[116th Congress Public Law 224]
[From the U.S. Government Publishing Office]
[[Page 1071]]
SAVE OUR SEAS 2.0 ACT
[[Page 134 STAT. 1072]]
Public Law 116-224
116th Congress
An Act
To improve efforts to combat marine debris, and for other
purposes. <<NOTE: Dec. 18, 2020 - [S. 1982]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Save Our Seas
2.0 Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 4201 note.>> 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 134 STAT. 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. <<NOTE: 33 USC 4201 note.>> 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 134 STAT. 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) <<NOTE: 33 USC 1951.>> 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) <<NOTE: 33 USC 1958.>> 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 134 STAT. 1075]]
(3) by adding at the end the following:
``SEC. 10. <<NOTE: 33 USC 1959.>> 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. <<NOTE: 33 USC 4211.>> 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. <<NOTE: 33 USC 4212.>> BOARD OF DIRECTORS OF THE
FOUNDATION.
(a) Establishment and Membership.--
[[Page 134 STAT. 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) <<NOTE: Deadline.>> 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 134 STAT. 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. <<NOTE: 33 USC 4213.>> 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 134 STAT. 1078]]
(3) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
(b) <<NOTE: Notice.>> 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) <<NOTE: Deadline.>> 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 134 STAT. 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) <<NOTE: Consultation.>> 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. <<NOTE: 33 USC 4214 note. Time period. Effective
date.>> 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. <<NOTE: 33 USC 4215.>> 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. <<NOTE: 33 USC 4216.>> 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 134 STAT. 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. <<NOTE: 33 USC 4217.>> 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. <<NOTE: 33 USC 4218.>> 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) <<NOTE: Time period. Effective date.>>
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. <<NOTE: 33 USC 4219.>> 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 134 STAT. 1081]]
Subtitle C--Genius Prize for Save Our Seas Innovations
SEC. 121. <<NOTE: 33 USC 4231.>> 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. <<NOTE: 33 USC 4232.>> GENIUS PRIZE FOR SAVE OUR SEAS
INNOVATIONS.
(a) In General.--
(1) <<NOTE: Deadline.>> 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 134 STAT. 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. <<NOTE: 33 USC 4233.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation. Criteria.>> in
consultation with, and subject to final approval by, the
Secretary, develop criteria for the selection of prize
competition winners;
(H) <<NOTE: Consultation. Criteria.>> 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 134 STAT. 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) <<NOTE: Determination. Notification.>>
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. <<NOTE: 33 USC 4234.>> 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. <<NOTE: 33 USC 4235.>> 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. <<NOTE: 33 USC 4236.>> 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. <<NOTE: 33 USC 4237.>> TERMINATION OF AUTHORITY.
The prize program will terminate after 5 prize competition cycles
have been completed.
[[Page 134 STAT. 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) <<NOTE: Assessment.>> an assessment of the sources,
prevalence, and causes of microfiber pollution;
(3) <<NOTE: Recommenda- tions.>> a recommendation for a
standardized methodology to measure and estimate the prevalence
of microfiber pollution;
(4) <<NOTE: Recommenda- tions. Plan. Time period. Effective
date.>> 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) <<NOTE: Consultation. Contracts.>> 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) <<NOTE: Recommenda- tions.>> 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 134 STAT. 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> recommendations on
management measures--
(A) to prevent fishing gear losses; and
(B) to reduce the impacts of lost fishing gear;
[[Page 134 STAT. 1086]]
(4) <<NOTE: Assessment.>> an assessment of the cost of
implementing such management measures; and
(5) <<NOTE: Assessment.>> an assessment of the impact of
fishing gear loss attributable to foreign countries.
SEC. 136. <<NOTE: Deadline. Study. Determination.>> 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. <<NOTE: 33 USC 4251.>> INCENTIVE FOR FISHERMEN TO
COLLECT AND DISPOSE OF PLASTIC FOUND AT
SEA.
(a) <<NOTE: Assessment. Grants.>> 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. <<NOTE: 33 USC 4261.>> 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 134 STAT. 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. <<NOTE: 33 USC 4262.>> PRIORITIZATION OF EFFORTS AND
ASSISTANCE TO COMBAT MARINE DEBRIS AND
IMPROVE PLASTIC WASTE MANAGEMENT.
(a) <<NOTE: Coordination.>> 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 134 STAT. 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 134 STAT. 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. <<NOTE: President. 33 USC 4263.>> 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 134 STAT. 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) <<NOTE: Coordination.>> 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 134 STAT. 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. <<NOTE: 33 USC 4264.>> 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. <<NOTE: Reports. Assessments.>> 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. <<NOTE: President. 33 USC 4265.>> 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 134 STAT. 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. <<NOTE: 33 USC 4281.>> STRATEGY FOR IMPROVING POST-
CONSUMER MATERIALS MANAGEMENT AND WATER
MANAGEMENT.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Public information.>> 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. <<NOTE: 33 USC 4282.>> 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 134 STAT. 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) <<NOTE: Estimates.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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 134 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> 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 134 STAT. 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation. Contracts.>> 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) <<NOTE: Recommenda- tions.>> recommendations for
standardized monitoring, testing, and other necessary protocols
relating to microplastics;
(3) <<NOTE: Assessment.>> an assessment of--
[[Page 134 STAT. 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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination. Study.>> 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) <<NOTE: Estimates.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 1097]]
(5) <<NOTE: Assessment.>> 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:
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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.
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