(6) 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. 
(7) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization that 
is described in section 501(c) of the Internal Rev-
enue Code of 1986 and exempt from tax under sec-
tion 501(a) of such Code. 
(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 
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for Oceans and Atmosphere and Administrator of 
the National Oceanic and Atmospheric Administra-
tion. 
(10) WASTE MANAGEMENT.—The term ‘‘waste 
management’’ means the systems, operation, super-
vision, and aftercare of processes and equipment 
used for waste— 
(A) collection; 
(B) transport; 
(C) recovery; 
(D) reuse; 
(E) recycling; and 
(F) safe disposal of waste when recovery, 
reuse, or recycling are not otherwise available. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) eliminating plastic waste from the oceans 
requires a multi-faceted approach, including waste 
reduction and prevention, reuse and recycling, and 
innovation; 
(2) both domestic and international efforts are 
required to make progress in combating marine de-
bris; 
(3) efforts by States, communities, and corpora-
tions to minimize the use of single-use plastic prod-
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ucts have been successful in raising awareness of the 
marine debris issue; and 
(4) while we make progress toward a more sus-
tainable future, we must recognize that there is sig-
nificant amount of plastic waste that has already 
been created that must be prevented from entering 
the oceans through recycling, reuse, repurposing, 
and other innovative means. 
TITLE I—ENHANCING THE DO-
MESTIC MARINE DEBRIS RE-
SPONSE 
Subtitle A—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 estab-
lished 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.— 
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‘‘(1) IN GENERAL.—Amounts in the Marine De-
bris 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, terri-
tories, Tribes, and other United States Govern-
ment and nongovernmental organizations sup-
porting prevention, cleanup, and response ef-
forts; or 
‘‘(C) administrative costs relating to dis-
tributing amounts from the 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 con-
tainer spills, that have immediate or long-term 
impacts on habitats with high ecological, eco-
nomic, or human-use values; or 
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‘‘(C) marine debris caused by an inten-
tional 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 Trust Fund after the pay-
ment will not be less than $1,000,000. 
‘‘(3) MAXIMUM BALANCE.—Amounts in the Ma-
rine 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 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 
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necessary to carry out the purposes of the Trust 
Fund. 
‘‘(2) LIMITATION ON AMOUNT OUTSTANDING.— 
The maximum aggregate amount of repayable ad-
vances 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 
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 be-
fore that date. 
‘‘(C) RATE OF INTEREST.—Interest on ad-
vances made pursuant to this subsection shall 
be— 
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‘‘(i) at a rate determined by the Sec-
retary 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 out-
standing marketable obligations of the 
United States with remaining periods to 
maturity comparable to the anticipated pe-
riod during which the advance will be out-
standing, and 
‘‘(ii) compounded annually. 
‘‘(f) AVAILABILITY OF FUNDS.—Amounts in the Ma-
rine 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 cur-
rent withdrawals. Interest earned by such investments 
shall be credited to, and become a part of, the Trust Fund. 
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‘‘(h) ADMINISTRATION.—The Under Secretary of 
Commerce for Oceans and Atmosphere shall prescribe reg-
ulations— 
‘‘(1) providing for a process for submitting a 
claim to the Marine Debris Response Trust Fund 
and for distributing amounts from the Trust Fund 
pursuant to those claims; and 
‘‘(2) providing guidance with respect to what 
constitutes an event for which amounts will be dis-
tributed from the 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 Trust Fund. 
‘‘(2) ORDER IN WHICH UNPAID CLAIMS ARE TO 
BE PAID.—If at any time the Marine Debris Re-
sponse Trust Fund has insufficient funds to pay all 
of the claims out of the 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.— 
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‘‘(1) IN GENERAL.—A gift, award, devise, or 
bequest, and non-Federal amounts from legal judg-
ments 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 Trust 
Fund. 
‘‘(2) FOREIGN GIFTS.—Any gifts, awards, de-
vises, or bequests given to or received from a person 
in a foreign country by or to the Marine Debris Re-
sponse Trust Fund shall be made only with the con-
currence 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.’’. 
Subtitle B—Marine Debris 
Foundation 
SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDA-
TION. 
(a) ESTABLISHMENT.—There is established the Ma-
rine Debris Foundation (in this subtitle referred to as the 
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‘‘Foundation’’). The Foundation is a charitable and non-
profit 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 Oce-
anic and Atmospheric Administration under the Ma-
rine 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 activi-
ties as will further the efforts of the National Oce-
anic and Atmospheric Administration to assess, pre-
vent, 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 govern-
ments, entities, and individuals in undertaking and 
conducting activities to assess, prevent, reduce, and 
remove marine debris and address the adverse im-
pacts of marine debris and its root causes on the 
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economy of the United States, the marine environ-
ment (including waters in the jurisdiction of the 
United States, the high seas, and waters in the ju-
risdiction of other countries), and navigation safety; 
and 
(4) to support other Federal actions to reduce 
marine debris. 
SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. 
(a) ESTABLISHMENT AND MEMBERSHIP.— 
(1) IN GENERAL.—The Foundation shall have a 
governing Board of Directors (in this subtitle re-
ferred to as the ‘‘Board’’), which shall consist of the 
Under Secretary and 12 additional Directors ap-
pointed 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.— 
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(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 Bu-
reau of Oceans and International Environmental and 
Scientific Affairs, and the Administrator of the 
United States Agency for International Develop-
ment, and considering the recommendations sub-
mitted by the Board, the Under Secretary shall ap-
point 12 Directors who meet the criteria established 
by subsection (a), of whom— 
(A) at least 4 shall be educated or experi-
enced in the assessment, prevention, reduction, 
or removal of marine debris, which may include 
an individual with expertise in waste manage-
ment, recycling, reuse, or a circular economy; 
(B) at least 2 shall be educated or experi-
enced in the assessment, prevention, reduction, 
or removal of marine debris outside the United 
States; 
(C) at least 2 shall be educated or experi-
enced in ocean and coastal resource conserva-
tion science or policy; and 
(D) at least 2 shall be educated or experi-
enced in international trade or foreign policy. 
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(2) TERMS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), each Director (other than the Under 
Secretary) shall be appointed for a term of 6 
years. 
(B) INITIAL APPOINTMENTS TO NEW MEM-
BER 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) four Directors for a term of 6 
years; 
(ii) four Directors for a term of 4 
years; and 
(iii) four 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 UN-
EXPIRED 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. 
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(4) REAPPOINTMENT.—An individual (other 
than an individual described in paragraph (1)) shall 
not serve more than 2 consecutive terms as a Direc-
tor, 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 Direc-
tor 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 
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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 ex-
penses 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 subtitle; and 
(C) undertaking of other such acts as may 
be necessary to carry out the provisions of this 
subtitle. 
(2) LIMITATIONS ON APPOINTMENT.—The fol-
lowing limitations apply with respect to the appoint-
ment of officers and employees of the Foundation: 
(A) Officers and employees may not be ap-
pointed until the Foundation has sufficient 
funds to pay them for their service. Officers 
and employees of the Foundation shall be ap-
pointed without regard to the provisions of title 
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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 experi-
enced in matters relating to the assess-
ment, prevention, reduction, and removal 
of marine debris. 
SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 
(a) IN GENERAL.—The Foundation— 
(1) shall have perpetual succession; 
(2) may conduct business throughout the sev-
eral States, territories, and possessions of the 
United States and abroad; 
(3) shall have its principal offices in the Dis-
trict of Columbia or in a county in the State of 
Maryland or Virginia that borders on the District of 
Columbia; and 
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(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 sub-
section (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 111, the Foundation shall have, in ad-
dition to the powers otherwise given it under this 
subtitle, the usual powers of a corporation acting as 
a trustee in the District of Columbia, including the 
power— 
(A) to accept, receive, solicit, hold, admin-
ister, and use any gift, devise, or bequest, either 
absolutely or in trust, of real or personal prop-
erty or any income therefrom or other interest 
therein; 
(B) to acquire by purchase or exchange 
any real or personal property or interest there-
in; 
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