UNITE for our Oceans Act of 2020

II 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 designa- tion 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 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 ‘‘Unify Nations In 4 Trash Elimination for our Oceans Act of 2020’’ or the 5 ‘‘UNITE for our Oceans Act of 2020’’. 6 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 5030 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE COMMITTEES OF CON- 3 GRESS.—The term ‘‘appropriate committees of Con- 4 gress’’ means— 5 (A) the Committee on Foreign Relations, 6 the Committee on Commerce, Science, and 7 Transportation, and the Committee on Finance 8 of the Senate; and 9 (B) the Committee on Foreign Affairs, the 10 Committee on Financial Services, the Com- 11 mittee on Natural Resources, and the Com- 12 mittee on Ways and Means of the House of 13 Representatives. 14 (2) MARINE DEBRIS.—The term ‘‘marine de- 15 bris’’ means any persistent solid material that is 16 manufactured or processed and directly or indirectly, 17 intentionally or unintentionally, disposed of or aban- 18 doned into the marine environment or the Great 19 Lakes. 20 (3) MARINE PLASTIC POLLUTION.—The term 21 ‘‘marine plastic pollution’’ means any plastic mate- 22 rial directly or indirectly discarded, disposed of, or 23 abandoned in the marine or coastal environment, in- 24 cluding microplastics. 25 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 5030 IS (4) MICROPLASTICS.—The term ‘‘microplastics’’ 1 means small particles or fragments of plastic meas- 2 uring less than 5 millimeters in diameter. 3 (5) SECRETARY.—Except as otherwise specifi- 4 cally provided, the term ‘‘Secretary’’ means the Sec- 5 retary of State. 6 SEC. 3. FINDINGS; SENSE OF CONGRESS. 7 (a) FINDINGS.—Congress makes the following find- 8 ings: 9 (1) A large portion of the world’s population 10 depends on oceans and marine environments for 11 food security and economic livelihoods. 12 (2) Marine debris, including marine plastic pol- 13 lution, is a global problem that directly and indi- 14 rectly threatens marine habitats and species, eco- 15 nomic growth, and human health and safety. 16 (3) Each year, billions of pounds of trash and 17 other pollutants enter the ocean, a large proportion 18 of which is plastic. 19 (4) The increasing production, consumption, 20 and improper disposal of plastic products, including 21 single-use plastic products, contributes substantially 22 to the issue of marine debris. 23 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 5030 IS (5) In 2016, the United States generated the 1 largest amount of plastic waste of any country in the 2 world. 3 (6) A significant portion of marine debris, in- 4 cluding marine plastic pollution, originates from 5 land-based activities, and the movement of such de- 6 bris has significant impacts on marine environments. 7 (b) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that— 9 (1) the United States must improve domestic 10 production, consumption, and end-of-life practices to 11 achieve a comprehensive and sustainable life-cycle 12 system for products; 13 (2) it is critical to support and enhance the ca- 14 pacity of countries to manage their waste systems 15 and marine and coastal ecosystems sustainably; and 16 (3) international efforts to enhance the control 17 of the transboundary movements of plastic waste, in- 18 cluding the Basel Convention on the Control of 19 Transboundary Movements of Hazardous Wastes 20 and their Disposal, adopted by the United Nations 21 March 22, 1989, and ongoing discussions on poten- 22 tial agreements relating to marine debris, provide 23 meaningful frameworks to reduce marine debris, in- 24 cluding marine plastic pollution. 25 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 5030 IS SEC. 4. ESTABLISHMENT OR DESIGNATION OF TRUST FUND 1 FOR MARINE DEBRIS AND PLASTIC POLLU- 2 TION. 3 (a) IN GENERAL.—The Secretary shall seek to enter 4 into negotiations with foreign countries and the United 5 Nations, the International Bank for Reconstruction and 6 Development, the Global Environment Facility, and other 7 relevant international organizations for the purposes of— 8 (1) establishing a new trust fund, or desig- 9 nating an existing trust fund, to serve as the ‘‘Trust 10 Fund for Marine Debris and Plastic Pollution’’ (in 11 this Act referred to as the ‘‘Trust Fund’’); and 12 (2) establishing an Advisory Board to the Trust 13 Fund in accordance with section 8. 14 (b) PURPOSE.—The Secretary shall seek, pursuant to 15 negotiations described in subsection (a), to require that 16 the Trust Fund use funds contributed to the Trust Fund 17 to provide support for activities that— 18 (1) prevent and reduce marine debris, including 19 marine plastic pollution; and 20 (2) promote sustainable consumption and pro- 21 duction of resources. 22 (c) BOARD OF TRUSTEES.— 23 (1) COMPOSITION.—The Secretary shall seek, 24 pursuant to negotiations described in subsection (a), 25 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 5030 IS to establish a Board of Trustees for the Trust Fund, 1 to be composed of individuals who— 2 (A) are representatives of the countries 3 that contribute funds to the Trust Fund; and 4 (B) have knowledge or experience in the 5 fields of marine or environmental sciences, ma- 6 rine debris or marine plastic pollution, sustain- 7 able consumption and production of resources, 8 international relations, or international funding 9 programs. 10 (2) UNITED STATES REPRESENTATIVE.—If the 11 Board of Trustees is established pursuant to nego- 12 tiations described in subsection (a), there shall be a 13 United States member of the Board, who shall be 14 appointed by the President, by and with the advice 15 and consent of the Senate, from among individuals 16 who have knowledge or experience described in para- 17 graph (1)(B). 18 (d) CONSULTATIONS.—The Secretary shall conduct 19 negotiations described in subsection (a) in consultation 20 with the Administrator of the United States Agency for 21 International Development, the Secretary of Commerce, 22 the Administrator of the Environmental Protection Agen- 23 cy, the Secretary of the Interior, the Administrator of the 24 National Oceanic and Atmospheric Administration, the 25 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 5030 IS United States Trade Representative, the Chief Executive 1 Officer of the United States International Development 2 Finance Corporation, and the heads of such other relevant 3 United States Government agencies as the Secretary con- 4 siders appropriate. 5 SEC. 5. GRANT AUTHORITIES. 6 (a) IN GENERAL.—The Secretary shall seek, pursu- 7 ant to negotiations described in section 4(a), to provide 8 the Board of Trustees of the Trust Fund with authority 9 to provide grants, including grants for technical assistance 10 and capacity building, for eligible entities to lead and im- 11 plement effective activities relating to the prevention or 12 reduction of, or education or research and development 13 with respect to, marine debris, including marine plastic 14 pollution, including with respect to the following: 15 (1) Preventing debris, including plastics, from 16 entering marine environments. 17 (2) Reducing the amount of debris, including 18 plastic pollution, in marine environments. 19 (3) Reducing the use and improper disposal of 20 single-use plastics and other materials that pollute 21 marine environments. 22 (4) Encouraging the reuse, recycling, and use of 23 sustainable alternatives to materials, such as plas- 24 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 5030 IS tics, including single-use plastics, and other mate- 1 rials. 2 (5) Supporting the infrastructure and operation 3 of sustainable waste and recycling systems, including 4 the harmonization of such systems across regions. 5 (6) Encouraging sustainable standards for 6 product design and manufacturing to maximize re- 7 duction, reuse, and recycling of materials. 8 (7) Supporting the research and development of 9 new sustainable materials and processes that pro- 10 mote a comprehensive life-cycle approach for prod- 11 ucts. 12 (b) COORDINATION.—The Secretary shall seek, pur- 13 suant to negotiations described in section 4(a), to require 14 the Board of Trustees, in providing grants for activities 15 described in subsection (a), to coordinate its activities with 16 international organizations, such as the United Nations, 17 the International Bank for Reconstruction and Develop- 18 ment, and the Global Environment Facility, national and 19 local governments, civil society, nongovernmental organi- 20 zations, and the private sector. 21 (c) PRIORITY.—The Secretary shall seek, pursuant to 22 negotiations described in section 4(a), to require the 23 Board of Trustees, in providing grants under this section, 24 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 5030 IS to prioritize awarding grants for activities that would most 1 effectively— 2 (1) reduce the amount of debris, including plas- 3 tics, that enters marine environments; 4 (2) encourage practices to improve the sustain- 5 able consumption and production of resources and 6 minimize waste generation; and 7 (3) remove debris, including plastics, from ma- 8 rine environments. 9 (d) ELIGIBLE ENTITIES.—The Secretary shall seek, 10 pursuant to negotiations described in section 4(a), to es- 11 tablish that entities eligible to receive grants under this 12 section include national and local governments, non- 13 governmental organizations, and other appropriate inter- 14 ested entities as determined by the Board of Trustees. 15 (e) PROHIBITION ON GRANTS FOR CERTAIN HIGH- 16 RISK ACTIVITIES.—The Secretary shall seek, pursuant to 17 negotiations described in section 4(a), to prohibit the 18 Board of Trustees from making grants for the purpose 19 of activities that involve incineration or chemical recycling 20 processes that produce fuel as the final product. 21 SEC. 6. CRITERIA AND PROCESSES FOR ENVIRONMENTAL 22 ASSESSMENTS OF GRANT ACTIVITIES. 23 (a) IN GENERAL.—The Secretary shall seek, pursu- 24 ant to negotiations described in section 4(a), to require 25 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 5030 IS the Board of Trustees of the Trust Fund to develop cri- 1 teria and processes to assess the environmental impacts, 2 and the impacts on the health and livelihoods of affected 3 communities, of activities funded by grants provided by 4 the Trust Fund. 5 (b) CONSULTATION AND AVAILABILITY.—The Sec- 6 retary shall seek, pursuant to negotiations described in 7 section 4(a), to ensure that the assessments described in 8 subsection (a) involve consultation with, and are available 9 to— 10 (1) all affected groups and stakeholders in local 11 communities where grant activities would occur; and 12 (2) the general public. 13 SEC. 7. ADMINISTRATION. 14 (a) APPOINTMENT OF AN ADMINISTRATOR.—The 15 Secretary shall seek, pursuant to negotiations described 16 in section 4(a), to require the Board of Trustees of the 17 Trust Fund, in consultation with appropriate officials, to 18 appoint an administrator to manage the day-to-day oper- 19 ations of the Trust Fund. 20 (b) AUTHORITY TO SOLICIT AND ACCEPT CONTRIBU- 21 TIONS.—The Secretary shall seek, pursuant to negotia- 22 tions described in section 4(a), to authorize the Trust 23 Fund to solicit and accept contributions from govern- 24 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 5030 IS ments, the private sector, and nongovernmental entities of 1 all kinds. 2 (c) ACCOUNTABILITY OF FUNDS AND CRITERIA FOR 3 SUPPORT.—As part of the negotiations described in sec- 4 tion 4(a), the Secretary shall— 5 (1) take such actions as are necessary and with- 6 in the authority of the Secretary to ensure that the 7 Board of Trustees will have in effect adequate proce- 8 dures and standards to account for and monitor the 9 use of funds contributed to the Trust Fund, includ- 10 ing the costs of administering the Trust Fund; and 11 (2) seek approval from the Board of Trustees 12 on the criteria that should be used to determine the 13 entities and activities that should receive support 14 from the Trust Fund. 15 (d) SELECTION OF ENTITIES AND ACTIVITIES.—The 16 Secretary shall seek, pursuant to negotiations described 17 in section 4(a), to require the Board of Trustees to estab- 18 lish— 19 (1) standards and criteria for the selection of 20 entities and activities to receive grants from the 21 Trust Fund; and 22 (2) such rules and procedures as may be nec- 23 essary— 24 VerDate Sep 11 2014 00:08 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5030.IS S5030 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 5030 IS (A) for cost-effective management of the 1 Trust Fund; and 2 (B) to ensure transparency and account- 3 ability in the process of awarding grants. 4 (e) TRANSPARENCY OF OPERATIONS.—The Secretary 5 shall seek, pursuant to negotiations described in section 6 4(a), to require the Board of Trustees to ensure full and 7 prompt public d [Text truncated for display. 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