[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 239
116th CONGRESS
  1st Session
                                S. 2372

  To enhance global engagement to combat marine debris, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

 Mr. Menendez (for himself, Mr. Sullivan, Mr. Whitehouse, Ms. Collins, 
  Mr. Booker, Mr. Coons, Mr. Murphy, Mr. Blumenthal, Mr. Merkley, Mr. 
  Cardin, Mrs. Shaheen, and Mr. Cruz) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                           September 26, 2019

                Reported by Mr. Risch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To enhance global engagement to combat marine debris, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE; DEFINITIONS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Save Our 
Seas 2.0: Enhanced Global Engagement to Combat Marine Debris 
Act''.</DELETED>
<DELETED>    (b) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) Circular economy.--The term ``circular 
        economy'' means an economy that uses a systems-focused approach 
        and involves industrial processes and economic activities 
        that--</DELETED>
                <DELETED>    (A) are restorative or regenerative by 
                design;</DELETED>
                <DELETED>    (B) enable resources used in such 
                processes and activities to maintain their highest 
                values for as long as possible; and</DELETED>
                <DELETED>    (C) aim for the elimination of waste 
                through the superior design of materials, products, and 
                systems (including business models).</DELETED>
        <DELETED>    (2) EPA administrator.--The term ``EPA 
        Administrator'' means the Administrator of the Environmental 
        Protection Agency.</DELETED>
        <DELETED>    (3) 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).</DELETED>
        <DELETED>    (4) Marine debris event.--The term ``marine debris 
        event'' means an event or related events that affects or may 
        imminently affect the United States involving--</DELETED>
                <DELETED>    (A) marine debris caused by a natural 
                event, including a tsunami, flood, landslide, 
                hurricane, or other natural source;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) marine debris caused by an intentional 
                or grossly negligent act or acts that causes 
                substantial economic or environmental harm.</DELETED>
        <DELETED>    (5) Post-consumer materials management.--The term 
        ``post-consumer materials management'' means the systems, 
        operation, supervision, and aftercare of processes and 
        equipment for post-consumer materials, including --</DELETED>
                <DELETED>    (A) collection;</DELETED>
                <DELETED>    (B) transport;</DELETED>
                <DELETED>    (C) safe disposal of waste, such as post-
                consumer materials that cannot be recovered, reused, 
                recycled, repaired, or refurbished; and</DELETED>
                <DELETED>    (D) systems and processes related to 
                recovering, recycling, reusing, repairing, or 
                refurbishing post-consumer materials.</DELETED>
        <DELETED>    (6) 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.</DELETED>

<DELETED>SEC. 2. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO 
              COMBAT MARINE DEBRIS.</DELETED>

<DELETED>    It is the policy of the United States to partner, consult, 
and coordinate with foreign governments (at the national and 
subnational levels), civil society, international organizations, 
international financial institutions, subnational coastal communities, 
commercial and recreational fishing industry leaders, and the private 
sector, in a concerted effort--</DELETED>
        <DELETED>    (1) to increase knowledge and raise awareness 
        about--</DELETED>
                <DELETED>    (A) the linkages between the sources of 
                plastic waste, mismanaged waste and post-consumer 
                materials, and marine debris; and</DELETED>
                <DELETED>    (B) the upstream and downstream causes and 
                effects of plastic waste, mismanaged waste and post-
                consumer materials, and marine debris on marine 
                environments, marine wildlife, human health, and 
                economic development;</DELETED>
        <DELETED>    (2) to support--</DELETED>
                <DELETED>    (A) strengthening systems for recovering, 
                managing, reusing (to the extent practicable), and 
                recycling plastic waste, marine debris, and microfiber 
                pollution in the world's oceans, emphasizing upstream 
                post-consumer materials management solutions--
                </DELETED>
                        <DELETED>    (i) to mitigate plastic waste at 
                        its source; and</DELETED>
                        <DELETED>    (ii) to prevent leakage of plastic 
                        waste into the environment;</DELETED>
                <DELETED>    (B) advancing the utilization and 
                availability of safe and affordable reusable 
                alternatives to disposable plastic products in 
                commerce, to the extent practicable, and with 
                consideration for the potential impacts of such 
                alternatives, and other efforts to prevent marine 
                debris;</DELETED>
                <DELETED>    (C) deployment of and access to advanced 
                technologies to capture value from post-consumer 
                materials and municipal solid waste streams through 
                mechanical and other recycling systems;</DELETED>
                <DELETED>    (D) access to information on best 
                practices in post-consumer materials management, 
                options for post-consumer materials management systems 
                financing, and options for participating in public-
                private partnerships; and</DELETED>
                <DELETED>    (E) implementation of management measures 
                to reduce derelict fishing gear, the loss of fishing 
                gear, and other sources of pollution generated from 
                marine activities and to increase proper disposal and 
                recycling of fishing gear; and</DELETED>
        <DELETED>    (3) to work cooperatively with international 
        partners--</DELETED>
                <DELETED>    (A) on establishing--</DELETED>
                        <DELETED>    (i) measurable targets for 
                        reducing marine debris, lost fishing gear, and 
                        plastic waste from all sources; and</DELETED>
                        <DELETED>    (ii) action plans to achieve those 
                        targets with a mechanism to provide regular 
                        reporting;</DELETED>
                <DELETED>    (B) to promote consumer education, 
                awareness, and outreach to prevent marine 
                debris;</DELETED>
                <DELETED>    (C) to reduce marine debris by improving 
                advance planning for marine debris events and responses 
                to such events; and</DELETED>
                <DELETED>    (D) to share best practices in post-
                consumer materials management systems to prevent the 
                entry of plastic waste into the environment.</DELETED>

<DELETED>SEC. 3. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT 
              MARINE DEBRIS AND IMPROVE PLASTIC WASTE 
              MANAGEMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall, in 
coordination with the Administrator of the United States Agency for 
International Development, as appropriate, and the officials specified 
in subsection (b)--</DELETED>
        <DELETED>    (1) lead and coordinate efforts to implement the 
        policy described in section 2; and</DELETED>
        <DELETED>    (2) develop strategies and implement programs that 
        prioritize engagement and cooperation with foreign governments, 
        subnational and local stakeholders, and the private sector to 
        expedite efforts and assistance in foreign countries--
        </DELETED>
                <DELETED>    (A) to partner with, encourage, advise and 
                facilitate national and subnational governments on the 
                development and execution, where practicable, of 
                national projects, programs and initiatives to--
                </DELETED>
                        <DELETED>    (i) improve the capacity, 
                        security, and standards of operations of post-
                        consumer materials management 
                        systems;</DELETED>
                        <DELETED>    (ii) monitor and track how well 
                        post-consumer materials management systems are 
                        functioning nationwide, based on uniform and 
                        transparent standards developed in cooperation 
                        with municipal, industrial, and civil society 
                        stakeholders;</DELETED>
                        <DELETED>    (iii) identify the operational 
                        challenges of post-consumer materials 
                        management systems and develop policy and 
                        programmatic solutions;</DELETED>
                        <DELETED>    (iv) end intentional or 
                        unintentional incentives for municipalities, 
                        industries, and individuals to improperly 
                        dispose of plastic waste; and</DELETED>
                        <DELETED>    (v) conduct outreach campaigns to 
                        raise public awareness of the importance of 
                        proper waste disposal;</DELETED>
                <DELETED>    (B) to facilitate the involvement of 
                municipalities and industries in improving solid waste 
                reduction, collection, disposal, and reuse and 
                recycling projects, programs, and 
                initiatives;</DELETED>
                <DELETED>    (C) to partner with and provide technical 
                assistance to investors, and national and local 
                institutions, including private sector actors, to 
                develop new business opportunities and solutions to 
                specifically reduce plastic waste and expand solid 
                waste and post-consumer materials management best 
                practices in foreign countries by--</DELETED>
                        <DELETED>    (i) maximizing the number of 
                        people and businesses, in both rural and urban 
                        communities, receiving reliable solid waste and 
                        post-consumer materials management 
                        services;</DELETED>
                        <DELETED>    (ii) improving and expanding the 
                        capacity of foreign industries to responsibly 
                        employ post-consumer materials management 
                        practices;</DELETED>
                        <DELETED>    (iii) improving and expanding the 
                        capacity and transparency of tracking 
                        mechanisms for marine debris to reduce the 
                        impacts on the marine environment;</DELETED>
                        <DELETED>    (iv) eliminating incentives that 
                        undermine responsible post-consumer materials 
                        management practices and lead to improper waste 
                        disposal practices and leakage;</DELETED>
                        <DELETED>    (v) building the capacity of 
                        countries--</DELETED>
                                <DELETED>    (I) to monitor, regulate, 
                                and manage waste, post-consumer 
                                materials and plastic waste, and 
                                pollution appropriately and 
                                transparently;</DELETED>
                                <DELETED>    (II) to encourage private 
                                investment in post-consumer materials 
                                management; and</DELETED>
                                <DELETED>    (III) to encourage private 
                                investment, grow opportunities, and 
                                develop markets for recyclable, 
                                reusable, and repurposed plastic waste 
                                and post-consumer materials, and 
                                products with high levels of recycled 
                                plastic content, at both national and 
                                local levels; and</DELETED>
                        <DELETED>    (vi) promoting safe and affordable 
                        reusable alternatives to disposable plastic 
                        products, to the extent practicable; 
                        and</DELETED>
                <DELETED>    (D) to research, identify, and facilitate 
                opportunities to promote collection and proper disposal 
                of damaged or derelict fishing gear.</DELETED>
<DELETED>    (b) Officials Specified.--The officials specified in this 
subsection are the following:</DELETED>
        <DELETED>    (1) The United States Trade 
        Representative.</DELETED>
        <DELETED>    (2) The Under Secretary.</DELETED>
        <DELETED>    (3) The EPA Administrator.</DELETED>
        <DELETED>    (4) The Director of the Trade and Development 
        Agency.</DELETED>
        <DELETED>    (5) The President and the Board of Directors of 
        the Overseas Private Investment Corporation or the Chief 
        Executive Officer and the Board of Directors of the United 
        States International Development Finance Corporation, as 
        appropriate.</DELETED>
        <DELETED>    (6) The Chief Executive Officer and the Board of 
        Directors of the Millennium Challenge Corporation.</DELETED>
        <DELETED>    (7) The heads of such other agencies as the 
        Secretary of State considers appropriate.</DELETED>
<DELETED>    (c) Prioritization.--In carrying out subsection (a), the 
officials specified in subsection (b) shall prioritize assistance to 
countries with--</DELETED>
        <DELETED>    (1) rapidly developing economies; and</DELETED>
        <DELETED>    (2) rivers and coastal areas that are the most 
        severe sources of marine debris.</DELETED>
<DELETED>    (d) Effectiveness Measurement.--In prioritizing and 
expediting efforts and assistance under this section, the officials 
specified in subsection (b) shall use clear, accountable, and metric-
based targets to measure the effectiveness of guarantees and assistance 
in achieving the policy described in section 2.</DELETED>
<DELETED>    (e) Rule of Construction.--Nothing in this section may be 
construed to authorize the modification of or the imposition of limits 
on the portfolios of any agency or institution led by an official 
specified in subsection (b).</DELETED>

<DELETED>SEC. 4. UNITED STATES LEADERSHIP IN INTERNATIONAL 
              FORA.</DELETED>

<DELETED>    In implementing the policy described in section 2, the 
President shall direct the United States representatives to appropriate 
international bodies and conferences (such as the United Nations 
Environment Programme, the Association of Southeast Asian Nations, the 
Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, and 
the Our Ocean Conference) to use the voice, vote, and influence of the 
United States, consistent with the broad foreign policy goals of the 
United States, to advocate that each such body--</DELETED>
        <DELETED>    (1) commit to significantly increasing efforts to 
        promote investment in well-designed post-consumer materials 
        management and plastic waste elimination and mitigation 
        projects and services that increase access to safe post-
        consumer materials management and mitigation services, in 
        partnership with the private sector and consistent with the 
        constraints of other countries;</DELETED>
        <DELETED>    (2) address the post-consumer materials management 
        needs of individuals and communities where access to municipal 
        post-consumer materials management services is historically 
        impractical or cost-prohibitive;</DELETED>
        <DELETED>    (3) enhance coordination with the private sector--
        </DELETED>
                <DELETED>    (A) to increase access to solid waste and 
                post-consumer materials management services;</DELETED>
                <DELETED>    (B) to utilize safe and affordable 
                reusable alternatives to disposable plastic products, 
                to the extent practicable;</DELETED>
                <DELETED>    (C) to encourage and incentivize the use 
                of recycled content; and</DELETED>
                <DELETED>    (D) to grow economic opportunities and 
                develop markets for recyclable, reusable, and 
                repurposed plastic waste materials and other efforts 
                that support the circular economy;</DELETED>
        <DELETED>    (4) provide technical assistance to foreign 
        regulatory authorities and governments to remove unnecessary 
        barriers to investment in otherwise commercially viable 
        projects related to--</DELETED>
                <DELETED>    (A) post-consumer materials 
                management;</DELETED>
                <DELETED>    (B) the use of safe and affordable 
                reusable alternatives to disposable plastic products, 
                to the extent practicable; or</DELETED>
                <DELETED>    (C) beneficial reuse of solid waste, 
                plastic waste, post-consumer materials, plastic 
                products, and refuse;</DELETED>
        <DELETED>    (5) use clear, accountable, and metric-based 
        targets to measure the effectiveness of such projects; 
        and</DELETED>
        <DELETED>    (6) engage international partners in an existing 
        multilateral forum (or, if necessary, establish through an 
        international agreement a new multilateral forum) to improve 
        global cooperation on--</DELETED>
                <DELETED>    (A) creating tangible metrics for 
                evaluating efforts to reduce plastic waste and marine 
                debris;</DELETED>
                <DELETED>    (B) developing and implementing best 
                practices for collecting, disposing, recycling, and 
                reusing plastic waste and post-consumer materials, 
                including building capacity for improving post-consumer 
                materials management at the national and subnational 
                levels of foreign countries, particularly countries 
                with little to no solid waste or post-consumer 
                materials management systems, facilities, or policies 
                in place;</DELETED>
                <DELETED>    (C) encouraging the development of 
                standards and practices, and increasing recycled 
                content percentage requirements for disposable plastic 
                products;</DELETED>
                <DELETED>    (D) integrating tracking and monitoring 
                systems into post-consumer materials management 
                systems;</DELETED>
                <DELETED>    (E) fostering research to improve 
                scientific understanding of--</DELETED>
                        <DELETED>    (i) how microfibers and 
                        microplastics may affect marine ecosystems, 
                        human health and safety, and maritime 
                        activities;</DELETED>
                        <DELETED>    (ii) changes in the amount and 
                        regional concentrations of plastic waste in the 
                        ocean, based on scientific modeling and 
                        forecasting;</DELETED>
                        <DELETED>    (iii) the role rivers, streams, 
                        and other inland waterways play in serving as 
                        conduits for mismanaged waste traveling from 
                        land to the ocean;</DELETED>
                        <DELETED>    (iv) effective means to eliminate 
                        present and future leakages of plastic waste 
                        into the environment; and</DELETED>
                        <DELETED>    (v) other related areas of 
                        research the United States representatives deem 
                        necessary;</DELETED>
                <DELETED>    (F) encouraging the World Bank and other 
                international finance organizations to prioritize 
                efforts to combat marine debris;</DELETED>
                <DELETED>    (G) collaborating on technological 
                advances in post-consumer materials management and 
                recycled plastics;</DELETED>
                <DELETED>    (H) growing economic opportunities and 
                developing markets for recyclable, reusable, and 
                repurposed plastic waste and post-consumer materials 
                and other efforts that support the circular economy; 
                and</DELETED>
                <DELETED>    (I) advising foreign countries, at both 
                the national and subnational levels, on the development 
                and execution of regulatory policies, services, 
                including recycling and reuse of plastic, and laws 
                pertaining to reducing the creation and the collection 
                and safe management of--</DELETED>
                        <DELETED>    (i) solid waste;</DELETED>
                        <DELETED>    (ii) post-consumer 
                        materials;</DELETED>
                        <DELETED>    (iii) plastic waste; and</DELETED>
                        <DELETED>    (iv) marine debris.</DELETED>

<DELETED>SEC. 5. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF 
              UNITED STATES AGENCIES INVOLVED IN MARINE DEBRIS 
              ACTIVITIES.</DELETED>

<DELETED>    (a) Findings.--Congress recognizes the success of the 
marine debris program of the National Oceanic and Atmospheric 
Administration and the Trash-Free Waters program of the Environmental 
Protection Agency.</DELETED>
<DELETED>    (b) Authorization of Efforts To Build Foreign 
Partnerships.--The Under Secretary and the EPA Administrator shall work 
with the Secretary of State and the Administrator of the United States 
Agency for International Development to build partnerships, as 
appropriate, with the governments of foreign countries and to support 
international efforts to combat marine debris.</DELETED>

<DELETED>SEC. 6. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS.</DELETED>

<DELETED>    Not later than 1 year after the date of the enactment of 
this Act, the Secretary of State shall submit to Congress a report--
</DELETED>
        <DELETED>    (1) assessing the potential for negotiating new 
        international agreements or creating a new international forum 
        to reduce land-based sources of marine debris and derelict 
        fishing gear, consistent with section 4;</DELETED>
        <DELETED>    (2) describing the provisions that could be 
        included in such agreements; and</DELETED>
        <DELETED>    (3) assessing potential parties to such 
        agreements.</DELETED>

<DELETED>SEC. 7. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING 
              INTERNATIONAL AGREEMENTS.</DELETED>

<DELETED>    In negotiating any relevant international agreement with 
any country or countries after the date of the enactment of this Act, 
the President shall, as appropriate--</DELETED>
        <DELETED>    (1) consider the impact of land-based sources of 
        plastic waste and other solid waste from that country on the 
        marine and aquatic environment; and</DELETED>
        <DELETED>    (2) ensure that the agreement strengthens efforts 
        to eliminate land-based sources of plastic waste and other 
        solid waste from that country that impact the marine and 
        aquatic environment.</DELETED>

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0: 
Enhanced Global Engagement to Combat Marine Debris Act''.
    (b) 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) 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).
            (4) Marine debris event.--The term ``marine debris event'' 
        means an event or related events that affects or may imminently 
        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.
            (5) Post-consumer materials management.--The term ``post-
        consumer materials management'' means the systems, operation, 
        supervision, and aftercare of processes and equipment for post-
        consumer materials, including --
                    (A) collection;
                    (B) transport;
                    (C) safe disposal of waste, such as post-consumer 
                materials that cannot be recovered, reused, recycled, 
                repaired, or refurbished; and
                    (D) systems and processes related to recovering, 
                recycling, reusing, repairing, or refurbishing post-
                consumer materials.
            (6) 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.

SEC. 2. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT 
              MARINE DEBRIS.

    It is the policy of the United States to partner, consult, and 
coordinate with foreign governments (at the national and subnational 
levels), civil society, international organizations, international 
financial institutions, subnational coastal communities, commercial and 
recreational fishing industry leaders, and the private sector, in a 
concerted effort--
            (1) to increase knowledge and raise awareness about--
                    (A) the linkages between the sources of plastic 
                waste, mismanaged waste and post-consumer materials, 
                and marine debris; and
                    (B) the upstream and downstream causes and effects 
                of plastic waste, mismanaged waste and post-consumer 
                materials, and marine debris on marine environments, 
                marine wildlife, human health, and economic 
                development;
            (2) to support--
                    (A) strengthening systems for recovering, managing, 
                reusing (to the extent practicable), and recycling 
                plastic waste, marine debris, and microfiber pollution 
                in the world's oceans, emphasizing upstream post-
                consumer materials management solutions--
                            (i) to mitigate plastic waste at its 
                        source; and
                            (ii) to prevent leakage of plastic waste 
                        into the environment;
                    (B) advancing the utilization and availability of 
                safe and affordable reusable alternatives to disposable 
                plastic products in commerce, to the extent 
                practicable, and with consideration for the potential 
                impacts of such alternatives, and other efforts to 
                prevent marine debris;
                    (C) deployment of and access to advanced 
                technologies to capture value from post-consumer 
                materials and municipal solid waste streams through 
                mechanical and other recycling systems;
                    (D) access to information on best practices in 
                post-consumer materials management, options for post-
                consumer materials management systems financing, and 
                options for participating in public-private 
                partnerships; and
                    (E) implementation of management measures to reduce 
                derelict fishing gear, the loss of fishing gear, and 
                other sources of pollution generated from marine 
                activities and to increase proper disposal and 
                recycling of fishing gear; and
            (3) to work cooperatively with international partners--
                    (A) on establishing--
                            (i) measurable targets for reducing marine 
                        debris, lost fishing gear, and plastic waste 
                        from all sources; and
                            (ii) action plans to achieve those targets 
                        with a mechanism to provide regular reporting;
                    (B) to promote consumer education, awareness, and 
                outreach to prevent marine debris;
                    (C) to reduce marine debris by improving advance 
                planning for marine debris events and responses to such 
                events; and
                    (D) to share best practices in post-consumer 
                materials management systems to prevent the entry of 
                plastic waste into the environment.

SEC. 3. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE 
              DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT.

    (a) In General.--The Secretary of State shall, in coordination with 
the Administrator of the United States Agency for International 
Development, as appropriate, and the officials specified in subsection 
(b)--
            (1) lead and coordinate efforts to implement the policy 
        described in section 2; and
            (2) develop strategies and implement programs that 
        prioritize engagement and cooperation with foreign governments, 
        subnational and local stakeholders, and the private sector to 
        expedite efforts and assistance in foreign countries--
                    (A) to partner with, encourage, advise and 
                facilitate national and subnational governments on the 
                development and execution, where practicable, of 
                national projects, programs and initiatives to--
                            (i) improve the capacity, security, and 
                        standards of operations of post-consumer 
                        materials management systems;
                            (ii) monitor and track how well post-
                        consumer materials management systems are 
                        functioning nationwide, based on uniform and 
                        transparent standards developed in cooperation 
                        with municipal, industrial, and civil society 
                        stakeholders;
                            (iii) identify the operational challenges 
                        of post-consumer materials management systems 
                        and develop policy and programmatic solutions;
                            (iv) end intentional or unintentional 
                        incentives for municipalities, industries, and 
                        individuals to improperly dispose of plastic 
                        waste; and
                            (v) conduct outreach campaigns to raise 
                        public awareness of the importance of proper 
                        waste disposal;
                    (B) to facilitate the involvement of municipalities 
                and industries in improving solid waste reduction, 
                collection, disposal, and reuse and recycling projects, 
                programs, and initiatives;
                    (C) to partner with and provide technical 
                assistance to investors, and national and local 
                institutions, including private sector actors, to 
                develop new business opportunities and solutions to 
                specifically reduce plastic waste and expand solid 
                waste and post-consumer materials management best 
                practices in foreign countries by--
                            (i) maximizing the number of people and 
                        businesses, in both rural and urban 
                        communities, receiving reliable solid waste and 
                        post-consumer materials management services;
                            (ii) improving and expanding the capacity 
                        of foreign industries to responsibly employ 
                        post-consumer materials management practices;
                            (iii) improving and expanding the capacity 
                        and transparency of tracking mechanisms for 
                        marine debris to reduce the impacts on the 
                        marine environment;
                            (iv) eliminating incentives that undermine 
                        responsible post-consumer materials management 
                        practices and lead to improper waste disposal 
                        practices and leakage;
                            (v) building the capacity of countries--
                                    (I) to monitor, regulate, and 
                                manage waste, post-consumer materials 
                                and plastic waste, and pollution 
                                appropriately and transparently, 
                                including imports of plastic waste from 
                                the United States and other countries;
                                    (II) to encourage private 
                                investment in post-consumer materials 
                                management; and
                                    (III) to encourage private 
                                investment, grow opportunities, and 
                                develop markets for recyclable, 
                                reusable, and repurposed plastic waste 
                                and post-consumer materials, and 
                                products with high levels of recycled 
                                plastic content, at both national and 
                                local levels; and
                            (vi) promoting safe and affordable reusable 
                        alternatives to disposable plastic products, to 
                        the extent practicable; and
                    (D) to research, identify, and facilitate 
                opportunities to promote collection and proper disposal 
                of damaged or derelict fishing gear.
    (b) Officials Specified.--The officials specified in this 
subsection are the following:
            (1) The United States Trade Representative.
            (2) The Under Secretary.
            (3) The EPA Administrator.
            (4) The Director of the Trade and Development Agency.
            (5) The President and the Board of Directors of the 
        Overseas Private Investment Corporation or the Chief Executive 
        Officer and the Board of Directors of the United States 
        International Development Finance Corporation, as appropriate.
            (6) The Chief Executive Officer and the Board of Directors 
        of the Millennium Challenge Corporation.
            (7) The heads of such other agencies as the Secretary of 
        State considers appropriate.
    (c) Prioritization.--In carrying out subsection (a), the officials 
specified in subsection (b) shall prioritize assistance to countries 
with, and regional organizations in regions with--
            (1) rapidly developing economies; and
            (2) rivers and coastal areas that are the most severe 
        sources of marine debris, as identified by the best available 
        science.
    (d) Effectiveness Measurement.--In prioritizing and expediting 
efforts and assistance under this section, the officials specified in 
subsection (b) shall use clear, accountable, and metric-based targets 
to measure the effectiveness of guarantees and assistance in achieving 
the policy described in section 2.
    (e) Rule of Construction.--Nothing in this section may be construed 
to authorize the modification of or the imposition of limits on the 
portfolios of any agency or institution led by an official specified in 
subsection (b).

SEC. 4. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA.

    In implementing the policy described in section 2, the President 
shall direct the United States representatives to appropriate 
international bodies and conferences (including the United Nations 
Environment Programme, the Association of Southeast Asian Nations, the 
Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the 
Organization for Economic Co-Operation and Development (OECD), and the 
Our Ocean Conference) to use the voice, vote, and influence of the 
United States, consistent with the broad foreign policy goals of the 
United States, to advocate that each such body--
            (1) commit to significantly increasing efforts to promote 
        investment in well-designed post-consumer materials management 
        and plastic waste elimination and mitigation projects and 
        services that increase access to safe post-consumer materials 
        management and mitigation services, in partnership with the 
        private sector and consistent with the constraints of other 
        countries;
            (2) address the post-consumer materials management needs of 
        individuals and communities where access to municipal post-
        consumer materials management services is historically 
        impractical or cost-prohibitive;
            (3) enhance coordination with the private sector--
                    (A) to increase access to solid waste and post-
                consumer materials management services;
                    (B) to utilize safe and affordable reusable 
                alternatives to disposable plastic products, to the 
                extent practicable;
                    (C) to encourage and incentivize the use of 
                recycled content; and
                    (D) to grow economic opportunities and develop 
                markets for recyclable, reusable, and repurposed 
                plastic waste materials and other efforts that support 
                the circular economy;
            (4) provide technical assistance to foreign regulatory 
        authorities and governments to remove unnecessary barriers to 
        investment in otherwise commercially-viable projects related 
        to--
                    (A) post-consumer materials management;
                    (B) the use of safe and affordable reusable 
                alternatives to disposable plastic products, to the 
                extent practicable; or
                    (C) beneficial reuse of solid waste, plastic waste, 
                post-consumer materials, plastic products, and refuse;
            (5) use clear, accountable, and metric-based targets to 
        measure the effectiveness of such projects; and
            (6) engage international partners in an existing 
        multilateral forum (or, if necessary, establish through an 
        international agreement a new multilateral forum) to improve 
        global cooperation on--
                    (A) creating tangible metrics for evaluating 
                efforts to reduce plastic waste and marine debris;
                    (B) developing and implementing best practices for 
                collecting, disposing, recycling, and reusing plastic 
                waste and post-consumer materials, including building 
                capacity for improving post-consumer materials 
                management at the national and subnational levels of 
                foreign countries, particularly countries with little 
                to no solid waste or post-consumer materials management 
                systems, facilities, or policies in place;
                    (C) encouraging the development of standards and 
                practices, and increasing recycled content percentage 
                requirements for disposable plastic products;
                    (D) integrating tracking and monitoring systems 
                into post-consumer materials management systems;
                    (E) fostering research to improve scientific 
                understanding of--
                            (i) how microfibers and microplastics may 
                        affect marine ecosystems, human health and 
                        safety, and maritime activities;
                            (ii) changes in the amount and regional 
                        concentrations of plastic waste in the ocean, 
                        based on scientific modeling and forecasting;
                            (iii) the role rivers, streams, and other 
                        inland waterways play in serving as conduits 
                        for mismanaged waste traveling from land to the 
                        ocean;
                            (iv) effective means to eliminate present 
                        and future leakages of plastic waste into the 
                        environment; and
                            (v) other related areas of research the 
                        United States representatives deem necessary;
                    (F) encouraging the World Bank and other 
                international finance organizations to prioritize 
                efforts to combat marine debris;
                    (G) collaborating on technological advances in 
                post-consumer materials management and recycled 
                plastics;
                    (H) growing economic opportunities and developing 
                markets for recyclable, reusable, and repurposed 
                plastic waste and post-consumer materials and other 
                efforts that support the circular economy; and
                    (I) advising foreign countries, at both the 
                national and subnational levels, on the development and 
                execution of regulatory policies, services, including 
                recycling and reuse of plastic, and laws pertaining to 
                reducing the creation and the collection and safe 
                management of--
                            (i) solid waste;
                            (ii) post-consumer materials;
                            (iii) plastic waste; and
                            (iv) marine debris.

SEC. 5. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED 
              STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES.

    (a) Findings.--Congress recognizes the success of the marine debris 
program of the National Oceanic and Atmospheric Administration and the 
Trash-Free Waters program of the Environmental Protection Agency.
    (b) Authorization of Efforts To Build Foreign Partnerships.--The 
Under Secretary and the EPA Administrator shall work with the Secretary 
of State and the Administrator of the United States Agency for 
International Development to build partnerships, as appropriate, with 
the governments of foreign countries and to support international 
efforts to combat marine debris.

SEC. 6. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of State shall submit to Congress a report--
            (1) assessing the potential for negotiating new 
        international agreements or creating a new international forum 
        to reduce land-based sources of marine debris and derelict 
        fishing gear, consistent with section 4;
            (2) describing the provisions that could be included in 
        such agreements; and
            (3) assessing potential parties to such agreements.

SEC. 7. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING INTERNATIONAL 
              AGREEMENTS.

    In negotiating any relevant international agreement with any 
country or countries after the date of the enactment of this Act, the 
President shall, as appropriate--
            (1) consider the impact of land-based sources of plastic 
        waste and other solid waste from that country on the marine and 
        aquatic environment; and
            (2) ensure that the agreement strengthens efforts to 
        eliminate land-based sources of plastic waste and other solid 
        waste from that country that impact the marine and aquatic 
        environment.
                                                       Calendar No. 239

116th CONGRESS

  1st Session

                                S. 2372

_______________________________________________________________________

                                 A BILL

  To enhance global engagement to combat marine debris, and for other 
                               purposes.

_______________________________________________________________________

                           September 26, 2019

                       Reported with an amendment