S.1982 - Save Our Seas 2.0 Act116th Congress (2019-2020) |
|Sponsor:||Sen. Sullivan, Dan [R-AK] (Introduced 06/26/2019)|
|Committees:||Senate - Commerce, Science, and Transportation | House - Transportation and Infrastructure; Natural Resources; Foreign Affairs; Energy and Commerce; Science, Space, and Technology; Agriculture|
|Committee Meetings:||11/13/19 10:00AM|
|Latest Action:||Senate - 10/19/2020 Message on House action received in Senate and at desk: House amendment to Senate bill. (All Actions)|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- To President
- Became Law
Text: S.1982 — 116th Congress (2019-2020)All Information (Except Text)
Text available as:
Engrossed Amendment House (10/01/2020)
In the House of Representatives, U. S.,
October 1, 2020.
Resolved, That the bill from the Senate (S. 1982) entitled “An Act to improve efforts to combat marine debris, and for other purposes.”, do pass with the following
(b) Table of contents.—The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Amendments to the Marine Debris Act.
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.
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.
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.
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.
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.
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—
(B) enable resources used in such processes and activities to maintain their highest values for as long as possible; and
(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
(7) NON-FEDERAL FUNDS.—The term “non-Federal funds” means funds provided by—
(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));
(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—
(C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and
(10) STATE.—The term “State” means—
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)—
(3) by adding at the end the following:
“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
(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
(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.
(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
(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—
(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.
(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—
(B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this title; and
(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—
(a) In general.—The Foundation—
(2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; and
(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.
(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;
(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;
(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
(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.
(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.
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.
(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
(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 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.
(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) 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—
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.
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.
(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
(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.
(D) Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or 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;
(3) promote development of materials that—
(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—
(D) receive Federal and non-Federal funds—
(E) carry out activities to generate contributions of non-Federal funds to offset, in whole or in part—
(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
(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;
(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
(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;
(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.
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
Of the amounts authorized under section 118(a), the Secretary of Commerce shall use up to $1,000,000 to carry out this subtitle.
The prize program will terminate after 5 prize competition cycles have been completed.
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.
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—
(3) a recommendation for a standardized methodology to measure and estimate the prevalence of microfiber pollution;
(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.
(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—
(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—
(2) an assessment of the environmental impacts of the full lifecycle of circular polymers, including impacts on climate change; and
(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.
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—
(2) an evaluation of the ecological, human health, and maritime safety impacts of derelict fishing gear, and how those impacts vary across—
(3) recommendations on management measures—
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
(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—
(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—
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
(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—
(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
(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
(C) to reduce marine debris by improving advance planning for marine debris events and responses to such events; and
(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)—
(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
(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;
(b) Officials specified.—The officials specified in this subsection are the following:
(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.
(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—
(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.
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—
(B) to utilize safe and affordable alternatives to disposable plastic products, to the extent practicable;
(4) provide technical assistance to foreign regulatory authorities and governments to remove unnecessary barriers to investment in otherwise commercially-viable projects related to—
(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—
(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
(C) encouraging the development of standards and practices, and increasing recycled content percentage requirements for disposable plastic products;
(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
(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—
(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.
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;
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
(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—
(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
(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—
(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—
(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
(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.
(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.
(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;
(D) to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(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
(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—
(2) as part of the study under paragraph (1)—
(A) identify domestic and international examples of—
(ii) the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards;
(iv) the health, safety, and environmental impacts of—
(v) the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and
(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—
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
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.
(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;
(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