[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5030 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5030

 To provide for negotiations for the establishment or designation of a 
    trust fund administered by the international community for the 
  prevention and reduction of marine debris, including marine plastic 
                   pollution, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2020

 Mr. Coons (for himself, Mr. Graham, Mr. Sullivan, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To provide for negotiations for the establishment or designation of a 
    trust fund administered by the international community for the 
  prevention and reduction of marine debris, including marine plastic 
                   pollution, 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 ``Unify Nations In Trash Elimination 
for our Oceans Act of 2020'' or the ``UNITE for our Oceans Act of 
2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Commerce, Science, and Transportation, and 
                the Committee on Finance of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Natural 
                Resources, and the Committee on Ways and Means of the 
                House of Representatives.
            (2) Marine debris.--The term ``marine debris'' means any 
        persistent solid material that is manufactured or processed and 
        directly or indirectly, intentionally or unintentionally, 
        disposed of or abandoned into the marine environment or the 
        Great Lakes.
            (3) Marine plastic pollution.--The term ``marine plastic 
        pollution'' means any plastic material directly or indirectly 
        discarded, disposed of, or abandoned in the marine or coastal 
        environment, including microplastics.
            (4) Microplastics.--The term ``microplastics'' means small 
        particles or fragments of plastic measuring less than 5 
        millimeters in diameter.
            (5) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of State.

SEC. 3. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) A large portion of the world's population depends on 
        oceans and marine environments for food security and economic 
        livelihoods.
            (2) Marine debris, including marine plastic pollution, is a 
        global problem that directly and indirectly threatens marine 
        habitats and species, economic growth, and human health and 
        safety.
            (3) Each year, billions of pounds of trash and other 
        pollutants enter the ocean, a large proportion of which is 
        plastic.
            (4) The increasing production, consumption, and improper 
        disposal of plastic products, including single-use plastic 
        products, contributes substantially to the issue of marine 
        debris.
            (5) In 2016, the United States generated the largest amount 
        of plastic waste of any country in the world.
            (6) A significant portion of marine debris, including 
        marine plastic pollution, originates from land-based 
        activities, and the movement of such debris has significant 
        impacts on marine environments.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States must improve domestic production, 
        consumption, and end-of-life practices to achieve a 
        comprehensive and sustainable life-cycle system for products;
            (2) it is critical to support and enhance the capacity of 
        countries to manage their waste systems and marine and coastal 
        ecosystems sustainably; and
            (3) international efforts to enhance the control of the 
        transboundary movements of plastic waste, including the Basel 
        Convention on the Control of Transboundary Movements of 
        Hazardous Wastes and their Disposal, adopted by the United 
        Nations March 22, 1989, and ongoing discussions on potential 
        agreements relating to marine debris, provide meaningful 
        frameworks to reduce marine debris, including marine plastic 
        pollution.

SEC. 4. ESTABLISHMENT OR DESIGNATION OF TRUST FUND FOR MARINE DEBRIS 
              AND PLASTIC POLLUTION.

    (a) In General.--The Secretary shall seek to enter into 
negotiations with foreign countries and the United Nations, the 
International Bank for Reconstruction and Development, the Global 
Environment Facility, and other relevant international organizations 
for the purposes of--
            (1) establishing a new trust fund, or designating an 
        existing trust fund, to serve as the ``Trust Fund for Marine 
        Debris and Plastic Pollution'' (in this Act referred to as the 
        ``Trust Fund''); and
            (2) establishing an Advisory Board to the Trust Fund in 
        accordance with section 8.
    (b) Purpose.--The Secretary shall seek, pursuant to negotiations 
described in subsection (a), to require that the Trust Fund use funds 
contributed to the Trust Fund to provide support for activities that--
            (1) prevent and reduce marine debris, including marine 
        plastic pollution; and
            (2) promote sustainable consumption and production of 
        resources.
    (c) Board of Trustees.--
            (1) Composition.--The Secretary shall seek, pursuant to 
        negotiations described in subsection (a), to establish a Board 
        of Trustees for the Trust Fund, to be composed of individuals 
        who--
                    (A) are representatives of the countries that 
                contribute funds to the Trust Fund; and
                    (B) have knowledge or experience in the fields of 
                marine or environmental sciences, marine debris or 
                marine plastic pollution, sustainable consumption and 
                production of resources, international relations, or 
                international funding programs.
            (2) United states representative.--If the Board of Trustees 
        is established pursuant to negotiations described in subsection 
        (a), there shall be a United States member of the Board, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate, from among individuals who have 
        knowledge or experience described in paragraph (1)(B).
    (d) Consultations.--The Secretary shall conduct negotiations 
described in subsection (a) in consultation with the Administrator of 
the United States Agency for International Development, the Secretary 
of Commerce, the Administrator of the Environmental Protection Agency, 
the Secretary of the Interior, the Administrator of the National 
Oceanic and Atmospheric Administration, the United States Trade 
Representative, the Chief Executive Officer of the United States 
International Development Finance Corporation, and the heads of such 
other relevant United States Government agencies as the Secretary 
considers appropriate.

SEC. 5. GRANT AUTHORITIES.

    (a) In General.--The Secretary shall seek, pursuant to negotiations 
described in section 4(a), to provide the Board of Trustees of the 
Trust Fund with authority to provide grants, including grants for 
technical assistance and capacity building, for eligible entities to 
lead and implement effective activities relating to the prevention or 
reduction of, or education or research and development with respect to, 
marine debris, including marine plastic pollution, including with 
respect to the following:
            (1) Preventing debris, including plastics, from entering 
        marine environments.
            (2) Reducing the amount of debris, including plastic 
        pollution, in marine environments.
            (3) Reducing the use and improper disposal of single-use 
        plastics and other materials that pollute marine environments.
            (4) Encouraging the reuse, recycling, and use of 
        sustainable alternatives to materials, such as plastics, 
        including single-use plastics, and other materials.
            (5) Supporting the infrastructure and operation of 
        sustainable waste and recycling systems, including the 
        harmonization of such systems across regions.
            (6) Encouraging sustainable standards for product design 
        and manufacturing to maximize reduction, reuse, and recycling 
        of materials.
            (7) Supporting the research and development of new 
        sustainable materials and processes that promote a 
        comprehensive life-cycle approach for products.
    (b) Coordination.--The Secretary shall seek, pursuant to 
negotiations described in section 4(a), to require the Board of 
Trustees, in providing grants for activities described in subsection 
(a), to coordinate its activities with international organizations, 
such as the United Nations, the International Bank for Reconstruction 
and Development, and the Global Environment Facility, national and 
local governments, civil society, nongovernmental organizations, and 
the private sector.
    (c) Priority.--The Secretary shall seek, pursuant to negotiations 
described in section 4(a), to require the Board of Trustees, in 
providing grants under this section, to prioritize awarding grants for 
activities that would most effectively--
            (1) reduce the amount of debris, including plastics, that 
        enters marine environments;
            (2) encourage practices to improve the sustainable 
        consumption and production of resources and minimize waste 
        generation; and
            (3) remove debris, including plastics, from marine 
        environments.
    (d) Eligible Entities.--The Secretary shall seek, pursuant to 
negotiations described in section 4(a), to establish that entities 
eligible to receive grants under this section include national and 
local governments, nongovernmental organizations, and other appropriate 
interested entities as determined by the Board of Trustees.
    (e) Prohibition on Grants for Certain High-Risk Activities.--The 
Secretary shall seek, pursuant to negotiations described in section 
4(a), to prohibit the Board of Trustees from making grants for the 
purpose of activities that involve incineration or chemical recycling 
processes that produce fuel as the final product.

SEC. 6. CRITERIA AND PROCESSES FOR ENVIRONMENTAL ASSESSMENTS OF GRANT 
              ACTIVITIES.

    (a) In General.--The Secretary shall seek, pursuant to negotiations 
described in section 4(a), to require the Board of Trustees of the 
Trust Fund to develop criteria and processes to assess the 
environmental impacts, and the impacts on the health and livelihoods of 
affected communities, of activities funded by grants provided by the 
Trust Fund.
    (b) Consultation and Availability.--The Secretary shall seek, 
pursuant to negotiations described in section 4(a), to ensure that the 
assessments described in subsection (a) involve consultation with, and 
are available to--
            (1) all affected groups and stakeholders in local 
        communities where grant activities would occur; and
            (2) the general public.

SEC. 7. ADMINISTRATION.

    (a) Appointment of an Administrator.--The Secretary shall seek, 
pursuant to negotiations described in section 4(a), to require the 
Board of Trustees of the Trust Fund, in consultation with appropriate 
officials, to appoint an administrator to manage the day-to-day 
operations of the Trust Fund.
    (b) Authority To Solicit and Accept Contributions.--The Secretary 
shall seek, pursuant to negotiations described in section 4(a), to 
authorize the Trust Fund to solicit and accept contributions from 
governments, the private sector, and nongovernmental entities of all 
kinds.
    (c) Accountability of Funds and Criteria for Support.--As part of 
the negotiations described in section 4(a), the Secretary shall--
            (1) take such actions as are necessary and within the 
        authority of the Secretary to ensure that the Board of Trustees 
        will have in effect adequate procedures and standards to 
        account for and monitor the use of funds contributed to the 
        Trust Fund, including the costs of administering the Trust 
        Fund; and
            (2) seek approval from the Board of Trustees on the 
        criteria that should be used to determine the entities and 
        activities that should receive support from the Trust Fund.
    (d) Selection of Entities and Activities.--The Secretary shall 
seek, pursuant to negotiations described in section 4(a), to require 
the Board of Trustees to establish--
            (1) standards and criteria for the selection of entities 
        and activities to receive grants from the Trust Fund; and
            (2) such rules and procedures as may be necessary--
                    (A) for cost-effective management of the Trust 
                Fund; and
                    (B) to ensure transparency and accountability in 
                the process of awarding grants.
    (e) Transparency of Operations.--The Secretary shall seek, pursuant 
to negotiations described in section 4(a), to require the Board of 
Trustees to ensure full and prompt public disclosure of the proposed 
objectives, financial organization, and operations of the Trust Fund.

SEC. 8. ADVISORY BOARD.

    (a) In General.--The Secretary shall seek, pursuant to negotiations 
described in section 4(a), to establish an Advisory Board to the Trust 
Fund to provide advice and guidance to the Board of Trustees of the 
Trust Fund with respect to--
            (1) the development and implementation of activities to 
        receive support from the Trust Fund; and
            (2) leveraging contributions to the Trust Fund.
    (b) Appointments.--The Secretary shall seek, pursuant to 
negotiations described in section 4(a), to require the members of the 
Advisory Board described in subsection (a) to consist of--
            (1) a broad range of individuals with experience and 
        leadership in the fields of international development, 
        international finance, sustainable consumption and production 
        of resources, waste management, materials science, marine 
        sciences, and environmental policy; and
            (2) representatives of relevant international 
        organizations, such as the United Nations, the International 
        Bank for Reconstruction and Development, and the Global 
        Environment Facility, and nongovernmental organizations with 
        on-the-ground experience addressing marine debris, including 
        marine plastic pollution.
    (c) Prohibition on Payment of Compensation.--The Secretary shall 
seek, pursuant to negotiations described in section 4(a), to prohibit 
any member of the Advisory Board described in subsection (a) from 
receiving compensation for services performed as a member of the Board, 
other than travel expenses (including per diem in lieu of subsistence).
    (d) United States Representative.--Notwithstanding any other 
provision of law (including an international agreement), a 
representative of the United States on the Advisory Board described in 
subsection (a) may not accept compensation for services performed as a 
member of the Advisory Board, except that such representative may 
accept travel expenses (including per diem in lieu of subsistence), 
while away from the representative's home or regular place of business 
in the performance of services for the Advisory Board.

SEC. 9. REPORTS TO CONGRESS.

    (a) Annual Reports by Secretary.--Not later than 2 years after the 
date of the enactment of this Act, and annually thereafter until the 
Trust Fund terminates, the Secretary shall submit to the appropriate 
committees of Congress a report on the Trust Fund that includes--
            (1) in the first such report--
                    (A) a description of--
                            (i) the goals of the Trust Fund;
                            (ii) the activities supported by the Trust 
                        Fund during the year preceding submission of 
                        the report; and
                            (iii) private and governmental 
                        contributions to the Trust Fund during that 
                        year;
                    (B) the criteria that have been established to 
                determine the activities to receive support from the 
                Trust Fund; and
                    (C) a statement of whether the criteria described 
                in subparagraph (B) are acceptable to the Secretary, 
                the Administrator of the Environmental Protection 
                Agency, and the Administrator of the United States 
                Agency for International Development; and
            (2) in each subsequent report, a description of each matter 
        specified in clauses (ii) and (iii) of paragraph (1)(A).
    (b) Government Accountability Office Report.--Not later than 4 
years after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the appropriate committees 
of Congress a report evaluating the effectiveness of the Trust Fund 
that includes--
            (1) an assessment of the effectiveness of the activities 
        supported by the Trust Fund in preventing and reducing marine 
        debris, including marine plastic pollution; and
            (2) an assessment of the merits of the United States 
        continuing to make financial contributions to the Trust Fund.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary $150,000,000 for each of fiscal years 2021 and 2022 for 
contributions to the Trust Fund.
    (b) Supplement Not Supplant.--The amounts authorized to be 
appropriated by subsection (a) shall supplement and not supplant any 
other amounts authorized to be appropriated for bilateral or 
multilateral activities related to--
            (1) the prevention or reduction of marine debris, including 
        marine plastic pollution; or
            (2) economic development.
    (c) Certification Requirement.--Before the initial obligation or 
expenditure of amounts appropriated pursuant to the authorization of 
appropriations under subsection (a), the Secretary shall submit to the 
appropriate committees of Congress--
            (1) a certification that adequate procedures and standards 
        have been established to ensure accountability for and 
        monitoring of the use of funds contributed to the Trust Fund, 
        including the use of such funds for the costs of administering 
        the Trust Fund; and
            (2) an explanation of the basis for that certification.
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