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)
changed
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).5304), without regard to capitalization.
(4)
added
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)
renumbered
was (6)
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)
renumbered
was (7)
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)
renumbered
was (7)(3)
marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source;
(B)
renumbered
was (7)(4)
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)
renumbered
was (7)(5)
marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm.
(7)
renumbered
was (8)
Non-Federal funds— The term non-Federal funds means funds provided by—
(A)
renumbered
was (8)(3)
a State;
(B)
renumbered
was (8)(4)
an Indian Tribe;
(C)
renumbered
was (8)(5)
a territory of the United States;
(D)
renumbered
was (8)(6)
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)
added
a foreign government;
(F)
renumbered
was (8)(7)
a private for-profit entity;
(G)
renumbered
was (8)(8)
a nonprofit organization; or
(H)
renumbered
was (8)(9)
a private individual.
(8)
renumbered
was (9)
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)
added
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—
(C)
added
safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and
(D)
added
systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished.
(10)
renumbered
was (10)
State— The term State means—
(A)
renumbered
was (10)(3)
a State;
(B)
renumbered
was (10)(4)
an Indian Tribe;
(C)
added
the District of Columbia;
(D)
added
a territory or possession of the United States; or
(E)
added
any political subdivision of an entity described in subparagraphs (A) through (D).
(C)
removed
the District of Columbia; and
(D)
removed
a territory or possession of the United States.
(11)
renumbered
was (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.
(10)
removed
Waste management— The term waste management means the systems, operation, supervision, and aftercare of processes and equipment used for waste—
(E)
removed
recycling; and
(F)
removed
safe disposal of waste when recovery, reuse, or recycling are not otherwise available.
Sec. 101
Marine Debris Response Trust Fund
removed
(a)
removed
In general— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
removed
“9512. Marine Debris Response Trust Fund
removed
“(a) Creation of Trust Fund—There is established in the Treasury of the United States a trust fund to be known as the “Marine Debris Response Trust Fund”, consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section.
removed
“(b) Purposes of Trust Fund
removed
“(1) In general—Amounts in the Marine Debris Response Trust Fund shall be available for the National Oceanic and Atmospheric Administration to respond to a marine debris event described in paragraph (2), which may include—
removed
“(A) monitoring, response, and prevention;
removed
“(B) providing funding to States, territories, Tribes, and other United States Government and nongovernmental organizations supporting prevention, cleanup, and response efforts; or
removed
“(C) administrative costs relating to distributing amounts from the Trust Fund.
removed
“(2) Marine debris event described—A marine debris event described in this paragraph is an event that affects or may affect the United States involving—
removed
“(A) marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source;
removed
“(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
removed
“(C) marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm.
removed
“(c) Limitations on expenditures
removed
“(1) Maximum per event—The maximum amount that may be paid from the Marine Debris Response Trust Fund with respect to any single event may not exceed $100,000,000.
removed
“(2) Minimum balance—A payment may be made from the Marine Debris Response Trust Fund only if the amount in the Trust Fund after the payment will not be less than $1,000,000.
removed
“(3) Maximum balance—Amounts in the Marine Debris Response Trust Fund may not exceed $500,000,000.
removed
“(d) Initial funding—There are authorized to be appropriated to the Marine Debris Response Trust Fund $2,000,000 for fiscal year 2020 to establish the Trust Fund.
removed
“(e) Authority To borrow
removed
“(1) In general—There are authorized to be appropriated to the Marine Debris Response Trust Fund, as repayable advances, such sums as may be necessary to carry out the purposes of the Trust Fund.
removed
“(2) Limitation on amount outstanding—The maximum aggregate amount of repayable advances to the Marine Debris Response Trust Fund outstanding at any one time may not exceed $1,000,000.
removed
“(3) Repayment of advances
removed
“(A) In general—Advances made to the Marine Debris Response Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of Commerce, in consultation with the Secretary of the Treasury, determines that amounts are available for such purposes in the Trust Fund.
removed
“(B) Final repayment—No advance may be made to the Marine Debris Response Trust Fund after September 30, 2035, and all advances to such Fund shall be repaid on or before that date.
removed
“(C) Rate of interest—Interest on advances made pursuant to this subsection shall be—
removed
“(i) at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and
removed
“(ii) compounded annually.
removed
“(f) Availability of funds—Amounts in the Marine Debris Response Trust Fund shall—
removed
“(1) be available without fiscal year limitation and without apportionment; and
removed
“(2) shall supplement and not supplant other amounts available for responding to marine debris events.
removed
“(g) Investment—The Secretary of the Treasury shall invest amounts in the Marine Debris Response Trust Fund in interest bearing obligations of the United States to the extent such amounts are not required to meet current withdrawals. Interest earned by such investments shall be credited to, and become a part of, the Trust Fund.
removed
“(h) Administration—The Under Secretary of Commerce for Oceans and Atmosphere shall prescribe regulations—
removed
“(1) providing for a process for submitting a claim to the Marine Debris Response Trust Fund and for distributing amounts from the Trust Fund pursuant to those claims; and
removed
“(2) providing guidance with respect to what constitutes an event for which amounts will be distributed from the Trust Fund.
removed
“(i) Liability of the United States limited to amount in Trust Fund
removed
“(1) In general—Any claim filed against the Marine Debris Response Trust Fund may be paid only out of the Trust Fund.
removed
“(2) Order in which unpaid claims are to be paid—If at any time the Marine Debris Response Trust Fund has insufficient funds to pay all of the claims out of the Trust Fund at such time, such claims shall, to the extent permitted under paragraph (1), be paid in full in the order in which they were finally determined.
removed
“(j) Non-Federal contributions to the Trust Fund
removed
“(1) In general—A gift, award, devise, or bequest, and non-Federal amounts from legal judgments or settlements may be accepted by the Marine Debris Response Trust Fund without regard to whether the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Trust Fund.
removed
“(2) Foreign gifts—Any gifts, awards, devises, or bequests given to or received from a person in a foreign country by or to the Marine Debris Response Trust Fund shall be made only with the concurrence of the Secretary of State, in consultation, as appropriate, with the Administrator of the United States Agency for International Development.”
(b)
removed
Clerical amendment— The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following:
Sec. 112
Board of Directors of the Foundation
(a)
Establishment and membership—
(1)
changed
In general— The Foundation shall have a governing Board of Directors (in this subtitle 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)
changed
at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in waste management, recycling, reuse, 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)
In general— Subject to subparagraph (B), each Director (other than the Under Secretary) shall be appointed for a term of 6 years.
(B)
Initial appointments to new member positions— Of the Directors appointed by the Under Secretary under paragraph (1), the Secretary shall appoint, not later than 180 days after the date of the enactment of this Act—
(i)
changed
four 4 Directors for a term of 6 years;
(ii)
changed
four 4 Directors for a term of 4 years; and
(iii)
changed
four 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)
Reappointment— An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.
(5)
Request for removal— The executive committee of the Board may submit to the Under Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board.
(6)
Consultation before removal— Before removing any Director from the Board, the Under Secretary shall consult with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, and the EPA Administrator.
(c)
Chairman— The Chairman shall be elected by the Board from its members for a 2-year term.
(d)
Quorum— A majority of the current membership of the Board shall constitute a quorum for the transaction of business.
(e)
Meetings— The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b).
(f)
Reimbursement of expenses— Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation.
(1)
In general— The Board may complete the organization of the Foundation by—
(A)
appointing officers and employees;
(B)
changed
adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this subtitle; title; and
(C)
changed
undertaking of other such acts as may be necessary to carry out the provisions of this subtitle.title.
(2)
Limitations on appointment— The following limitations apply with respect to the appointment of officers and employees of the Foundation:
(A)
Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(B)
The first officer or employee appointed by the Board shall be the Secretary of the Board who—
(i)
shall serve, at the direction of the Board, as its chief operating officer; and
(ii)
shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris.
Sec. 113
Rights and obligations of the Foundation
(a)
In general— The Foundation—
(1)
shall have perpetual succession;
(2)
changed
may conduct business throughout the several States, territories, and possessions of the United States and abroad;abroad; and
(3)
removed
shall have its principal offices in the District of Columbia or in a county in the State of Maryland or Virginia that borders on the District of Columbia; and
(3)
renumbered
was (2)(6)
shall at all times maintain a designated agent authorized to accept service of process for the Foundation.
(b)
changed
Service of process— The serving of notice to, or service of process upon, the agent required under subsection (a)(4), (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.
(1)
added
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—
(c)
removed
Seal— The Foundation shall have an official seal selected by the Board which shall be judicially noticed.
(1)
removed
In general— To carry out its purposes under section 111, the Foundation shall have, in addition to the powers otherwise given it under this subtitle, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—
(A)
renumbered
was (5)(2)(3)
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)
renumbered
was (5)(2)(4)
to acquire by purchase or exchange any real or personal property or interest therein;
(C)
renumbered
was (5)(2)(5)
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)
renumbered
was (5)(2)(6)
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)
renumbered
was (5)(2)(7)
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)
renumbered
was (5)(2)(8)
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)
renumbered
was (5)(2)(9)
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)
renumbered
was (5)(2)(10)
to borrow money and issue bonds, debentures, or other debt instruments;
(I)
renumbered
was (5)(2)(11)
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)
renumbered
was (5)(2)(12)
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)
renumbered
was (5)(2)(13)
to do any and all acts necessary and proper to carry out the purposes of the Foundation.
(2)
renumbered
was (5)(3)
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)
renumbered
was (6)
Notice to Members of Congress— The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out.
(e)
renumbered
was (7)
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)
renumbered
was (8)
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. 122
Genius prize for Save Our Seas Innovations
(1)
added
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)
added
to encourage technological innovation with the potential to reduce plastic waste, and associated and potential pollution, and thereby prevent marine debris; and
(B)
added
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).
(a)
removed
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—
(2)
changed
Categories for projects— to encourage technological innovation with the potential to reduce plastic waste and thereby prevent marine debris; andThe categories for projects are:
(A)
added
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)
added
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)
added
Improvements in marine debris detection, monitoring, and cleanup technologies and processes.
(D)
added
Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or reuse.
(E)
added
New designs or strategies to reduce overall packaging needs and promote reuse.
(2)
removed
to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, including—
(A)
removed
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)
removed
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)
removed
improvements in marine debris detection, monitoring, and cleanup technologies and processes;
(D)
removed
technological improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, reuse, or repurposing; and
(E)
removed
new designs or strategies to reduce overall packaging needs.
(b)
Designation— The prize competition established under subsection (a) shall be known as the “Genius Prize for Save Our Seas Innovations”.
(c)
Prioritization— In selecting awards for the prize competition, priority shall be given to projects that—
(1)
have a strategy, submitted with the application or proposal, to move the new technology, process, design, material, or other product supported by the prize to market-scale deployment;
(2)
support the concept of a circular economy; and
(3)
promote development of materials that—
(A)
can fully degrade in the ocean without harming the environment, wildlife, or human health; and
(B)
are to be used in fishing gear or other maritime products that have an increased likelihood of entering the coastal or ocean environment as unintentional waste.
Sec. 123
Agreement with the marine debris foundation
(a)
changed
Establishment—In general— The Secretary shall establish a steering committee, to be known as the “Save Our Seas Innovation Steering Committee” (in this subtitle referred as the “Committee”) offer to provide expert advice and recommendations in the establishment of the prize competition, selection of awardees, and analysis of enter into an agreement, which may include a grant or cooperative agreement, under which the successes of Marine Debris Foundation established under title I shall administer the prize competition.
(b)
changed
Duties—Requirements— Subject to An agreement entered into under subsection (d), (a) shall comply with respect to the prize competition, the Committee shall—following requirements:
(1)
changed
Duties— select a topic;The Marine Debris Foundation shall—
(A)
added
advertise the prize competition;
(B)
added
solicit prize competition participants;
(C)
added
administer funds relating to the prize competition;
(D)
added
receive Federal and non-Federal funds—
(i)
added
to administer the prize competition; and
(ii)
added
to award a cash prize;
(E)
added
carry out activities to generate contributions of non-Federal funds to offset, in whole or in part—
(i)
added
the administrative costs of the prize competition; and
(ii)
added
the costs of a cash prize;
(F)
added
in the design and award of the prize, consult, as appropriate with experts from—
(i)
added
Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(ii)
added
State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(iii)
added
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)
added
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)
added
experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and
(vi)
added
other relevant experts of the Board’s choosing;
(G)
added
in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners;
(H)
added
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)
added
announce 1 or more annual winners of the prize competition;
(J)
added
subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and
(K)
added
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)
changed
Additional cash prizes— issue The Marine Debris Foundation may award more than 1 cash prize in a problem statement; andyear—
(A)
added
if the initial cash prize referred to in paragraph (1)(I) and any additional cash prizes are awarded using only non-Federal funds; and
(B)
added
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)
changed
Solicitation of funds— advise the Secretary on any opportunity for market-scale development of technological innovation to prevent marine plastic debris and promote the development of materials that fully degrade in ocean and coastal environments without harming the environment, wildlife, or human health.The Marine Debris Foundation—
(A)
added
may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition;
(B)
added
may accept a contribution for a cash prize in exchange for the right to name the prize; and
(C)
added
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.
(c)
removed
Competition judges— A member of the Committee may serve as a judge for the prize competition under section 125.
(d)
removed
Administrative cost reduction— The Committee shall, to the maximum extent practicable, minimize the administrative costs of the Committee, including by encouraging remote participation to reduce travel costs.
(e)
removed
Consultation— In selecting a topic and issuing a problem statement for the prize competition under subparagraphs (A) and (B) of subsection (b)(1), respectively, the Committee shall consult widely with Federal and non-Federal stakeholders, including—
(1)
removed
1 or more Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(2)
removed
1 or more State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials;
(3)
removed
1 or more State, regional, or local conservation or waste management organizations, the mission of which relates to the prevention of marine debris or the promotion of innovative materials;
(4)
removed
1 or more conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the prevention of marine debris or the promotion of innovative materials;
(5)
removed
1 or more experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and
(6)
removed
experts in the following areas:
(A)
removed
Polymer chemistry.
(B)
removed
Wildlife conservation and management.
(C)
removed
Marine biology or animal science.
(D)
removed
Waste management.
(E)
removed
Technology development.
(G)
removed
Lifecycle assessment.
(J)
removed
Business development and management.
(K)
removed
Marine environmental chemistry.
(L)
removed
Any other discipline that the Secretary determines to be necessary to achieve the purposes of this subtitle.
(f)
removed
Nonapplicability of the Federal Advisory Committee Act—
(1)
removed
In general— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Committee.
(2)
removed
Applicability of financial disclosure requirements— Notwithstanding paragraph (1), section 208(b)(3) of title 18, United States Code, shall apply with respect to Government employees serving on the Committee.
(a)
changed
In general—Appointment— The Secretary shall offer to enter into an agreement, which may include a grant or cooperative agreement, under which appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the Marine Debris Foundation established under subtitle B shall administer 1 or more annual winners of the prize competition.
(b)
changed
Requirements—Determination by the secretary— An agreement entered into The judges appointed under subsection (a) shall comply with not select any annual winner of the following requirements: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.
(1)
removed
Duties— The Marine Debris Foundation shall—
(A)
removed
advertise the prize competition;
(B)
removed
solicit prize competition participants;
(C)
removed
administer funds relating to the prize competition;
(D)
removed
receive Federal and non-Federal funds—
(i)
removed
to administer the prize competition; and
(ii)
removed
to award a cash prize;
(E)
removed
carry out activities to generate contributions of non-Federal funds to offset, in whole or in part—
(i)
removed
the administrative costs of the prize competition; and
(ii)
removed
the costs of a cash prize;
(F)
removed
in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners;
(G)
removed
provide advice and consultation to the Secretary on the selection of judges under section 125 based on criteria developed in consultation with, and subject to the final approval of, the Secretary;
(H)
removed
announce 1 or more annual winners of the prize competition;
(I)
removed
subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and
(J)
removed
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)
removed
Additional cash prizes— The Marine Debris Foundation may award more than 1 cash prize in a year—
(A)
removed
if the initial cash prize referred to in paragraph (1)(I) and any additional cash prizes are awarded using only non-Federal funds; and
(B)
removed
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)
removed
Solicitation of funds— The Marine Debris Foundation—
(A)
removed
may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition;
(B)
removed
may accept a contribution for a cash prize in exchange for the right to name the prize; and
(C)
removed
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. 201
Statement of policy on international cooperation to combat marine debris
It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, and the private sector, in a concerted effort—
(1)
to increase knowledge and raise awareness about—
(A)
changed
the linkages between the sources of plastic waste, mismanaged waste, waste and post-consumer materials, and marine debris; and
(B)
changed
the upstream and downstream causes and effects of plastic waste, mismanaged waste, waste and post-consumer materials, and marine debris on marine environments, marine wildlife, human health, and economic development;
(A)
changed
strengthening systems for reducing the generation of plastic waste and recovering, managing, reusing (to the extent practicable), reusing, and recycling plastic waste, marine debris, and microfiber pollution in the world’s oceans, emphasizing upstream waste post-consumer materials management solutions—
(i)
changed
to mitigate 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)
changed
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)
changed
access to information on best practices in waste post-consumer materials management, options for waste system 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—
(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)
changed
to share best practices in waste post-consumer materials management systems to prevent the entry of plastic waste into the environment.
Sec. 202
Prioritization of efforts and assistance to combat marine debris and improve plastic waste management
(a)
In general— The Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development, as appropriate, and the officials specified in subsection (b)—
(1)
lead and coordinate efforts to implement the policy described in section 201; and
(2)
develop strategies and implement programs that prioritize engagement and cooperation with foreign governments, subnational and local stakeholders, and the private sector to expedite efforts and assistance in foreign countries—
(A)
to partner with, encourage, advise and facilitate national and subnational governments on the development and execution, where practicable, of national projects, programs and initiatives to—
(i)
changed
improve the capacity, security, and standards of operations of waste post-consumer materials management systems;
(ii)
changed
monitor and track how well waste 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)
changed
identify waste management systems’ 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)
changed
conduct outreach campaigns to raise public awareness of the importance of proper waste disposal;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)
changed
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 and waste collection services in foreign countries by—
(i)
changed
maximizing the number of people and businesses, in both rural and urban communities, receiving reliable solid waste management services and using safe and responsible practices for properly disposing, including recycling or reusing waste materials;post-consumer materials management services;
(ii)
changed
improving and expanding the capacity of foreign industries to responsibly manage waste;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)
changed
eliminating incentives that undermine responsible waste post-consumer materials management practices and lead to improper waste disposal practices and leakage;
(v)
building the capacity of countries—
(I)
changed
to reduce, monitor, regulate, and manage waste, post-consumer materials and plastic waste, and pollution appropriately and transparently;transparently, including imports of plastic waste from the United States and other countries;
(II)
changed
to encourage private investment in waste management, including collection services and responsible post-consumer materials management and beneficial reuse of plastic waste products; reduction; and
(III)
changed
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)
The heads of such other agencies as the Secretary of State considers appropriate.
(c)
changed
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)
changed
rivers and coastal areas that are the most severe sources of marine debris.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
changed
In implementing the policy described in section 201, the President shall direct the United States representatives to appropriate international bodies and conferences (such as (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)
changed
commit to significantly increasing efforts to promote investment in well-designed waste post-consumer materials management and plastic waste elimination and mitigation projects and services that increase access to safe waste post-consumer materials management and mitigation services, in partnership with the private sector and consistent with the constraints of other countries;
(2)
changed
address the waste post-consumer materials management needs of individuals and communities where access to municipal waste post-consumer materials management services is historically impractical or cost-prohibitive;
(3)
enhance coordination with the private sector—
(A)
changed
to increase access to solid waste and post-consumer materials management services;
(B)
to utilize safe and affordable reusable alternatives to disposable plastic products, to the extent practicable;
(C)
to encourage and incentivize the use of recycled content; and
(D)
to grow economic opportunities and develop markets for recyclable, reusable, and repurposed plastic waste materials and other efforts that support the circular economy;
(4)
provide technical assistance to foreign regulatory authorities and governments to remove unnecessary barriers to investment in otherwise commercially-viable projects related to—
(A)
changed
waste management including recycling;post-consumer materials management;
(B)
changed
the use of safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; products; or
(C)
changed
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)
changed
developing and implementing best practices for collecting, disposing, recycling, and reusing plastic waste, including building capacity for improving waste management at the national and subnational levels of foreign countries, particularly countries with little to no solid waste or post-consumer materials management systems, facilities, or policies in place;place for—
(i)
added
collecting, disposing, recycling, and reusing plastic waste and post-consumer materials, including building capacity for improving post-consumer materials management; and
(ii)
added
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)
changed
integrating tracking and monitoring systems into waste 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)
changed
encouraging the World Bank and other international finance organizations to prioritize efforts to reduce plastic waste and combat marine debris;
(G)
changed
collaborating on technological advances in waste post-consumer materials management and recycled plastics;
(H)
changed
growing economic opportunities and developing markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials and other efforts that support the circular economy; and
(I)
advising foreign countries, at both the national and subnational levels, on the development and execution of regulatory policies, services, including recycling and reuse of plastic, and laws pertaining to reducing the creation and the collection and safe management of—
(ii)
added
post-consumer materials;
(iii)
renumbered
was (8)(10)(3)
plastic waste; and
(iv)
renumbered
was (8)(10)(4)
marine debris.
Sec. 302
Sense of the Senate for issues to be included in strategy for post-consumer materials management and water management
added
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—
(a)
removed
In general— Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve waste management and recycling infrastructure, particularly for waste management and recycling infrastructure systems not meeting national standards under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and other waste standards, for the purpose of reducing potential leakage of plastic waste and other solid waste into waterways and oceans.
(1)
changed
Release— On development of the strategy under subsection (a), the EPA Administrator shall—harmonization of post-consumer materials management protocols, including—
(A)
added
an evaluation of waste streams to determine which waste streams are most likely to become marine debris; and
(B)
changed
distribute the strategy a determination of how to States and units reduce the generation of local government; andproducts that contribute to those waste streams;
(2)
removed
make the strategy publicly available for use by—
(A)
removed
for-profit private waste management and recycling entities; and
(B)
removed
other nongovernmental entities.
(2)
changed
Sense of Congress— It is the sense of Congress that the strategy under subsection (a) should include guidance, best practices for the purpose of reducing potential leakage collection of plastic waste and other solid waste into waterways and oceans, relating to—post-consumer recyclables;
(3)
added
improved quality and sorting of post-consumer recyclable materials through opportunities such as—
(1)
removed
the harmonization of waste collection protocols;
(2)
removed
the harmonization of recycling protocols for municipal recycling programs, including—
(A)
removed
best practices for the collection of residential recyclables;
(B)
removed
improved quality and sorting of recyclable materials through opportunities such as—
(A)
renumbered
was (4)(4)(3)(2)
education and awareness programs;
(B)
renumbered
was (4)(4)(3)(3)
improved infrastructure, including new equipment and innovative technologies for processing of recyclable materials;
(C)
renumbered
was (4)(4)(3)(4)
enhanced markets for recycled material; and
(D)
added
standardized measurements;
(4)
added
increasing capacity, where practicable, for more types of plastic (including plastic films) and other materials to be reduced, collected, processed, and recycled or repurposed into usable materials or products;
(5)
added
the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives—
(A)
added
to improve operations for post-consumer materials management and reduce the generation of plastic waste;
(B)
added
to monitor how well post-consumer materials management entities are functioning;
(i)
added
to identify the operational challenges of post-consumer materials management; and
(iv)
removed
standardized measurements; and
(C)
removed
increasing capacity for more types of plastic (including plastic films) and other materials to be collected, processed, and recycled or repurposed into usable materials or products;
(3)
removed
the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance in States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives—
(A)
removed
to improve the capacity, security, and standards of operations of waste management systems;
(B)
removed
to monitor and track how well waste management systems are functioning, based on uniform and transparent standards developed in cooperation with municipal, industrial, Federal, and civil society stakeholders;
(i)
removed
to identify the operational challenges of waste management systems; and
(ii)
renumbered
was (4)(5)(4)(2)
to develop policy and programmatic solutions to those challenges; and
(D)
added
to end intentional and unintentional incentives to improperly dispose of post-consumer materials;
(6)
added
strengthening markets for products with high levels of recycled plastic content; and
(7)
added
the consideration of complementary activities, such as—
(A)
added
reducing waste upstream and at the source of the waste, including anti-litter initiatives;
(B)
added
developing effective post-consumer materials management provisions in stormwater management plans;
(C)
added
capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(D)
added
providing education and outreach relating to post-consumer materials movement and reduction;
(E)
added
monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices; and
(F)
added
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.
(D)
removed
to end intentional and unintentional incentives for municipalities, industries, and individuals to improperly dispose of municipal solid waste; and
(4)
removed
strengthening markets for products with high levels of recycled plastic content.
(d)
removed
Complementary activities— It is the sense of Congress that the strategy developed under subsection (a) should include guidance on activities that are complementary to the activities described in subsection (c), such as—
(1)
removed
reducing waste at the source of the waste, including anti-litter initiatives;
(2)
removed
developing effective trash provisions for—
(A)
removed
national pollutant discharge elimination system permits issued to municipal separate storm sewer systems under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); and
(B)
removed
stormwater management plans;
(3)
removed
capturing trash at stormwater inlets, stormwater outfalls, or in bodies of water;
(4)
removed
providing education and outreach relating to trash movement and reduction; and
(5)
removed
monitoring or modeling waste flows and the reduction of waste resulting from the implementation of best management practices.
(a)
changed
Block grants to States To establish loan funds—Post-Consumer Materials Management Infrastructure Grant Program—
(1)
changed
In general— The EPA Administrator shall offer to enter into agreements with eligible States may provide grants to make capitalization block grants, including letters of credit, States, as defined in section 2, to implement the States strategy developed under this subsection—section 301(a) and—
(A)
changed
to support improvements to local waste management systems, post-consumer materials management, including traditional and innovative municipal recycling and reuse technologies;programs;
(B)
changed
to assist local waste management authorities in making improvements to local waste management systems—systems;
(i)
removed
to meet waste management standards under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.), particularly with respect to systems falling significantly below national standards under that subtitle, as determined by the EPA Administrator; and
(ii)
removed
to implement the strategy developed under section 302(a);
(C)
to deploy waste interceptor technologies, such as “trash wheels” and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and
(D)
for such other purposes as the EPA Administrator determines to be appropriate.
(2)
changed
Eligibility—Applications— To be eligible to receive a capitalization block grant under this subsection, a paragraph (1), the applicant State shall—shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(A)
removed
enter into a capitalization agreement with the EPA Administrator under paragraph (1); and
(B)
removed
establish a waste management revolving State loan fund.
(3)
changed
Deposit—Contents of applications— Funds from a capitalization block grant to a State under this subsection shall be deposited in In developing application requirements, the EPA Administrator shall consider requesting that a State loan fund established by the State.applicant provide—
(A)
added
a description of—
(i)
added
the project or projects to be carried out by entities receiving the grant; 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)
changed
Period—Report to Congress— Funds from a capitalization block grant to a State under this subsection Not later than January 1, 2023, the EPA Administrator shall be available submit to the State for obligation—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)
changed
during the fiscal year for which a description of the funds are authorized; andactivities carried out under this subsection;
(B)
changed
during estimates as to how much plastic waste was prevented from entering the following fiscal year.oceans and other waterways as a result of activities funded by the grant; and
(C)
added
a recommendation on the utility of evolving the grant program into a new waste management State revolving fund.
(5)
removed
Allotment— Funds made available to carry out this section shall be allotted to States at the discretion of the EPA Administrator.
(6)
removed
Reallotment— Any funds not obligated by a State by the last day of the period for which the block grants are available shall be reallotted in accordance with paragraph (5).
(b)
changed
Use of funds—Drinking water infrastructure grants—
(1)
changed
In general— Amounts deposited in a State loan fund, The EPA Administrator may provide competitive grants to units of local government, including loan repayments 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 interest earned on public water systems (as defined in section 1401 of the amounts, shall be used only—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.
(A)
removed
for providing loans or loan guarantees;
(B)
removed
for outcomes-based or performance payments; or
(C)
removed
as a source of reserve and security for leveraged loans.
(2)
changed
Limitations—Applications— Loans or loan guarantees made by To be eligible to receive a State grant under paragraph (1)(A)—(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.
(A)
removed
may be used only for expenditures of a type or category that the EPA Administrator has determined, through guidance, will—
(i)
removed
facilitate compliance with an intended use plan; or
(ii)
removed
otherwise significantly further the purposes described in subparagraphs (A) through (C) of subsection (a)(1); and
(B)
removed
may not be used for the acquisition of real property or an interest in real property, unless the acquisition is—
(i)
removed
integral to an intended use plan; and
(ii)
removed
from a willing seller.
(c)
changed
Intended use plans—Wastewater infrastructure grants—
(1)
changed
In general— After providing for public review and comment, each State that has entered into a capitalization agreement under subsection (a)(1) annually shall prepare a plan The EPA Administrator may provide grants to units of local government, including units of local government that identifies the intended uses own treatment works (as defined in section 212 of the amounts available from the State loan fund Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the State.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)
changed
Contents—Applications— An intended use plan To be eligible to receive a grant under paragraph (1), an applicant shall include—submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(A)
removed
a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the intended use plan, including a description of the project;
(B)
removed
a description of how the funds will support disadvantaged communities;
(C)
removed
the criteria and methods established for the use of the funds; and
(D)
removed
a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund.
(3)
removed
List of projects— Each State, after notice and opportunity for public comment, shall publish, and periodically update, a list of projects in the State that are eligible for assistance under this section, including—
(A)
removed
the priority assigned to each project; and
(B)
removed
to the maximum extent practicable, the expected funding schedule for each project.
(d)
changed
Fund management—Trash-free waters grants—
(1)
changed
In general— Each State loan fund shall be established, maintained, and credited with repayments and interest, The EPA Administrator may provide grants to units of local government, Indian Tribes, and the fund corpus shall be available in perpetuity in accordance with this section.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
Investment authorized—Applications— To the extent amounts in the State loan fund of be eligible to receive a State are not required for current obligation or expenditure, the amounts grant under paragraph (1), an applicant shall be invested submit to the EPA Administrator an application at such time, in interest bearing obligations.such manner, and 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.
(e)
removed
State contributions— Each capitalization agreement entered into under subsection (a)(1) shall require that the State deposit in the State loan fund from State funds an amount equal to not less than 20 percent of the total amount of the block grant to be made to the State on or before the date on which the block grant payment is made to the State.
(f)
removed
Administration of State loan fund—
(1)
removed
In general— Each State annually may use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act.
(2)
removed
Guidance and regulations— The EPA Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations—
(A)
removed
to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law;
(B)
removed
to prevent waste, fraud, and abuse; and
(C)
removed
to ensure that the States receiving block grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards.
(3)
removed
State report— Not less frequently than every 2 years, each State administering a State loan fund under this section shall submit to the EPA Administrator a report describing the activities carried out under this section, including the findings of the most recent audit of the State loan fund and the entire State allotment.
(4)
removed
Audits— The EPA Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States in accordance with procedures established by the Comptroller General of the United States.
(g)
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 State loan fund established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code.
(2)
renumbered
was (8)(3)
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)
added
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)
added
Authorization of appropriations—
(1)
added
In general— Subject to paragraph (2), there are authorized to be appropriated—
(A)
added
for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and
(B)
added
for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.
(2)
added
No impact on other Federal funds—
(A)
added
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)
added
Programs described— The programs referred to in subparagraph (A) are—
(i)
added
State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
(ii)
added
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)
added
State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
(h)
removed
Authorization of appropriations— There are authorized to be appropriated to carry out this section such amounts as are necessary for each of fiscal years 2020 through 2025.
Sec. 304
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
Waste management infrastructure grant program—
(1)
removed
In general— The EPA Administrator may provide grants to units of local government, Indian Tribes, and local waste management systems—
(A)
removed
to assist those entities in making improvements to waste management systems—
(i)
removed
to meet waste management standards established under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.); and
(ii)
removed
to implement the strategy developed section 302(a); and
(B)
removed
to support improvements to local waste management systems, including traditional and innovative recycling and reuse technologies.
(1)
changed
Applications— To be eligible to receive conduct a grant under paragraph (1), an applicant 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)
added
as part of the 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;
(i)
added
the effectiveness and utility of the uses of plastic waste described in that paragraph;
(ii)
added
the extent to which plastic 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)
added
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)
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).
(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 removing plastic waste from drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments.
(2)
removed
Preference— In making grants under paragraph (1), the EPA Administrator shall give preference to applicants that—
(A)
removed
seek to improve the removal of microplastics, including microfibers, from drinking water; and
(B)
removed
have demonstrated prior commitment and success in reducing other pollution sources in drinking water, such as lead and other contaminants.
(3)
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))) and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in removing plastic waste from wastewater.
(2)
removed
Preference— In making grants under paragraph (1), the EPA Administrator shall give preference to applicants that—
(A)
removed
seek to improve the removal of microplastics, including microfibers, from wastewater; and
(B)
removed
have demonstrated prior commitment and success in reducing other pollution sources in wastewater, such as nutrient pollution and other contaminants.
(3)
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 political subdivisions of States and units of local government, Indian Tribes, and nonprofit organizations—
(A)
removed
to support projects to reduce the quantity of trash in bodies of water by reducing the quantity of trash at the source of the trash, including anti-litter initiatives;
(B)
removed
to enforce local trash ordinances;
(C)
removed
to implement the trash provisions of a national pollutant discharge elimination system permit issued to a municipal separate storm sewer system under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342);
(D)
removed
to capture trash at stormwater inlets, stormwater outfalls, or in bodies of water;
(E)
removed
to provide education and outreach about trash movement and reduction; and
(F)
removed
to monitor or model flows of trash, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of trash in sources of drinking water.
(2)
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
Authorization of appropriations—
(1)
removed
In general— Subject to paragraph (2), there are authorized to be appropriated such sums as are necessary to carry out this section.
(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. 305
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 seek to jointly 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 of the feasibility and advisability of innovative uses of plastic waste in roadways, bridges, and other infrastructure; and
(2)
removed
as part of the study under paragraph (1)—
(A)
removed
identify international examples of—
(i)
removed
the use of materials described in that paragraph; and
(ii)
removed
projects in which the use of plastic waste has been applied;
(B)
removed
assess the economic benefits, if any, including employment opportunities, to municipalities and States in investing in innovative reuse of plastic waste in infrastructure; and
(C)
removed
if the National Academies consider uses described in that paragraph to be advisable, make recommendations with respect to what Federal testing standards and other barriers may need to be addressed to enable those uses, including with respect to ensuring human health and safety.
(b)
changed
Report required— Not later than 2 years after the date of enactment of this Act, the Secretary 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;
(A)
added
an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and
(B)
added
if the assessment under subparagraph (A) is positive—
(i)
added
the extent to which microplastics are present in the food supplies and sources of drinking water; and
(ii)
added
an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water;
(4)
added
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)
added
an identification of the most significant sources of those microplastics; and
(B)
added
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)
added
a measurement of—
(A)
added
the quantity of environmental chemicals that absorb 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.
(c)
removed
Grant program—
(1)
removed
In general— If the National Academies consider the innovative uses of plastic waste described in subsection (a)(1) to be advisable, and the Secretary agrees, the Secretary shall establish a grant program to encourage those uses.
(2)
removed
Demonstration projects— If the Secretary establishes a grant program under paragraph (1), the Secretary shall carry out the grant program by selecting, through a competitive process, not more than 5 projects to demonstrate the uses described in subsection (a)(1), each of which shall be located in a different region of the United States.
(3)
removed
Report— Not later than 180 days after the date on which the last demonstration project, if any, is completed under paragraph (2), the Secretary shall submit to Congress a report summarizing the results of the demonstration projects, including—
(A)
removed
the total quantity of plastic waste redirected from the waste stream into infrastructure;
(B)
removed
the durability of the infrastructure constructed with plastic waste; and
(C)
removed
any cost savings achieved through the use of plastic waste in the demonstration projects.
(d)
removed
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.