[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1982 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1982
To improve efforts to combat marine debris, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2019
Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, Ms. Murkowski,
Mr. Portman, Mr. Booker, Mr. Murphy, Mr. Carper, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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'' or the ``SOS 2.0 Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE
Subtitle A--Marine Debris Response Trust Fund
Sec. 101. Marine Debris Response Trust Fund.
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.
Subtitle C--Genius Prize for Save Our Seas Innovations
Sec. 121. Definitions.
Sec. 122. Genius prize for Save Our Seas Innovations.
Sec. 123. Save Our Seas Innovation Steering Committee.
Sec. 124. Agreement with the Marine Debris Foundation.
Sec. 125. Judges.
Sec. 126. Report to Congress.
Sec. 127. Authorization of appropriations.
Sec. 128. Termination of authority.
Subtitle D--Other Measures Relating to Combating Marine Debris
Sec. 131. Prioritization of marine debris in existing innovation and
entrepreneurship programs.
Sec. 132. Expansion of derelict vessel recycling.
Sec. 133. Incentive for fishermen to collect and dispose of plastic
found at sea.
Sec. 134. Amendments to Marine Debris Program.
Sec. 135. Marine debris on National Forest System land.
Subtitle E--Studies and Reports
Sec. 141. Report on opportunities for innovative uses of plastic waste.
Sec. 142. Report on microfiber pollution.
Sec. 143. Study on United States plastic pollution data.
Sec. 144. Report on minimizing the creation of new plastic waste.
Sec. 145. Study on mass balance methodologies to certify circular
polymers.
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. Definitions.
Sec. 302. Strategy for improving waste management, recycling, and water
management.
Sec. 303. Waste management State revolving funds.
Sec. 304. Grant programs.
Sec. 305. Study on repurposing plastic waste in infrastructure.
Sec. 306. Study on options to advance technologies for converting
plastic waste to chemicals, feedstocks, and
other products.
Sec. 307. Study on effects of microplastics in food supplies and
sources of drinking water.
Sec. 308. Report on eliminating barriers to increase the collection of
recyclable materials.
Sec. 309. Report on economic incentives to spur development of new end-
use markets for recycled plastics.
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).
(4) 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).
(5) 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.
(6) 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 private for-profit entity;
(F) a nonprofit organization; or
(G) a private individual.
(7) 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.
(8) State.--The term ``State'' means--
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia; and
(D) a territory or possession of the United States.
(9) 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.
(10) Waste management.--The term ``waste management'' means
the systems, operation, supervision, and aftercare of processes
and equipment used for waste--
(A) collection;
(B) transport;
(C) recovery;
(D) reuse;
(E) recycling; and
(F) safe disposal of waste when recovery, reuse, or
recycling are not otherwise available.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) eliminating plastic waste from the oceans requires a
multi-faceted approach, including waste reduction and
prevention, reuse and recycling, and innovation;
(2) both domestic and international efforts are required to
make progress in combating marine debris;
(3) efforts by States, communities, and corporations to
minimize the use of single-use plastic products have been
successful in raising awareness of the marine debris issue; and
(4) while we make progress toward a more sustainable
future, we must recognize that there is significant amount of
plastic waste that has already been created that must be
prevented from entering the oceans through recycling, reuse,
repurposing, and other innovative means.
TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE
Subtitle A--Marine Debris Response Trust Fund
SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Marine Debris
Response Trust Fund', consisting of such amounts as may be appropriated
or credited to the Trust Fund as provided in this section.
``(b) Purposes of Trust Fund.--
``(1) In general.--Amounts in the Marine Debris Response
Trust Fund shall be available for the National Oceanic and
Atmospheric Administration to respond to a marine debris event
described in paragraph (2), which may include--
``(A) monitoring, response, and prevention;
``(B) providing funding to States, territories,
Tribes, and other United States Government and
nongovernmental organizations supporting prevention,
cleanup, and response efforts; or
``(C) administrative costs relating to distributing
amounts from the Trust Fund.
``(2) Marine debris event described.--A marine debris event
described in this paragraph is an event that affects or may
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.
``(c) Limitations on Expenditures.--
``(1) Maximum per event.--The maximum amount that may be
paid from the Marine Debris Response Trust Fund with respect to
any single event may not exceed $100,000,000.
``(2) Minimum balance.--A payment may be made from the
Marine Debris Response Trust Fund only if the amount in the
Trust Fund after the payment will not be less than $1,000,000.
``(3) Maximum balance.--Amounts in the Marine Debris
Response Trust Fund may not exceed $500,000,000.
``(d) Initial Funding.--There are authorized to be appropriated to
the Marine Debris Response Trust Fund $2,000,000 for fiscal year 2020
to establish the Trust Fund.
``(e) Authority To Borrow.--
``(1) In general.--There are authorized to be appropriated
to the Marine Debris Response Trust Fund, as repayable
advances, such sums as may be necessary to carry out the
purposes of the Trust Fund.
``(2) Limitation on amount outstanding.--The maximum
aggregate amount of repayable advances to the Marine Debris
Response Trust Fund outstanding at any one time may not exceed
$1,000,000.
``(3) Repayment of advances.--
``(A) In general.--Advances made to the Marine
Debris Response Trust Fund shall be repaid, and
interest on such advances shall be paid, to the general
fund of the Treasury when the Secretary of Commerce, in
consultation with the Secretary of the Treasury,
determines that amounts are available for such purposes
in the Trust Fund.
``(B) Final repayment.--No advance may be made to
the Marine Debris Response Trust Fund after September
30, 2035, and all advances to such Fund shall be repaid
on or before that date.
``(C) Rate of interest.--Interest on advances made
pursuant to this subsection shall be--
``(i) at a rate determined by the Secretary
of the Treasury (as of the close of the
calendar month preceding the month in which the
advance is made) to be equal to the current
average market yield on outstanding marketable
obligations of the United States with remaining
periods to maturity comparable to the
anticipated period during which the advance
will be outstanding, and
``(ii) compounded annually.
``(f) Availability of Funds.--Amounts in the Marine Debris Response
Trust Fund shall--
``(1) be available without fiscal year limitation and
without apportionment; and
``(2) shall supplement and not supplant other amounts
available for responding to marine debris events.
``(g) Investment.--The Secretary of the Treasury shall invest
amounts in the Marine Debris Response Trust Fund in interest bearing
obligations of the United States to the extent such amounts are not
required to meet current withdrawals. Interest earned by such
investments shall be credited to, and become a part of, the Trust Fund.
``(h) Administration.--The Under Secretary of Commerce for Oceans
and Atmosphere shall prescribe regulations--
``(1) providing for a process for submitting a claim to the
Marine Debris Response Trust Fund and for distributing amounts
from the Trust Fund pursuant to those claims; and
``(2) providing guidance with respect to what constitutes
an event for which amounts will be distributed from the Trust
Fund.
``(i) Liability of the United States Limited to Amount in Trust
Fund.--
``(1) In general.--Any claim filed against the Marine
Debris Response Trust Fund may be paid only out of the Trust
Fund.
``(2) Order in which unpaid claims are to be paid.--If at
any time the Marine Debris Response Trust Fund has insufficient
funds to pay all of the claims out of the Trust Fund at such
time, such claims shall, to the extent permitted under
paragraph (1), be paid in full in the order in which they were
finally determined.
``(j) Non-Federal Contributions to the Trust Fund.--
``(1) In general.--A gift, award, devise, or bequest, and
non-Federal amounts from legal judgments or settlements may be
accepted by the Marine Debris Response Trust Fund 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 Trust Fund.
``(2) Foreign gifts.--Any gifts, awards, devises, or
bequests given to or received from a person in a foreign
country by or to the Marine Debris Response Trust Fund 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.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following:
``Sec. 9512. Marine Debris Response Trust Fund.''.
Subtitle B--Marine Debris Foundation
SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.
(a) Establishment.--There is established the Marine Debris
Foundation (in this subtitle 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
further the 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; and
(4) 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 subtitle 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 waste management, recycling, reuse, 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.--Subject to subparagraph (B), each
Director (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 Secretary shall appoint, not later
than 180 days after the date of the enactment of this
Act--
(i) four Directors for a term of 6 years;
(ii) four Directors for a term of 4 years;
and
(iii) four 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 (other than an individual
described in paragraph (1)) shall not serve more than 2
consecutive terms as a Director, excluding any term of less
than 6 years.
(5) Request for removal.--The executive committee of the
Board may submit to the Under Secretary a letter describing the
nonperformance of a Director and requesting the removal of the
Director from the Board.
(6) Consultation before removal.--Before removing any
Director from the Board, the Under Secretary shall consult 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 subtitle; and
(C) undertaking of other such acts as may be
necessary to carry out the provisions of this subtitle.
(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;
(3) shall have its principal offices in the District of
Columbia or in a county in the State of Maryland or Virginia
that borders on the District of Columbia; and
(4) 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)(4), or mailed to
the business address of such agent, shall be deemed as service upon or
notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(d) 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 subtitle, 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.
(e) 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.
(f) 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.
(g) 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 Foundation may reimburse the Under
Secretary 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 subtitle.
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 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 subtitle, 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 Secretary of Commerce such sums as may be necessary to
carry out this subtitle for each of fiscal years 2020 through
2025.
(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 authorized to
be appropriated 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 subtitle.
(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.
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.--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--
(1) to encourage technological innovation with the
potential to reduce plastic waste and thereby prevent marine
debris; and
(2) to award 1 or more prizes biennially for projects that
advance human understanding and innovation in removing and
preventing plastic waste, including--
(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) technological improvements or improved
strategies to increase solid waste collection,
processing, sorting, recycling, reuse, or repurposing;
and
(E) new designs or strategies to reduce overall
packaging needs.
(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. SAVE OUR SEAS INNOVATION STEERING COMMITTEE.
(a) Establishment.--The Secretary shall establish a steering
committee, to be known as the ``Save Our Seas Innovation Steering
Committee'' (in this subtitle referred as the ``Committee'') to provide
expert advice and recommendations in the establishment of the prize
competition, selection of awardees, and analysis of the successes of
the prize competition.
(b) Duties.--Subject to subsection (d), with respect to the prize
competition, the Committee shall--
(1) select a topic;
(2) issue a problem statement; and
(3) advise the Secretary on any opportunity for market-
scale development of technological innovation to prevent marine
plastic debris and promote the development of materials that
fully degrade in ocean and coastal environments without harming
the environment, wildlife, or human health.
(c) Competition Judges.--A member of the Committee may serve as a
judge for the prize competition under section 125.
(d) Administrative Cost Reduction.--The Committee shall, to the
maximum extent practicable, minimize the administrative costs of the
Committee, including by encouraging remote participation to reduce
travel costs.
(e) Consultation.--In selecting a topic and issuing a problem
statement for the prize competition under subparagraphs (A) and (B) of
subsection (b)(1), respectively, the Committee shall consult widely
with Federal and non-Federal stakeholders, including--
(1) 1 or more Federal agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(2) 1 or more State agencies with jurisdiction over the
prevention of marine debris or the promotion of innovative
materials;
(3) 1 or more State, regional, or local conservation or
waste management organizations, the mission of which relates to
the prevention of marine debris or the promotion of innovative
materials;
(4) 1 or more conservation groups, technology companies,
research institutions, institutions of higher education,
industry associations, or individual stakeholders with an
interest in the prevention of marine debris or the promotion of
innovative materials;
(5) 1 or more experts in the area of standards development
regarding the degradation, breakdown, or recycling of polymers;
and
(6) experts in the following areas:
(A) Polymer chemistry.
(B) Wildlife conservation and management.
(C) Marine biology or animal science.
(D) Waste management.
(E) Technology development.
(F) Engineering.
(G) Lifecycle assessment.
(H) Economics.
(I) Recycling.
(J) Business development and management.
(K) Marine environmental chemistry.
(L) Any other discipline that the Secretary
determines to be necessary to achieve the purposes of
this subtitle.
(f) Nonapplicability of the Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Committee.
(2) Applicability of financial disclosure requirements.--
Notwithstanding paragraph (1), section 208(b)(3) of title 18,
United States Code, shall apply with respect to Government
employees serving on the Committee.
SEC. 124. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.
(a) In General.--The Secretary shall offer to enter into an
agreement, which may include a grant or cooperative agreement, under
which the Marine Debris Foundation established under subtitle B shall
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 consultation with, and subject to final
approval by, the Secretary, develop criteria for the
selection of prize competition winners;
(G) provide advice and consultation to the
Secretary on the selection of judges under section 125
based on criteria developed in consultation with, and
subject to the final approval of, the Secretary;
(H) announce 1 or more annual winners of the prize
competition;
(I) subject to paragraph (2), award 1 or more cash
prizes biennially of not less than $100,000; and
(J) 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)(I) 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. 125. 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. 126. REPORT TO CONGRESS.
Not later than 60 days after the date on which a cash prize is
awarded under this subtitle, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of Representatives a
report on the prize competition that includes--
(1) a statement by the Committee that describes the
activities carried out by the Committee relating to the duties
described in section 123;
(2) if the Secretary has entered into an agreement under
section 124, 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
(3) a statement by 1 or more of the judges appointed under
section 125 that explains the basis on which the winner of the
cash prize was selected.
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated such
sums as may be necessary for expenses, including administrative
expenses, relating to the prize competition.
(b) Reimbursement of Expenses.--Members of the Committee and judges
appointed under section 125 shall serve without pay, but may be
reimbursed for the actual and necessary traveling and subsistence
expenses.
SEC. 128. TERMINATION OF AUTHORITY.
The prize program will terminate after 5 prize competition cycles
have been completed.
Subtitle D--Other Measures Relating to Combating Marine Debris
SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND
ENTREPRENEURSHIP PROGRAMS.
The Secretary of Commerce, the Secretary of Energy, the EPA
Administrator, and the heads of other relevant Federal agencies, shall
prioritize efforts to combat marine debris in innovation and
entrepreneurship programs established before the date of the enactment
of this Act, including by using such programs to increase innovation in
and the effectiveness of waste management, monitoring, detection, data-
sharing related to the prevalence and location of marine debris, demand
for recycled content, alternative uses for plastic waste, product
design, reduction of disposable plastic consumer products and
packaging, ocean biodegradable materials development, waste prevention,
and cleanup.
SEC. 132. 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. 133. 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.
SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM.
(a) Authorization of Appropriations.--Section 9(a) of the Marine
Debris Act (33 U.S.C. 1958(a)) is amended by--
(1) striking ``$10,000,000'' and inserting ``$15,000,000'';
and
(2) striking ``5 percent'' and inserting ``7 percent''.
(b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33
U.S.C. 1951) is amended 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),''.
(c) Technical Corrections.--Section 3(d)(2) of the Marine Debris
Act (33 U.S.C. 1952(d)(2)) is amended--
(1) in subparagraph (B), by striking ``the matching
requirement under subparagraph (A)'' and inserting ``a matching
requirement under subparagraph (A) or (C)''; and
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``Notwithstanding subparagraph (A)'' and
inserting ``Notwithstanding subparagraph (A) and except as
provided in subparagraph (B)''.
SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND.
(a) Special-Use Authorization.--The Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall not require a
volunteer organization to obtain a special-use authorization for the
removal of any marine debris being stored on National Forest System
land.
(b) Temporary Storage.--Marine debris may be stored on National
Forest System land in a location determined by the Secretary for not
more than 60 days.
(c) Requirements.--Except as otherwise provided in this section,
any activities related to the removal of marine debris from National
Forest System land shall be conducted in a manner consistent with
applicable law and regulations and subject to such reasonable terms and
conditions as the Secretary may require.
Subtitle E--Studies and Reports
SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE.
Not later than 2 years after the date of the enactment of this Act,
the Marine Debris Coordinating Committee established under section 5 of
the Marine Debris Act (33 U.S.C. 1954) (in this subtitle referred to as
the ``Interagency Marine Debris Coordinating Committee'') shall submit
to Congress a report on innovative uses for plastic waste other than in
infrastructure.
SEC. 142. 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 for ``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. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA.
(a) In General.--The Under Secretary, in consultation with the EPA
Administrator, 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 waterways.
(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. 144. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE.
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 minimizing the creation of new plastic waste.
SEC. 145. 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; and
(2) 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.
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 marine debris; and
(B) the upstream and downstream causes and effects
of plastic waste, mismanaged waste, and marine debris
on marine environments, marine wildlife, human health,
and economic development;
(2) to support--
(A) strengthening systems for recovering, managing,
reusing (to the extent practicable), and recycling
plastic waste, marine debris, and microfiber pollution
in the world's oceans, emphasizing upstream waste
management solutions--
(i) to mitigate 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 municipal solid
waste streams through mechanical and other recycling
systems;
(D) access to information on best practices in
waste management, options for waste system 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 waste 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 waste management
systems;
(ii) monitor and track how well waste
management systems are functioning nationwide,
based on uniform and transparent standards
developed in cooperation with municipal,
industrial, and civil society stakeholders;
(iii) identify waste management systems'
operational challenges 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;
(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 management best practices and waste collection
services in foreign countries by--
(i) maximizing the number of people and
businesses, in both rural and urban
communities, receiving reliable solid waste
management services and using safe and
responsible practices for properly disposing,
including recycling or reusing waste materials;
(ii) improving and expanding the capacity
of foreign industries to responsibly manage
waste;
(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 waste management practices and lead
to improper waste disposal practices and
leakage;
(v) building the capacity of countries--
(I) to monitor, regulate, and
manage waste, plastic waste, and
pollution appropriately and
transparently;
(II) to encourage private
investment in waste management,
including collection services and
responsible and beneficial reuse of
plastic waste products; and
(III) to encourage private
investment, grow opportunities, and
develop markets for recyclable,
reusable, and repurposed plastic waste
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 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--
(1) rapidly developing economies; and
(2) rivers and coastal areas that are the most severe
sources of marine debris.
(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 (such as the United Nations
Environment Programme, the Association of Southeast Asian Nations, the
Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, 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 waste management and plastic waste
elimination and mitigation projects and services that increase
access to safe waste management and mitigation services, in
partnership with the private sector and consistent with the
constraints of other countries;
(2) address the waste management needs of individuals and
communities where access to municipal waste management services
is historically impractical or cost-prohibitive;
(3) enhance coordination with the private sector--
(A) to increase access to solid waste management
services;
(B) to utilize safe and affordable reusable
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, reusable, and repurposed
plastic waste 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) waste management including recycling;
(B) the use of safe and affordable reusable
alternatives to disposable plastic products, to the
extent practicable; or
(C) beneficial reuse of solid waste, plastic waste,
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 for
collecting, disposing, recycling, and reusing plastic
waste, including building capacity for improving waste
management at the national and subnational levels of
foreign countries, particularly countries with little
to no solid waste management systems, facilities, or
policies in place;
(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 waste 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 combat marine debris;
(G) collaborating on technological advances in
waste management and recycled plastics;
(H) growing economic opportunities and developing
markets for recyclable, reusable, and repurposed
plastic waste 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) plastic waste; and
(iii) 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. DEFINITIONS.
In this title:
(1) Intended use plan.--The term ``intended use plan''
means a plan developed by a State under section 303(c)(1).
(2) State.--The term ``State'' means--
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia; and
(D) a territory or possession of the United States.
(3) State loan fund.--The term ``State loan fund'' means a
waste management revolving loan fund established by a State
under section 303(a)(2)(B).
(4) 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).
SEC. 302. STRATEGY FOR IMPROVING WASTE MANAGEMENT, RECYCLING, 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 waste management and
recycling infrastructure, particularly for waste management and
recycling infrastructure systems not meeting national standards under
subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and
other waste standards, for the purpose of reducing potential leakage of
plastic waste and other solid waste into waterways and oceans.
(b) Release.--On development of the strategy under subsection (a),
the EPA Administrator shall--
(1) distribute the strategy to States and units of local
government; and
(2) make the strategy publicly available for use by--
(A) for-profit private waste management and
recycling entities; and
(B) other nongovernmental entities.
(c) Sense of Congress.--It is the sense of Congress that the
strategy under subsection (a) should include guidance, for the purpose
of reducing potential leakage of plastic waste and other solid waste
into waterways and oceans, relating to--
(1) the harmonization of waste collection protocols;
(2) the harmonization of recycling protocols for municipal
recycling programs, including--
(A) best practices for the collection of
residential recyclables;
(B) improved quality and sorting of recyclable
materials through opportunities such as--
(i) education and awareness programs;
(ii) improved infrastructure, including new
equipment and innovative technologies for
processing of recyclable materials;
(iii) enhanced markets for recycled
material; and
(iv) standardized measurements; and
(C) increasing capacity for more types of plastic
(including plastic films) and other materials to be
collected, processed, and recycled or repurposed into
usable materials or products;
(3) the development of new strategies and programs that
prioritize engagement and cooperation with States and the
private sector to expedite efforts and assistance in States to
partner with, encourage, advise, and facilitate the development
and execution, where practicable, of projects, programs, and
initiatives--
(A) to improve the capacity, security, and
standards of operations of waste management systems;
(B) to monitor and track how well waste management
systems are functioning, based on uniform and
transparent standards developed in cooperation with
municipal, industrial, Federal, and civil society
stakeholders;
(C)(i) to identify the operational challenges of
waste management systems; and
(ii) to develop policy and programmatic solutions
to those challenges; and
(D) to end intentional and unintentional incentives
for municipalities, industries, and individuals to
improperly dispose of municipal solid waste; and
(4) strengthening markets for products with high levels of
recycled plastic content.
(d) Complementary Activities.--It is the sense of Congress that the
strategy developed under subsection (a) should include guidance on
activities that are complementary to the activities described in
subsection (c), such as--
(1) reducing waste at the source of the waste, including
anti-litter initiatives;
(2) developing effective trash provisions for--
(A) national pollutant discharge elimination system
permits issued to municipal separate storm sewer
systems under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342); and
(B) stormwater management plans;
(3) capturing trash at stormwater inlets, stormwater
outfalls, or in bodies of water;
(4) providing education and outreach relating to trash
movement and reduction; and
(5) monitoring or modeling waste flows and the reduction of
waste resulting from the implementation of best management
practices.
SEC. 303. WASTE MANAGEMENT STATE REVOLVING FUNDS.
(a) Block Grants to States To Establish Loan Funds.--
(1) In general.--The EPA Administrator shall offer to enter
into agreements with eligible States to make capitalization
block grants, including letters of credit, to the States under
this subsection--
(A) to support improvements to local waste
management systems, including traditional and
innovative recycling and reuse technologies;
(B) to assist local waste management authorities in
making improvements to local waste management systems--
(i) to meet waste management standards
under subtitle D of the Solid Waste Disposal
Act (42 U.S.C. 6941 et seq.), particularly with
respect to systems falling significantly below
national standards under that subtitle, as
determined by the EPA Administrator; and
(ii) to implement the strategy developed
under section 302(a);
(C) to deploy waste interceptor technologies, such
as ``trash wheels'' and litter traps, to manage the
collection and cleanup of aggregated waste from
waterways; and
(D) for such other purposes as the EPA
Administrator determines to be appropriate.
(2) Eligibility.--To be eligible to receive a
capitalization block grant under this subsection, a State
shall--
(A) enter into a capitalization agreement with the
EPA Administrator under paragraph (1); and
(B) establish a waste management revolving State
loan fund.
(3) Deposit.--Funds from a capitalization block grant to a
State under this subsection shall be deposited in the State
loan fund established by the State.
(4) Period.--Funds from a capitalization block grant to a
State under this subsection shall be available to the State for
obligation--
(A) during the fiscal year for which the funds are
authorized; and
(B) during the following fiscal year.
(5) Allotment.--Funds made available to carry out this
section shall be allotted to States at the discretion of the
EPA Administrator.
(6) Reallotment.--Any funds not obligated by a State by the
last day of the period for which the block grants are available
shall be reallotted in accordance with paragraph (5).
(b) Use of Funds.--
(1) In general.--Amounts deposited in a State loan fund,
including loan repayments and interest earned on the amounts,
shall be used only--
(A) for providing loans or loan guarantees;
(B) for outcomes-based or performance payments; or
(C) as a source of reserve and security for
leveraged loans.
(2) Limitations.--Loans or loan guarantees made by a State
under paragraph (1)(A)--
(A) may be used only for expenditures of a type or
category that the EPA Administrator has determined,
through guidance, will--
(i) facilitate compliance with an intended
use plan; or
(ii) otherwise significantly further the
purposes described in subparagraphs (A) through
(C) of subsection (a)(1); and
(B) may not be used for the acquisition of real
property or an interest in real property, unless the
acquisition is--
(i) integral to an intended use plan; and
(ii) from a willing seller.
(c) Intended Use Plans.--
(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement under subsection (a)(1) annually shall prepare a plan
that identifies the intended uses of the amounts available from
the State loan fund of the State.
(2) Contents.--An intended use plan shall include--
(A) a list of the projects to be carried out by
entities receiving the loans in the first fiscal year
that begins after the date of the intended use plan,
including a description of the project;
(B) a description of how the funds will support
disadvantaged communities;
(C) the criteria and methods established for the
use of the funds; and
(D) a description of the financial status of the
State loan fund and the short- and long-term goals of
the State loan fund.
(3) List of projects.--Each State, after notice and
opportunity for public comment, shall publish, and periodically
update, a list of projects in the State that are eligible for
assistance under this section, including--
(A) the priority assigned to each project; and
(B) to the maximum extent practicable, the expected
funding schedule for each project.
(d) Fund Management.--
(1) In general.--Each State loan fund shall be established,
maintained, and credited with repayments and interest, and the
fund corpus shall be available in perpetuity in accordance with
this section.
(2) Investment authorized.--To the extent amounts in the
State loan fund of a State are not required for current
obligation or expenditure, the amounts shall be invested in
interest bearing obligations.
(e) State Contributions.--Each capitalization agreement entered
into under subsection (a)(1) shall require that the State deposit in
the State loan fund from State funds an amount equal to not less than
20 percent of the total amount of the block grant to be made to the
State on or before the date on which the block grant payment is made to
the State.
(f) Administration of State Loan Fund.--
(1) In general.--Each State annually may use not greater
than 4 percent of the funds allotted to the State under this
section to cover the reasonable costs of administration of the
programs under this section, including the recovery of
reasonable costs expended to establish a State loan fund that
are incurred after the date of enactment of this Act.
(2) Guidance and regulations.--The EPA Administrator shall
issue guidance and promulgate regulations as are necessary to
carry out this section, including guidance and regulations--
(A) to ensure that each State commits and expends
funds allotted to the State under this section as
efficiently as practicable in accordance with this
section and applicable State law;
(B) to prevent waste, fraud, and abuse; and
(C) to ensure that the States receiving block
grants under this section use accounting, audit, and
fiscal procedures that conform to generally accepted
accounting standards.
(3) State report.--Not less frequently than every 2 years,
each State administering a State loan fund under this section
shall submit to the EPA Administrator a report describing the
activities carried out under this section, including the
findings of the most recent audit of the State loan fund and
the entire State allotment.
(4) Audits.--The EPA Administrator shall periodically audit
all State loan funds established by, and all other amounts
allotted to, the States in accordance with procedures
established by the Comptroller General of the United States.
(g) 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 State loan fund
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.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such amounts as are necessary
for each of fiscal years 2020 through 2025.
SEC. 304. GRANT PROGRAMS.
(a) Waste Management Infrastructure Grant Program.--
(1) In general.--The EPA Administrator may provide grants
to units of local government, Indian Tribes, and local waste
management systems--
(A) to assist those entities in making improvements
to waste management systems--
(i) to meet waste management standards
established under subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.); and
(ii) to implement the strategy developed
section 302(a); and
(B) to support improvements to local waste
management systems, including traditional and
innovative recycling and reuse technologies.
(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.
(b) Drinking Water Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide
competitive grants to units of local government (including
units of local government that own treatment works (as defined
in section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292))), Indian Tribes, and public water systems (as
defined in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)), as applicable, to support improvements in
removing plastic waste from drinking water, including planning,
design, construction, technical assistance, and planning
support for operational adjustments.
(2) Preference.--In making grants under paragraph (1), the
EPA Administrator shall give preference to applicants that--
(A) seek to improve the removal of microplastics,
including microfibers, from drinking water; and
(B) have demonstrated prior commitment and success
in reducing other pollution sources in drinking water,
such as lead and other contaminants.
(3) 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 units of local government (including units of local
government that own treatment works (as defined in section 212
of the Federal Water Pollution Control Act (33 U.S.C. 1292)))
and public water systems (as defined in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to
support improvements in removing plastic waste from wastewater.
(2) Preference.--In making grants under paragraph (1), the
EPA Administrator shall give preference to applicants that--
(A) seek to improve the removal of microplastics,
including microfibers, from wastewater; and
(B) have demonstrated prior commitment and success
in reducing other pollution sources in wastewater, such
as nutrient pollution and other contaminants.
(3) 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 political subdivisions of States and units of local
government, Indian Tribes, and nonprofit organizations--
(A) to support projects to reduce the quantity of
trash in bodies of water by reducing the quantity of
trash at the source of the trash, including anti-litter
initiatives;
(B) to enforce local trash ordinances;
(C) to implement the trash provisions of a national
pollutant discharge elimination system permit issued to
a municipal separate storm sewer system under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342);
(D) to capture trash at stormwater inlets,
stormwater outfalls, or in bodies of water;
(E) to provide education and outreach about trash
movement and reduction; and
(F) to monitor or model flows of trash, including
monitoring or modeling a reduction in trash as a result
of the implementation of best management practices for
the reduction of trash 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) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated such sums as are necessary to
carry out this section.
(2) No impact on other federal funds.--
(A) In general.--No funds shall be made available
under paragraph (1) to carry out subsections (b) and
(c) in a fiscal year if the total amount made available
to carry out the programs described in subparagraph (B)
for that fiscal year is less than the total amount made
available to carry out the programs described in
subparagraph (B) for fiscal year 2019.
(B) Programs described.--The programs referred to
in subparagraph (A) are--
(i) State drinking water treatment
revolving loan funds established under section
1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12);
(ii) programs for assistance for small and
disadvantaged communities under subsections (a)
through (j) of section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a); and
(iii) State water pollution control
revolving funds established under title VI of
the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.).
SEC. 305. 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 seek
to jointly enter into an arrangement with the National Academies of
Sciences, Engineering, and Medicine under which the National Academies
will--
(1) conduct a study of the feasibility and advisability of
innovative uses of plastic waste in roadways, bridges, and
other infrastructure; and
(2) as part of the study under paragraph (1)--
(A) identify international examples of--
(i) the use of materials described in that
paragraph; and
(ii) projects in which the use of plastic
waste has been applied;
(B) assess the economic benefits, if any, including
employment opportunities, to municipalities and States
in investing in innovative reuse of plastic waste in
infrastructure; and
(C) if the National Academies consider uses
described in that paragraph to be advisable, make
recommendations with respect to what Federal testing
standards and other barriers may need to be addressed
to enable those uses, including with respect to
ensuring human health and safety.
(b) Report Required.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the study conducted under subsection (a).
(c) Grant Program.--
(1) In general.--If the National Academies consider the
innovative uses of plastic waste described in subsection (a)(1)
to be advisable, and the Secretary agrees, the Secretary shall
establish a grant program to encourage those uses.
(2) Demonstration projects.--If the Secretary establishes a
grant program under paragraph (1), the Secretary shall carry
out the grant program by selecting, through a competitive
process, not more than 5 projects to demonstrate the uses
described in subsection (a)(1), each of which shall be located
in a different region of the United States.
(3) Report.--Not later than 180 days after the date on
which the last demonstration project, if any, is completed
under paragraph (2), the Secretary shall submit to Congress a
report summarizing the results of the demonstration projects,
including--
(A) the total quantity of plastic waste redirected
from the waste stream into infrastructure;
(B) the durability of the infrastructure
constructed with plastic waste; and
(C) any cost savings achieved through the use of
plastic waste in the demonstration projects.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 306. STUDY ON OPTIONS TO ADVANCE TECHNOLOGIES FOR CONVERTING
PLASTIC WASTE TO CHEMICALS, FEEDSTOCKS, AND OTHER
PRODUCTS.
(a) In General.--The EPA Administrator shall seek to enter into an
arrangement with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies will conduct a study on
options to advance technologies (including pyrolysis, hydropyrolysis,
methanolysis, gasification, and enzymatic breakdown) for converting
plastic waste to useful products, such as chemicals, feedstocks, fuels,
and energy.
(b) Inclusions.--As part of the study under subsection (a), the
National Academies shall conduct an evaluation of--
(1) the air emissions associated with technologies
described in that subsection; and
(2) an evaluation of the ability of those technologies to
become cost-competitive with other options for obtaining source
materials or producing energy.
(c) Report Required.--Not later than 2 years after the date of the
enactment of this Act, the EPA Administrator shall submit to Congress a
report on the study conducted under subsection (a).
SEC. 307. 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 the
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)(A) an assessment of whether microplastics are currently
present in the food supplies and sources of drinking water of
United States consumers; and
(B) if the assessment under subparagraph (A) is positive--
(i) the extent to which microplastics are present
in the food supplies and sources of drinking water; and
(ii) an assessment of the type, source, prevalence,
and risk of microplastics in the food supplies and
sources of drinking water;
(4) an assessment of the risk posed, if any, by the
presence of microplastics in the food supplies and sources of
drinking water of United States consumers that includes--
(A) an identification of the most significant
sources of those microplastics; and
(B) a review of the best available science to
determine any potential hazards of microplastics in the
food supplies and sources of drinking water of United
States consumers; and
(5) a measurement of--
(A) the quantity of environmental chemicals that
absorb 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.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 308. 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, technological, resource availability, or
other barriers to increasing the collection of recyclable
materials; and
(2) recommendations to overcome the barriers described
under paragraph (1).
SEC. 309. 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 recyclable plastics, including the
use of increased recycled content by manufacturers in the production of
plastic goods and packaging.
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