[Congressional Record Volume 166, Number 5 (Thursday, January 9, 2020)]
[Senate]
[Pages S139-S147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1278. Mr. McCONNELL (for Mr. Sullivan (for himself, Mr.
Whitehouse, and Mr. Menendez)) proposed an amendment to the bill S.
1982, to improve efforts to combat marine debris, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Save Our
Seas 2.0 Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COMBATING MARINE DEBRIS
Subtitle A--Marine Debris Foundation
Sec. 111. Establishment and purposes of Foundation.
Sec. 112. Board of Directors of the Foundation.
Sec. 113. Rights and obligations of the Foundation.
Sec. 114. Administrative services and support.
Sec. 115. Volunteer status.
Sec. 116. Report requirements; petition of attorney general for
equitable relief.
Sec. 117. United States release from liability.
Sec. 118. Authorization of appropriations.
Sec. 119. Termination of authority.
Subtitle B--Genius Prize for Save Our Seas Innovations
Sec. 121. Definitions.
Sec. 122. Genius prize for Save Our Seas Innovations.
Sec. 123. Agreement with the marine debris foundation.
Sec. 124. Judges.
Sec. 125. Report to Congress.
Sec. 126. Authorization of appropriations.
Sec. 127. Termination of authority.
Subtitle C--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 D--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. Study on mass balance methodologies to certify circular
polymers.
Sec. 145. Report on sources and impacts of derelict fishing gear.
TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
Sec. 201. Statement of policy on international cooperation to combat
marine debris.
Sec. 202. Prioritization of efforts and assistance to combat marine
debris and improve plastic waste management.
Sec. 203. United States leadership in international fora.
Sec. 204. Enhancing international outreach and partnership of United
States agencies involved in marine debris activities.
Sec. 205. Negotiation of new international agreements.
Sec. 206. Consideration of marine debris in negotiating international
agreements.
TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
Sec. 301. Strategy for improving post-consumer materials management and
water management.
Sec. 302. Sense of the Senate for issues to be included in strategy for
post-consumer materials management and water management.
Sec. 303. Grant programs.
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Sec. 304. Study on repurposing plastic waste in infrastructure.
Sec. 305. Study on effects of microplastics in food supplies and
sources of drinking water.
Sec. 306. Report on eliminating barriers to increase the collection of
recyclable materials.
Sec. 307. Report on economic incentives to spur development of new end-
use markets for recycled plastics.
Sec. 308. Report on minimizing the creation of new plastic waste.
SEC. 2. DEFINITIONS.
In this Act:
(1) Circular economy.--The term ``circular economy'' means
an economy that uses a systems-focused approach and involves
industrial processes and economic activities that--
(A) are restorative or regenerative by design;
(B) enable resources used in such processes and activities
to maintain their highest values for as long as possible; and
(C) aim for the elimination of waste through the superior
design of materials, products, and systems (including
business models).
(2) EPA administrator.--The term ``EPA Administrator''
means the Administrator of the Environmental Protection
Agency.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization.
(4) Interagency marine debris coordinating committee.--The
term ``Interagency Marine Debris Coordinating Committee''
means the Interagency Marine Debris Coordinating Committee
established under section 5 of the Marine Debris Act (33
U.S.C. 1954).
(5) Marine debris.--The term ``marine debris'' has the
meaning given that term in section 7 of the Marine Debris Act
(33 U.S.C. 1956).
(6) Marine debris event.--The term ``marine debris event''
means an event or related events that affects or may
imminently affect the United States involving--
(A) marine debris caused by a natural event, including a
tsunami, flood, landslide, hurricane, or other natural
source;
(B) distinct, nonrecurring marine debris, including
derelict vessel groundings and container spills, that have
immediate or long-term impacts on habitats with high
ecological, economic, or human-use values; or
(C) marine debris caused by an intentional or grossly
negligent act or acts that causes substantial economic or
environmental harm.
(7) Non-federal funds.--The term ``non-Federal funds''
means funds provided by--
(A) a State;
(B) an Indian Tribe;
(C) a territory of the United States;
(D) one or more units of local governments or Tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304));
(E) a foreign government;
(F) a private for-profit entity;
(G) a nonprofit organization; or
(H) a private individual.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(9) Post-consumer materials management.--The term ``post-
consumer materials management'' means the systems, operation,
supervision, and long-term management of processes and
equipment used for post-use material (including packaging,
goods, products, and other materials), including--
(A) collection;
(B) transport;
(C) safe disposal of waste that cannot be recovered,
reused, recycled, repaired, or refurbished; and
(D) systems and processes related to post-use materials
that can be recovered, reused, recycled, repaired, or
refurbished.
(10) State.--The term ``State'' means--
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia;
(D) a territory or possession of the United States; or
(E) any political subdivision of an entity described in
subparagraphs (A) through (D).
(11) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
TITLE I--COMBATING MARINE DEBRIS
Subtitle A--Marine Debris Foundation
SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.
(a) Establishment.--There is established the Marine Debris
Foundation (in this title referred to as the ``Foundation'').
The Foundation is a charitable and nonprofit organization and
is not an agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the National Oceanic and
Atmospheric Administration under the Marine Debris Program
established under section 3 of the Marine Debris Act (33
U.S.C. 1952), and other relevant programs and agencies;
(2) to undertake and conduct such other activities as will
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;
(4) to administer the Genius Prize for Save Our Seas
Innovation as described in title II; and
(5) to support other Federal actions to reduce marine
debris.
SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (in this title referred to as the
``Board''), which shall consist of the Under Secretary and 12
additional Directors appointed in accordance with subsection
(b) from among individuals who are United States citizens.
(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to the assessment,
prevention, reduction, and removal of marine debris.
(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.
(b) Appointment and Terms.--
(1) Appointment.--Subject to paragraph (2), after
consulting with the EPA Administrator, the Director of the
United States Fish and Wildlife Service, the Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, and the Administrator
of the United States Agency for International Development,
and considering the recommendations submitted by the Board,
the Under Secretary shall appoint 12 Directors who meet the
criteria established by subsection (a), of whom--
(A) at least 4 shall be educated or experienced in the
assessment, prevention, reduction, or removal of marine
debris, which may include an individual with expertise in
post-consumer materials management or a circular economy;
(B) at least 2 shall be educated or experienced in the
assessment, prevention, reduction, or removal of marine
debris outside the United States;
(C) at least 2 shall be educated or experienced in ocean
and coastal resource conservation science or policy; and
(D) at least 2 shall be educated or experienced in
international trade or foreign policy.
(2) Terms.--
(A) In general.--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) 4 Directors for a term of 6 years;
(ii) 4 Directors for a term of 4 years; and
(iii) 4 Directors for a term of 2 years.
(3) Vacancies.--
(A) In general.--The Under Secretary shall fill a vacancy
on the Board.
(B) Term of appointments to fill unexpired terms.--An
individual appointed to fill a vacancy that occurs before the
expiration of the term of a Director shall be appointed for
the remainder of the term.
(4) Reappointment.--An individual (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).
[[Page S141]]
(f) Reimbursement of Expenses.--Members of the Board shall
serve without pay, but may be reimbursed for the actual and
necessary traveling and subsistence expenses incurred by them
in the performance of the duties of the Foundation.
(g) General Powers.--
(1) In general.--The Board may complete the organization of
the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provisions of this title;
and
(C) undertaking of other such acts as may be necessary to
carry out the provisions of this title.
(2) Limitations on appointment.--The following limitations
apply with respect to the appointment of officers and
employees of the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their
service. Officers and employees of the Foundation shall be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(B) The first officer or employee appointed by the Board
shall be the Secretary of the Board who--
(i) shall serve, at the direction of the Board, as its
chief operating officer; and
(ii) shall be knowledgeable and experienced in matters
relating to the assessment, prevention, reduction, and
removal of marine debris.
SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States and abroad;
and
(3) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
(b) Service of Process.--The serving of notice to, or
service of process upon, the agent required under subsection
(a)(3), or mailed to the business address of such agent,
shall be deemed as service upon or notice to the Foundation.
(c) Powers.--
(1) In general.--To carry out its purposes under section
111, the Foundation shall have, in addition to the powers
otherwise given it under this title, the usual powers of a
corporation acting as a trustee in the District of Columbia,
including the power--
(A) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust,
of real or personal property or any income therefrom or other
interest therein;
(B) to acquire by purchase or exchange any real or personal
property or interest therein;
(C) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by
the United States;
(D) to deposit any funds provided to the Foundation by the
Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
(E) to make use of any interest or investment income that
accrues as a consequence of actions taken under subparagraph
(C) or (D) to carry out the purposes of the Foundation;
(F) to use Federal funds to make payments under cooperative
agreements to provide substantial long-term benefits for the
assessment, prevention, reduction, and removal of marine
debris;
(G) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(H) to borrow money and issue bonds, debentures, or other
debt instruments;
(I) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except that the
Directors of the Foundation shall not be personally liable,
except for gross negligence;
(J) to enter into contracts or other arrangements with, or
provide financial assistance to, public agencies and private
organizations and persons and to make such payments as may be
necessary to carry out its functions; and
(K) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
(2) Non-federal contributions to the fund.--A gift, devise,
or bequest may be accepted by the Foundation without regard
to whether the gift, devise, or bequest is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest in the gift,
devise, or bequest is for the benefit of the Foundation.
(d) Notice to Members of Congress.--The Foundation may not
make a grant of Federal funds in an amount greater than
$100,000 unless, by not later than 15 days before the grant
is made, the Foundation provides notice of the grant to the
Member of Congress for the congressional district in which
the project to be funded with the grant will be carried out.
(e) Coordination of International Efforts.--Any efforts of
the Foundation carried out in a foreign country, and any
grants provided to an individual or entity in a foreign
country, shall be made only with the concurrence of the
Secretary of State, in consultation, as appropriate, with the
Administrator of the United States Agency for International
Development.
(f) Consultation With NOAA.--The Foundation shall consult
with the Under Secretary during the planning of any
restoration or remediation action using funds resulting from
judgments or settlements relating to the damage to trust
resources of the National Oceanic and Atmospheric
Administration.
SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Provision of Services.--The Under Secretary may provide
personnel, facilities, and other administrative services to
the Foundation, including reimbursement of expenses, not to
exceed the current Federal Government per diem rates, for a
period of up to 5 years beginning on the date of the
enactment of this Act.
(b) Reimbursement.--The Under Secretary shall require
reimbursement from the Foundation for any administrative
service provided under subsection (a). The Under Secretary
shall deposit any reimbursement received under this
subsection into the Treasury to the credit of the
appropriations then current and chargeable for the cost of
providing such services.
SEC. 115. VOLUNTEER STATUS.
The Secretary of Commerce may accept, without regard to the
civil service classification laws, rules, or regulations, the
services of the Foundation, the Board, and the officers and
employees of the Board, without compensation from the
Department of Commerce, as volunteers in the performance of
the functions authorized in this title.
SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Report.--The Foundation shall, as soon as practicable
after the end of each fiscal year, transmit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources and the Committee on
Energy and Commerce of the House of Representatives a
report--
(1) describing the proceedings and activities of the
Foundation during that fiscal year, including a full and
complete statement of its receipts, expenditures, and
investments; and
(2) including a detailed statement of the recipient,
amount, and purpose of each grant made by the Foundation in
the fiscal year.
(b) Relief With Respect to Certain Foundation Acts or
Failure To Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with its purposes
set forth in section 111(b), or
(2) refuses, fails, or neglects to discharge its
obligations under this title, or threatens to do so,
the Attorney General may petition in the United States
District Court for the District of Columbia for such
equitable relief as may be necessary or appropriate.
SEC. 117. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts,
defaults, acts, or omissions of the Foundation nor shall the
full faith and credit of the United States extend to any
obligation of the Foundation.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--The Secretary of Commerce shall carry out
this title using existing amounts that are appropriated or
otherwise made available to the Department of Commerce.
(2) Use of appropriated funds.--Subject to paragraph (3),
amounts made available under paragraph (1) shall be provided
to the Foundation to match contributions (whether in
currency, services, or property) made to the Foundation, or
to a recipient of a grant provided by the Foundation, by
private persons and State and local government agencies.
(3) Prohibition on use for administrative expenses.--
(A) In general.--Except as provided in subparagraph (B), no
Federal funds made available under paragraph (1) may be used
by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
(B) Exception.--The Secretary may allow the use of Federal
funds made available under paragraph (1) to pay for salaries
during the 18-month period beginning on the date of the
enactment of this Act.
(b) Additional Authorization.--
(1) In general.--In addition to the amounts made available
under subsection (a), the Foundation may accept Federal funds
from a Federal agency under any other Federal law for use by
the Foundation to further the assessment, prevention,
reduction, and removal of marine debris in accordance with
the requirements of this title.
(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property)
made to the Foundation by private persons and State and local
government agencies.
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(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the
Foundation shall not be used for--
(1) any expense related to litigation consistent with
Federal-wide cost principles; or
(2) any activity the purpose of which is to influence
legislation pending before Congress consistent with Federal-
wide cost principles.
SEC. 119. TERMINATION OF AUTHORITY.
The authority of the Foundation under this subtitle shall
terminate on the date that is 10 years after the
establishment of the Foundation, unless the Foundation is
reauthorized by an Act of Congress.
Subtitle B--Genius Prize for Save Our Seas Innovations
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Prize competition.--The term ``prize competition''
means the competition for the award of the Genius Prize for
Save Our Seas Innovations established under section 122.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS.
(a) In General.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish
under section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719) a prize competition--
(A) to encourage technological innovation with the
potential to reduce plastic waste, and associated and
potential pollution, and thereby prevent marine debris; and
(B) to award 1 or more prizes biennially for projects that
advance human understanding and innovation in removing and
preventing plastic waste, in one of the categories described
in paragraph (2).
(2) Categories for projects.--The categories for projects
are:
(A) Advancements in materials used in packaging and other
products that, if such products enter the coastal or ocean
environment, will fully degrade without harming the
environment, wildlife, or human health.
(B) Innovations in production and packaging design that
reduce the use of raw materials, increase recycled content,
encourage reusability and recyclability, and promote a
circular economy.
(C) Improvements in marine debris detection, monitoring,
and cleanup technologies and processes.
(D) Improvements or improved strategies to increase solid
waste collection, processing, sorting, recycling, or reuse.
(E) New designs or strategies to reduce overall packaging
needs and promote reuse.
(b) Designation.--The prize competition established under
subsection (a) shall be known as the ``Genius Prize for Save
Our Seas Innovations''.
(c) Prioritization.--In selecting awards for the prize
competition, priority shall be given to projects that--
(1) have a strategy, submitted with the application or
proposal, to move the new technology, process, design,
material, or other product supported by the prize to market-
scale deployment;
(2) support the concept of a circular economy; and
(3) promote development of materials that--
(A) can fully degrade in the ocean without harming the
environment, wildlife, or human health; and
(B) are to be used in fishing gear or other maritime
products that have an increased likelihood of entering the
coastal or ocean environment as unintentional waste.
SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.
(a) In General.--The Secretary shall offer to enter into an
agreement, which may include a grant or cooperative
agreement, under which the Marine Debris Foundation
established under title I 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 the design and award of the prize, consult, as
appropriate with experts from--
(i) Federal agencies with jurisdiction over the prevention
of marine debris or the promotion of innovative materials;
(ii) State agencies with jurisdiction over the prevention
of marine debris or the promotion of innovative materials;
(iii) State, regional, or local conservation or post-
consumer materials management organizations, the mission of
which relates to the prevention of marine debris or the
promotion of innovative materials;
(iv) conservation groups, technology companies, research
institutions, scientists (including those with expertise in
marine environments) institutions of higher education,
industry, or individual stakeholders with an interest in the
prevention of marine debris or the promotion of innovative
materials;
(v) experts in the area of standards development regarding
the degradation, breakdown, or recycling of polymers; and
(vi) other relevant experts of the Board's choosing;
(G) in consultation with, and subject to final approval by,
the Secretary, develop criteria for the selection of prize
competition winners;
(H) provide advice and consultation to the Secretary on the
selection of judges under section 124 based on criteria
developed in consultation with, and subject to the final
approval of, the Secretary;
(I) announce 1 or more annual winners of the prize
competition;
(J) subject to paragraph (2), award 1 or more cash prizes
biennially of not less than $100,000; and
(K) protect against unauthorized use or disclosure by the
Marine Debris Foundation of any trade secret or confidential
business information of a prize competition participant.
(2) Additional cash prizes.--The Marine Debris Foundation
may award more than 1 cash prize in a year--
(A) if the initial cash prize referred to in paragraph
(1)(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. 124. JUDGES.
(a) Appointment.--The Secretary shall appoint not fewer
than 3 judges who shall, except as provided in subsection
(b), select the 1 or more annual winners of the prize
competition.
(b) Determination by the Secretary.--The judges appointed
under subsection (a) shall not select any annual winner of
the prize competition if the Secretary makes a determination
that, in any fiscal year, none of the technological
advancements entered into the prize competition merits an
award.
SEC. 125. REPORT TO CONGRESS.
Not later than 60 days after the date on which a cash prize
is awarded under this title, the Secretary shall post on a
publicly available website a report on the prize competition
that includes--
(1) 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 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
(3) a statement by 1 or more of the judges appointed under
section 124 that explains the basis on which the winner of
the cash prize was selected.
SEC. 126. AUTHORIZATION OF APPROPRIATIONS.
The Secretary of Commerce shall carry out this title using
existing amounts that are appropriated or otherwise made
available to the Department of Commerce.
SEC. 127. TERMINATION OF AUTHORITY.
The prize program will terminate after 5 prize competition
cycles have been completed.
Subtitle C--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 post-consumer materials management, monitoring, detection,
and 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
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(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 a period of not more than to 90 days, which may
be extended in 90-day increments with approval by the
relevant U.S. Forest Service District Ranger.
(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 D--Studies and Reports
SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF
PLASTIC WASTE.
Not later than 2 years after the date of enactment of this
Act, the Interagency Marine Debris Coordinating Committee
shall submit to Congress a report on innovative uses for
plastic waste in consumer products.
SEC. 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 and the Secretary of the Interior,
shall seek to enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies will undertake a multifaceted study
that includes the following:
(1) An evaluation of United States contributions to global
ocean plastic waste, including types, sources, and geographic
variations.
(2) An assessment of the prevalence of marine debris and
mismanaged plastic waste in saltwater and freshwater United
States navigable waterways and tributaries.
(3) An examination of the import and export of plastic
waste to and from the United States, including the
destinations of the exported plastic waste and the waste
management infrastructure and environmental conditions of
these locations.
(4) Potential means to reduce United States contributions
to global ocean plastic waste.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Under Secretary shall submit to
Congress a report on the study conducted under subsection (a)
that includes--
(1) the findings of the National Academies;
(2) recommendations on knowledge gaps that warrant further
scientific inquiry; and
(3) recommendations on the potential value of a national
marine debris tracking and monitoring system and how such a
system might be designed and implemented.
SEC. 144. 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.
SEC. 145. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING
GEAR.
Not later than 2 years after the date of the enactment of
this Act, the Under Secretary shall submit to Congress a
report that includes--
(1) an analysis of the scale of fishing gear losses by
domestic and foreign fisheries, including--
(A) how the amount of gear lost varies among--
(i) domestic and foreign fisheries;
(ii) types of fishing gear; and
(iii) methods of fishing;
(B) how lost fishing gear is transported by ocean currents;
and
(C) common reasons fishing gear is lost;
(2) an evaluation of the ecological, human health, and
maritime safety impacts of derelict fishing gear, and how
those impacts vary across--
(A) types of fishing gear;
(B) materials used to construct fishing gear; and
(C) geographic location;
(3) recommendations on management measures--
(A) to prevent fishing gear losses; and
(B) to reduce the impacts of lost fishing gear;
(4) an assessment of the cost of implementing such
management measures; and
(5) an assessment of the impact of fishing gear loss
attributable to foreign countries.
TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO
COMBAT MARINE DEBRIS.
It is the policy of the United States to partner, consult,
and coordinate with foreign governments (at the national and
subnational levels), civil society, international
organizations, international financial institutions,
subnational coastal communities, commercial and recreational
fishing industry leaders, and the private sector, in a
concerted effort--
(1) to increase knowledge and raise awareness about--
(A) the linkages between the sources of plastic waste,
mismanaged waste and post-consumer materials, and marine
debris; and
(B) the upstream and downstream causes and effects of
plastic waste, mismanaged waste and post-consumer materials,
and marine debris on marine environments, marine wildlife,
human health, and economic development;
(2) to support--
(A) strengthening systems for reducing the generation of
plastic waste and recovering, managing, reusing, and
recycling plastic waste, marine debris, and microfiber
pollution in the world's oceans, emphasizing upstream post-
consumer materials management solutions--
(i) to decrease plastic waste at its source; and
(ii) to prevent leakage of plastic waste into the
environment;
(B) advancing the utilization and availability of safe and
affordable reusable alternatives to disposable plastic
products in commerce, to the extent practicable, and with
consideration for the potential impacts of such alternatives,
and other efforts to prevent marine debris;
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(C) deployment of and access to advanced technologies to
capture value from post-consumer materials and municipal
solid waste streams through mechanical and other recycling
systems;
(D) access to information on best practices in post-
consumer materials management, options for post-consumer
materials management systems financing, and options for
participating in public-private partnerships; and
(E) implementation of management measures to reduce
derelict fishing gear, the loss of fishing gear, and other
sources of pollution generated from marine activities and to
increase proper disposal and recycling of fishing gear; and
(3) to work cooperatively with international partners--
(A) on establishing--
(i) measurable targets for reducing marine debris, lost
fishing gear, and plastic waste from all sources; and
(ii) action plans to achieve those targets with a mechanism
to provide regular reporting;
(B) to promote consumer education, awareness, and outreach
to prevent marine debris;
(C) to reduce marine debris by improving advance planning
for marine debris events and responses to such events; and
(D) to share best practices in post-consumer materials
management systems to prevent the entry of plastic waste into
the environment.
SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT
MARINE DEBRIS AND IMPROVE PLASTIC WASTE
MANAGEMENT.
(a) In General.--The Secretary of State shall, in
coordination with the Administrator of the United States
Agency for International Development, as appropriate, and the
officials specified in subsection (b)--
(1) lead and coordinate efforts to implement the policy
described in section 201; and
(2) develop strategies and implement programs that
prioritize engagement and cooperation with foreign
governments, subnational and local stakeholders, and the
private sector to expedite efforts and assistance in foreign
countries--
(A) to partner with, encourage, advise and facilitate
national and subnational governments on the development and
execution, where practicable, of national projects, programs
and initiatives to--
(i) improve the capacity, security, and standards of
operations of post-consumer materials management systems;
(ii) monitor and track how well post-consumer materials
management systems are functioning nationwide, based on
uniform and transparent standards developed in cooperation
with municipal, industrial, and civil society stakeholders;
(iii) identify the operational challenges of post-consumer
materials management systems and develop policy and
programmatic solutions;
(iv) end intentional or unintentional incentives for
municipalities, industries, and individuals to improperly
dispose of plastic waste; and
(v) conduct outreach campaigns to raise public awareness of
the importance of proper waste disposal and the reduction of
plastic waste;
(B) to facilitate the involvement of municipalities and
industries in improving solid waste reduction, collection,
disposal, and reuse and recycling projects, programs, and
initiatives;
(C) to partner with and provide technical assistance to
investors, and national and local institutions, including
private sector actors, to develop new business opportunities
and solutions to specifically reduce plastic waste and expand
solid waste and post-consumer materials management best
practices in foreign countries by--
(i) maximizing the number of people and businesses, in both
rural and urban communities, receiving reliable solid waste
and post-consumer materials management services;
(ii) improving and expanding the capacity of foreign
industries to responsibly employ post-consumer materials
management practices;
(iii) improving and expanding the capacity and transparency
of tracking mechanisms for marine debris to reduce the
impacts on the marine environment;
(iv) eliminating incentives that undermine responsible
post-consumer materials management practices and lead to
improper waste disposal practices and leakage;
(v) building the capacity of countries--
(I) to reduce, monitor, regulate, and manage waste, post-
consumer materials and plastic waste, and pollution
appropriately and transparently, including imports of plastic
waste from the United States and other countries;
(II) to encourage private investment in post-consumer
materials management and reduction; and
(III) to encourage private investment, grow opportunities,
and develop markets for recyclable, reusable, and repurposed
plastic waste and post-consumer materials, and products with
high levels of recycled plastic content, at both national and
local levels; and
(vi) promoting safe and affordable reusable alternatives to
disposable plastic products, to the extent practicable; and
(D) to research, identify, and facilitate opportunities to
promote collection and proper disposal of damaged or derelict
fishing gear.
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The United States Trade Representative.
(2) The Under Secretary.
(3) The EPA Administrator.
(4) The Director of the Trade and Development Agency.
(5) The President and the Board of Directors of the
Overseas Private Investment Corporation or the Chief
Executive Officer and the Board of Directors of the United
States International Development Finance Corporation, as
appropriate.
(6) The Chief Executive Officer and the Board of Directors
of the Millennium Challenge Corporation.
(7) The heads of such other agencies as the Secretary of
State considers appropriate.
(c) Prioritization.--In carrying out subsection (a), the
officials specified in subsection (b) shall prioritize
assistance to countries with, and regional organizations in
regions with--
(1) rapidly developing economies; and
(2) rivers and coastal areas that are the most severe
sources of marine debris, as identified by the best available
science.
(d) Effectiveness Measurement.--In prioritizing and
expediting efforts and assistance under this section, the
officials specified in subsection (b) shall use clear,
accountable, and metric-based targets to measure the
effectiveness of guarantees and assistance in achieving the
policy described in section 201.
(e) Rule of Construction.--Nothing in this section may be
construed to authorize the modification of or the imposition
of limits on the portfolios of any agency or institution led
by an official specified in subsection (b).
SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA.
In implementing the policy described in section 201, the
President shall direct the United States representatives to
appropriate international bodies and conferences (including
the United Nations Environment Programme, the Association of
Southeast Asian Nations, the Asia Pacific Economic
Cooperation, the Group of 7, the Group of 20, the
Organization for Economic Co-Operation and Development
(OECD), and the Our Ocean Conference) to use the voice, vote,
and influence of the United States, consistent with the broad
foreign policy goals of the United States, to advocate that
each such body--
(1) commit to significantly increasing efforts to promote
investment in well-designed post-consumer materials
management and plastic waste elimination and mitigation
projects and services that increase access to safe post-
consumer materials management and mitigation services, in
partnership with the private sector and consistent with the
constraints of other countries;
(2) address the post-consumer materials management needs of
individuals and communities where access to municipal post-
consumer materials management services is historically
impractical or cost-prohibitive;
(3) enhance coordination with the private sector--
(A) to increase access to solid waste and post-consumer
materials management services;
(B) to utilize safe and affordable 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) post-consumer materials management;
(B) the use of safe and affordable reusable alternatives to
disposable plastic products; or
(C) beneficial reuse of solid waste, plastic waste, post-
consumer materials, plastic products, and refuse;
(5) use clear, accountable, and metric-based targets to
measure the effectiveness of such projects; and
(6) engage international partners in an existing
multilateral forum (or, if necessary, establish through an
international agreement a new multilateral forum) to improve
global cooperation on--
(A) creating tangible metrics for evaluating efforts to
reduce plastic waste and marine debris;
(B) developing and implementing best practices at the
national and subnational levels of foreign countries,
particularly countries with little to no solid waste or post-
consumer materials management systems, facilities, or
policies in place for--
(i) collecting, disposing, recycling, and reusing plastic
waste and post-consumer materials, including building
capacity for improving post-consumer materials management;
and
(ii) integrating alternatives to disposable plastic
products, to the extent practicable;
(C) encouraging the development of standards and practices,
and increasing recycled content percentage requirements for
disposable plastic products;
(D) integrating tracking and monitoring systems into post-
consumer materials management systems;
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(E) fostering research to improve scientific understanding
of--
(i) how microfibers and microplastics may affect marine
ecosystems, human health and safety, and maritime activities;
(ii) changes in the amount and regional concentrations of
plastic waste in the ocean, based on scientific modeling and
forecasting;
(iii) the role rivers, streams, and other inland waterways
play in serving as conduits for mismanaged waste traveling
from land to the ocean;
(iv) effective means to eliminate present and future
leakages of plastic waste into the environment; and
(v) other related areas of research the United States
representatives deem necessary;
(F) encouraging the World Bank and other international
finance organizations to prioritize efforts to reduce plastic
waste and combat marine debris;
(G) collaborating on technological advances in post-
consumer materials management and recycled plastics;
(H) growing economic opportunities and developing markets
for recyclable, reusable, and repurposed plastic waste and
post-consumer materials and other efforts that support the
circular economy; and
(I) advising foreign countries, at both the national and
subnational levels, on the development and execution of
regulatory policies, services, including recycling and reuse
of plastic, and laws pertaining to reducing the creation and
the collection and safe management of--
(i) solid waste;
(ii) post-consumer materials;
(iii) plastic waste; and
(iv) marine debris.
SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF
UNITED STATES AGENCIES INVOLVED IN MARINE
DEBRIS ACTIVITIES.
(a) Findings.--Congress recognizes the success of the
marine debris program of the National Oceanic and Atmospheric
Administration and the Trash-Free Waters program of the
Environmental Protection Agency.
(b) Authorization of Efforts To Build Foreign
Partnerships.--The Under Secretary and the EPA Administrator
shall work with the Secretary of State and the Administrator
of the United States Agency for International Development to
build partnerships, as appropriate, with the governments of
foreign countries and to support international efforts to
combat marine debris.
SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of State shall submit to Congress a
report--
(1) assessing the potential for negotiating new
international agreements or creating a new international
forum to reduce land-based sources of marine debris and
derelict fishing gear, consistent with section 203;
(2) describing the provisions that could be included in
such agreements; and
(3) assessing potential parties to such agreements.
SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING
INTERNATIONAL AGREEMENTS.
In negotiating any relevant international agreement with
any country or countries after the date of the enactment of
this Act, the President shall, as appropriate--
(1) consider the impact of land-based sources of plastic
waste and other solid waste from that country on the marine
and aquatic environment; and
(2) ensure that the agreement strengthens efforts to
eliminate land-based sources of plastic waste and other solid
waste from that country that impact the marine and aquatic
environment.
TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS
MANAGEMENT AND WATER MANAGEMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the EPA Administrator shall, in
consultation with stakeholders, develop a strategy to improve
post-consumer materials management and infrastructure for the
purpose of reducing plastic waste and other post-consumer
materials in waterways and oceans.
(b) Release.--On development of the strategy under
subsection (a), the EPA Administrator shall--
(1) distribute the strategy to States; and
(2) make the strategy publicly available for use by--
(A) for-profit private entities involved in post-consumer
materials management; and
(B) other nongovernmental entities.
SEC. 302. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN
STRATEGY FOR POST-CONSUMER MATERIALS MANAGEMENT
AND WATER MANAGEMENT.
It is the sense of the Senate that the strategy under
section 301 should address, for the purpose of reducing
plastic waste and other post-consumer materials in waterways
and oceans--
(1) the harmonization of post-consumer materials management
protocols, including--
(A) an evaluation of waste streams to determine which waste
streams are most likely to become marine debris; and
(B) a determination of how to reduce the generation of
products that contribute to those waste streams;
(2) best practices for the collection of post-consumer
recyclables;
(3) improved quality and sorting of post-consumer
recyclable materials through opportunities such as--
(A) education and awareness programs;
(B) improved infrastructure, including new equipment and
innovative technologies for processing of recyclable
materials;
(C) enhanced markets for recycled material; and
(D) standardized measurements;
(4) increasing capacity, where practicable, for more types
of plastic (including plastic films) and other materials to
be reduced, collected, processed, and recycled or repurposed
into usable materials or products;
(5) the development of new strategies and programs that
prioritize engagement and cooperation with States and the
private sector to expedite efforts and assistance for States
to partner with, encourage, advise, and facilitate the
development and execution, where practicable, of projects,
programs, and initiatives--
(A) to improve operations for post-consumer materials
management and reduce the generation of plastic waste;
(B) to monitor how well post-consumer materials management
entities are functioning;
(C)(i) to identify the operational challenges of post-
consumer materials management; and
(ii) to develop policy and programmatic solutions to those
challenges; and
(D) to end intentional and unintentional incentives to
improperly dispose of post-consumer materials;
(6) strengthening markets for products with high levels of
recycled plastic content; and
(7) the consideration of complementary activities, such
as--
(A) reducing waste upstream and at the source of the waste,
including anti-litter initiatives;
(B) developing effective post-consumer materials management
provisions in stormwater management plans;
(C) capturing post-consumer materials at stormwater inlets,
at stormwater outfalls, or in bodies of water;
(D) providing education and outreach relating to post-
consumer materials movement and reduction;
(E) monitoring or modeling post-consumer material flows and
the reduction of post-consumer materials resulting from the
implementation of best management practices; and
(F) incentives for manufacturers to design packaging and
consumer goods that can more easily be reused, recycled,
repurposed, or otherwise removed from the waste stream after
their initial use.
SEC. 303. GRANT PROGRAMS.
(a) Post-Consumer Materials Management Infrastructure Grant
Program.--
(1) In general.--The EPA Administrator may provide grants
to States, as defined in section 2, to implement the strategy
developed under section 301(a) and--
(A) to support improvements to local post-consumer
materials management, including municipal recycling programs;
(B) to assist local waste management authorities in making
improvements to local waste management systems;
(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) Applications.--To be eligible to receive a grant under
paragraph (1), the applicant State shall submit to the EPA
Administrator an application at such time, in such manner,
and containing such information as the EPA Administrator may
require.
(3) Contents of applications.--In developing application
requirements, the EPA Administrator shall consider requesting
that a State applicant provide--
(A) a description of--
(i) the project or projects to be carried out by entities
receiving the grant; and
(ii) how the project or projects would result in the
generation of less plastic waste;
(B) a description of how the funds will support
disadvantaged communities; and
(C) an explanation of any limitations, such as flow control
measures, that restrict access to reusable or recyclable
materials.
(4) Report to congress.--Not later than January 1, 2023,
the EPA Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) a description of the activities carried out under this
subsection;
(B) estimates as to how much plastic waste was prevented
from entering the oceans and other waterways as a result of
activities funded by the grant; and
(C) a recommendation on the utility of evolving the grant
program into a new waste management State revolving fund.
(b) Drinking Water Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide
competitive grants to units of local government, including
units of local government that own treatment works (as
defined in section 212 of the Federal Water
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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 reducing and removing plastic waste
and post-consumer materials, including microplastics and
microfibers, from drinking water, including planning, design,
construction, technical assistance, and planning support for
operational adjustments.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA
Administrator an application at such time, in such manner,
and containing such information as the EPA Administrator may
require.
(c) Wastewater Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide grants
to 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 reducing
and removing plastic waste and post-consumer materials,
including microplastics and microfibers, from wastewater.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA
Administrator an application at such time, in such manner,
and containing such information as the EPA Administrator may
require.
(d) Trash-free Waters Grants.--
(1) In general.--The EPA Administrator may provide grants
to units of local government, Indian Tribes, and nonprofit
organizations--
(A) to support projects to reduce the quantity of solid
waste in bodies of water by reducing the quantity of waste at
the source, including through anti-litter initiatives;
(B) to enforce local post-consumer materials management
ordinances;
(C) to implement State or local policies relating to solid
waste;
(D) to capture post-consumer materials at stormwater
inlets, at stormwater outfalls, or in bodies of water;
(E) to provide education and outreach about post-consumer
materials movement and reduction; and
(F) to monitor or model flows of post-consumer materials,
including monitoring or modeling a reduction in trash as a
result of the implementation of best management practices for
the reduction of plastic waste and other post-consumer
materials in sources of drinking water.
(2) Applications.--To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA
Administrator an application at such time, in such manner,
and containing such information as the EPA Administrator may
require.
(e) Applicability of Federal Law.--
(1) In general.--The EPA Administrator shall ensure that
all laborers and mechanics employed on projects funded
directly, or assisted in whole or in part, by a grant
established by this section shall be paid wages at rates not
less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code.
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
(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.--
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated--
(A) for the program described subsection (a), $55,000,000
for each of fiscal years 2021 through 2025; and
(B) for each of the programs described subsections (b),
(c), and (d), $10,000,000 for each of fiscal years 2021
through 2025.
(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. 304. STUDY ON REPURPOSING PLASTIC WASTE IN
INFRASTRUCTURE.
(a) In General.--The Secretary of Transportation (referred
to in this section as the ``Secretary'') and the EPA
Administrator shall jointly enter into an arrangement with
the National Academies of Sciences, Engineering, and Medicine
under which the National Academies will--
(1) conduct a study on the uses of plastic waste in
infrastructure; and
(2) as part of the study under paragraph (1)--
(A) identify domestic and international examples of--
(i) the use of plastic waste materials described in that
paragraph;
(ii) infrastructure projects in which the use of plastic
waste has been applied; and
(iii) projects in which the use of plastic waste has been
incorporated into or with other infrastructure materials;
(B) assess--
(i) the effectiveness and utility of the uses of plastic
waste described in that paragraph;
(ii) the extent to which plastic waste materials are
consistent with recognized specifications for infrastructure
construction and other recognized standards;
(iii) relevant impacts of plastic waste materials compared
to non-waste plastic materials;
(iv) the health, safety, and environmental impacts of--
(I) plastic waste on humans and animals; and
(II) the increased use of plastic waste for infrastructure;
(v) the ability of plastic waste infrastructure to
withstand natural disasters, extreme weather events, and
other hazards; and
(vi) plastic waste in infrastructure through an economic
analysis; and
(C) make recommendations with respect to what standards or
matters may need to be addressed with respect to ensuring
human and animal health and safety from the use of plastic
waste in infrastructure.
(b) Report Required.--Not later than 2 years after the date
of enactment of this Act and subject to the availability of
appropriations, the Secretary and the EPA Administrator shall
submit to Congress a report on the study conducted under
subsection (a).
SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES
AND SOURCES OF DRINKING WATER.
(a) In General.--The EPA Administrator, in consultation
with the Under Secretary, shall seek to enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will conduct a human health and environmental risk assessment
on microplastics, including microfibers, in food supplies and
sources of drinking water.
(b) Report Required.--Not later than 2 years after the date
of enactment of this Act, the EPA Administrator shall submit
to Congress a report on the study conducted under subsection
(a) that includes--
(1) a science-based definition of ``microplastics'' that
can be adopted in federally supported monitoring and future
assessments supported or conducted by a Federal agency;
(2) recommendations for standardized monitoring, testing,
and other necessary protocols relating to microplastics;
(3)(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.
SEC. 306. REPORT ON ELIMINATING BARRIERS TO INCREASE THE
COLLECTION OF RECYCLABLE MATERIALS.
Not later than 1 year after the date of enactment of this
Act, the EPA Administrator shall submit to Congress a report
describing--
(1) the economic, educational, technological, resource
availability, legal, or other barriers to increasing the
collection, processing, and use of recyclable materials; and
(2) recommendations to overcome the barriers described
under paragraph (1).
SEC. 307. 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
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the most efficient and effective economic incentives to spur
the development of additional new end-use markets for
recyclable plastics (including plastic film), including the
use of increased recycled content by manufacturers in the
production of plastic goods and packaging.
SEC. 308. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC
WASTE.
(a) In General.--The EPA Administrator, in coordination
with the Interagency Marine Debris Coordinating Committee and
the National Institute of Standards and Technology, shall
conduct a study on minimizing the creation of new plastic
waste.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the EPA Administrator shall submit to
Congress a report on the study conducted under subsection (a)
that includes--
(1) an estimate of the current and projected United States
consumption of plastics, by type of plastic, including
consumer food products;
(2) an estimate of the environmental effects and impacts of
plastic use in relation to other materials;
(3) an estimate of current and projected future recycling
rates of plastics, by type of plastic;
(4) an assessment of opportunities to minimize the creation
of new plastic waste, including consumer food products, by
reducing, recycling, reusing, refilling, refurbishing, or
capturing plastic that would otherwise be part of a waste
stream; and
(5) an assessment of what recycled content standards for
plastic are technologically and economically feasible, and
the impact of the standards on recycling rates.
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