    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-224
    116th Congress

    An Act

    To improve efforts to combat marine debris, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``Save Our Seas 2.0 Act''.

    (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.

    TITLE I--COMBATING MARINE DEBRIS

    Subtitle A--Amendments to the Marine Debris Act

    Sec. 101. Amendments to the Marine Debris Act.

    Subtitle B--Marine Debris Foundation

    Sec. 111. Establishment and purposes of Foundation.
    Sec. 112. Board of Directors of the Foundation.
    Sec. 113. Rights and obligations of the Foundation.
    Sec. 114. Administrative services and support.
    Sec. 115. Volunteer status.
    Sec. 116. Report requirements; petition of attorney general for
    equitable relief.
    Sec. 117. United States release from liability.
    Sec. 118. Authorization of appropriations.
    Sec. 119. Termination of authority.

    Subtitle C--Genius Prize for Save Our Seas Innovations

    Sec. 121. Definitions.
    Sec. 122. Genius Prize for Save Our Seas Innovations.
    Sec. 123. Agreement with the Marine Debris Foundation.
    Sec. 124. Judges.
    Sec. 125. Report to Congress.
    Sec. 126. Authorization of appropriations.
    Sec. 127. Termination of authority.

    Subtitle D--Studies, Pilot Projects, and Reports

    Sec. 131. Report on opportunities for innovative uses of plastic waste.
    Sec. 132. Report on microfiber pollution.
    Sec. 133. Study on United States plastic pollution data.
    Sec. 134. Study on mass balance methodologies to certify circular
    polymers.
    Sec. 135. Report on sources and impacts of derelict fishing gear.
    Sec. 136. Expansion of derelict vessel recycling.
    Sec. 137. Incentive for fishermen to collect and dispose of plastic
    found at sea.

    TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

    Sec. 201. Statement of policy on international cooperation to combat
    marine debris.
    Sec. 202. Prioritization of efforts and assistance to combat marine
    debris and improve plastic waste management.
    Sec. 203. United States leadership in international fora.

    [[Page 1073]]

    Sec. 204. Enhancing international outreach and partnership of United
    States agencies involved in marine debris activities.
    Sec. 205. Negotiation of new international agreements.
    Sec. 206. Consideration of marine debris in negotiating international
    agreements.

    TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

    Sec. 301. Strategy for improving post-consumer materials management and
    water management.
    Sec. 302. Grant programs.
    Sec. 303. Study on repurposing plastic waste in infrastructure.
    Sec. 304. Study on effects of microplastics in food supplies and sources
    of drinking water.
    Sec. 305. Report on eliminating barriers to increase the collection of
    recyclable materials.
    Sec. 306. Report on economic incentives to spur development of new end-
    use markets for recycled plastics.
    Sec. 307. Report on minimizing the creation of new plastic waste.

    SEC. 2. <>  DEFINITIONS.

    In this Act:
    (1) Circular economy.--The term ``circular economy'' means
    an economy that uses a systems-focused approach and involves
    industrial processes and economic activities that--
    (A) are restorative or regenerative by design;
    (B) enable resources used in such processes and
    activities to maintain their highest values for as long
    as possible; and
    (C) aim for the elimination of waste through the
    superior design of materials, products, and systems
    (including business models).
    (2) EPA administrator.--The term ``EPA Administrator'' means
    the Administrator of the Environmental Protection Agency.
    (3) Indian tribe.--The term ``Indian Tribe'' has the meaning
    given the term ``Indian tribe'' in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304),
    without regard to capitalization.
    (4) Interagency marine debris coordinating committee.--The
    term ``Interagency Marine Debris Coordinating Committee'' means
    the Interagency Marine Debris Coordinating Committee established
    under section 5 of the Marine Debris Act (33 U.S.C. 1954).
    (5) Marine debris.--The term ``marine debris'' has the
    meaning given that term in section 7 of the Marine Debris Act
    (33 U.S.C. 1956).
    (6) Marine debris event.--The term ``marine debris event''
    means an event or related events that affects or may imminently
    affect the United States involving--
    (A) marine debris caused by a natural event,
    including a tsunami, flood, landslide, hurricane, or
    other natural source;
    (B) distinct, nonrecurring marine debris, including
    derelict vessel groundings and container spills, that
    have immediate or long-term impacts on habitats with
    high ecological, economic, or human-use values; or
    (C) marine debris caused by an intentional or
    grossly negligent act or acts that causes substantial
    economic or environmental harm.
    (7) Non-federal funds.--The term ``non-Federal funds'' means
    funds provided by--

    [[Page 1074]]

    (A) a State;
    (B) an Indian Tribe;
    (C) a territory of the United States;
    (D) one or more units of local governments or Tribal
    organizations (as defined in section 4 of the Indian
    Self-Determination and Education Assistance Act (25
    U.S.C. 5304));
    (E) a foreign government;
    (F) a private for-profit entity;
    (G) a nonprofit organization; or
    (H) a private individual.
    (8) Nonprofit organization.--The term ``nonprofit
    organization'' means an organization that is described in
    section 501(c) of the Internal Revenue Code of 1986 and exempt
    from tax under section 501(a) of such Code.
    (9) Post-consumer materials management.--The term ``post-
    consumer materials management'' means the systems, operation,
    supervision, and long-term management of processes and equipment
    used for post-use material (including packaging, goods,
    products, and other materials), including--
    (A) collection;
    (B) transport;
    (C) safe disposal of waste that cannot be recovered,
    reused, recycled, repaired, or refurbished; and
    (D) systems and processes related to post-use
    materials that can be recovered, reused, recycled,
    repaired, or refurbished.
    (10) State.--The term ``State'' means--
    (A) a State;
    (B) an Indian Tribe;
    (C) the District of Columbia;
    (D) a territory or possession of the United States;
    or
    (E) any political subdivision of an entity described
    in subparagraphs (A) through (D).
    (11) Under secretary.--The term ``Under Secretary'' means
    the Under Secretary of Commerce for Oceans and Atmosphere and
    Administrator of the National Oceanic and Atmospheric
    Administration.

    TITLE I--COMBATING MARINE DEBRIS

    Subtitle A--Amendments to the Marine Debris Act

    SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT.

    The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended--
    (1) <>  in section 2 by striking
    ``marine environment,'' and inserting ``marine environment
    (including waters in the jurisdiction of the United States, the
    high seas, and waters in the jurisdiction of other
    countries),'';
    (2) <>  in section 9(a)--
    (A) by striking ``$10,000,000'' and inserting
    ``$15,000,000''; and
    (B) by striking ``5 percent'' and inserting ``7
    percent''; and

    [[Page 1075]]

    (3) by adding at the end the following:
    ``SEC. 10. <>  PRIORITIZATION OF MARINE DEBRIS
    IN EXISTING INNOVATION AND ENTREPRENEURSHIP
    PROGRAMS.

    ``In carrying out any relevant innovation and entrepreneurship
    programs that improve the innovation, effectiveness, and efficiency of
    the Marine Debris Program established under section 3 without
    undermining the purpose for which such program was established, the
    Secretary of Commerce, the Secretary of Energy, the Administrator of the
    Environmental Protection Agency, and the heads of other relevant Federal
    agencies, shall prioritize efforts to combat marine debris, including
    by--
    ``(1) increasing innovation in methods and the effectiveness
    of efforts to identify, determine sources of, assess, prevent,
    reduce, and remove marine debris; and
    ``(2) addressing the impacts of marine debris on--
    ``(A) the economy of the United States;
    ``(B) the marine environment; and
    ``(C) navigation safety.''.

    Subtitle B--Marine Debris Foundation

    SEC. 111. <>  ESTABLISHMENT AND PURPOSES OF
    FOUNDATION.

    (a) Establishment.--There is established the Marine Debris
    Foundation (in this title referred to as the ``Foundation''). The
    Foundation is a charitable and nonprofit organization and is not an
    agency or establishment of the United States.
    (b) Purposes.--The purposes of the Foundation are--
    (1) to encourage, accept, and administer private gifts of
    property for the benefit of, or in connection with, the
    activities and services of the National Oceanic and Atmospheric
    Administration under the Marine Debris Program established under
    section 3 of the Marine Debris Act (33 U.S.C. 1952), and other
    relevant programs and agencies;
    (2) to undertake and conduct such other activities as will
    augment efforts of the National Oceanic and Atmospheric
    Administration to assess, prevent, reduce, and remove marine
    debris and address the adverse impacts of marine debris on the
    economy of the United States, the marine environment, and
    navigation safety;
    (3) to participate with, and otherwise assist, State, local,
    and Tribal governments, foreign governments, entities, and
    individuals in undertaking and conducting activities to assess,
    prevent, reduce, and remove marine debris and address the
    adverse impacts of marine debris and its root causes on the
    economy of the United States, the marine environment (including
    waters in the jurisdiction of the United States, the high seas,
    and waters in the jurisdiction of other countries), and
    navigation safety;
    (4) subject to an agreement with the Secretary of Commerce,
    administer the Genius Prize for Save Our Seas Innovation as
    described in title II; and
    (5) to support other Federal actions to reduce marine
    debris.
    SEC. 112. <>  BOARD OF DIRECTORS OF THE
    FOUNDATION.

    (a) Establishment and Membership.--

    [[Page 1076]]

    (1) In general.--The Foundation shall have a governing Board
    of Directors (in this title referred to as the ``Board''), which
    shall consist of the Under Secretary and 12 additional Directors
    appointed in accordance with subsection (b) from among
    individuals who are United States citizens.
    (2) Representation of diverse points of view.--To the
    maximum extent practicable, the membership of the Board shall
    represent diverse points of view relating to the assessment,
    prevention, reduction, and removal of marine debris.
    (3) Not federal employees.--Appointment as a Director of the
    Foundation shall not constitute employment by, or the holding of
    an office of, the United States for the purpose of any Federal
    law.

    (b) Appointment and Terms.--
    (1) Appointment.--Subject to paragraph (2), after consulting
    with the EPA Administrator, the Director of the United States
    Fish and Wildlife Service, the Assistant Secretary of State for
    the Bureau of Oceans and International Environmental and
    Scientific Affairs, and the Administrator of the United States
    Agency for International Development, and considering the
    recommendations submitted by the Board, the Under Secretary
    shall appoint 12 Directors who meet the criteria established by
    subsection (a), of whom--
    (A) at least 4 shall be educated or experienced in
    the assessment, prevention, reduction, or removal of
    marine debris, which may include an individual with
    expertise in post-consumer materials management or a
    circular economy;
    (B) at least 2 shall be educated or experienced in
    the assessment, prevention, reduction, or removal of
    marine debris outside the United States;
    (C) at least 2 shall be educated or experienced in
    ocean and coastal resource conservation science or
    policy; and
    (D) at least 2 shall be educated or experienced in
    international trade or foreign policy.
    (2) Terms.--
    (A) In general.--Any Director appointed after the
    initial appointments are made under subparagraph (B)
    (other than the Under Secretary), shall be appointed for
    a term of 6 years.
    (B) <>  Initial appointments to new
    member positions.--Of the Directors appointed by the
    Under Secretary under paragraph (1), the Under Secretary
    shall appoint, not later than 180 days after the date of
    the enactment of this Act--
    (i) 4 Directors for a term of 6 years;
    (ii) 4 Directors for a term of 4 years; and
    (iii) 4 Directors for a term of 2 years.
    (3) Vacancies.--
    (A) In general.--The Under Secretary shall fill a
    vacancy on the Board.
    (B) Term of appointments to fill unexpired terms.--
    An individual appointed to fill a vacancy that occurs
    before the expiration of the term of a Director shall be
    appointed for the remainder of the term.

    [[Page 1077]]

    (4) Reappointment.--An individual shall not serve more than
    2 consecutive terms as a Director, excluding any term of less
    than 6 years.
    (5) Consultation before removal.--The Under Secretary may
    remove a Director from the Board only after consultation with
    the Assistant Secretary of State for the Bureau of Oceans and
    International Environmental and Scientific Affairs, the Director
    of the United States Fish and Wildlife Service, and the EPA
    Administrator.

    (c) Chairman.--The Chairman shall be elected by the Board from its
    members for a 2-year term.
    (d) Quorum.--A majority of the current membership of the Board shall
    constitute a quorum for the transaction of business.
    (e) Meetings.--The Board shall meet at the call of the Chairman at
    least once a year. If a Director misses 3 consecutive regularly
    scheduled meetings, that individual may be removed from the Board and
    that vacancy filled in accordance with subsection (b).
    (f) Reimbursement of Expenses.--Members of the Board shall serve
    without pay, but may be reimbursed for the actual and necessary
    traveling and subsistence expenses incurred by them in the performance
    of the duties of the Foundation.
    (g) General Powers.--
    (1) In general.--The Board may complete the organization of
    the Foundation by--
    (A) appointing officers and employees;
    (B) adopting a constitution and bylaws consistent
    with the purposes of the Foundation and the provisions
    of this title; and
    (C) undertaking of other such acts as may be
    necessary to carry out the provisions of this title.
    (2) Limitations on appointment.--The following limitations
    apply with respect to the appointment of officers and employees
    of the Foundation:
    (A) Officers and employees may not be appointed
    until the Foundation has sufficient funds to pay them
    for their service. Officers and employees of the
    Foundation shall be appointed without regard to the
    provisions of title 5, United States Code, governing
    appointments in the competitive service, and may be paid
    without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of such title relating to
    classification and General Schedule pay rates.
    (B) The first officer or employee appointed by the
    Board shall be the Secretary of the Board who--
    (i) shall serve, at the direction of the
    Board, as its chief operating officer; and
    (ii) shall be knowledgeable and experienced in
    matters relating to the assessment, prevention,
    reduction, and removal of marine debris.
    SEC. 113. <>  RIGHTS AND OBLIGATIONS OF THE
    FOUNDATION.

    (a) In General.--The Foundation--
    (1) shall have perpetual succession;
    (2) may conduct business throughout the several States,
    territories, and possessions of the United States and abroad;
    and

    [[Page 1078]]

    (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

    [[Page 1079]]

    made, the Foundation provides notice of the grant to the Member of
    Congress for the congressional district in which the project to be
    funded with the grant will be carried out.

    (e) <>  Coordination of International
    Efforts.--Any efforts of the Foundation carried out in a foreign
    country, and any grants provided to an individual or entity in a foreign
    country, shall be made only with the concurrence of the Secretary of
    State, in consultation, as appropriate, with the Administrator of the
    United States Agency for International Development.

    (f) Consultation With NOAA.--The Foundation shall consult with the
    Under Secretary during the planning of any restoration or remediation
    action using funds resulting from judgments or settlements relating to
    the damage to trust resources of the National Oceanic and Atmospheric
    Administration.
    SEC. 114. <>  ADMINISTRATIVE SERVICES AND
    SUPPORT.

    (a) Provision of Services.--The Under Secretary may provide
    personnel, facilities, and other administrative services to the
    Foundation, including reimbursement of expenses, not to exceed the
    current Federal Government per diem rates, for a period of up to 5 years
    beginning on the date of the enactment of this Act.
    (b) Reimbursement.--The Under Secretary shall require reimbursement
    from the Foundation for any administrative service provided under
    subsection (a). The Under Secretary shall deposit any reimbursement
    received under this subsection into the Treasury to the credit of the
    appropriations then current and chargeable for the cost of providing
    such services.
    SEC. 115. <>  VOLUNTEER STATUS.

    The Secretary of Commerce may accept, without regard to the civil
    service classification laws, rules, or regulations, the services of the
    Foundation, the Board, and the officers and employees of the Board,
    without compensation from the Department of Commerce, as volunteers in
    the performance of the functions authorized in this title.
    SEC. 116. <>  REPORT REQUIREMENTS; PETITION OF
    ATTORNEY GENERAL FOR EQUITABLE RELIEF.

    (a) Report.--The Foundation shall, as soon as practicable after the
    end of each fiscal year, transmit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Natural Resources,
    the Committee on Transportation and Infrastructure, and the Committee on
    Energy and Commerce of the House of Representatives a report--
    (1) describing the proceedings and activities of the
    Foundation during that fiscal year, including a full and
    complete statement of its receipts, expenditures, and
    investments; and
    (2) including a detailed statement of the recipient, amount,
    and purpose of each grant made by the Foundation in the fiscal
    year.

    (b) Relief With Respect to Certain Foundation Acts or Failure to
    Act.--If the Foundation--
    (1) engages in, or threatens to engage in, any act,
    practice, or policy that is inconsistent with its purposes set
    forth in section 111(b); or
    (2) refuses, fails, or neglects to discharge its obligations
    under this title, or threatens to do so,

    [[Page 1080]]

    the Attorney General may petition in the United States District Court
    for the District of Columbia for such equitable relief as may be
    necessary or appropriate.
    SEC. 117. <>  UNITED STATES RELEASE FROM
    LIABILITY.

    The United States shall not be liable for any debts, defaults, acts,
    or omissions of the Foundation nor shall the full faith and credit of
    the United States extend to any obligation of the Foundation.
    SEC. 118. <>  AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
    (1) In general.--There are authorized to be appropriated to
    the Department of Commerce to carry out this title $10,000,000
    for each of fiscal years 2021 through 2024.
    (2) Use of appropriated funds.--Subject to paragraph (3),
    amounts made available under paragraph (1) shall be provided to
    the Foundation to match contributions (whether in currency,
    services, or property) made to the Foundation, or to a recipient
    of a grant provided by the Foundation, by private persons and
    State and local government agencies.
    (3) Prohibition on use for administrative expenses.--
    (A) In general.--Except as provided in subparagraph
    (B), no Federal funds made available under paragraph (1)
    may be used by the Foundation for administrative
    expenses of the Foundation, including for salaries,
    travel and transportation expenses, and other overhead
    expenses.
    (B) <>
    Exception.--The Secretary may allow the use of Federal
    funds made available under paragraph (1) to pay for
    salaries during the 18-month period beginning on the
    date of the enactment of this Act.

    (b) Additional Authorization.--
    (1) In general.--In addition to the amounts made available
    under subsection (a), the Foundation may accept Federal funds
    from a Federal agency under any other Federal law for use by the
    Foundation to further the assessment, prevention, reduction, and
    removal of marine debris in accordance with the requirements of
    this title.
    (2) Use of funds accepted from federal agencies.--Federal
    funds provided to the Foundation under paragraph (1) shall be
    used by the Foundation for matching, in whole or in part,
    contributions (whether in currency, services, or property) made
    to the Foundation by private persons and State and local
    government agencies.

    (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying
    Expenses.--Amounts provided as a grant by the Foundation shall not be
    used for--
    (1) any expense related to litigation consistent with
    Federal-wide cost principles; or
    (2) any activity the purpose of which is to influence
    legislation pending before Congress consistent with Federal-wide
    cost principles.
    SEC. 119. <>  TERMINATION OF AUTHORITY.

    The authority of the Foundation under this subtitle shall terminate
    on the date that is 10 years after the establishment of the Foundation,
    unless the Foundation is reauthorized by an Act of Congress.

    [[Page 1081]]

    Subtitle C--Genius Prize for Save Our Seas Innovations

    SEC. 121. <>  DEFINITIONS.

    In this subtitle:
    (1) Prize competition.--The term ``prize competition'' means
    the competition for the award of the Genius Prize for Save Our
    Seas Innovations established under section 122.
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of Commerce.
    SEC. 122. <>  GENIUS PRIZE FOR SAVE OUR SEAS
    INNOVATIONS.

    (a) In General.--
    (1) <>  In general.--Not later than 1 year
    after the date of the enactment of this Act, the Secretary shall
    establish under section 24 of the Stevenson-Wydler Technology
    Innovation Act of 1980 (15 U.S.C. 3719) a prize competition--
    (A) to encourage technological innovation with the
    potential to reduce plastic waste, and associated and
    potential pollution, and thereby prevent marine debris;
    and
    (B) to award 1 or more prizes biennially for
    projects that advance human understanding and innovation
    in removing and preventing plastic waste, in one of the
    categories described in paragraph (2).
    (2) Categories for projects.--The categories for projects
    are:
    (A) Advancements in materials used in packaging and
    other products that, if such products enter the coastal
    or ocean environment, will fully degrade without harming
    the environment, wildlife, or human health.
    (B) Innovations in production and packaging design
    that reduce the use of raw materials, increase recycled
    content, encourage reusability and recyclability, and
    promote a circular economy.
    (C) Improvements in marine debris detection,
    monitoring, and cleanup technologies and processes.
    (D) Improvements or improved strategies to increase
    solid waste collection, processing, sorting, recycling,
    or reuse.
    (E) New designs or strategies to reduce overall
    packaging needs and promote reuse.

    (b) Designation.--The prize competition established under subsection
    (a) shall be known as the ``Genius Prize for Save Our Seas
    Innovations''.
    (c) Prioritization.--In selecting awards for the prize competition,
    priority shall be given to projects that--
    (1) have a strategy, submitted with the application or
    proposal, to move the new technology, process, design, material,
    or other product supported by the prize to market-scale
    deployment;
    (2) support the concept of a circular economy; and
    (3) promote development of materials that--
    (A) can fully degrade in the ocean without harming
    the environment, wildlife, or human health; and

    [[Page 1082]]

    (B) are to be used in fishing gear or other maritime
    products that have an increased likelihood of entering
    the coastal or ocean environment as unintentional waste.
    SEC. 123. <>  AGREEMENT WITH THE MARINE DEBRIS
    FOUNDATION.

    (a) In General.--The Secretary may offer to enter into an agreement,
    which may include a grant or cooperative agreement, under which the
    Marine Debris Foundation established under title I may administer the
    prize competition.
    (b) Requirements.--An agreement entered into under subsection (a)
    shall comply with the following requirements:
    (1) Duties.--The Marine Debris Foundation shall--
    (A) advertise the prize competition;
    (B) solicit prize competition participants;
    (C) administer funds relating to the prize
    competition;
    (D) receive Federal and non-Federal funds--
    (i) to administer the prize competition; and
    (ii) to award a cash prize;
    (E) carry out activities to generate contributions
    of non-Federal funds to offset, in whole or in part--
    (i) the administrative costs of the prize
    competition; and
    (ii) the costs of a cash prize;
    (F) <>  in the design and award
    of the prize, consult, as appropriate with experts
    from--
    (i) Federal agencies with jurisdiction over
    the prevention of marine debris or the promotion
    of innovative materials;
    (ii) State agencies with jurisdiction over the
    prevention of marine debris or the promotion of
    innovative materials;
    (iii) State, regional, or local conservation
    or post-consumer materials management
    organizations, the mission of which relates to the
    prevention of marine debris or the promotion of
    innovative materials;
    (iv) conservation groups, technology
    companies, research institutions, scientists
    (including those with expertise in marine
    environments) institutions of higher education,
    industry, or individual stakeholders with an
    interest in the prevention of marine debris or the
    promotion of innovative materials;
    (v) experts in the area of standards
    development regarding the degradation, breakdown,
    or recycling of polymers; and
    (vi) other relevant experts of the Board's
    choosing;
    (G) <>  in
    consultation with, and subject to final approval by, the
    Secretary, develop criteria for the selection of prize
    competition winners;
    (H) <>  provide
    advice and consultation to the Secretary on the
    selection of judges under section 124 based on criteria
    developed in consultation with, and subject to the final
    approval of, the Secretary;
    (I) announce 1 or more annual winners of the prize
    competition;
    (J) subject to paragraph (2), award 1 or more cash
    prizes biennially of not less than $100,000; and

    [[Page 1083]]

    (K) protect against unauthorized use or disclosure
    by the Marine Debris Foundation of any trade secret or
    confidential business information of a prize competition
    participant.
    (2) Additional cash prizes.--The Marine Debris Foundation
    may award more than 1 cash prize in a year--
    (A) if the initial cash prize referred to in
    paragraph (1)(J) and any additional cash prizes are
    awarded using only non-Federal funds; and
    (B) <>
    consisting of an amount determined by the Under
    Secretary after the Secretary is notified by the Marine
    Debris Foundation that non-Federal funds are available
    for an additional cash prize.
    (3) Solicitation of funds.--The Marine Debris Foundation--
    (A) may request and accept Federal funds and non-
    Federal funds for a cash prize or administration of the
    prize competition;
    (B) may accept a contribution for a cash prize in
    exchange for the right to name the prize; and
    (C) shall not give special consideration to any
    Federal agency or non-Federal entity in exchange for a
    donation for a cash prize awarded under this section.
    SEC. 124. <>  JUDGES.

    (a) Appointment.--The Secretary shall appoint not fewer than 3
    judges who shall, except as provided in subsection (b), select the 1 or
    more annual winners of the prize competition.
    (b) Determination by the Secretary.--The judges appointed under
    subsection (a) shall not select any annual winner of the prize
    competition if the Secretary makes a determination that, in any fiscal
    year, none of the technological advancements entered into the prize
    competition merits an award.
    SEC. 125. <>  REPORT TO CONGRESS.

    Not later than 60 days after the date on which a cash prize is
    awarded under this title, the Secretary shall post on a publicly
    available website a report on the prize competition that includes--
    (1) if the Secretary has entered into an agreement under
    section 123, a statement by the Marine Debris Foundation that
    describes the activities carried out by the Marine Debris
    Foundation relating to the duties described in section 123; and
    (2) a statement by 1 or more of the judges appointed under
    section 124 that explains the basis on which the winner of the
    cash prize was selected.
    SEC. 126. <>  AUTHORIZATION OF APPROPRIATIONS.

    Of the amounts authorized under section 118(a), the Secretary of
    Commerce shall use up to $1,000,000 to carry out this subtitle.
    SEC. 127. <>  TERMINATION OF AUTHORITY.

    The prize program will terminate after 5 prize competition cycles
    have been completed.

    [[Page 1084]]

    Subtitle D--Studies, Pilot Projects, and Reports

    SEC. 131. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC
    WASTE.

    Not later than 2 years after the date of enactment of this Act, the
    Interagency Marine Debris Coordinating Committee shall submit to
    Congress a report on innovative uses for plastic waste in consumer
    products.
    SEC. 132. REPORT ON MICROFIBER POLLUTION.

    Not later than 2 years after the date of the enactment of this Act,
    the Interagency Marine Debris Coordinating Committee shall submit to
    Congress a report on microfiber pollution that includes--
    (1) a definition of microfiber;
    (2) <>  an assessment of the sources,
    prevalence, and causes of microfiber pollution;
    (3) <>  a recommendation for a
    standardized methodology to measure and estimate the prevalence
    of microfiber pollution;
    (4) <>  recommendations for reducing microfiber pollution; and
    (5) a plan for how Federal agencies, in partnership with
    other stakeholders, can lead on opportunities to reduce
    microfiber pollution during the 5-year period beginning on such
    date of enactment.
    SEC. 133. STUDY ON UNITED STATES PLASTIC POLLUTION DATA.

    (a) <>  In General.--The Under
    Secretary, in consultation with the EPA Administrator and the Secretary
    of the Interior, shall seek to enter into an arrangement with the
    National Academies of Sciences, Engineering, and Medicine under which
    the National Academies will undertake a multifaceted study that includes
    the following:
    (1) An evaluation of United States contributions to global
    ocean plastic waste, including types, sources, and geographic
    variations.
    (2) An assessment of the prevalence of marine debris and
    mismanaged plastic waste in saltwater and freshwater United
    States navigable waterways and tributaries.
    (3) An examination of the import and export of plastic waste
    to and from the United States, including the destinations of the
    exported plastic waste and the waste management infrastructure
    and environmental conditions of these locations.
    (4) Potential means to reduce United States contributions to
    global ocean plastic waste.

    (b) <>  Report.--Not later than 18 months
    after the date of the enactment of this Act, the Under Secretary shall
    submit to Congress a report on the study conducted under subsection (a)
    that includes--
    (1) the findings of the National Academies;
    (2) recommendations on knowledge gaps that warrant further
    scientific inquiry; and
    (3) recommendations on the potential value of a national
    marine debris tracking and monitoring system and how such a
    system might be designed and implemented.

    [[Page 1085]]

    SEC. 134. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR
    POLYMERS.

    (a) In General.--The National Institute of Standards and Technology
    shall conduct a study of available mass balance methodologies that are
    or could be readily standardized to certify circular polymers.
    (b) <>  Report.--Not later than 1 year after the
    date of enactment of this Act, the Institute shall submit to Congress a
    report on the study conducted under subsection (a) that includes--
    (1) an identification and assessment of existing mass
    balance methodologies, standards, and certification systems that
    are or may be applicable to supply chain sustainability of
    polymers, considering the full life cycle of the polymer, and
    including an examination of--
    (A) the International Sustainability and Carbon
    Certification; and
    (B) the Roundtable on Sustainable Biomaterials;
    (2) an assessment of the environmental impacts of the full
    lifecycle of circular polymers, including impacts on climate
    change; and
    (3) an assessment of any legal or regulatory barriers to
    developing a standard and certification system for circular
    polymers.

    (c) Definitions.--In this section:
    (1) Circular polymers.--The term ``circular polymers'' means
    polymers that can be reused multiple times or converted into a
    new, higher-quality product.
    (2) Mass balance methodology.--The term ``mass balance
    methodology'' means the method of chain of custody accounting
    designed to track the exact total amount of certain content in
    products or materials through the production system and to
    ensure an appropriate allocation of this content in the finished
    goods based on auditable bookkeeping.
    SEC. 135. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR.

    Not later than 2 years after the date of the enactment of this Act,
    the Under Secretary shall submit to Congress a report that includes--
    (1) <>  an analysis of the scale of fishing
    gear losses by domestic and foreign fisheries, including--
    (A) how the amount of gear lost varies among--
    (i) domestic and foreign fisheries;
    (ii) types of fishing gear; and
    (iii) methods of fishing;
    (B) how lost fishing gear is transported by ocean
    currents; and
    (C) common reasons fishing gear is lost;
    (2) <>  an evaluation of the ecological,
    human health, and maritime safety impacts of derelict fishing
    gear, and how those impacts vary across--
    (A) types of fishing gear;
    (B) materials used to construct fishing gear; and
    (C) geographic location;
    (3) <>  recommendations on
    management measures--
    (A) to prevent fishing gear losses; and
    (B) to reduce the impacts of lost fishing gear;

    [[Page 1086]]

    (4) <>  an assessment of the cost of
    implementing such management measures; and
    (5) <>  an assessment of the impact of
    fishing gear loss attributable to foreign countries.
    SEC. 136. <>  EXPANSION OF
    DERELICT VESSEL RECYCLING.

    Not later than 1 year after the date of the enactment of this Act,
    the Under Secretary and the EPA Administrator shall jointly conduct a
    study to determine the feasibility of developing a nationwide derelict
    vessel recycling program--
    (1) using as a model the fiberglass boat recycling program
    from the pilot project in Rhode Island led by Rhode Island Sea
    Grant and its partners; and
    (2) including, if possible, recycling of vessels made from
    materials other than fiberglass.
    SEC. 137. <>  INCENTIVE FOR FISHERMEN TO
    COLLECT AND DISPOSE OF PLASTIC FOUND AT
    SEA.

    (a) <>  In General.--The Under Secretary
    shall establish a pilot program to assess the feasibility and
    advisability of providing incentives, such as grants, to fishermen based
    in the United States who incidentally capture marine debris while at
    sea--
    (1) to track or keep the debris on board; and
    (2) to dispose of the debris properly on land.

    (b) Support for Collection and Removal of Derelict Gear.--The Under
    Secretary shall encourage United States efforts, such as the Fishing for
    Energy net disposal program, that support--
    (1) collection and removal of derelict fishing gear and
    other fishing waste;
    (2) disposal or recycling of such gear and waste; and
    (3) prevention of the loss of such gear.

    TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

    SEC. 201. <>  STATEMENT OF POLICY ON
    INTERNATIONAL COOPERATION TO COMBAT MARINE
    DEBRIS.

    It is the policy of the United States to partner, consult, and
    coordinate with foreign governments (at the national and subnational
    levels), civil society, international organizations, international
    financial institutions, subnational coastal communities, commercial and
    recreational fishing industry leaders, and the private sector, in a
    concerted effort--
    (1) to increase knowledge and raise awareness about--
    (A) the linkages between the sources of plastic
    waste, mismanaged waste and post-consumer materials, and
    marine debris; and
    (B) the upstream and downstream causes and effects
    of plastic waste, mismanaged waste and post-consumer
    materials, and marine debris on marine environments,
    marine wildlife, human health, and economic development;
    (2) to support--
    (A) strengthening systems for reducing the
    generation of plastic waste and recovering, managing,
    reusing, and

    [[Page 1087]]

    recycling plastic waste, marine debris, and microfiber
    pollution in the world's oceans, emphasizing upstream
    post-consumer materials management solutions--
    (i) to decrease plastic waste at its source;
    and
    (ii) to prevent leakage of plastic waste into
    the environment;
    (B) advancing the utilization and availability of
    safe and affordable reusable alternatives to disposable
    plastic products in commerce, to the extent practicable,
    and with consideration for the potential impacts of such
    alternatives, and other efforts to prevent marine
    debris;
    (C) deployment of and access to advanced
    technologies to capture value from post-consumer
    materials and municipal solid waste streams through
    mechanical and other recycling systems;
    (D) access to information on best practices in post-
    consumer materials management, options for post-consumer
    materials management systems financing, and options for
    participating in public-private partnerships; and
    (E) implementation of management measures to reduce
    derelict fishing gear, the loss of fishing gear, and
    other sources of pollution generated from marine
    activities and to increase proper disposal and recycling
    of fishing gear; and
    (3) to work cooperatively with international partners--
    (A) on establishing--
    (i) measurable targets for reducing marine
    debris, lost fishing gear, and plastic waste from
    all sources; and
    (ii) action plans to achieve those targets
    with a mechanism to provide regular reporting;
    (B) to promote consumer education, awareness, and
    outreach to prevent marine debris;
    (C) to reduce marine debris by improving advance
    planning for marine debris events and responses to such
    events; and
    (D) to share best practices in post-consumer
    materials management systems to prevent the entry of
    plastic waste into the environment.
    SEC. 202. <>  PRIORITIZATION OF EFFORTS AND
    ASSISTANCE TO COMBAT MARINE DEBRIS AND
    IMPROVE PLASTIC WASTE MANAGEMENT.

    (a) <>  In General.--The Secretary of State
    shall, in coordination with the Administrator of the United States
    Agency for International Development, as appropriate, and the officials
    specified in subsection (b)--
    (1) lead and coordinate efforts to implement the policy
    described in section 201; and
    (2) develop strategies and implement programs that
    prioritize engagement and cooperation with foreign governments,
    subnational and local stakeholders, and the private sector to
    expedite efforts and assistance in foreign countries--
    (A) to partner with, encourage, advise and
    facilitate national and subnational governments on the
    development and execution, where practicable, of
    national projects, programs and initiatives to--

    [[Page 1088]]

    (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

    [[Page 1089]]

    (vi) promoting safe and affordable reusable
    alternatives to disposable plastic products, to
    the extent practicable; and
    (D) to research, identify, and facilitate
    opportunities to promote collection and proper disposal
    of damaged or derelict fishing gear.

    (b) Officials Specified.--The officials specified in this subsection
    are the following:
    (1) The United States Trade Representative.
    (2) The Under Secretary.
    (3) The EPA Administrator.
    (4) The Director of the Trade and Development Agency.
    (5) The President and the Board of Directors of the Overseas
    Private Investment Corporation or the Chief Executive Officer
    and the Board of Directors of the United States International
    Development Finance Corporation, as appropriate.
    (6) The Chief Executive Officer and the Board of Directors
    of the Millennium Challenge Corporation.
    (7) The Commandant of the Coast Guard, with respect to
    pollution from ships.
    (8) The heads of such other agencies as the Secretary of
    State considers appropriate.

    (c) Prioritization.--In carrying out subsection (a), the officials
    specified in subsection (b) shall prioritize assistance to countries
    with, and regional organizations in regions with--
    (1) rapidly developing economies; and
    (2) rivers and coastal areas that are the most severe
    sources of marine debris, as identified by the best available
    science.

    (d) Effectiveness Measurement.--In prioritizing and expediting
    efforts and assistance under this section, the officials specified in
    subsection (b) shall use clear, accountable, and metric-based targets to
    measure the effectiveness of guarantees and assistance in achieving the
    policy described in section 201.
    (e) Rule of Construction.--Nothing in this section may be construed
    to authorize the modification of or the imposition of limits on the
    portfolios of any agency or institution led by an official specified in
    subsection (b).
    SEC. 203. <>  UNITED STATES
    LEADERSHIP IN INTERNATIONAL FORA.

    In implementing the policy described in section 201, the President
    shall direct the United States representatives to appropriate
    international bodies and conferences (including the United Nations
    Environment Programme, the Association of Southeast Asian Nations, the
    Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the
    Organization for Economic Co-Operation and Development (OECD), and the
    Our Ocean Conference) to use the voice, vote, and influence of the
    United States, consistent with the broad foreign policy goals of the
    United States, to advocate that each such body--
    (1) commit to significantly increasing efforts to promote
    investment in well-designed post-consumer materials management
    and plastic waste elimination and mitigation projects and
    services that increase access to safe post-consumer materials
    management and mitigation services, in partnership with the
    private sector and consistent with the constraints of other
    countries;

    [[Page 1090]]

    (2) address the post-consumer materials management needs of
    individuals and communities where access to municipal post-
    consumer materials management services is historically
    impractical or cost-prohibitive;
    (3) <>  enhance coordination with the
    private sector--
    (A) to increase access to solid waste and post-
    consumer materials management services;
    (B) to utilize safe and affordable alternatives to
    disposable plastic products, to the extent practicable;
    (C) to encourage and incentivize the use of recycled
    content; and
    (D) to grow economic opportunities and develop
    markets for recyclable, compostable, reusable, and
    repurposed plastic waste materials and post-consumer
    materials and other efforts that support the circular
    economy;
    (4) provide technical assistance to foreign regulatory
    authorities and governments to remove unnecessary barriers to
    investment in otherwise commercially-viable projects related
    to--
    (A) post-consumer materials management;
    (B) the use of safe and affordable alternatives to
    disposable plastic products; or
    (C) beneficial reuse of solid waste, plastic waste,
    post-consumer materials, plastic products, and refuse;
    (5) use clear, accountable, and metric-based targets to
    measure the effectiveness of such projects; and
    (6) engage international partners in an existing
    multilateral forum (or, if necessary, establish through an
    international agreement a new multilateral forum) to improve
    global cooperation on--
    (A) creating tangible metrics for evaluating efforts
    to reduce plastic waste and marine debris;
    (B) developing and implementing best practices at
    the national and subnational levels of foreign
    countries, particularly countries with little to no
    solid waste or post-consumer materials management
    systems, facilities, or policies in place for--
    (i) collecting, disposing, recycling, and
    reusing plastic waste and post-consumer materials,
    including building capacity for improving post-
    consumer materials management; and
    (ii) integrating alternatives to disposable
    plastic products, to the extent practicable;
    (C) encouraging the development of standards and
    practices, and increasing recycled content percentage
    requirements for disposable plastic products;
    (D) integrating tracking and monitoring systems into
    post-consumer materials management systems;
    (E) fostering research to improve scientific
    understanding of--
    (i) how microfibers and microplastics may
    affect marine ecosystems, human health and safety,
    and maritime activities;
    (ii) changes in the amount and regional
    concentrations of plastic waste in the ocean,
    based on scientific modeling and forecasting;

    [[Page 1091]]

    (iii) the role rivers, streams, and other
    inland waterways play in serving as conduits for
    mismanaged waste traveling from land to the ocean;
    (iv) effective means to eliminate present and
    future leakages of plastic waste into the
    environment; and
    (v) other related areas of research the United
    States representatives deem necessary;
    (F) encouraging the World Bank and other
    international finance organizations to prioritize
    efforts to reduce plastic waste and combat marine
    debris;
    (G) collaborating on technological advances in post-
    consumer materials management and recycled plastics;
    (H) growing economic opportunities and developing
    markets for recyclable, compostable, reusable, and
    repurposed plastic waste and post-consumer materials and
    other efforts that support the circular economy; and
    (I) advising foreign countries, at both the national
    and subnational levels, on the development and execution
    of regulatory policies, services, including recycling
    and reuse of plastic, and laws pertaining to reducing
    the creation and the collection and safe management of--
    (i) solid waste;
    (ii) post-consumer materials;
    (iii) plastic waste; and
    (iv) marine debris.
    SEC. 204. <>  ENHANCING INTERNATIONAL OUTREACH
    AND PARTNERSHIP OF UNITED STATES AGENCIES
    INVOLVED IN MARINE DEBRIS ACTIVITIES.

    (a) Findings.--Congress recognizes the success of the marine debris
    program of the National Oceanic and Atmospheric Administration and the
    Trash-Free Waters program of the Environmental Protection Agency.
    (b) Authorization of Efforts to Build Foreign Partnerships.--The
    Under Secretary and the EPA Administrator shall work with the Secretary
    of State and the Administrator of the United States Agency for
    International Development to build partnerships, as appropriate, with
    the governments of foreign countries and to support international
    efforts to combat marine debris.
    SEC. 205. <>  NEGOTIATION OF NEW
    INTERNATIONAL AGREEMENTS.

    Not later than 1 year after the date of the enactment of this Act,
    the Secretary of State shall submit to Congress a report--
    (1) assessing the potential for negotiating new
    international agreements or creating a new international forum
    to reduce land-based sources of marine debris and derelict
    fishing gear, consistent with section 203;
    (2) describing the provisions that could be included in such
    agreements; and
    (3) assessing potential parties to such agreements.
    SEC. 206. <>  CONSIDERATION OF
    MARINE DEBRIS IN NEGOTIATING INTERNATIONAL
    AGREEMENTS.

    In negotiating any relevant international agreement with any country
    or countries after the date of the enactment of this Act, the President
    shall, as appropriate--

    [[Page 1092]]

    (1) consider the impact of land-based sources of plastic
    waste and other solid waste from that country on the marine and
    aquatic environment; and
    (2) ensure that the agreement strengthens efforts to
    eliminate land-based sources of plastic waste and other solid
    waste from that country that impact the marine and aquatic
    environment.

    TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

    SEC. 301. <>  STRATEGY FOR IMPROVING POST-
    CONSUMER MATERIALS MANAGEMENT AND WATER
    MANAGEMENT.

    (a) <>  In General.--Not later than 1
    year after the date of enactment of this Act, the EPA Administrator
    shall, in consultation with stakeholders, develop a strategy to improve
    post-consumer materials management and infrastructure for the purpose of
    reducing plastic waste and other post-consumer materials in waterways
    and oceans.

    (b) Release.--On development of the strategy under subsection (a),
    the EPA Administrator shall--
    (1) distribute the strategy to States; and
    (2) <>  make the strategy
    publicly available, including for use by--
    (A) for-profit private entities involved in post-
    consumer materials management; and
    (B) other nongovernmental entities.
    SEC. 302. <>  GRANT PROGRAMS.

    (a) Post-Consumer Materials Management Infrastructure Grant
    Program.--
    (1) In general.--The EPA Administrator may provide grants to
    States to implement the strategy developed under section 301(a)
    and--
    (A) to support improvements to local post-consumer
    materials management, including municipal recycling
    programs; and
    (B) to assist local waste management authorities in
    making improvements to local waste management systems.
    (2) Applications.--To be eligible to receive a grant under
    paragraph (1), the applicant State shall submit to the EPA
    Administrator an application at such time, in such manner, and
    containing such information as the EPA Administrator may
    require.
    (3) Contents of applications.--In developing application
    requirements, the EPA Administrator shall consider requesting
    that a State applicant provide--
    (A) a description of--
    (i) the project or projects to be carried out
    using grant funds; and
    (ii) how the project or projects would result
    in the generation of less plastic waste;
    (B) a description of how the funds will support
    disadvantaged communities; and

    [[Page 1093]]

    (C) an explanation of any limitations, such as flow
    control measures, that restrict access to reusable or
    recyclable materials.
    (4) Report to congress.--Not later than January 1, 2023, the
    EPA Administrator shall submit to the Committee on Environment
    and Public Works of the Senate and the Committee on
    Transportation and Infrastructure and the Committee on Energy
    and Commerce of the House of Representatives a report that
    includes--
    (A) a description of the activities carried out
    under this subsection;
    (B) <>  estimates as to how much
    plastic waste was prevented from entering the oceans and
    other waterways as a result of activities funded
    pursuant to this subsection; and
    (C) <>  a recommendation
    on the utility of evolving the grant program into a new
    waste management State revolving fund.

    (b) Drinking Water Infrastructure Grants.--
    (1) In general.--The EPA Administrator may provide
    competitive grants to units of local government, Indian Tribes,
    and public water systems (as defined in section 1401 of the Safe
    Drinking Water Act (42 U.S.C. 300f)) to support improvements in
    reducing and removing plastic waste and post-consumer materials,
    including microplastics and microfibers, from drinking water or
    sources of drinking water, including planning, design,
    construction, technical assistance, and planning support for
    operational adjustments.
    (2) Applications.--To be eligible to receive a grant under
    paragraph (1), an applicant shall submit to the EPA
    Administrator an application at such time, in such manner, and
    containing such information as the EPA Administrator may
    require.

    (c) Wastewater Infrastructure Grants.--
    (1) <>  In general.--The EPA
    Administrator may provide grants to municipalities (as defined
    in section 502 of the Federal Water Pollution Control Act (33
    U.S.C. 1362)) or Indian Tribes that own and operate treatment
    works (as such term is defined in section 212 of such Act (33
    U.S.C. 1292)) for the construction of improvements to reduce and
    remove plastic waste and post-consumer materials, including
    microplastics and microfibers, from wastewater.
    (2) Applications.--To be eligible to receive a grant under
    paragraph (1), an applicant shall submit to the EPA
    Administrator an application at such time, in such manner, and
    containing such information as the EPA Administrator may
    require.

    (d) Trash-Free Waters Grants.--
    (1) In general.--The EPA Administrator may provide grants to
    units of local government, Indian Tribes, and nonprofit
    organizations--
    (A) to support projects to reduce the quantity of
    solid waste in bodies of water by reducing the quantity
    of waste at the source, including through anti-litter
    initiatives;
    (B) to enforce local post-consumer materials
    management ordinances;

    [[Page 1094]]

    (C) to implement State or local policies relating to
    solid waste;
    (D) to capture post-consumer materials at stormwater
    inlets, at stormwater outfalls, or in bodies of water;
    (E) to provide education and outreach about post-
    consumer materials movement and reduction; and
    (F) to monitor or model flows of post-consumer
    materials, including monitoring or modeling a reduction
    in trash as a result of the implementation of best
    management practices for the reduction of plastic waste
    and other post-consumer materials in sources of drinking
    water.
    (2) Applications.--To be eligible to receive a grant under
    paragraph (1), an applicant shall submit to the EPA
    Administrator an application at such time, in such manner, and
    containing such information as the EPA Administrator may
    require.

    (e) Applicability of Federal Law.--
    (1) <>  In general.--The EPA
    Administrator shall ensure that all laborers and mechanics
    employed on projects funded directly, or assisted in whole or in
    part, by a grant established by this section shall be paid wages
    at rates not less than those prevailing on projects of a
    character similar in the locality as determined by the Secretary
    of Labor in accordance with subchapter IV of chapter 31 of part
    A of subtitle II of title 40, United States Code.
    (2) Authority.--With respect to the labor standards
    specified in paragraph (1), the Secretary of Labor shall have
    the authority and functions set forth in Reorganization Plan
    Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
    3145 of title 40, United States Code.
    (3) Requirements.--The requirements of section 608 of the
    Federal Water Pollution Control Act (33 U.S.C. 1388) shall apply
    to the construction of a project carried out, in whole or in
    part, with assistance made available under this section in the
    same manner as the requirements of such section apply with
    respect to funds made available pursuant to title VI of such
    Act.

    (f) Limitation on Use of Funds.--A grant under this section may not
    be used (directly or indirectly) as a source of payment (in whole or in
    part) of, or security for, an obligation the interest on which is
    excluded from gross income under section 103 of the Internal Revenue
    Code of 1986.
    (g) Authorization of Appropriations.--There are authorized to be
    appropriated--
    (1) for the program described subsection (a), $55,000,000
    for each of fiscal years 2021 through 2025; and
    (2) for each of the programs described subsections (b), (c),
    and (d), $10,000,000 for each of fiscal years 2021 through 2025.
    SEC. 303. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE.

    (a) <>  In General.--The Secretary of
    Transportation (referred to in this section as the ``Secretary'') and
    the EPA Administrator shall jointly enter into an arrangement with the
    National Academies of Sciences, Engineering, and Medicine under which
    the National Academies will--

    [[Page 1095]]

    (1) conduct a study on the uses of plastic waste in
    infrastructure; and
    (2) as part of the study under paragraph (1)--
    (A) identify domestic and international examples
    of--
    (i) the use of plastic waste materials
    described in that paragraph;
    (ii) infrastructure projects in which the use
    of plastic waste has been applied; and
    (iii) projects in which the use of plastic
    waste has been incorporated into or with other
    infrastructure materials;
    (B) <>  assess--
    (i) the effectiveness and utility of the uses
    of plastic waste described in that paragraph;
    (ii) the extent to which plastic waste
    materials are consistent with recognized
    specifications for infrastructure construction and
    other recognized standards;
    (iii) relevant impacts of plastic waste
    materials compared to non-waste plastic materials;
    (iv) the health, safety, and environmental
    impacts of--
    (I) plastic waste on humans and
    animals; and
    (II) the increased use of plastic
    waste for infrastructure;
    (v) the ability of plastic waste
    infrastructure to withstand natural disasters,
    extreme weather events, and other hazards; and
    (vi) plastic waste in infrastructure through
    an economic analysis; and
    (C) <>  make
    recommendations with respect to what standards or
    matters may need to be addressed with respect to
    ensuring human and animal health and safety from the use
    of plastic waste in infrastructure.

    (b) Report Required.--Not later than 2 years after the date of
    enactment of this Act and subject to the availability of appropriations,
    the Secretary and the EPA Administrator shall submit to Congress a
    report on the study conducted under subsection (a).
    SEC. 304. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND
    SOURCES OF DRINKING WATER.

    (a) <>  In General.--The EPA
    Administrator, in consultation with the Under Secretary, shall seek to
    enter into an arrangement with the National Academies of Sciences,
    Engineering, and Medicine under which the National Academies will
    conduct a human health and environmental risk assessment on
    microplastics, including microfibers, in food supplies and sources of
    drinking water.

    (b) Report Required.--Not later than 2 years after the date of
    enactment of this Act, the EPA Administrator shall submit to Congress a
    report on the study conducted under subsection (a) that includes--
    (1) a science-based definition of ``microplastics'' that can
    be adopted in federally supported monitoring and future
    assessments supported or conducted by a Federal agency;
    (2) <>  recommendations for
    standardized monitoring, testing, and other necessary protocols
    relating to microplastics;
    (3) <>  an assessment of--

    [[Page 1096]]

    (A) the extent to which microplastics are present in
    the food supplies and sources of drinking water; and
    (B) the type, source, prevalence, and risk of
    microplastics in the food supplies and sources of
    drinking water, including--
    (i) an identification of the most significant
    sources of those microplastics; and
    (ii) <>  a review of the best
    available science to determine any potential
    hazards of microplastics in the food supplies and
    sources of drinking water; and
    (4) a measurement of--
    (A) the quantity of environmental chemicals that
    adsorb to microplastics; and
    (B) the quantity described in subparagraph (A) that
    would be available for human exposure through food
    supplies or sources of drinking water.
    SEC. 305. REPORT ON ELIMINATING BARRIERS TO INCREASE THE
    COLLECTION OF RECYCLABLE MATERIALS.

    Not later than 1 year after the date of enactment of this Act, the
    EPA Administrator shall submit to Congress a report describing--
    (1) the economic, educational, technological, resource
    availability, legal, or other barriers to increasing the
    collection, processing, and use of recyclable materials; and
    (2) <>  recommendations to
    overcome the barriers described under paragraph (1).
    SEC. 306. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW
    END-USE MARKETS FOR RECYCLED PLASTICS.

    Not later than 1 year after the date of enactment of this Act, the
    EPA Administrator shall submit to Congress a report describing the most
    efficient and effective economic incentives to spur the development of
    additional new end-use markets for recycled plastics, including plastic
    film, including the use of increased recycled content by manufacturers
    in the production of plastic goods and packaging.
    SEC. 307. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE.

    (a) <>  In General.--The EPA
    Administrator, in coordination with the Interagency Marine Debris
    Coordinating Committee and the National Institute of Standards and
    Technology, shall conduct a study on minimizing the creation of new
    plastic waste.

    (b) <>  Report.--Not later than 2 years after the
    date of enactment of this Act, the EPA Administrator shall submit to
    Congress a report on the study conducted under subsection (a) that
    includes--
    (1) an estimate of the current and projected United States
    production and consumption of plastics, by type of plastic,
    including consumer food products;
    (2) an estimate of the environmental effects and impacts of
    plastic production and use in relation to other materials;
    (3) an estimate of current and projected future recycling
    rates of plastics, by type of plastic;
    (4) <>  an assessment of opportunities to
    minimize the creation of new plastic waste, including consumer
    food products, by reducing, recycling, reusing, refilling,
    refurbishing, or capturing plastic that would otherwise be part
    of a waste stream; and

    [[Page 1097]]

    (5) <>  an assessment of what post-
    consumer recycled content standards for plastic are
    technologically and economically feasible, and the impact of the
    standards on recycling rates.

    Approved December 18, 2020.

    LEGISLATIVE HISTORY--S. 1982:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Jan. 9, considered and passed Senate.
    Oct. 1, considered and passed House, amended.
    Dec. 1, Senate concurred in House amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
    Dec. 18, Presidential statement.