[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.
                                 <all>