Save Our Seas 2.0: Enhancing the Domestic Marine Debris Response Act

II 116TH CONGRESS 1ST SESSION S. 2364 To enhance domestic marine debris response, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 31, 2019 Mr. SULLIVAN (for himself, Mr. WHITEHOUSE, Mr. MENENDEZ, Ms. COLLINS, Mr. BOOKER, Mr. COONS, Mr. BLUMENTHAL, and Mr. MURPHY) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Save Our Seas 2.0: 4 Enhancing the Domestic Marine Debris Response Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) CIRCULAR ECONOMY.—The term ‘‘circular 8 economy’’ means an economy that uses a systems-fo- 9 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 2 •S 2364 IS cused approach and involves industrial processes and 1 economic activities that— 2 (A) are restorative or regenerative by de- 3 sign; 4 (B) enable resources used in such proc- 5 esses and activities to maintain their highest 6 values for as long as possible; and 7 (C) aim for the elimination of waste 8 through the superior design of materials, prod- 9 ucts, and systems (including business models). 10 (2) EPA ADMINISTRATOR.—The term ‘‘EPA 11 Administrator’’ means the Administrator of the En- 12 vironmental Protection Agency. 13 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 14 has the meaning given the term ‘‘Indian tribe’’ in 15 section 4 of the Indian Self-Determination and Edu- 16 cation Assistance Act (25 U.S.C. 5304), without re- 17 gard to capitalization. 18 (4) MARINE DEBRIS.—The term ‘‘marine de- 19 bris’’ has the meaning given that term in section 7 20 of the Marine Debris Act (33 U.S.C. 1956). 21 (5) NON-FEDERAL FUNDS.—The term ‘‘non- 22 Federal funds’’ means funds provided by— 23 (A) a State; 24 (B) an Indian Tribe; 25 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 3 •S 2364 IS (C) a territory of the United States; 1 (D) one or more units of local governments 2 or Tribal organizations (as defined in section 4 3 of the Indian Self-Determination and Education 4 Assistance Act (25 U.S.C. 5304)); 5 (E) a private for-profit entity; 6 (F) a nonprofit organization; or 7 (G) a private individual. 8 (6) NONPROFIT ORGANIZATION.—The term 9 ‘‘nonprofit organization’’ means an organization that 10 is described in section 501(c) of the Internal Rev- 11 enue Code of 1986 and exempt from tax under sec- 12 tion 501(a) of such Code. 13 (7) POST-CONSUMER MATERIALS MANAGE- 14 MENT.—The term ‘‘post-consumer materials man- 15 agement’’ means the systems, operation, supervision, 16 and aftercare of processes and equipment used for 17 post-use material (including packaging, goods, prod- 18 ucts, and other materials), including— 19 (A) collection; 20 (B) transport; 21 (C) safe disposal of waste that cannot be 22 recovered, reused, recycled, repaired, or refur- 23 bished; and 24 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 4 •S 2364 IS (D) systems and processes related to post- 1 use materials that can be recovered, reused, re- 2 cycled, repaired, or refurbished. 3 (8) STATE.—The term ‘‘State’’ means— 4 (A) a State; 5 (B) an Indian Tribe; 6 (C) the District of Columbia; and 7 (D) a territory or possession of the United 8 States. 9 (9) UNDER SECRETARY.—The term ‘‘Under 10 Secretary’’ means the Under Secretary of Commerce 11 for Oceans and Atmosphere and Administrator of 12 the National Oceanic and Atmospheric Administra- 13 tion. 14 TITLE I—MARINE DEBRIS 15 RESPONSE TRUST FUND 16 SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND. 17 (a) IN GENERAL.—Subchapter A of chapter 98 of the 18 Internal Revenue Code of 1986 is amended by adding at 19 the end the following: 20 ‘‘SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND. 21 ‘‘(a) CREATION OF TRUST FUND.—There is estab- 22 lished in the Treasury of the United States a trust fund 23 to be known as the ‘Marine Debris Response Trust Fund’, 24 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 5 •S 2364 IS consisting of such amounts as may be appropriated or 1 credited to the Trust Fund as provided in this section. 2 ‘‘(b) PURPOSES OF TRUST FUND.— 3 ‘‘(1) IN GENERAL.—Amounts in the Marine De- 4 bris Response Trust Fund shall be available for the 5 National Oceanic and Atmospheric Administration 6 to respond to a marine debris event described in 7 paragraph (2), which may include— 8 ‘‘(A) monitoring, response, and prevention; 9 ‘‘(B) providing funding to States, terri- 10 tories, Indian Tribes, and other United States 11 Government and nongovernmental organizations 12 supporting prevention, cleanup, and response 13 efforts; or 14 ‘‘(C) administrative costs relating to dis- 15 tributing amounts from the Marine Debris Re- 16 sponse Trust Fund. 17 ‘‘(2) MARINE DEBRIS EVENT DESCRIBED.—A 18 marine debris event described in this paragraph is 19 an event that affects or may affect the United 20 States involving— 21 ‘‘(A) marine debris caused by a natural 22 event, including a tsunami, flood, landslide, 23 hurricane, or other natural source; 24 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 6 •S 2364 IS ‘‘(B) distinct, nonrecurring marine debris, 1 including derelict vessel groundings and con- 2 tainer spills, that have immediate or long-term 3 impacts on habitats with high ecological, eco- 4 nomic, or human-use values; or 5 ‘‘(C) marine debris caused by an inten- 6 tional or grossly negligent act or acts that 7 causes substantial economic or environmental 8 harm. 9 ‘‘(c) LIMITATIONS ON EXPENDITURES.— 10 ‘‘(1) MAXIMUM PER EVENT.—The maximum 11 amount that may be paid from the Marine Debris 12 Response Trust Fund with respect to any single 13 event may not exceed $100,000,000. 14 ‘‘(2) MINIMUM BALANCE.—A payment may be 15 made from the Marine Debris Response Trust Fund 16 only if the amount in the Marine Debris Response 17 Trust Fund after the payment will not be less than 18 $1,000,000. 19 ‘‘(3) MAXIMUM BALANCE.—Amounts in the Ma- 20 rine Debris Response Trust Fund may not exceed 21 $500,000,000. 22 ‘‘(d) INITIAL FUNDING.—There are authorized to be 23 appropriated to the Marine Debris Response Trust Fund 24 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 7 •S 2364 IS $2,000,000 for fiscal year 2020 to establish the Marine 1 Debris Response Trust Fund. 2 ‘‘(e) AUTHORITY TO BORROW.— 3 ‘‘(1) IN GENERAL.—There are authorized to be 4 appropriated to the Marine Debris Response Trust 5 Fund, as repayable advances, such sums as may be 6 necessary to carry out the purposes of the Marine 7 Debris Response Trust Fund. 8 ‘‘(2) LIMITATION ON AMOUNT OUTSTANDING.— 9 The maximum aggregate amount of repayable ad- 10 vances to the Marine Debris Response Trust Fund 11 outstanding at any one time may not exceed 12 $1,000,000. 13 ‘‘(3) REPAYMENT OF ADVANCES.— 14 ‘‘(A) IN GENERAL.—Advances made to the 15 Marine Debris Response Trust Fund shall be 16 repaid, and interest on such advances shall be 17 paid, to the general fund of the Treasury when 18 the Secretary of Commerce, in consultation with 19 the Secretary of the Treasury, determines that 20 amounts are available for such purposes in the 21 Marine Debris Response Trust Fund. 22 ‘‘(B) FINAL REPAYMENT.—No advance 23 may be made to the Marine Debris Response 24 Trust Fund after September 30, 2035, and all 25 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 8 •S 2364 IS advances to such Fund shall be repaid on or be- 1 fore that date. 2 ‘‘(C) RATE OF INTEREST.—Interest on ad- 3 vances made pursuant to this subsection shall 4 be— 5 ‘‘(i) at a rate determined by the Sec- 6 retary of the Treasury (as of the close of 7 the calendar month preceding the month in 8 which the advance is made) to be equal to 9 the current average market yield on out- 10 standing marketable obligations of the 11 United States with remaining periods to 12 maturity comparable to the anticipated pe- 13 riod during which the advance will be out- 14 standing, and 15 ‘‘(ii) compounded annually. 16 ‘‘(f) AVAILABILITY OF FUNDS.—Amounts in the Ma- 17 rine Debris Response Trust Fund shall— 18 ‘‘(1) be available without fiscal year limitation 19 and without apportionment; and 20 ‘‘(2) shall supplement and not supplant other 21 amounts available for responding to marine debris 22 events. 23 ‘‘(g) INVESTMENT.—The Secretary of the Treasury 24 shall invest amounts in the Marine Debris Response Trust 25 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 9 •S 2364 IS Fund in interest bearing obligations of the United States 1 to the extent such amounts are not required to meet cur- 2 rent withdrawals. Interest earned by such investments 3 shall be credited to, and become a part of, the Marine De- 4 bris Response Trust Fund. 5 ‘‘(h) ADMINISTRATION.—The Under Secretary of 6 Commerce for Oceans and Atmosphere shall prescribe reg- 7 ulations— 8 ‘‘(1) providing for a process for submitting a 9 claim to the Marine Debris Response Trust Fund 10 and for distributing amounts from the Marine De- 11 bris Response Trust Fund pursuant to those claims; 12 and 13 ‘‘(2) providing guidance with respect to what 14 constitutes an event for which amounts will be dis- 15 tributed from the Marine Debris Response Trust 16 Fund. 17 ‘‘(i) LIABILITY OF THE UNITED STATES LIMITED TO 18 AMOUNT IN TRUST FUND.— 19 ‘‘(1) IN GENERAL.—Any claim filed against the 20 Marine Debris Response Trust Fund may be paid 21 only out of the Marine Debris Response Trust Fund. 22 ‘‘(2) ORDER IN WHICH UNPAID CLAIMS ARE TO 23 BE PAID.—If at any time the Marine Debris Re- 24 sponse Trust Fund has insufficient funds to pay all 25 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 10 •S 2364 IS of the claims out of the Marine Debris Response 1 Trust Fund at such time, such claims shall, to the 2 extent permitted under paragraph (1), be paid in 3 full in the order in which they were finally deter- 4 mined. 5 ‘‘(j) NON-FEDERAL CONTRIBUTIONS TO THE TRUST 6 FUND.— 7 ‘‘(1) IN GENERAL.—A gift, award, devise, or 8 bequest, and non-Federal amounts from legal judg- 9 ments or settlements may be accepted by the Marine 10 Debris Response Trust Fund without regard to 11 whether the gift, devise, or bequest is encumbered, 12 restricted, or subject to beneficial interests of private 13 persons if any current or future interest in the gift, 14 devise, or bequest is for the benefit of the Marine 15 Debris Response Trust Fund. 16 ‘‘(2) FOREIGN GIFTS.—Any gifts, awards, de- 17 vises, or bequests given to or received from a person 18 in a foreign country by or to the Marine Debris Re- 19 sponse Trust Fund shall be made only with the con- 20 currence of the Secretary of State, in consultation, 21 as appropriate, with the Administrator of the United 22 States Agency for International Development.’’. 23 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 11 •S 2364 IS (b) CLERICAL AMENDMENT.—The table of sections 1 for subchapter A of chapter 98 of such Code is amended 2 by adding at the end the following: 3 ‘‘Sec. 9512. Marine Debris Response Trust Fund.’’. TITLE II—MARINE DEBRIS 4 FOUNDATION 5 SEC. 201. ESTABLISHMENT AND PURPOSES OF FOUNDA- 6 TION. 7 (a) ESTABLISHMENT.—There is established the Ma- 8 rine Debris Foundation (in this title referred to as the 9 ‘‘Foundation’’). The Foundation is a charitable and non- 10 profit organization and is not an agency or establishment 11 of the United States. 12 (b) PURPOSES.—The purposes of the Foundation 13 are— 14 (1) to encourage, accept, and administer private 15 gifts of property for the benefit of, or in connection 16 with, the activities and services of the National Oce- 17 anic and Atmospheric Administration under the Ma- 18 rine Debris Program established under section 3 of 19 the Marine Debris Act (33 U.S.C. 1952), and other 20 relevant programs and agencies; 21 (2) to undertake and conduct such other activi- 22 ties as will further the efforts of the National Oce- 23 anic and Atmospheric Administration to assess, pre- 24 vent, reduce, and remove marine debris and address 25 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 12 •S 2364 IS the adverse impacts of marine debris on the economy 1 of the United States, the marine environment, and 2 navigation safety; 3 (3) to participate with, and otherwise assist, 4 State, local, and Tribal governments, foreign govern- 5 ments, entities, and individuals in undertaking and 6 conducting activities to assess, prevent, reduce, and 7 remove marine debris and address the adverse im- 8 pacts of marine debris and its root causes on the 9 economy of the United States, the marine environ- 10 ment (including waters in the jurisdiction of the 11 United States, the high seas, and waters in the ju- 12 risdiction of other countries), and navigation safety; 13 and 14 (4) to support other Federal actions to reduce 15 marine debris. 16 SEC. 202. BOARD OF DIRECTORS OF THE FOUNDATION. 17 (a) ESTABLISHMENT AND MEMBERSHIP.— 18 (1) IN GENERAL.—The Foundation shall have a 19 governing Board of Directors (in this title referred 20 to as the ‘‘Board’’), which shall consist of the Under 21 Secretary and 12 additional Directors appointed in 22 accordance with subsection (b) from among individ- 23 uals who are United States citizens. 24 VerDate Sep 11 2014 03:15 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2364.IS S2364 kjohnson on DSK79L0C42 with BILLS 13 •S 2364 IS (2) REPRESENTATION OF DIVERSE POINTS OF 1 VIEW.—To the maximum extent practicable, the 2 membership of the Board shall represent diverse 3 points of view relating to the assessment, prevention, 4 reduction, and removal of mari [Text truncated for display. Full text available on Congress.gov.]