Sec. 101
Amendments to the Marine Debris Act
added
added
The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended—
(1)
added
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)
added
in section 9(a)—
(A)
added
by striking “$10,000,000” and inserting “$15,000,000”; and
(B)
added
by striking “5 percent” and inserting “7 percent”; and
(3)
added
by adding at the end the following:
added
“10. Prioritization of marine debris in existing innovation and entrepreneurship programs
added
“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—
added
“(1) increasing innovation in methods and the effectiveness of efforts to identify, determine sources of, assess, prevent, reduce, and remove marine debris; and
added
“(2) addressing the impacts of marine debris on—
added
“(A) the economy of the United States;
added
“(B) the marine environment; and
added
“(C) navigation safety.”
Sec. 112
Board of Directors of the Foundation
(a)
Establishment and membership—
(1)
In general— The Foundation shall have a governing Board of Directors (in this title referred to as the “Board”), which shall consist of the Under Secretary and 12 additional Directors appointed in accordance with subsection (b) from among individuals who are United States citizens.
(2)
Representation of diverse points of view— To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to the assessment, prevention, reduction, and removal of marine debris.
(3)
Not Federal employees— Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.
(b)
Appointment and terms—
(1)
Appointment— Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United States Fish and Wildlife Service, the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the United States Agency for International Development, and considering the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom—
(A)
at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in post-consumer materials management or a circular economy;
(B)
at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris outside the United States;
(C)
at least 2 shall be educated or experienced in ocean and coastal resource conservation science or policy; and
(D)
at least 2 shall be educated or experienced in international trade or foreign policy.
(A)
changed
In general— Subject to subparagraph (B), each Any Director appointed after the initial appointments are made under subparagraph (B) (other than the Under Secretary) Secretary), shall be appointed for a term of 6 years.
(B)
changed
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.
(A)
In general— The Under Secretary shall fill a vacancy on the Board.
(B)
Term of appointments to fill unexpired terms— An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term.
(4)
changed
Reappointment— An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.
(5)
changed
Request for Consultation before removal— The executive committee of Under Secretary may remove a Director from the Board may submit to only after consultation with the Under Assistant Secretary a letter describing of State for the nonperformance Bureau of a Director Oceans and requesting International Environmental and Scientific Affairs, the removal Director of the Director from United States Fish and Wildlife Service, and the Board.EPA Administrator.
(6)
removed
Consultation before removal— Before removing any Director from the Board, the Under Secretary shall consult with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, and the EPA Administrator.
(c)
Chairman— The Chairman shall be elected by the Board from its members for a 2-year term.
(d)
Quorum— A majority of the current membership of the Board shall constitute a quorum for the transaction of business.
(e)
Meetings— The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b).
(f)
Reimbursement of expenses— Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation.
(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. 118
Authorization of appropriations
(a)
Authorization of appropriations—
(1)
changed
In general— The Secretary There are authorized to be appropriated to the Department of Commerce shall to carry out this title using existing amounts that are appropriated or otherwise made available to the Department $10,000,000 for each of Commerce.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. 123
Agreement with the Marine Debris Foundation
(a)
changed
In general— The Secretary shall 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 shall 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
(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)
changed
if the initial cash prize referred to in paragraph (1)(I) (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. 134
Study on mass balance methodologies to certify circular polymers
(a)
changed
Authorization of appropriations—In general— Section 9(a) The National Institute of the Marine Debris Act (33 U.S.C. 1958(a)) is amended by—Standards and Technology shall conduct a study of available mass balance methodologies that are or could be readily standardized to certify circular polymers.
(1)
removed
striking “$10,000,000” and inserting “$15,000,000”; and
(2)
removed
striking “5 percent” and inserting “7 percent”.
(b)
changed
Enhancement of purpose—Report— Section 2 of the Marine Debris Act (33 U.S.C. 1951) is amended by striking “marine environment,” and inserting “marine environment (including waters in Not later than 1 year after the jurisdiction date of the United States, enactment of this Act, the high seas, and waters in Institute shall submit to Congress a report on the jurisdiction of other countries),”.study conducted under subsection (a) that includes—
(1)
added
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)
added
the International Sustainability and Carbon Certification; and
(B)
added
the Roundtable on Sustainable Biomaterials;
(2)
added
an assessment of the environmental impacts of the full lifecycle of circular polymers, including impacts on climate change; and
(3)
added
an assessment of any legal or regulatory barriers to developing a standard and certification system for circular polymers.
(c)
changed
Technical corrections—Definitions— Section 3(d)(2) of the Marine Debris Act (33 U.S.C. 1952(d)(2)) is amended—In this section:
(1)
changed
Circular polymers— in subparagraph (B), by striking “the matching requirement under subparagraph (A)” and inserting “a matching requirement under subparagraph (A) The term circular polymers means polymers that can be reused multiple times or (C)”; andconverted into a new, higher-quality product.
(2)
changed
Mass balance methodology— in subparagraph (C), 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 matter preceding clause (i), by striking “Notwithstanding subparagraph (A)” and inserting “Notwithstanding subparagraph (A) production system and except as provided to ensure an appropriate allocation of this content in subparagraph (B)”.the finished goods based on auditable bookkeeping.
Sec. 135
Report on sources and impacts of derelict fishing gear
added
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—
(a)
removed
Special-use authorization— The Secretary of Agriculture (referred to in this section as the “Secretary”) shall not require a volunteer organization to obtain a special-use authorization for the removal of any marine debris being stored on National Forest System land.
(1)
changed
Temporary storage— Marine debris may be stored on National Forest System land in a location determined by an analysis of the Secretary for a period scale of not more than to 90 days, which may be extended in 90-day increments with approval fishing gear losses by the relevant U.S. Forest Service District Ranger.domestic and foreign fisheries, including—
(A)
added
how the amount of gear lost varies among—
(i)
added
domestic and foreign fisheries;
(ii)
added
types of fishing gear; and
(iii)
added
methods of fishing;
(B)
added
how lost fishing gear is transported by ocean currents; and
(C)
added
common reasons fishing gear is lost;
(2)
changed
Requirements— Except as otherwise provided in this section, any activities related to the removal an evaluation of marine debris from National Forest System land shall be conducted in a manner consistent with applicable law and regulations the ecological, human health, and subject to such reasonable terms maritime safety impacts of derelict fishing gear, and conditions as the Secretary may require.how those impacts vary across—
(A)
added
types of fishing gear;
(B)
added
materials used to construct fishing gear; and
(C)
added
geographic location;
(3)
added
recommendations on management measures—
(A)
added
to prevent fishing gear losses; and
(B)
added
to reduce the impacts of lost fishing gear;
(4)
added
an assessment of the cost of implementing such management measures; and
(5)
added
an assessment of the impact of fishing gear loss attributable to foreign countries.
Sec. 202
Prioritization of efforts and assistance to combat marine debris and improve plastic waste management
(a)
In general— The Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development, as appropriate, and the officials specified in subsection (b)—
(1)
lead and coordinate efforts to implement the policy described in section 201; and
(2)
develop strategies and implement programs that prioritize engagement and cooperation with foreign governments, subnational and local stakeholders, and the private sector to expedite efforts and assistance in foreign countries—
(A)
to partner with, encourage, advise and facilitate national and subnational governments on the development and execution, where practicable, of national projects, programs and initiatives to—
(i)
improve the capacity, security, and standards of operations of post-consumer materials management systems;
(ii)
monitor and track how well post-consumer materials management systems are functioning nationwide, based on uniform and transparent standards developed in cooperation with municipal, industrial, and civil society stakeholders;
(iii)
identify the operational challenges of post-consumer materials management systems and develop policy and programmatic solutions;
(iv)
end intentional or unintentional incentives for municipalities, industries, and individuals to improperly dispose of plastic waste; and
(v)
conduct outreach campaigns to raise public awareness of the importance of proper waste disposal and the reduction of plastic waste;
(B)
to facilitate the involvement of municipalities and industries in improving solid waste reduction, collection, disposal, and reuse and recycling projects, programs, and initiatives;
(C)
to partner with and provide technical assistance to investors, and national and local institutions, including private sector actors, to develop new business opportunities and solutions to specifically reduce plastic waste and expand solid waste and post-consumer materials management best practices in foreign countries by—
(i)
maximizing the number of people and businesses, in both rural and urban communities, receiving reliable solid waste and post-consumer materials management services;
(ii)
improving and expanding the capacity of foreign industries to responsibly employ post-consumer materials management practices;
(iii)
improving and expanding the capacity and transparency of tracking mechanisms for marine debris to reduce the impacts on the marine environment;
(iv)
eliminating incentives that undermine responsible post-consumer materials management practices and lead to improper waste disposal practices and leakage;
(v)
building the capacity of countries—
(I)
to reduce, monitor, regulate, and manage waste, post-consumer materials and plastic waste, and pollution appropriately and transparently, including imports of plastic waste from the United States and other countries;
(II)
to encourage private investment in post-consumer materials management and reduction; and
(III)
to encourage private investment, grow opportunities, and develop markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials, and products with high levels of recycled plastic content, at both national and local levels; and
(vi)
promoting safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; and
(D)
to research, identify, and facilitate opportunities to promote collection and proper disposal of damaged or derelict fishing gear.
(b)
Officials specified— The officials specified in this subsection are the following:
(1)
The United States Trade Representative.
(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)
added
The Commandant of the Coast Guard, with respect to pollution from ships.
(8)
renumbered
was (3)(9)
The heads of such other agencies as the Secretary of State considers appropriate.
(c)
Prioritization— In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries with, and regional organizations in regions with—
(1)
rapidly developing economies; and
(2)
rivers and coastal areas that are the most severe sources of marine debris, as identified by the best available science.
(d)
Effectiveness measurement— In prioritizing and expediting efforts and assistance under this section, the officials specified in subsection (b) shall use clear, accountable, and metric-based targets to measure the effectiveness of guarantees and assistance in achieving the policy described in section 201.
(e)
Rule of construction— Nothing in this section may be construed to authorize the modification of or the imposition of limits on the portfolios of any agency or institution led by an official specified in subsection (b).
Sec. 203
United States leadership in international fora
In implementing the policy described in section 201, the President shall direct the United States representatives to appropriate international bodies and conferences (including the United Nations Environment Programme, the Association of Southeast Asian Nations, the Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the Organization for Economic Co-Operation and Development (OECD), and the Our Ocean Conference) to use the voice, vote, and influence of the United States, consistent with the broad foreign policy goals of the United States, to advocate that each such body—
(1)
commit to significantly increasing efforts to promote investment in well-designed post-consumer materials management and plastic waste elimination and mitigation projects and services that increase access to safe post-consumer materials management and mitigation services, in partnership with the private sector and consistent with the constraints of other countries;
(2)
address the post-consumer materials management needs of individuals and communities where access to municipal post-consumer materials management services is historically impractical or cost-prohibitive;
(3)
enhance coordination with the private sector—
(A)
to increase access to solid waste and post-consumer materials management services;
(B)
changed
to utilize safe and affordable reusable alternatives to disposable plastic products, to the extent practicable;
(C)
to encourage and incentivize the use of recycled content; and
(D)
changed
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)
changed
the use of safe and affordable reusable alternatives to disposable plastic products; or
(C)
beneficial reuse of solid waste, plastic waste, post-consumer materials, plastic products, and refuse;
(5)
use clear, accountable, and metric-based targets to measure the effectiveness of such projects; and
(6)
engage international partners in an existing multilateral forum (or, if necessary, establish through an international agreement a new multilateral forum) to improve global cooperation on—
(A)
creating tangible metrics for evaluating efforts to reduce plastic waste and marine debris;
(B)
developing and implementing best practices at the national and subnational levels of foreign countries, particularly countries with little to no solid waste or post-consumer materials management systems, facilities, or policies in place for—
(i)
collecting, disposing, recycling, and reusing plastic waste and post-consumer materials, including building capacity for improving post-consumer materials management; and
(ii)
integrating alternatives to disposable plastic products, to the extent practicable;
(C)
encouraging the development of standards and practices, and increasing recycled content percentage requirements for disposable plastic products;
(D)
integrating tracking and monitoring systems into post-consumer materials management systems;
(E)
fostering research to improve scientific understanding of—
(i)
how microfibers and microplastics may affect marine ecosystems, human health and safety, and maritime activities;
(ii)
changes in the amount and regional concentrations of plastic waste in the ocean, based on scientific modeling and forecasting;
(iii)
the role rivers, streams, and other inland waterways play in serving as conduits for mismanaged waste traveling from land to the ocean;
(iv)
effective means to eliminate present and future leakages of plastic waste into the environment; and
(v)
other related areas of research the United States representatives deem necessary;
(F)
encouraging the World Bank and other international finance organizations to prioritize efforts to reduce plastic waste and combat marine debris;
(G)
collaborating on technological advances in post-consumer materials management and recycled plastics;
(H)
changed
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—
(ii)
post-consumer materials;
(a)
added
Post-Consumer Materials Management Infrastructure Grant Program—
(1)
added
In general— The EPA Administrator may provide grants to States to implement the strategy developed under section 301(a) and—
(A)
added
to support improvements to local post-consumer materials management, including municipal recycling programs; and
(B)
added
to assist local waste management authorities in making improvements to local waste management systems.
(2)
added
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)
added
Contents of applications— In developing application requirements, the EPA Administrator shall consider requesting that a State applicant provide—
(A)
added
a description of—
(i)
added
the project or projects to be carried out using grant funds; and
(ii)
added
how the project or projects would result in the generation of less plastic waste;
(B)
added
a description of how the funds will support disadvantaged communities; and
(C)
added
an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials.
(4)
added
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)
added
a description of the activities carried out under this subsection;
(B)
added
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)
added
a recommendation on the utility of evolving the grant program into a new waste management State revolving fund.
(b)
added
Drinking water infrastructure grants—
removed
It is the sense of the Senate that the strategy under section 301 should address, for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans—
(1)
removed
the harmonization of post-consumer materials management protocols, including—
(1)
changed
In general— an evaluation The EPA Administrator may provide competitive grants to units of waste streams 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 determine which support improvements in reducing and removing plastic waste streams are most likely to become marine debris; andand 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)
changed
Applications— To be eligible to receive a determination of how grant under paragraph (1), an applicant shall submit to reduce the generation of products that contribute to those waste streams;EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(c)
added
Wastewater infrastructure grants—
(1)
added
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)
added
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)
added
Trash-Free waters grants—
(2)
removed
best practices for the collection of post-consumer recyclables;
(3)
removed
improved quality and sorting of post-consumer recyclable materials through opportunities such as—
(1)
changed
In general— education The EPA Administrator may provide grants to units of local government, Indian Tribes, and awareness programs;nonprofit organizations—
(A)
added
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)
added
to enforce local post-consumer materials management ordinances;
(C)
added
to implement State or local policies relating to solid waste;
(D)
added
to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(E)
added
to provide education and outreach about post-consumer materials movement and reduction; and
(F)
added
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)
changed
Applications— improved infrastructure, including new equipment 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 innovative technologies for processing of recyclable materials;containing such information as the EPA Administrator may require.
(e)
added
Applicability of Federal law—
(1)
added
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)
added
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)
added
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.
(C)
removed
enhanced markets for recycled material; and
(D)
removed
standardized measurements;
(4)
removed
increasing capacity, where practicable, for more types of plastic (including plastic films) and other materials to be reduced, collected, processed, and recycled or repurposed into usable materials or products;
(f)
changed
Limitation on use of funds— the development A grant under this section may not be used (directly or indirectly) as a source of new strategies and programs that prioritize engagement and cooperation with States and payment (in whole or in part) of, or security for, an obligation the private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate interest on which is excluded from gross income under section 103 of the development and execution, where practicable, Internal Revenue Code of projects, programs, and initiatives—1986.
(A)
removed
to improve operations for post-consumer materials management and reduce the generation of plastic waste;
(B)
removed
to monitor how well post-consumer materials management entities are functioning;
(i)
removed
to identify the operational challenges of post-consumer materials management; and
(ii)
removed
to develop policy and programmatic solutions to those challenges; and
(D)
removed
to end intentional and unintentional incentives to improperly dispose of post-consumer materials;
(g)
changed
Authorization of appropriations— strengthening markets for products with high levels of recycled plastic content; andThere are authorized to be appropriated—
(1)
added
for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and
(2)
added
for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.
(7)
removed
the consideration of complementary activities, such as—
(A)
removed
reducing waste upstream and at the source of the waste, including anti-litter initiatives;
(B)
removed
developing effective post-consumer materials management provisions in stormwater management plans;
(C)
removed
capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(D)
removed
providing education and outreach relating to post-consumer materials movement and reduction;
(E)
removed
monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices; and
(F)
removed
incentives for manufacturers to design packaging and consumer goods that can more easily be reused, recycled, repurposed, or otherwise removed from the waste stream after their initial use.
Sec. 303
Study on repurposing plastic waste in infrastructure
(a)
added
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—
(a)
removed
Post-Consumer Materials Management Infrastructure Grant Program—
(1)
removed
In general— The EPA Administrator may provide grants to States, as defined in section 2, to implement the strategy developed under section 301(a) and—
(A)
removed
to support improvements to local post-consumer materials management, including municipal recycling programs;
(B)
removed
to assist local waste management authorities in making improvements to local waste management systems;
(C)
removed
to deploy waste interceptor technologies, such as “trash wheels” and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and
(D)
removed
for such other purposes as the EPA Administrator determines to be appropriate.
(1)
changed
Applications— To be eligible to receive conduct a grant under paragraph (1), the applicant State shall submit to study on the EPA Administrator an application at such time, uses of plastic waste in such manner, and containing such information as the EPA Administrator may require.infrastructure; and
(2)
changed
Contents of applications— In developing application requirements, as part of the EPA Administrator shall consider requesting that a State applicant provide—study under paragraph (1)—
(A)
added
identify domestic and international examples of—
(i)
added
the use of plastic waste materials described in that paragraph;
(ii)
added
infrastructure projects in which the use of plastic waste has been applied; and
(iii)
added
projects in which the use of plastic waste has been incorporated into or with other infrastructure materials;
(B)
changed
a description of—assess—
(i)
changed
the project or projects to be carried out by entities receiving effectiveness and utility of the grant; anduses of plastic waste described in that paragraph;
(ii)
changed
how the project or projects would result in the generation of less extent to which plastic waste;waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards;
(iii)
added
relevant impacts of plastic waste materials compared to non-waste plastic materials;
(iv)
added
the health, safety, and environmental impacts of—
(I)
added
plastic waste on humans and animals; and
(II)
added
the increased use of plastic waste for infrastructure;
(v)
added
the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and
(vi)
added
plastic waste in infrastructure through an economic analysis; and
(C)
changed
a description of how 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 funds will support disadvantaged communities; anduse of plastic waste in infrastructure.
(b)
added
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).
(C)
removed
an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials.
(4)
removed
Report to Congress— Not later than January 1, 2023, the EPA Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A)
removed
a description of the activities carried out under this subsection;
(B)
removed
estimates as to how much plastic waste was prevented from entering the oceans and other waterways as a result of activities funded by the grant; and
(C)
removed
a recommendation on the utility of evolving the grant program into a new waste management State revolving fund.
(b)
removed
Drinking water infrastructure grants—
(1)
removed
In general— The EPA Administrator may provide competitive grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments.
(2)
removed
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)
removed
Wastewater infrastructure grants—
(1)
removed
In general— The EPA Administrator may provide grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from wastewater.
(2)
removed
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)
removed
Trash-free waters grants—
(1)
removed
In general— The EPA Administrator may provide grants to units of local government, Indian Tribes, and nonprofit organizations—
(A)
removed
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)
removed
to enforce local post-consumer materials management ordinances;
(C)
removed
to implement State or local policies relating to solid waste;
(D)
removed
to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(E)
removed
to provide education and outreach about post-consumer materials movement and reduction; and
(F)
removed
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)
removed
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)
removed
Applicability of Federal law—
(1)
removed
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)
removed
Authority— With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(f)
removed
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)
removed
Authorization of appropriations—
(1)
removed
In general— Subject to paragraph (2), there are authorized to be appropriated—
(A)
removed
for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and
(B)
removed
for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.
(2)
removed
No impact on other Federal funds—
(A)
removed
In general— No funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019.
(B)
removed
Programs described— The programs referred to in subparagraph (A) are—
(i)
removed
State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
(ii)
removed
programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a); and
(iii)
removed
State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
Sec. 304
Study on effects of microplastics in food supplies and sources of drinking water
(a)
changed
In general— The Secretary of Transportation (referred to EPA Administrator, in this section as the “Secretary”) and consultation with the EPA Administrator Under Secretary, shall jointly seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will—will conduct a human health and environmental risk assessment on microplastics, including microfibers, in food supplies and sources of drinking water.
(1)
removed
conduct a study on the uses of plastic waste in infrastructure; and
(2)
removed
as part of the study under paragraph (1)—
(A)
removed
identify domestic and international examples of—
(i)
removed
the use of plastic waste materials described in that paragraph;
(ii)
removed
infrastructure projects in which the use of plastic waste has been applied; and
(iii)
removed
projects in which the use of plastic waste has been incorporated into or with other infrastructure materials;
(i)
removed
the effectiveness and utility of the uses of plastic waste described in that paragraph;
(ii)
removed
the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards;
(iii)
removed
relevant impacts of plastic waste materials compared to non-waste plastic materials;
(iv)
removed
the health, safety, and environmental impacts of—
(I)
removed
plastic waste on humans and animals; and
(II)
removed
the increased use of plastic waste for infrastructure;
(v)
removed
the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and
(vi)
removed
plastic waste in infrastructure through an economic analysis; and
(C)
removed
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)
changed
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 Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a).(a) that includes—
(1)
added
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)
added
recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics;
(3)
added
an assessment of—
(A)
added
the extent to which microplastics are present in the food supplies and sources of drinking water; and
(B)
added
the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water, including—
(i)
added
an identification of the most significant sources of those microplastics; and
(ii)
added
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)
added
a measurement of—
(A)
added
the quantity of environmental chemicals that adsorb to microplastics; and
(B)
added
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
added
Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing—
(a)
removed
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.
(1)
changed
Report required— Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit economic, educational, technological, resource availability, legal, or other barriers to Congress a report on increasing the study conducted under subsection (a) that includes—collection, processing, and use of recyclable materials; and
(2)
added
recommendations to overcome the barriers described under paragraph (1).
(1)
removed
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)
removed
recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics;
(A)
removed
an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and
(B)
removed
if the assessment under subparagraph (A) is positive—
(i)
removed
the extent to which microplastics are present in the food supplies and sources of drinking water; and
(ii)
removed
an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water;
(4)
removed
an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes—
(A)
removed
an identification of the most significant sources of those microplastics; and
(B)
removed
a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and
(5)
removed
a measurement of—
(A)
removed
the quantity of environmental chemicals that absorb to microplastics; and
(B)
removed
the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water.
Sec. 307
Report on minimizing the creation of new plastic waste
(a)
added
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)
added
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)
added
an estimate of the current and projected United States production and consumption of plastics, by type of plastic, including consumer food products;
(2)
added
an estimate of the environmental effects and impacts of plastic production and use in relation to other materials;
(3)
added
an estimate of current and projected future recycling rates of plastics, by type of plastic;
(4)
added
an assessment of opportunities to minimize the creation of new plastic waste, including consumer food products, by reducing, recycling, reusing, refilling, refurbishing, or capturing plastic that would otherwise be part of a waste stream; and
(5)
added
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.
removed
Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of additional new end-use markets for recyclable plastics (including plastic film), including the use of increased recycled content by manufacturers in the production of plastic goods and packaging.