[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1982 Enrolled Bill (ENR)]
S.1982
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To improve efforts 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COMBATING MARINE DEBRIS
Subtitle A--Amendments to the Marine Debris Act
Sec. 101. Amendments to the Marine Debris Act.
Subtitle B--Marine Debris Foundation
Sec. 111. Establishment and purposes of Foundation.
Sec. 112. Board of Directors of the Foundation.
Sec. 113. Rights and obligations of the Foundation.
Sec. 114. Administrative services and support.
Sec. 115. Volunteer status.
Sec. 116. Report requirements; petition of attorney general for
equitable relief.
Sec. 117. United States release from liability.
Sec. 118. Authorization of appropriations.
Sec. 119. Termination of authority.
Subtitle C--Genius Prize for Save Our Seas Innovations
Sec. 121. Definitions.
Sec. 122. Genius Prize for Save Our Seas Innovations.
Sec. 123. Agreement with the Marine Debris Foundation.
Sec. 124. Judges.
Sec. 125. Report to Congress.
Sec. 126. Authorization of appropriations.
Sec. 127. Termination of authority.
Subtitle D--Studies, Pilot Projects, and Reports
Sec. 131. Report on opportunities for innovative uses of plastic waste.
Sec. 132. Report on microfiber pollution.
Sec. 133. Study on United States plastic pollution data.
Sec. 134. Study on mass balance methodologies to certify circular
polymers.
Sec. 135. Report on sources and impacts of derelict fishing gear.
Sec. 136. Expansion of derelict vessel recycling.
Sec. 137. Incentive for fishermen to collect and dispose of plastic
found at sea.
TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
Sec. 201. Statement of policy on international cooperation to combat
marine debris.
Sec. 202. Prioritization of efforts and assistance to combat marine
debris and improve plastic waste management.
Sec. 203. United States leadership in international fora.
Sec. 204. Enhancing international outreach and partnership of United
States agencies involved in marine debris activities.
Sec. 205. Negotiation of new international agreements.
Sec. 206. Consideration of marine debris in negotiating international
agreements.
TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
Sec. 301. Strategy for improving post-consumer materials management and
water management.
Sec. 302. Grant programs.
Sec. 303. Study on repurposing plastic waste in infrastructure.
Sec. 304. Study on effects of microplastics in food supplies and sources
of drinking water.
Sec. 305. Report on eliminating barriers to increase the collection of
recyclable materials.
Sec. 306. Report on economic incentives to spur development of new end-
use markets for recycled plastics.
Sec. 307. Report on minimizing the creation of new plastic waste.
SEC. 2. DEFINITIONS.
In this Act:
(1) Circular economy.--The term ``circular economy'' means an
economy that uses a systems-focused approach and involves
industrial processes and economic activities that--
(A) are restorative or regenerative by design;
(B) enable resources used in such processes and activities
to maintain their highest values for as long as possible; and
(C) aim for the elimination of waste through the superior
design of materials, products, and systems (including business
models).
(2) EPA administrator.--The term ``EPA Administrator'' means
the Administrator of the Environmental Protection Agency.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304),
without regard to capitalization.
(4) Interagency marine debris coordinating committee.--The term
``Interagency Marine Debris Coordinating Committee'' means the
Interagency Marine Debris Coordinating Committee established under
section 5 of the Marine Debris Act (33 U.S.C. 1954).
(5) 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).
(6) 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.
(7) Non-federal funds.--The term ``non-Federal funds'' means
funds provided by--
(A) a State;
(B) an Indian Tribe;
(C) a territory of the United States;
(D) one or more units of local governments or Tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304));
(E) a foreign government;
(F) a private for-profit entity;
(G) a nonprofit organization; or
(H) a private individual.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
(9) Post-consumer materials management.--The term ``post-
consumer materials management'' means the systems, operation,
supervision, and long-term management of processes and equipment
used for post-use material (including packaging, goods, products,
and other materials), including--
(A) collection;
(B) transport;
(C) safe disposal of waste that cannot be recovered,
reused, recycled, repaired, or refurbished; and
(D) systems and processes related to post-use materials
that can be recovered, reused, recycled, repaired, or
refurbished.
(10) State.--The term ``State'' means--
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia;
(D) a territory or possession of the United States; or
(E) any political subdivision of an entity described in
subparagraphs (A) through (D).
(11) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
TITLE I--COMBATING MARINE DEBRIS
Subtitle A--Amendments to the Marine Debris Act
SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT.
The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended--
(1) in section 2 by striking ``marine environment,'' and
inserting ``marine environment (including waters in the
jurisdiction of the United States, the high seas, and waters in the
jurisdiction of other countries),'';
(2) in section 9(a)--
(A) by striking ``$10,000,000'' and inserting
``$15,000,000''; and
(B) by striking ``5 percent'' and inserting ``7 percent'';
and
(3) by adding at the end the following:
``SEC. 10. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND
ENTREPRENEURSHIP PROGRAMS.
``In carrying out any relevant innovation and entrepreneurship
programs that improve the innovation, effectiveness, and efficiency of
the Marine Debris Program established under section 3 without
undermining the purpose for which such program was established, the
Secretary of Commerce, the Secretary of Energy, the Administrator of
the Environmental Protection Agency, and the heads of other relevant
Federal agencies, shall prioritize efforts to combat marine debris,
including by--
``(1) increasing innovation in methods and the effectiveness of
efforts to identify, determine sources of, assess, prevent, reduce,
and remove marine debris; and
``(2) addressing the impacts of marine debris on--
``(A) the economy of the United States;
``(B) the marine environment; and
``(C) navigation safety.''.
Subtitle B--Marine Debris Foundation
SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.
(a) Establishment.--There is established the Marine Debris
Foundation (in this title referred to as the ``Foundation''). The
Foundation is a charitable and nonprofit organization and is not an
agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the activities
and services of the National Oceanic and Atmospheric Administration
under the Marine Debris Program established under section 3 of the
Marine Debris Act (33 U.S.C. 1952), and other relevant programs and
agencies;
(2) to undertake and conduct such other activities as will
augment efforts of the National Oceanic and Atmospheric
Administration to assess, prevent, reduce, and remove marine debris
and address the adverse impacts of marine debris on the economy of
the United States, the marine environment, and navigation safety;
(3) to participate with, and otherwise assist, State, local,
and Tribal governments, foreign governments, entities, and
individuals in undertaking and conducting activities to assess,
prevent, reduce, and remove marine debris and address the adverse
impacts of marine debris and its root causes on the economy of the
United States, the marine environment (including waters in the
jurisdiction of the United States, the high seas, and waters in the
jurisdiction of other countries), and navigation safety;
(4) subject to an agreement with the Secretary of Commerce,
administer the Genius Prize for Save Our Seas Innovation as
described in title II; and
(5) to support other Federal actions to reduce marine debris.
SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing Board of
Directors (in this title referred to as the ``Board''), which shall
consist of the Under Secretary and 12 additional Directors
appointed in accordance with subsection (b) from among individuals
who are United States citizens.
(2) Representation of diverse points of view.--To the maximum
extent practicable, the membership of the Board shall represent
diverse points of view relating to the assessment, prevention,
reduction, and removal of marine debris.
(3) Not federal employees.--Appointment as a Director of the
Foundation shall not constitute employment by, or the holding of an
office of, the United States for the purpose of any Federal law.
(b) Appointment and Terms.--
(1) Appointment.--Subject to paragraph (2), after consulting
with the EPA Administrator, the Director of the United States Fish
and Wildlife Service, the Assistant Secretary of State for the
Bureau of Oceans and International Environmental and Scientific
Affairs, and the Administrator of the United States Agency for
International Development, and considering the recommendations
submitted by the Board, the Under Secretary shall appoint 12
Directors who meet the criteria established by subsection (a), of
whom--
(A) at least 4 shall be educated or experienced in the
assessment, prevention, reduction, or removal of marine debris,
which may include an individual with expertise in post-consumer
materials management or a circular economy;
(B) at least 2 shall be educated or experienced in the
assessment, prevention, reduction, or removal of marine debris
outside the United States;
(C) at least 2 shall be educated or experienced in ocean
and coastal resource conservation science or policy; and
(D) at least 2 shall be educated or experienced in
international trade or foreign policy.
(2) Terms.--
(A) In general.--Any Director appointed after the initial
appointments are made under subparagraph (B) (other than the
Under Secretary), shall be appointed for a term of 6 years.
(B) Initial appointments to new member positions.--Of the
Directors appointed by the Under Secretary under paragraph (1),
the Under Secretary shall appoint, not later than 180 days
after the date of the enactment of this Act--
(i) 4 Directors for a term of 6 years;
(ii) 4 Directors for a term of 4 years; and
(iii) 4 Directors for a term of 2 years.
(3) Vacancies.--
(A) In general.--The Under Secretary shall fill a vacancy
on the Board.
(B) Term of appointments to fill unexpired terms.--An
individual appointed to fill a vacancy that occurs before the
expiration of the term of a Director shall be appointed for the
remainder of the term.
(4) Reappointment.--An individual shall not serve more than 2
consecutive terms as a Director, excluding any term of less than 6
years.
(5) Consultation before removal.--The Under Secretary may
remove a Director from the Board only after consultation with the
Assistant Secretary of State for the Bureau of Oceans and
International Environmental and Scientific Affairs, the Director of
the United States Fish and Wildlife Service, and the EPA
Administrator.
(c) Chairman.--The Chairman shall be elected by the Board from its
members for a 2-year term.
(d) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a Director misses 3 consecutive regularly
scheduled meetings, that individual may be removed from the Board and
that vacancy filled in accordance with subsection (b).
(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation.
(g) General Powers.--
(1) In general.--The Board may complete the organization of the
Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provisions of this title;
and
(C) undertaking of other such acts as may be necessary to
carry out the provisions of this title.
(2) Limitations on appointment.--The following limitations
apply with respect to the appointment of officers and employees of
the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
Officers and employees of the Foundation shall be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(B) The first officer or employee appointed by the Board
shall be the Secretary of the Board who--
(i) shall serve, at the direction of the Board, as its
chief operating officer; and
(ii) shall be knowledgeable and experienced in matters
relating to the assessment, prevention, reduction, and
removal of marine debris.
SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States and abroad; and
(3) shall at all times maintain a designated agent authorized
to accept service of process for the Foundation.
(b) Service of Process.--The serving of notice to, or service of
process upon, the agent required under subsection (a)(3), or mailed to
the business address of such agent, shall be deemed as service upon or
notice to the Foundation.
(c) Powers.--
(1) In general.--To carry out its purposes under section 111,
the Foundation shall have, in addition to the powers otherwise
given it under this title, the usual powers of a corporation acting
as a trustee in the District of Columbia, including the power--
(A) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
real or personal property or any income therefrom or other
interest therein;
(B) to acquire by purchase or exchange any real or personal
property or interest therein;
(C) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
(D) to deposit any funds provided to the Foundation by the
Federal Government into accounts that are insured by an agency
or instrumentality of the United States;
(E) to make use of any interest or investment income that
accrues as a consequence of actions taken under subparagraph
(C) or (D) to carry out the purposes of the Foundation;
(F) to use Federal funds to make payments under cooperative
agreements to provide substantial long-term benefits for the
assessment, prevention, reduction, and removal of marine
debris;
(G) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(H) to borrow money and issue bonds, debentures, or other
debt instruments;
(I) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except that the Directors
of the Foundation shall not be personally liable, except for
gross negligence;
(J) to enter into contracts or other arrangements with, or
provide financial assistance to, public agencies and private
organizations and persons and to make such payments as may be
necessary to carry out its functions; and
(K) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
(2) Non-federal contributions to the fund.--A gift, devise, or
bequest may be accepted by the Foundation without regard to whether
the gift, devise, or bequest is encumbered, restricted, or subject
to beneficial interests of private persons if any current or future
interest in the gift, devise, or bequest is for the benefit of the
Foundation.
(d) Notice to Members of Congress.--The Foundation may not make a
grant of Federal funds in an amount greater than $100,000 unless, by
not later than 15 days before the grant is made, the Foundation
provides notice of the grant to the Member of Congress for the
congressional district in which the project to be funded with the grant
will be carried out.
(e) Coordination of International Efforts.--Any efforts of the
Foundation carried out in a foreign country, and any grants provided to
an individual or entity in a foreign country, shall be made only with
the concurrence of the Secretary of State, in consultation, as
appropriate, with the Administrator of the United States Agency for
International Development.
(f) Consultation With NOAA.--The Foundation shall consult with the
Under Secretary during the planning of any restoration or remediation
action using funds resulting from judgments or settlements relating to
the damage to trust resources of the National Oceanic and Atmospheric
Administration.
SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Provision of Services.--The Under Secretary may provide
personnel, facilities, and other administrative services to the
Foundation, including reimbursement of expenses, not to exceed the
current Federal Government per diem rates, for a period of up to 5
years beginning on the date of the enactment of this Act.
(b) Reimbursement.--The Under Secretary shall require reimbursement
from the Foundation for any administrative service provided under
subsection (a). The Under Secretary shall deposit any reimbursement
received under this subsection into the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing
such services.
SEC. 115. VOLUNTEER STATUS.
The Secretary of Commerce may accept, without regard to the civil
service classification laws, rules, or regulations, the services of the
Foundation, the Board, and the officers and employees of the Board,
without compensation from the Department of Commerce, as volunteers in
the performance of the functions authorized in this title.
SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR
EQUITABLE RELIEF.
(a) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Natural
Resources, the Committee on Transportation and Infrastructure, and the
Committee on Energy and Commerce of the House of Representatives a
report--
(1) describing the proceedings and activities of the Foundation
during that fiscal year, including a full and complete statement of
its receipts, expenditures, and investments; and
(2) including a detailed statement of the recipient, amount,
and purpose of each grant made by the Foundation in the fiscal
year.
(b) Relief With Respect to Certain Foundation Acts or Failure to
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act, practice,
or policy that is inconsistent with its purposes set forth in
section 111(b); or
(2) refuses, fails, or neglects to discharge its obligations
under this title, or threatens to do so,
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
SEC. 117. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation nor shall the full faith and
credit of the United States extend to any obligation of the Foundation.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
Department of Commerce to carry out this title $10,000,000 for each
of fiscal years 2021 through 2024.
(2) Use of appropriated funds.--Subject to paragraph (3),
amounts made available under paragraph (1) shall be provided to the
Foundation to match contributions (whether in currency, services,
or property) made to the Foundation, or to a recipient of a grant
provided by the Foundation, by private persons and State and local
government agencies.
(3) Prohibition on use for administrative expenses.--
(A) In general.--Except as provided in subparagraph (B), no
Federal funds made available under paragraph (1) may be used by
the Foundation for administrative expenses of the Foundation,
including for salaries, travel and transportation expenses, and
other overhead expenses.
(B) Exception.--The Secretary may allow the use of Federal
funds made available under paragraph (1) to pay for salaries
during the 18-month period beginning on the date of the
enactment of this Act.
(b) Additional Authorization.--
(1) In general.--In addition to the amounts made available
under subsection (a), the Foundation may accept Federal funds from
a Federal agency under any other Federal law for use by the
Foundation to further the assessment, prevention, reduction, and
removal of marine debris in accordance with the requirements of
this title.
(2) Use of funds accepted from federal agencies.--Federal funds
provided to the Foundation under paragraph (1) shall be used by the
Foundation for matching, in whole or in part, contributions
(whether in currency, services, or property) made to the Foundation
by private persons and State and local government agencies.
(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying
Expenses.--Amounts provided as a grant by the Foundation shall not be
used for--
(1) any expense related to litigation consistent with Federal-
wide cost principles; or
(2) any activity the purpose of which is to influence
legislation pending before Congress consistent with Federal-wide
cost principles.
SEC. 119. TERMINATION OF AUTHORITY.
The authority of the Foundation under this subtitle shall terminate
on the date that is 10 years after the establishment of the Foundation,
unless the Foundation is reauthorized by an Act of Congress.
Subtitle C--Genius Prize for Save Our Seas Innovations
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Prize competition.--The term ``prize competition'' means
the competition for the award of the Genius Prize for Save Our Seas
Innovations established under section 122.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS.
(a) In General.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish under section
24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) a prize competition--
(A) to encourage technological innovation with the
potential to reduce plastic waste, and associated and potential
pollution, and thereby prevent marine debris; and
(B) to award 1 or more prizes biennially for projects that
advance human understanding and innovation in removing and
preventing plastic waste, in one of the categories described in
paragraph (2).
(2) Categories for projects.--The categories for projects are:
(A) Advancements in materials used in packaging and other
products that, if such products enter the coastal or ocean
environment, will fully degrade without harming the
environment, wildlife, or human health.
(B) Innovations in production and packaging design that
reduce the use of raw materials, increase recycled content,
encourage reusability and recyclability, and promote a circular
economy.
(C) Improvements in marine debris detection, monitoring,
and cleanup technologies and processes.
(D) Improvements or improved strategies to increase solid
waste collection, processing, sorting, recycling, or reuse.
(E) New designs or strategies to reduce overall packaging
needs and promote reuse.
(b) Designation.--The prize competition established under
subsection (a) shall be known as the ``Genius Prize for Save Our Seas
Innovations''.
(c) Prioritization.--In selecting awards for the prize competition,
priority shall be given to projects that--
(1) have a strategy, submitted with the application or
proposal, to move the new technology, process, design, material, or
other product supported by the prize to market-scale deployment;
(2) support the concept of a circular economy; and
(3) promote development of materials that--
(A) can fully degrade in the ocean without harming the
environment, wildlife, or human health; and
(B) are to be used in fishing gear or other maritime
products that have an increased likelihood of entering the
coastal or ocean environment as unintentional waste.
SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.
(a) In General.--The Secretary may offer to enter into an
agreement, which may include a grant or cooperative agreement, under
which the Marine Debris Foundation established under title I may
administer the prize competition.
(b) Requirements.--An agreement entered into under subsection (a)
shall comply with the following requirements:
(1) Duties.--The Marine Debris Foundation shall--
(A) advertise the prize competition;
(B) solicit prize competition participants;
(C) administer funds relating to the prize competition;
(D) receive Federal and non-Federal funds--
(i) to administer the prize competition; and
(ii) to award a cash prize;
(E) carry out activities to generate contributions of non-
Federal funds to offset, in whole or in part--
(i) the administrative costs of the prize competition;
and
(ii) the costs of a cash prize;
(F) in the design and award of the prize, consult, as
appropriate with experts from--
(i) Federal agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(ii) State agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(iii) State, regional, or local conservation or post-
consumer materials management organizations, the mission of
which relates to the prevention of marine debris or the
promotion of innovative materials;
(iv) conservation groups, technology companies,
research institutions, scientists (including those with
expertise in marine environments) institutions of higher
education, industry, or individual stakeholders with an
interest in the prevention of marine debris or the
promotion of innovative materials;
(v) experts in the area of standards development
regarding the degradation, breakdown, or recycling of
polymers; and
(vi) other relevant experts of the Board's choosing;
(G) in consultation with, and subject to final approval by,
the Secretary, develop criteria for the selection of prize
competition winners;
(H) provide advice and consultation to the Secretary on the
selection of judges under section 124 based on criteria
developed in consultation with, and subject to the final
approval of, the Secretary;
(I) announce 1 or more annual winners of the prize
competition;
(J) subject to paragraph (2), award 1 or more cash prizes
biennially of not less than $100,000; and
(K) protect against unauthorized use or disclosure by the
Marine Debris Foundation of any trade secret or confidential
business information of a prize competition participant.
(2) Additional cash prizes.--The Marine Debris Foundation may
award more than 1 cash prize in a year--
(A) if the initial cash prize referred to in paragraph
(1)(J) and any additional cash prizes are awarded using only
non-Federal funds; and
(B) consisting of an amount determined by the Under
Secretary after the Secretary is notified by the Marine Debris
Foundation that non-Federal funds are available for an
additional cash prize.
(3) Solicitation of funds.--The Marine Debris Foundation--
(A) may request and accept Federal funds and non-Federal
funds for a cash prize or administration of the prize
competition;
(B) may accept a contribution for a cash prize in exchange
for the right to name the prize; and
(C) shall not give special consideration to any Federal
agency or non-Federal entity in exchange for a donation for a
cash prize awarded under this section.
SEC. 124. JUDGES.
(a) Appointment.--The Secretary shall appoint not fewer than 3
judges who shall, except as provided in subsection (b), select the 1 or
more annual winners of the prize competition.
(b) Determination by the Secretary.--The judges appointed under
subsection (a) shall not select any annual winner of the prize
competition if the Secretary makes a determination that, in any fiscal
year, none of the technological advancements entered into the prize
competition merits an award.
SEC. 125. REPORT TO CONGRESS.
Not later than 60 days after the date on which a cash prize is
awarded under this title, the Secretary shall post on a publicly
available website a report on the prize competition that includes--
(1) if the Secretary has entered into an agreement under
section 123, a statement by the Marine Debris Foundation that
describes the activities carried out by the Marine Debris
Foundation relating to the duties described in section 123; and
(2) a statement by 1 or more of the judges appointed under
section 124 that explains the basis on which the winner of the cash
prize was selected.
SEC. 126. AUTHORIZATION OF APPROPRIATIONS.
Of the amounts authorized under section 118(a), the Secretary of
Commerce shall use up to $1,000,000 to carry out this subtitle.
SEC. 127. TERMINATION OF AUTHORITY.
The prize program will terminate after 5 prize competition cycles
have been completed.
Subtitle D--Studies, Pilot Projects, and Reports
SEC. 131. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC
WASTE.
Not later than 2 years after the date of enactment of this Act, the
Interagency Marine Debris Coordinating Committee shall submit to
Congress a report on innovative uses for plastic waste in consumer
products.
SEC. 132. REPORT ON MICROFIBER POLLUTION.
Not later than 2 years after the date of the enactment of this Act,
the Interagency Marine Debris Coordinating Committee shall submit to
Congress a report on microfiber pollution that includes--
(1) a definition of microfiber;
(2) an assessment of the sources, prevalence, and causes of
microfiber pollution;
(3) a recommendation for a standardized methodology to measure
and estimate the prevalence of microfiber pollution;
(4) recommendations for reducing microfiber pollution; and
(5) a plan for how Federal agencies, in partnership with other
stakeholders, can lead on opportunities to reduce microfiber
pollution during the 5-year period beginning on such date of
enactment.
SEC. 133. STUDY ON UNITED STATES PLASTIC POLLUTION DATA.
(a) In General.--The Under Secretary, in consultation with the EPA
Administrator and the Secretary of the Interior, shall seek to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies will
undertake a multifaceted study that includes the following:
(1) An evaluation of United States contributions to global
ocean plastic waste, including types, sources, and geographic
variations.
(2) An assessment of the prevalence of marine debris and
mismanaged plastic waste in saltwater and freshwater United States
navigable waterways and tributaries.
(3) An examination of the import and export of plastic waste to
and from the United States, including the destinations of the
exported plastic waste and the waste management infrastructure and
environmental conditions of these locations.
(4) Potential means to reduce United States contributions to
global ocean plastic waste.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Under Secretary shall submit to Congress a
report on the study conducted under subsection (a) that includes--
(1) the findings of the National Academies;
(2) recommendations on knowledge gaps that warrant further
scientific inquiry; and
(3) recommendations on the potential value of a national marine
debris tracking and monitoring system and how such a system might
be designed and implemented.
SEC. 134. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR
POLYMERS.
(a) In General.--The National Institute of Standards and Technology
shall conduct a study of available mass balance methodologies that are
or could be readily standardized to certify circular polymers.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Institute shall submit to Congress a report on the study
conducted under subsection (a) that includes--
(1) an identification and assessment of existing mass balance
methodologies, standards, and certification systems that are or may
be applicable to supply chain sustainability of polymers,
considering the full life cycle of the polymer, and including an
examination of--
(A) the International Sustainability and Carbon
Certification; and
(B) the Roundtable on Sustainable Biomaterials;
(2) an assessment of the environmental impacts of the full
lifecycle of circular polymers, including impacts on climate
change; and
(3) an assessment of any legal or regulatory barriers to
developing a standard and certification system for circular
polymers.
(c) Definitions.--In this section:
(1) Circular polymers.--The term ``circular polymers'' means
polymers that can be reused multiple times or converted into a new,
higher-quality product.
(2) Mass balance methodology.--The term ``mass balance
methodology'' means the method of chain of custody accounting
designed to track the exact total amount of certain content in
products or materials through the production system and to ensure
an appropriate allocation of this content in the finished goods
based on auditable bookkeeping.
SEC. 135. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR.
Not later than 2 years after the date of the enactment of this Act,
the Under Secretary shall submit to Congress a report that includes--
(1) an analysis of the scale of fishing gear losses by domestic
and foreign fisheries, including--
(A) how the amount of gear lost varies among--
(i) domestic and foreign fisheries;
(ii) types of fishing gear; and
(iii) methods of fishing;
(B) how lost fishing gear is transported by ocean currents;
and
(C) common reasons fishing gear is lost;
(2) an evaluation of the ecological, human health, and maritime
safety impacts of derelict fishing gear, and how those impacts vary
across--
(A) types of fishing gear;
(B) materials used to construct fishing gear; and
(C) geographic location;
(3) recommendations on management measures--
(A) to prevent fishing gear losses; and
(B) to reduce the impacts of lost fishing gear;
(4) an assessment of the cost of implementing such management
measures; and
(5) an assessment of the impact of fishing gear loss
attributable to foreign countries.
SEC. 136. EXPANSION OF DERELICT VESSEL RECYCLING.
Not later than 1 year after the date of the enactment of this Act,
the Under Secretary and the EPA Administrator shall jointly conduct a
study to determine the feasibility of developing a nationwide derelict
vessel recycling program--
(1) using as a model the fiberglass boat recycling program from
the pilot project in Rhode Island led by Rhode Island Sea Grant and
its partners; and
(2) including, if possible, recycling of vessels made from
materials other than fiberglass.
SEC. 137. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC
FOUND AT SEA.
(a) In General.--The Under Secretary shall establish a pilot
program to assess the feasibility and advisability of providing
incentives, such as grants, to fishermen based in the United States who
incidentally capture marine debris while at sea--
(1) to track or keep the debris on board; and
(2) to dispose of the debris properly on land.
(b) Support for Collection and Removal of Derelict Gear.--The Under
Secretary shall encourage United States efforts, such as the Fishing
for Energy net disposal program, that support--
(1) collection and removal of derelict fishing gear and other
fishing waste;
(2) disposal or recycling of such gear and waste; and
(3) prevention of the loss of such gear.
TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
SEC. 201. 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 reducing the generation of
plastic waste and recovering, managing, reusing, and recycling
plastic waste, marine debris, and microfiber pollution in the
world's oceans, emphasizing upstream post-consumer materials
management solutions--
(i) to decrease 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. 202. 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 201; 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 and
the reduction of plastic waste;
(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 reduce, 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 reduction; 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 Commandant of the Coast Guard, with respect to
pollution from ships.
(8) 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 201.
(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. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA.
In implementing the policy described in section 201, 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 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, compostable, reusable, and repurposed plastic waste
materials and post-consumer 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 alternatives to
disposable plastic products; 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 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 for--
(i) collecting, disposing, recycling, and reusing
plastic waste and post-consumer materials, including
building capacity for improving post-consumer materials
management; and
(ii) integrating alternatives to disposable plastic
products, to the extent practicable;
(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 reduce plastic
waste and 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, compostable, 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. 204. 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. 205. 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 203;
(2) describing the provisions that could be included in such
agreements; and
(3) assessing potential parties to such agreements.
SEC. 206. 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.
TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT
AND WATER MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the EPA Administrator shall, in consultation with
stakeholders, develop a strategy to improve post-consumer materials
management and infrastructure for the purpose of reducing plastic waste
and other post-consumer materials in waterways and oceans.
(b) Release.--On development of the strategy under subsection (a),
the EPA Administrator shall--
(1) distribute the strategy to States; and
(2) make the strategy publicly available, including for use
by--
(A) for-profit private entities involved in post-consumer
materials management; and
(B) other nongovernmental entities.
SEC. 302. GRANT PROGRAMS.
(a) Post-Consumer Materials Management Infrastructure Grant
Program.--
(1) In general.--The EPA Administrator may provide grants to
States to implement the strategy developed under section 301(a)
and--
(A) to support improvements to local post-consumer
materials management, including municipal recycling programs;
and
(B) to assist local waste management authorities in making
improvements to local waste management systems.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), the applicant State shall submit to the EPA
Administrator an application at such time, in such manner, and
containing such information as the EPA Administrator may require.
(3) Contents of applications.--In developing application
requirements, the EPA Administrator shall consider requesting that
a State applicant provide--
(A) a description of--
(i) the project or projects to be carried out using
grant funds; and
(ii) how the project or projects would result in the
generation of less plastic waste;
(B) a description of how the funds will support
disadvantaged communities; and
(C) an explanation of any limitations, such as flow control
measures, that restrict access to reusable or recyclable
materials.
(4) Report to congress.--Not later than January 1, 2023, the
EPA Administrator shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the
House of Representatives a report that includes--
(A) a description of the activities carried out under this
subsection;
(B) estimates as to how much plastic waste was prevented
from entering the oceans and other waterways as a result of
activities funded pursuant to this subsection; and
(C) a recommendation on the utility of evolving the grant
program into a new waste management State revolving fund.
(b) Drinking Water Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide competitive
grants to units of local government, Indian Tribes, and public
water systems (as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f)) to support improvements in reducing and
removing plastic waste and post-consumer materials, including
microplastics and microfibers, from drinking water or sources of
drinking water, including planning, design, construction, technical
assistance, and planning support for operational adjustments.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator
an application at such time, in such manner, and containing such
information as the EPA Administrator may require.
(c) Wastewater Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide grants to
municipalities (as defined in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362)) or Indian Tribes that own
and operate treatment works (as such term is defined in section 212
of such Act (33 U.S.C. 1292)) for the construction of improvements
to reduce and remove plastic waste and post-consumer materials,
including microplastics and microfibers, from wastewater.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator
an application at such time, in such manner, and containing such
information as the EPA Administrator may require.
(d) Trash-Free Waters Grants.--
(1) In general.--The EPA Administrator may provide grants to
units of local government, Indian Tribes, and nonprofit
organizations--
(A) to support projects to reduce the quantity of solid
waste in bodies of water by reducing the quantity of waste at
the source, including through anti-litter initiatives;
(B) to enforce local post-consumer materials management
ordinances;
(C) to implement State or local policies relating to solid
waste;
(D) to capture post-consumer materials at stormwater
inlets, at stormwater outfalls, or in bodies of water;
(E) to provide education and outreach about post-consumer
materials movement and reduction; and
(F) to monitor or model flows of post-consumer materials,
including monitoring or modeling a reduction in trash as a
result of the implementation of best management practices for
the reduction of plastic waste and other post-consumer
materials in sources of drinking water.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator
an application at such time, in such manner, and containing such
information as the EPA Administrator may require.
(e) Applicability of Federal Law.--
(1) In general.--The EPA Administrator shall ensure that all
laborers and mechanics employed on projects funded directly, or
assisted in whole or in part, by a grant established by this
section shall be paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of chapter
31 of part A of subtitle II of title 40, United States Code.
(2) Authority.--With respect to the labor standards specified
in paragraph (1), the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of 1950
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(3) Requirements.--The requirements of section 608 of the
Federal Water Pollution Control Act (33 U.S.C. 1388) shall apply to
the construction of a project carried out, in whole or in part,
with assistance made available under this section in the same
manner as the requirements of such section apply with respect to
funds made available pursuant to title VI of such Act.
(f) Limitation on Use of Funds.--A grant under this section may not
be used (directly or indirectly) as a source of payment (in whole or in
part) of, or security for, an obligation the interest on which is
excluded from gross income under section 103 of the Internal Revenue
Code of 1986.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) for the program described subsection (a), $55,000,000 for
each of fiscal years 2021 through 2025; and
(2) for each of the programs described subsections (b), (c),
and (d), $10,000,000 for each of fiscal years 2021 through 2025.
SEC. 303. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE.
(a) In General.--The Secretary of Transportation (referred to in
this section as the ``Secretary'') and the EPA Administrator shall
jointly enter into an arrangement with the National Academies of
Sciences, Engineering, and Medicine under which the National Academies
will--
(1) conduct a study on the uses of plastic waste in
infrastructure; and
(2) as part of the study under paragraph (1)--
(A) identify domestic and international examples of--
(i) the use of plastic waste materials described in
that paragraph;
(ii) infrastructure projects in which the use of
plastic waste has been applied; and
(iii) projects in which the use of plastic waste has
been incorporated into or with other infrastructure
materials;
(B) assess--
(i) the effectiveness and utility of the uses of
plastic waste described in that paragraph;
(ii) the extent to which plastic waste materials are
consistent with recognized specifications for
infrastructure construction and other recognized standards;
(iii) relevant impacts of plastic waste materials
compared to non-waste plastic materials;
(iv) the health, safety, and environmental impacts of--
(I) plastic waste on humans and animals; and
(II) the increased use of plastic waste for
infrastructure;
(v) the ability of plastic waste infrastructure to
withstand natural disasters, extreme weather events, and
other hazards; and
(vi) plastic waste in infrastructure through an
economic analysis; and
(C) make recommendations with respect to what standards or
matters may need to be addressed with respect to ensuring human
and animal health and safety from the use of plastic waste in
infrastructure.
(b) Report Required.--Not later than 2 years after the date of
enactment of this Act and subject to the availability of
appropriations, the Secretary and the EPA Administrator shall submit to
Congress a report on the study conducted under subsection (a).
SEC. 304. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND
SOURCES OF DRINKING WATER.
(a) In General.--The EPA Administrator, in consultation with the
Under Secretary, shall seek to enter into an arrangement with the
National Academies of Sciences, Engineering, and Medicine under which
the National Academies will conduct a human health and environmental
risk assessment on microplastics, including microfibers, in food
supplies and sources of drinking water.
(b) Report Required.--Not later than 2 years after the date of
enactment of this Act, the EPA Administrator shall submit to Congress a
report on the study conducted under subsection (a) that includes--
(1) a science-based definition of ``microplastics'' that can be
adopted in federally supported monitoring and future assessments
supported or conducted by a Federal agency;
(2) recommendations for standardized monitoring, testing, and
other necessary protocols relating to microplastics;
(3) an assessment of--
(A) the extent to which microplastics are present in the
food supplies and sources of drinking water; and
(B) the type, source, prevalence, and risk of microplastics
in the food supplies and sources of drinking water, including--
(i) an identification of the most significant sources
of those microplastics; and
(ii) a review of the best available science to
determine any potential hazards of microplastics in the
food supplies and sources of drinking water; and
(4) a measurement of--
(A) the quantity of environmental chemicals that adsorb to
microplastics; and
(B) the quantity described in subparagraph (A) that would
be available for human exposure through food supplies or
sources of drinking water.
SEC. 305. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION
OF RECYCLABLE MATERIALS.
Not later than 1 year after the date of enactment of this Act, the
EPA Administrator shall submit to Congress a report describing--
(1) the economic, educational, technological, resource
availability, legal, or other barriers to increasing the
collection, processing, and use of recyclable materials; and
(2) recommendations to overcome the barriers described under
paragraph (1).
SEC. 306. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW
END-USE MARKETS FOR RECYCLED PLASTICS.
Not later than 1 year after the date of enactment of this Act, the
EPA Administrator shall submit to Congress a report describing the most
efficient and effective economic incentives to spur the development of
additional new end-use markets for recycled plastics, including plastic
film, including the use of increased recycled content by manufacturers
in the production of plastic goods and packaging.
SEC. 307. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE.
(a) In General.--The EPA Administrator, in coordination with the
Interagency Marine Debris Coordinating Committee and the National
Institute of Standards and Technology, shall conduct a study on
minimizing the creation of new plastic waste.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the EPA Administrator shall submit to Congress a report on
the study conducted under subsection (a) that includes--
(1) an estimate of the current and projected United States
production and consumption of plastics, by type of plastic,
including consumer food products;
(2) an estimate of the environmental effects and impacts of
plastic production and use in relation to other materials;
(3) an estimate of current and projected future recycling rates
of plastics, by type of plastic;
(4) an assessment of opportunities to minimize the creation of
new plastic waste, including consumer food products, by reducing,
recycling, reusing, refilling, refurbishing, or capturing plastic
that would otherwise be part of a waste stream; and
(5) an assessment of what post-consumer recycled content
standards for plastic are technologically and economically
feasible, and the impact of the standards on recycling rates.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.