPA 

12 Administrator’’ means the Administrator of the En13 vironmental Protection Agency. 

14 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

15 has the meaning given the term ‘‘Indian tribe’’ in 

16 section 4 of the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 5304), without re18 gard to capitalization. 

19 (4) MARINE DEBRIS.—The term ‘‘marine de20 bris’’ has the meaning given that term in section 7 

21 of the Marine Debris Act (33 U.S.C. 1956). 

22 (5) NON-FEDERAL FUNDS.—The term ‘‘non23 Federal funds’’ means funds provided by— 

24 (A) a State; 

25 (B) an Indian Tribe; 


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1 (C) a territory of the United States; 

2 (D) one or more units of local governments 

3 or Tribal organizations (as defined in section 4 

4 of the Indian Self-Determination and Education 

5 Assistance Act (25 U.S.C. 5304)); 

6 (E) a private for-profit entity; 

7 (F) a nonprofit organization; or 

8 (G) a private individual. 

9 (6) NONPROFIT ORGANIZATION.—The term 

10 ‘‘nonprofit organization’’ means an organization that 

11 is described in section 501(c) of the Internal Rev12 enue Code of 1986 and exempt from tax under sec13 tion 501(a) of such Code. 

14 (7) POST-CONSUMER MATERIALS MANAGE15 MENT.—The term ‘‘post-consumer materials man16 agement’’ means the systems, operation, supervision, 

17 and aftercare of processes and equipment used for 

18 post-use material (including packaging, goods, prod19 ucts, and other materials), including— 

20 (A) collection; 

21 (B) transport; 

22 (C) safe disposal of waste that cannot be 

23 recovered, reused, recycled, repaired, or refur24 bished; and 


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1 (D) systems and processes related to post2 use materials that can be recovered, reused, re3 cycled, repaired, or refurbished. 

4 (8) STATE.—The term ‘‘State’’ means— 

5 (A) a State; 

6 (B) an Indian Tribe; 

7 (C) the District of Columbia; and 

8 (D) a territory or possession of the United 

9 States. 

10 (9) UNDER SECRETARY.—The term ‘‘Under 

11 Secretary’’ means the Under Secretary of Commerce 

12 for Oceans and Atmosphere and Administrator of 

13 the National Oceanic and Atmospheric Administra14 tion. 

15 TITLE I—MARINE DEBRIS 

16 RESPONSE TRUST FUND 

17 SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND. 

18 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

19 Internal Revenue Code of 1986 is amended by adding at 

20 the end the following: 

21 ‘‘SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND. 

22 ‘‘(a) CREATION OF TRUST FUND.—There is estab23 lished in the Treasury of the United States a trust fund 

24 to be known as the ‘Marine Debris Response Trust Fund’, 


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1 consisting of such amounts as may be appropriated or 

2 credited to the Trust Fund as provided in this section. 

3 ‘‘(b) PURPOSES OF TRUST FUND.— 

4 ‘‘(1) IN GENERAL.—Amounts in the Marine De5 bris Response Trust Fund shall be available for the 

6 National Oceanic and Atmospheric Administration 

7 to respond to a marine debris event described in 

8 paragraph (2), which may include— 

9 ‘‘(A) monitoring, response, and prevention; 

10 ‘‘(B) providing funding to States, terri11 tories, Indian Tribes, and other United States 

12 Government and nongovernmental organizations 

13 supporting prevention, cleanup, and response 

14 efforts; or 

15 ‘‘(C) administrative costs relating to dis16 tributing amounts from the Marine Debris Re17 sponse Trust Fund. 

18 ‘‘(2) MARINE DEBRIS EVENT DESCRIBED.—A 

19 marine debris event described in this paragraph is 

20 an event that affects or may affect the United 

21 States involving— 

22 ‘‘(A) marine debris caused by a natural 

23 event, including a tsunami, flood, landslide, 

24 hurricane, or other natural source; 


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1 ‘‘(B) distinct, nonrecurring marine debris, 

2 including derelict vessel groundings and con3 tainer spills, that have immediate or long-term 

4 impacts on habitats with high ecological, eco5 nomic, or human-use values; or 

6 ‘‘(C) marine debris caused by an inten7 tional or grossly negligent act or acts that 

8 causes substantial economic or environmental 

9 harm. 

10 ‘‘(c) LIMITATIONS ON EXPENDITURES.— 

11 ‘‘(1) MAXIMUM PER EVENT.—The maximum 

12 amount that may be paid from the Marine Debris 

13 Response Trust Fund with respect to any single 

14 event may not exceed $100,000,000. 

15 ‘‘(2) MINIMUM BALANCE.—A payment may be 

16 made from the Marine Debris Response Trust Fund 

17 only if the amount in the Marine Debris Response 

18 Trust Fund after the payment will not be less than 

19 $1,000,000. 

20 ‘‘(3) MAXIMUM BALANCE.—Amounts in the Ma21 rine Debris Response Trust Fund may not exceed 

22 $500,000,000. 

23 ‘‘(d) INITIAL FUNDING.—There are authorized to be 

24 appropriated to the Marine Debris Response Trust Fund 


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1 $2,000,000 for fiscal year 2020 to establish the Marine 

2 Debris Response Trust Fund. 

3 ‘‘(e) AUTHORITY TO BORROW.— 

4 ‘‘(1) IN GENERAL.—There are authorized to be 

5 appropriated to the Marine Debris Response Trust 

6 Fund, as repayable advances, such sums as may be 

7 necessary to carry out the purposes of the Marine 

8 Debris Response Trust Fund. 

9 ‘‘(2) LIMITATION ON AMOUNT OUTSTANDING.— 

10 The maximum aggregate amount of repayable ad11 vances to the Marine Debris Response Trust Fund 

12 outstanding at any one time may not exceed 

13 $1,000,000. 

14 ‘‘(3) REPAYMENT OF ADVANCES.— 

15 ‘‘(A) IN GENERAL.—Advances made to the 

16 Marine Debris Response Trust Fund shall be 

17 repaid, and interest on such advances shall be 

18 paid, to the general fund of the Treasury when 

19 the Secretary of Commerce, in consultation with 

20 the Secretary of the Treasury, determines that 

21 amounts are available for such purposes in the 

22 Marine Debris Response Trust Fund. 

23 ‘‘(B) FINAL REPAYMENT.—No advance 

24 may be made to the Marine Debris Response 

25 Trust Fund after September 30, 2035, and all 


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1 advances to such Fund shall be repaid on or be2 fore that date. 

3 ‘‘(C) RATE OF INTEREST.—Interest on ad4 vances made pursuant to this subsection shall 

5 be— 

6 ‘‘(i) at a rate determined by the Sec7 retary of the Treasury (as of the close of 

8 the calendar month preceding the month in 

9 which the advance is made) to be equal to 

10 the current average market yield on out11 standing marketable obligations of the 

12 United States with remaining periods to 

13 maturity comparable to the anticipated pe14 riod during which the advance will be out15 standing, and 

16 ‘‘(ii) compounded annually. 

17 ‘‘(f) AVAILABILITY OF FUNDS.—Amounts in the Ma18 rine Debris Response Trust Fund shall— 

19 ‘‘(1) be available without fiscal year limitation 

20 and without apportionment; and 

21 ‘‘(2) shall supplement and not supplant other 

22 amounts available for responding to marine debris 

23 events. 

24 ‘‘(g) INVESTMENT.—The Secretary of the Treasury 

25 shall invest amounts in the Marine Debris Response Trust 


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1 Fund in interest bearing obligations of the United States 

2 to the extent such amounts are not required to meet cur3 rent withdrawals. Interest earned by such investments 

4 shall be credited to, and become a part of, the Marine De5 bris Response Trust Fund. 

6 ‘‘(h) ADMINISTRATION.—The Under Secretary of 

7 Commerce for Oceans and Atmosphere shall prescribe reg8 ulations— 

9 ‘‘(1) providing for a process for submitting a 

10 claim to the Marine Debris Response Trust Fund 

11 and for distributing amounts from the Marine De12 bris Response Trust Fund pursuant to those claims; 

13 and 

14 ‘‘(2) providing guidance with respect to what 

15 constitutes an event for which amounts will be dis16 tributed from the Marine Debris Response Trust 

17 Fund. 

18 ‘‘(i) LIABILITY OF THE UNITED STATES LIMITED TO

19 AMOUNT IN TRUST FUND.— 

20 ‘‘(1) IN GENERAL.—Any claim filed against the 

21 Marine Debris Response Trust Fund may be paid 

22 only out of the Marine Debris Response Trust Fund. 

23 ‘‘(2) ORDER IN WHICH UNPAID CLAIMS ARE TO

24 BE PAID.—If at any time the Marine Debris Re25 sponse Trust Fund has insufficient funds to pay all 


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1 of the claims out of the Marine Debris Response 

2 Trust Fund at such time, such claims shall, to the 

3 extent permitted under paragraph (1), be paid in 

4 full in the order in which they were finally deter5 mined. 

6 ‘‘(j) NON-FEDERAL CONTRIBUTIONS TO THE TRUST

7 FUND.— 

8 ‘‘(1) IN GENERAL.—A gift, award, devise, or 

9 bequest, and non-Federal amounts from legal judg10 ments or settlements may be accepted by the Marine 

11 Debris Response Trust Fund without regard to 

12 whether the gift, devise, or bequest is encumbered, 

13 restricted, or subject to beneficial interests of private 

14 persons if any current or future interest in the gift, 

15 devise, or bequest is for the benefit of the Marine 

16 Debris Response Trust Fund. 

17 ‘‘(2) FOREIGN GIFTS.—Any gifts, awards, de18 vises, or bequests given to or received from a person 

19 in a foreign country by or to the Marine Debris Re20 sponse Trust Fund shall be made only with the con21 currence of the Secretary of State, in consultation, 

22 as appropriate, with the Administrator of the United 

23 States Agency for International Development.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for subchapter A of chapter 98 of such Code is amended 

3 by adding at the end the following: 

‘‘Sec. 9512. Marine Debris Response Trust Fund.’’. 

4 TITLE II—MARINE DEBRIS 

5 FOUNDATION 

6 SEC. 201. ESTABLISHMENT AND PURPOSES OF FOUNDA7 TION. 

8 (a) ESTABLISHMENT.—There is established the Ma9 rine Debris Foundation (in this title referred to as the 

10 ‘‘Foundation’’). The Foundation is a charitable and non11 profit organization and is not an agency or establishment 

12 of the United States. 

13 (b) PURPOSES.—The purposes of the Foundation 

14 are— 

15 (1) to encourage, accept, and administer private 

16 gifts of property for the benefit of, or in connection 

17 with, the activities and services of the National Oce18 anic and Atmospheric Administration under the Ma19 rine Debris Program established under section 3 of 

20 the Marine Debris Act (33 U.S.C. 1952), and other 

21 relevant programs and agencies; 

22 (2) to undertake and conduct such other activi23 ties as will further the efforts of the National Oce24 anic and Atmospheric Administration to assess, pre25 vent, reduce, and remove marine debris and address 


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1 the adverse impacts of marine debris on the economy 

2 of the United States, the marine environment, and 

3 navigation safety; 

4 (3) to participate with, and otherwise assist, 

5 State, local, and Tribal governments, foreign govern6 ments, entities, and individuals in undertaking and 

7 conducting activities to assess, prevent, reduce, and 

8 remove marine debris and address the adverse im9 pacts of marine debris and its root causes on the 

10 economy of the United States, the marine environ11 ment (including waters in the jurisdiction of the 

12 United States, the high seas, and waters in the ju13 risdiction of other countries), and navigation safety; 

14 and 

15 (4) to support other Federal actions to reduce 

16 marine debris. 

17 SEC. 202. BOARD OF DIRECTORS OF THE FOUNDATION. 

18 (a) ESTABLISHMENT AND MEMBERSHIP.— 

19 (1) IN GENERAL.—The Foundation shall have a 

20 governing Board of Directors (in this title referred 

21 to as the ‘‘Board’’), which shall consist of the Under 

22 Secretary and 12 additional Directors appointed in 

23 accordance with subsection (b) from among individ24 uals who are United States citizens. 


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1 (2) REPRESENTATION OF DIVERSE POINTS OF

2 VIEW.—To the maximum extent practicable, the 

3 membership of the Board shall represent diverse 

4 points of view relating to the assessment, prevention, 

5 reduction, and removal of marine debris. 

6 (3) NOT FEDERAL EMPLOYEES.—Appointment 

7 as a Director of the Foundation shall not constitute 

8 employment by, or the holding of an office of, the 

9 United States for the purpose of any Federal law. 

10 (b) APPOINTMENT AND TERMS.— 

11 (1) APPOINTMENT.—Subject to paragraph (2), 

12 after consulting with the EPA Administrator, the 

13 Director of the United States Fish and Wildlife 

14 Service, the Assistant Secretary of State for the Bu15 reau of Oceans and International Environmental and 

16 Scientific Affairs, and the Administrator of the 

17 United States Agency for International Develop18 ment, and considering the recommendations sub19 mitted by the Board, the Under Secretary shall ap20 point 12 Directors who meet the criteria established 

21 by subsection (a), of whom— 

22 (A) at least 4 shall be educated or experi23 enced in the assessment, prevention, reduction, 

24 or removal of marine debris, which may include 


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1 an individual with expertise in post-consumer 

2 materials management or a circular economy; 

3 (B) at least 2 shall be educated or experi4 enced in the assessment, prevention, reduction, 

5 or removal of marine debris outside the United 

6 States; 

7 (C) at least 2 shall be educated or experi8 enced in ocean and coastal resource conserva9 tion science or policy; and 

10 (D) at least 2 shall be educated or experi11 enced in international trade or foreign policy. 

12 (2) TERMS.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), each Director (other than the Under 

15 Secretary) shall be appointed for a term of 6 

16 years. 

17 (B) INITIAL APPOINTMENTS TO NEW MEM18 BER POSITIONS.—Of the Directors appointed by 

19 the Under Secretary under paragraph (1), the 

20 Secretary shall appoint, not later than 180 days 

21 after the date of the enactment of this Act— 

22 (i) 4 Directors for a term of 6 years; 

23 (ii) 4 Directors for a term of 4 years; 

24 and 

25 (iii) 4 Directors for a term of 2 years. 


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1 (3) VACANCIES.— 

2 (A) IN GENERAL.—The Under Secretary 

3 shall fill a vacancy on the Board. 

4 (B) TERM OF APPOINTMENTS TO FILL UN5 EXPIRED TERMS.—An individual appointed to 

6 fill a vacancy that occurs before the expiration 

7 of the term of a Director shall be appointed for 

8 the remainder of the term. 

9 (4) REAPPOINTMENT.—An individual (other 

10 than an individual described in paragraph (1)) shall 

11 not serve more than 2 consecutive terms as a Direc12 tor, excluding any term of less than 6 years. 

13 (5) REQUEST FOR REMOVAL.—The executive 

14 committee of the Board may submit to the Under 

15 Secretary a letter describing the nonperformance of 

16 a Director and requesting the removal of the Direc17 tor from the Board. 

18 (6) CONSULTATION BEFORE REMOVAL.—Before 

19 removing any Director from the Board, the Under 

20 Secretary shall consult with the Assistant Secretary 

21 of State for the Bureau of Oceans and International 

22 Environmental and Scientific Affairs, the Director of 

23 the United States Fish and Wildlife Service, and the 

24 EPA Administrator. 


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1 (c) CHAIRMAN.—The Chairman shall be elected by 

2 the Board from its members for a 2-year term. 

3 (d) QUORUM.—A majority of the current membership 

4 of the Board shall constitute a quorum for the transaction 

5 of business. 

6 (e) MEETINGS.—The Board shall meet at the call of 

7 the Chairman at least once a year. If a Director misses 

8 3 consecutive regularly scheduled meetings, that individual 

9 may be removed from the Board and that vacancy filled 

10 in accordance with subsection (b). 

11 (f) REIMBURSEMENT OF EXPENSES.—Members of 

12 the Board shall serve without pay, but may be reimbursed 

13 for the actual and necessary traveling and subsistence ex14 penses incurred by them in the performance of the duties 

15 of the Foundation. 

16 (g) GENERAL POWERS.— 

17 (1) IN GENERAL.—The Board may complete 

18 the organization of the Foundation by— 

19 (A) appointing officers and employees; 

20 (B) adopting a constitution and bylaws 

21 consistent with the purposes of the Foundation 

22 and the provisions of this title; and 

23 (C) undertaking of other such acts as may 

24 be necessary to carry out the provisions of this 

25 title. 


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1 (2) LIMITATIONS ON APPOINTMENT.—The fol2 lowing limitations apply with respect to the appoint3 ment of officers and employees of the Foundation: 

4 (A) Officers and employees may not be ap5 pointed until the Foundation has sufficient 

6 funds to pay them for their service. Officers 

7 and employees of the Foundation shall be ap8 pointed without regard to the provisions of title 

9 5, United States Code, governing appointments 

10 in the competitive service, and may be paid 

11 without regard to the provisions of chapter 51 

12 and subchapter III of chapter 53 of such title 

13 relating to classification and General Schedule 

14 pay rates. 

15 (B) The first officer or employee appointed 

16 by the Board shall be the Secretary of the 

17 Board who— 

18 (i) shall serve, at the direction of the 

19 Board, as its chief operating officer; and 

20 (ii) shall be knowledgeable and experi21 enced in matters relating to the assess22 ment, prevention, reduction, and removal 

23 of marine debris. 

24 SEC. 203. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

25 (a) IN GENERAL.—The Foundation— 


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1 (1) shall have perpetual succession; 

2 (2) may conduct business throughout the sev3 eral States, territories, and possessions of the 

4 United States and abroad; 

5 (3) shall have its principal offices in the Dis6 trict of Columbia or in a county in the State of 

7 Maryland or Virginia that borders on the District of 

8 Columbia; and 

9 (4) shall at all times maintain a designated 

10 agent authorized to accept service of process for the 

11 Foundation. 

12 (b) SERVICE OF PROCESS.—The serving of notice to, 

13 or service of process upon, the agent required under sub14 section (a)(4), or mailed to the business address of such 

15 agent, shall be deemed as service upon or notice to the 

16 Foundation. 

17 (c) SEAL.—The Foundation shall have an official seal 

18 selected by the Board which shall be judicially noticed. 

19 (d) POWERS.— 

20 (1) IN GENERAL.—To carry out its purposes 

21 under section 201, the Foundation shall have, in ad22 dition to the powers otherwise given it under this 

23 title, the usual powers of a corporation acting as a 

24 trustee in the District of Columbia, including the 

25 power— 


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1 (A) to accept, receive, solicit, hold, admin2 ister, and use any gift, devise, or bequest, either 

3 absolutely or in trust, of real or personal prop4 erty or any income therefrom or other interest 

5 therein; 

6 (B) to acquire by purchase or exchange 

7 any real or personal property or interest there8 in; 

9 (C) to invest any funds provided to the 

10 Foundation by the Federal Government in obli11 gations of the United States or in obligations or 

12 securities that are guaranteed or insured by the 

13 United States; 

14 (D) to deposit any funds provided to the 

15 Foundation by the Federal Government into ac16 counts that are insured by an agency or instru17 mentality of the United States; 

18 (E) to make use of any interest or invest19 ment income that accrues as a consequence of 

20 actions taken under subparagraph (C) or (D) to 

21 carry out the purposes of the Foundation; 

22 (F) to use Federal funds to make pay23 ments under cooperative agreements to provide 

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1 ment, prevention, reduction, and removal of ma2 rine debris; 

3 (G) unless otherwise required by the in4 strument of transfer, to sell, donate, lease, in5 vest, reinvest, retain or otherwise dispose of any 

6 property or income therefrom; 

7 (H) to borrow money and issue bonds, de8 bentures, or other debt instruments; 

9 (I) to sue and be sued, and complain and 

10 defend itself in any court of competent jurisdic11 tion, except that the Directors of the Founda12 tion shall not be personally liable, except for 

13 gross negligence; 

14 (J) to enter into contracts or other ar15 rangements with, or provide financial assistance 

16 to, public agencies and private organizations 

17 and persons and to make such payments as 

18 may be necessary to carry out its functions; and 

19 (K) to do any and all acts necessary and 

20 proper to carry out the purposes of the Founda21 tion. 

22 (2) NON-FEDERAL CONTRIBUTIONS TO THE

23 FUND.—A gift, devise, or bequest may be accepted 

24 by the Foundation without regard to whether the 

25 gift, devise, or bequest is encumbered, restricted, or 


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1 subject to beneficial interests of private persons if 

2 any current or future interest in the gift, devise, or 

3 bequest is for the benefit of the Foundation. 

4 (e) NOTICE TO MEMBERS OF CONGRESS.—The 

5 Foundation may not make a grant of Federal funds in 

6 an amount greater than $100,000 unless, by not later 

7 than 15 days before the grant is made, the Foundation 

8 provides notice of the grant to the Member of Congress 

9 for the congressional district in which the project to be 

10 funded with the grant will be carried out. 

11 (f) COORDINATION OF INTERNATIONAL EFFORTS.— 

12 Any efforts of the Foundation carried out in a foreign 

13 country, and any grants provided to an individual or entity 

14 in a foreign country, shall be made only with the concur15 rence of the Secretary of State, in consultation, as appro16 priate, with the Administrator of the United States Agen17 cy for International Development. 

18 (g) CONSULTATION WITH NOAA.—The Foundation 

19 shall consult with the Under Secretary during the plan20 ning of any restoration or remediation action using funds 

21 resulting from judgments or settlements relating to the 

22 damage to trust resources of the National Oceanic and 

23 Atmospheric Administration. 


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1 SEC. 204. ADMINISTRATIVE SERVICES AND SUPPORT. 

2 (a) PROVISION OF SERVICES.—The Under Secretary 

3 may provide personnel, facilities, and other administrative 

4 services to the Foundation, including reimbursement of 

5 expenses, not to exceed the current Federal Government 

6 per diem rates, for a period of up to 5 years beginning 

7 on the date of the enactment of this Act. 

8 (b) REIMBURSEMENT.—The Foundation may reim9 burse the Under Secretary for any administrative service 

10 provided under subsection (a). The Under Secretary shall 

11 deposit any reimbursement received under this subsection 

12 into the Treasury to the credit of the appropriations then 

13 current and chargeable for the cost of providing such serv14 ices. 

15 SEC. 205. VOLUNTEER STATUS. 

16 The Secretary of Commerce may accept, without re17 gard to the civil service classification laws, rules, or regu18 lations, the services of the Foundation, the Board, and 

19 the officers and employees of the Board, without com20 pensation from the Department of Commerce, as volun21 teers in the performance of the functions authorized in 

22 this title. 

23 SEC. 206. REPORT REQUIREMENTS; PETITION OF ATTOR24 NEY GENERAL FOR EQUITABLE RELIEF. 

25 (a) REPORT.—The Foundation shall, as soon as prac26 ticable after the end of each fiscal year, transmit to the 


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1 Committee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Natural Resources and 

3 the Committee on Energy and Commerce of the House 

4 of Representatives a report— 

5 (1) describing the proceedings and activities of 

6 the Foundation during that fiscal year, including a 

7 full and complete statement of its receipts, expendi8 tures, and investments; and 

9 (2) including a detailed statement of the recipi10 ent, amount, and purpose of each grant made by the 

11 Foundation in the fiscal year. 

12 (b) RELIEF WITH RESPECT TO CERTAIN FOUNDA13 TION ACTS OR FAILURE TO ACT.—If the Foundation— 

14 (1) engages in, or threatens to engage in, any 

15 act, practice, or policy that is inconsistent with its 

16 purposes set forth in section 201(b); or 

17 (2) refuses, fails, or neglects to discharge its 

18 obligations under this title, or threatens to do so, 

19 the Attorney General may petition in the United States 

20 District Court for the District of Columbia for such equi21 table relief as may be necessary or appropriate. 

22 SEC. 207. UNITED STATES RELEASE FROM LIABILITY. 

23 The United States shall not be liable for any debts, 

24 defaults, acts, or omissions of the Foundation nor shall 


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1 the full faith and credit of the United States extend to 

2 any obligation of the Foundation. 

3 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to the Secretary of Commerce such 

7 sums as may be necessary to carry out this title for 

8 each of fiscal years 2020 through 2025. 

9 (2) USE OF APPROPRIATED FUNDS.—Subject to 

10 paragraph (3), amounts made available under para11 graph (1) shall be provided to the Foundation to 

12 match contributions (whether in currency, services, 

13 or property) made to the Foundation, or to a recipi14 ent of a grant provided by the Foundation, by pri15 vate persons and State and local government agen16 cies. 

17 (3) PROHIBITION ON USE FOR ADMINISTRATIVE

18 EXPENSES.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), no Federal funds made 

21 available under paragraph (1) may be used by 

22 the Foundation for administrative expenses of 

23 the Foundation, including for salaries, travel 

24 and transportation expenses, and other over25 head expenses. 


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1 (B) EXCEPTION.—The Secretary may 

2 allow the use of Federal funds made available 

3 under paragraph (1) to pay for salaries during 

4 the 18-month period beginning on the date of 

5 the enactment of this Act. 

6 (b) ADDITIONAL AUTHORIZATION.— 

7 (1) IN GENERAL.—In addition to the amounts 

8 authorized to be appropriated under subsection (a), 

9 the Foundation may accept Federal funds from a 

10 Federal agency under any other Federal law for use 

11 by the Foundation to further the assessment, pre12 vention, reduction, and removal of marine debris in 

13 accordance with the requirements of this title. 

14 (2) USE OF FUNDS ACCEPTED FROM FEDERAL

15 AGENCIES.—Federal funds provided to the Founda16 tion under paragraph (1) shall be used by the Foun17 dation for matching, in whole or in part, contribu18 tions (whether in currency, services, or property) 

19 made to the Foundation by private persons and 

20 State and local government agencies. 

21 (c) PROHIBITION ON USE OF GRANT AMOUNTS FOR

22 LITIGATION AND LOBBYING EXPENSES.—Amounts pro23 vided as a grant by the Foundation shall not be used for— 

24 (1) any expense related to litigation consistent 

25 with Federal-wide cost principles; or 


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1 (2) any activity the purpose of which is to influ2 ence legislation pending before Congress consistent 

3 with Federal-wide cost principles. 

4 TITLE III—GENIUS PRIZE FOR 

5 SAVE OUR SEAS INNOVATIONS 

6 SEC. 301. DEFINITIONS. 

7 In this title: 

8 (1) PRIZE COMPETITION.—The term ‘‘prize 

9 competition’’ means the competition for the award of 

10 the Genius Prize for Save Our Seas Innovations es11 tablished under section 302. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Commerce. 

14 SEC. 302. GENIUS PRIZE FOR SAVE OUR SEAS INNOVA15 TIONS. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of the enactment of this Act, the Secretary shall es18 tablish under section 24 of the Stevenson-Wydler Tech19 nology Innovation Act of 1980 (15 U.S.C. 3719) a prize 

20 competition— 

21 (1) to encourage technological innovation with 

22 the potential to reduce plastic waste and thereby 

23 prevent marine debris; and 

24 (2) to award 1 or more prizes biennially for 

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1 novation in removing and preventing plastic waste, 

2 including— 

3 (A) advancements in materials used in 

4 packaging and other products that, if such 

5 products enter the coastal or ocean environ6 ment, will fully degrade without harming the 

7 environment, wildlife, or human health; 

8 (B) innovations in production and pack9 aging design that reduce the use of raw mate10 rials, increase recycled content, encourage 

11 reusability and recyclability, and promote a cir12 cular economy; 

13 (C) improvements in marine debris detec14 tion, monitoring, and cleanup technologies and 

15 processes; 

16 (D) technological improvements or im17 proved strategies to increase solid waste collec18 tion, processing, sorting, recycling, reuse, or 

19 repurposing; and 

20 (E) new designs or strategies to reduce 

21 overall packaging needs. 

22 (b) DESIGNATION.—The prize competition estab23 lished under subsection (a) shall be known as the ‘‘Genius 

24 Prize for Save Our Seas Innovations’’. 


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1 (c) PRIORITIZATION.—In selecting awards for the 

2 prize competition, priority shall be given to projects that— 

3 (1) have a strategy, submitted with the applica4 tion or proposal, to move the new technology, proc5 ess, design, material, or other product supported by 

6 the prize to market-scale deployment; 

7 (2) support the concept of a circular economy; 

8 and 

9 (3) promote development of materials that— 

10 (A) can fully degrade in the ocean without 

11 harming the environment, wildlife, or human 

12 health; and 

13 (B) are to be used in fishing gear or other 

14 maritime products that have an increased likeli15 hood of entering the coastal or ocean environ16 ment as unintentional waste. 

17 SEC. 303. SAVE OUR SEAS INNOVATION STEERING COM18 MITTEE. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 a steering committee, to be known as the ‘‘Save Our Seas 

21 Innovation Steering Committee’’ (in this title referred as 

22 the ‘‘Committee’’) to provide expert advice and rec23 ommendations in the establishment of the prize competi24 tion, selection of awardees, and analysis of the successes 

25 of the prize competition. 


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1 (b) DUTIES.—Subject to subsection (d), with respect 

2 to the prize competition, the Committee shall— 

3 (1) select a topic; 

4 (2) issue a problem statement; and 

5 (3) advise the Secretary on any opportunity for 

6 market-scale development of technological innovation 

7 to prevent marine plastic debris and promote the de8 velopment of materials that fully degrade in ocean 

9 and coastal environments without harming the envi10 ronment, wildlife, or human health. 

11 (c) COMPETITION JUDGES.—A member of the Com12 mittee may serve as a judge for the prize competition 

13 under section 305. 

14 (d) ADMINISTRATIVE COST REDUCTION.—The Com15 mittee shall, to the maximum extent practicable, minimize 

16 the administrative costs of the Committee, including by 

17 encouraging remote participation to reduce travel costs. 

18 (e) CONSULTATION.—In selecting a topic and issuing 

19 a problem statement for the prize competition under para20 graphs (1) and (2) of subsection (b), respectively, the 

21 Committee shall consult widely with Federal and non-Fed22 eral stakeholders, including— 

23 (1) 1 or more Federal agencies with jurisdiction 

24 over the prevention of marine debris or the pro25 motion of innovative materials; 


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1 (2) 1 or more State agencies with jurisdiction 

2 over the prevention of marine debris or the pro3 motion of innovative materials; 

4 (3) 1 or more State, regional, or local conserva5 tion or post-consumer materials management organi6 zations, the mission of which relates to the preven7 tion of marine debris or the promotion of innovative 

8 materials; 

9 (4) 1 or more conservation groups, technology 

10 companies, research institutions, institutions of high11 er education, industry associations, or individual 

12 stakeholders with an interest in the prevention of 

13 marine debris or the promotion of innovative mate14 rials; 

15 (5) 1 or more experts in the area of standards 

16 development regarding the degradation, breakdown, 

17 or recycling of polymers; and 

18 (6) experts in the following areas: 

19 (A) Polymer chemistry. 

20 (B) Wildlife conservation and management. 

21 (C) Marine biology or animal science. 

22 (D) Post-consumer materials management. 

23 (E) Technology development. 

24 (F) Engineering. 

25 (G) Lifecycle assessment. 


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1 (H) Economics. 

2 (I) Recycling. 

3 (J) Business development and manage4 ment. 

5 (K) Marine environmental chemistry. 

6 (L) Any other discipline that the Secretary 

7 determines to be necessary to achieve the pur8 poses of this title. 

9 (f) NONAPPLICABILITY OF THE FEDERAL ADVISORY

10 COMMITTEE ACT.— 

11 (1) IN GENERAL.—The Federal Advisory Com12 mittee Act (5 U.S.C. App.) shall not apply with re13 spect to the Committee. 

14 (2) APPLICABILITY OF FINANCIAL DISCLOSURE

15 REQUIREMENTS.—Notwithstanding paragraph (1), 

16 section 208(b)(3) of title 18, United States Code, 

17 shall apply with respect to Government employees 

18 serving on the Committee. 

19 SEC. 304. AGREEMENT WITH THE MARINE DEBRIS FOUNDA20 TION. 

21 (a) IN GENERAL.—The Secretary shall offer to enter 

22 into an agreement, which may include a grant or coopera23 tive agreement, under which the Marine Debris Founda24 tion established under title II shall administer the prize 

25 competition. 


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1 (b) REQUIREMENTS.—An agreement entered into 

2 under subsection (a) shall comply with the following re3 quirements: 

4 (1) DUTIES.—The Marine Debris Foundation 

5 shall— 

6 (A) advertise the prize competition; 

7 (B) solicit prize competition participants; 

8 (C) administer funds relating to the prize 

9 competition; 

10 (D) receive Federal and non-Federal 

11 funds— 

12 (i) to administer the prize competi13 tion; and 

14 (ii) to award a cash prize; 

15 (E) carry out activities to generate con16 tributions of non-Federal funds to offset, in 

17 whole or in part— 

18 (i) the administrative costs of the 

19 prize competition; and 

20 (ii) the costs of a cash prize; 

21 (F) in consultation with, and subject to 

22 final approval by, the Secretary, develop criteria 

23 for the selection of prize competition winners; 

24 (G) provide advice and consultation to the 

25 Secretary on the selection of judges under secVerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364

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1 tion 305 based on criteria developed in con2 sultation with, and subject to the final approval 

3 of, the Secretary; 

4 (H) announce 1 or more annual winners of 

5 the prize competition; 

6 (I) subject to paragraph (2), award 1 or 

7 more cash prizes biennially of not less than 

8 $100,000; and 

9 (J) protect against unauthorized use or 

10 disclosure by the Marine Debris Foundation of 

11 any trade secret or confidential business infor12 mation of a prize competition participant. 

13 (2) ADDITIONAL CASH PRIZES.—The Marine 

14 Debris Foundation may award more than 1 cash 

15 prize in a year— 

16 (A) if the initial cash prize referred to in 

17 paragraph (1)(I) and any additional cash prizes 

18 are awarded using only non-Federal funds; and 

19 (B) consisting of an amount determined by 

20 the Under Secretary after the Secretary is noti21 fied by the Marine Debris Foundation that non22 Federal funds are available for an additional 

23 cash prize. 

24 (3) SOLICITATION OF FUNDS.—The Marine De25 bris Foundation— 


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1 (A) may request and accept Federal funds 

2 and non-Federal funds for a cash prize or ad3 ministration of the prize competition; 

4 (B) may accept a contribution for a cash 

5 prize in exchange for the right to name the 

6 prize; and 

7 (C) shall not give special consideration to 

8 any Federal agency or non-Federal entity in ex9 change for a donation for a cash prize awarded 

10 under this section. 

11 SEC. 305. JUDGES. 

12 (a) APPOINTMENT.—The Secretary shall appoint not 

13 fewer than 3 judges who shall, except as provided in sub14 section (b), select the 1 or more annual winners of the 

15 prize competition. 

16 (b) DETERMINATION BY THE SECRETARY.—The 

17 judges appointed under subsection (a) shall not select any 

18 annual winner of the prize competition if the Secretary 

19 makes a determination that, in any fiscal year, none of 

20 the technological advancements entered into the prize 

21 competition merits an award. 

22 SEC. 306. REPORT TO CONGRESS. 

23 Not later than 60 days after the date on which a cash 

24 prize is awarded under this title, the Secretary shall sub25 mit to the Committee on Commerce, Science, and TransVerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364

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1 portation of the Senate and the Committee on Natural Re2 sources of the House of Representatives a report on the 

3 prize competition that includes— 

4 (1) a statement by the Committee that de5 scribes the activities carried out by the Committee 

6 relating to the duties described in section 303; 

7 (2) if the Secretary has entered into an agree8 ment under section 304, a statement by the Marine 

9 Debris Foundation that describes the activities car10 ried out by the Marine Debris Foundation relating 

11 to the duties described in section 303; and 

12 (3) a statement by 1 or more of the judges ap13 pointed under section 305 that explains the basis on 

14 which the winner of the cash prize was selected. 

15 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AUTHORIZATION.—There are authorized to be ap17 propriated such sums as may be necessary for expenses, 

18 including administrative expenses, relating to the prize 

19 competition. 

20 (b) REIMBURSEMENT OF EXPENSES.—Members of 

21 the Committee and judges appointed under section 305 

22 shall serve without pay, but may be reimbursed for the 

23 actual and necessary traveling and subsistence expenses. 


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1 SEC. 308. TERMINATION OF AUTHORITY. 

2 The prize program will terminate after 5 prize com3 petition cycles have been completed. 

4 TITLE IV—OTHER MEASURES 

5 RELATING TO COMBATING 

6 MARINE DEBRIS 

7 SEC. 401. PRIORITIZATION OF MARINE DEBRIS IN EXISTING 

8 INNOVATION AND ENTREPRENEURSHIP PRO9 GRAMS. 

10 The Secretary of Commerce, the Secretary of Energy, 

11 the EPA Administrator, and the heads of other relevant 

12 Federal agencies, shall prioritize efforts to combat marine 

13 debris in innovation and entrepreneurship programs estab14 lished before the date of the enactment of this Act, includ15 ing by using such programs to increase innovation in and 

16 the effectiveness of post-consumer materials management, 

17 monitoring, detection, and data-sharing related to the 

18 prevalence and location of marine debris, demand for recy19 cled content, alternative uses for plastic waste, product de20 sign, reduction of disposable plastic consumer products 

21 and packaging, ocean biodegradable materials develop22 ment, waste prevention, and cleanup. 

23 SEC. 402. EXPANSION OF DERELICT VESSEL RECYCLING. 

24 Not later than 1 year after the date of the enactment 

25 of this Act, the Under Secretary and the EPA Adminis26 trator shall jointly conduct a study to determine the feasiVerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364

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1 bility of developing a nationwide derelict vessel recycling 

2 program— 

3 (1) using as a model the fiberglass boat recy4 cling program from the pilot project in Rhode Island 

5 led by Rhode Island Sea Grant and its partners; and 

6 (2) including, if possible, recycling of vessels 

7 made from materials other than fiberglass. 

8 SEC. 403. INCENTIVE FOR FISHERMEN TO COLLECT AND 

9 DISPOSE OF PLASTIC FOUND AT SEA. 

10 (a) IN GENERAL.—The Under Secretary shall estab11 lish a pilot program to assess the feasibility and advis12 ability of providing incentives, such as grants, to fisher13 men based in the United States who incidentally capture 

14 marine debris while at sea— 

15 (1) to track or keep the debris on board; and 

16 (2) to dispose of the debris properly on land. 

17 (b) SUPPORT FOR COLLECTION AND REMOVAL OF

18 DERELICT GEAR.—The Under Secretary shall encourage 

19 United States efforts, such as the Fishing for Energy net 

20 disposal program, that support— 

21 (1) collection and removal of derelict fishing 

22 gear and other fishing waste; 

23 (2) disposal or recycling of such gear and 

24 waste; and 

25 (3) prevention of the loss of such gear. 


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1 SEC. 404. AMENDMENTS TO MARINE DEBRIS PROGRAM. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 9(a) of the Marine Debris Act (33 U.S.C. 1958(a)) is 

4 amended by— 

5 (1) striking ‘‘$10,000,000’’ and inserting 

6 ‘‘$15,000,000’’; and 

7 (2) striking ‘‘5 percent’’ and inserting ‘‘7 per8 cent’’. 

9 (b) ENHANCEMENT OF PURPOSE.—Section 2 of the 

10 Marine Debris Act (33 U.S.C. 1951) is amended by strik11 ing ‘‘marine environment,’’ and inserting ‘‘marine environ12 ment (including waters in the jurisdiction of the United 

13 States, the high seas, and waters in the jurisdiction of 

14 other countries),’’. 

15 (c) TECHNICAL CORRECTIONS.—Section 3(d)(2) of 

16 the Marine Debris Act (33 U.S.C. 1952(d)(2)) is amend17 ed— 

18 (1) in subparagraph (B), by striking ‘‘the 

19 matching requirement under subparagraph (A)’’ and 

20 inserting ‘‘a matching requirement under subpara21 graph (A) or (C)’’; and 

22 (2) in subparagraph (C), in the matter pre23 ceding clause (i), by striking ‘‘Notwithstanding sub24 paragraph (A)’’ and inserting ‘‘Notwithstanding sub25 paragraph (A) and except as provided in subpara26 graph (B)’’. 


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1 SEC. 405. MARINE DEBRIS ON NATIONAL FOREST SYSTEM 

2 LAND. 

3 (a) SPECIAL-USE AUTHORIZATION.—The Secretary 

4 of Agriculture (referred to in this section as the ‘‘Sec5 retary’’) shall not require a volunteer organization to ob6 tain a special-use authorization for the removal of any ma7 rine debris being stored on National Forest System land. 

8 (b) TEMPORARY STORAGE.—Marine debris may be 

9 stored on National Forest System land in a location deter10 mined by the Secretary for not more than 60 days. 

11 (c) REQUIREMENTS.—Except as otherwise provided 

12 in this section, any activities related to the removal of ma13 rine debris from National Forest System land shall be con14 ducted in a manner consistent with applicable law and reg15 ulations and subject to such reasonable terms and condi16 tions as the Secretary may require. 

17 TITLE V—STUDIES AND 

18 REPORTS 

19 SEC. 501. REPORT ON OPPORTUNITIES FOR INNOVATIVE 

20 USES OF PLASTIC WASTE. 

21 Not later than 2 years after the date of the enact22 ment of this Act, the Marine Debris Coordinating Com23 mittee established under section 5 of the Marine Debris 

24 Act (33 U.S.C. 1954) (in this title referred to as the 

25 ‘‘Interagency Marine Debris Coordinating Committee’’) 


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1 shall submit to Congress a report on innovative uses for 

2 plastic waste other than in infrastructure. 

3 SEC. 502. REPORT ON MICROFIBER POLLUTION. 

4 Not later than 2 years after the date of the enact5 ment of this Act, the Interagency Marine Debris Coordi6 nating Committee shall submit to Congress a report on 

7 microfiber pollution that includes— 

8 (1) a definition for ‘‘microfiber’’; 

9 (2) an assessment of the sources, prevalence, 

10 and causes of microfiber pollution; 

11 (3) a recommendation for a standardized meth12 odology to measure and estimate the prevalence of 

13 microfiber pollution; 

14 (4) recommendations for reducing microfiber 

15 pollution; and 

16 (5) a plan for how Federal agencies, in partner17 ship with other stakeholders, can lead on opportuni18 ties to reduce microfiber pollution during the 5-year 

19 period beginning on such date of enactment. 

20 SEC. 503. STUDY ON UNITED STATES PLASTIC POLLUTION 

21 DATA. 

22 (a) IN GENERAL.—The Under Secretary, in consulta23 tion with the EPA Administrator, shall seek to enter into 

24 an arrangement with the National Academies of Sciences, 

25 Engineering, and Medicine under which the National 


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1 Academies will undertake a multifaceted study that in2 cludes the following: 

3 (1) An evaluation of United States contribu4 tions to global ocean plastic waste, including types, 

5 sources, and geographic variations. 

6 (2) An assessment of the prevalence of marine 

7 debris and mismanaged plastic waste in saltwater 

8 and freshwater United States waterways. 

9 (b) REPORT.—Not later than 18 months after the 

10 date of the enactment of this Act, the Under Secretary 

11 shall submit to Congress a report on the study conducted 

12 under subsection (a) that includes— 

13 (1) the findings of the National Academies; 

14 (2) recommendations on knowledge gaps that 

15 warrant further scientific inquiry; and 

16 (3) recommendations on the potential value of 

17 a national marine debris tracking and monitoring 

18 system and how such a system might be designed 

19 and implemented. 

20 SEC. 504. REPORT ON MINIMIZING THE CREATION OF NEW 

21 PLASTIC WASTE. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Interagency Marine Debris Coordi24 nating Committee shall submit to Congress a report on 

25 minimizing the creation of new plastic waste. 


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1 SEC. 505. STUDY ON MASS BALANCE METHODOLOGIES TO 

2 CERTIFY CIRCULAR POLYMERS. 

3 (a) IN GENERAL.—The National Institute of Stand4 ards and Technology shall conduct a study of available 

5 mass balance methodologies that are or could be readily 

6 standardized to certify circular polymers. 

7 (b) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Institute shall submit to Con9 gress a report on the study conducted under subsection 

10 (a) that includes— 

11 (1) an identification and assessment of existing 

12 mass balance methodologies, standards, and certifi13 cation systems that are or may be applicable to sup14 ply chain sustainability of polymers, considering the 

15 full life cycle of the polymer, and including an exam16 ination of— 

17 (A) the International Sustainability and 

18 Carbon Certification; and 

19 (B) the Roundtable on Sustainable Bio20 materials; and 

21 (2) an assessment of any legal or regulatory 

22 barriers to developing a standard and certification 

23 system for circular polymers. 

24 (c) DEFINITIONS.—In this section: 

25 (1) CIRCULAR POLYMERS.—The term ‘‘circular 

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1 tiple times or converted into a new, higher-quality 

2 product. 

3 (2) MASS BALANCE METHODOLOGY.—The term 

4 ‘‘mass balance methodology’’ means the method of 

5 chain of custody accounting designed to track the 

6 exact total amount of certain content in products or 

7 materials through the production system and to en8 sure an appropriate allocation of this content in the 

9 finished goods based on auditable bookkeeping. 

Æ 


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