--- kind: "diff" citation: "S. 1982" bill: "116-s-1982" heading: "Save Our Seas 2.0 Act" from: "is" from_label: "Introduced in Senate" to: "es" to_label: "Engrossed in Senate" sections_amended: 32 sections_added: 1 sections_removed: 4 url: "https://uscodex.org/bills/116/s/1982/changes/es" --- # S. 1982 — what changed S. 1982, Save Our Seas 2.0 Act — 32 sections amended, 1 added, and 4 removed between Introduced in Senate and Engrossed in Senate. Edits are marked `struck` and `inserted`. ## Section 1 Short title; table of contents - (a) Short title— This Act may be cited as the “Save Our Seas 2.0 Act” or the “SOS 2.0 Act”. - (b) Table of contents— The table of contents for of this Act is as follows: ## Sec. 2 Definitions - In this Act: - (1) Circular economy— The term circular economy means an economy that uses a systems-focused approach and involves industrial processes and economic activities that— - (A) are restorative or regenerative by design; - (B) enable resources used in such processes and activities to maintain their highest values for as long as possible; and - (C) aim for the elimination of waste through the superior design of materials, products, and systems (including business models). - (2) EPA Administrator— The term EPA Administrator means the Administrator of the Environmental Protection Agency. - (3) Indian Tribe— The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).5304), without regard to capitalization. - (4) Interagency Marine Debris Coordinating Committee— The term Interagency Marine Debris Coordinating Committee means the Interagency Marine Debris Coordinating Committee established under section 5 of the Marine Debris Act (33 U.S.C. 1954). - (5) [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) [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) [was (7)(3)] marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source; - (B) [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) [was (7)(5)] marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm. - (7) [was (8)] Non-Federal funds— The term non-Federal funds means funds provided by— - (A) [was (8)(3)] a State; - (B) [was (8)(4)] an Indian Tribe; - (C) [was (8)(5)] a territory of the United States; - (D) [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) a foreign government; - (F) [was (8)(7)] a private for-profit entity; - (G) [was (8)(8)] a nonprofit organization; or - (H) [was (8)(9)] a private individual. - (8) [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) Post-consumer materials management— The term post-consumer materials management means the systems, operation, supervision, and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including— - (A) collection; - (B) transport; - (C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and - (D) systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished. - (10) [was (10)] State— The term State means— - (A) [was (10)(3)] a State; - (B) [was (10)(4)] an Indian Tribe; - (C) the District of Columbia; - (D) a territory or possession of the United States; or - (E) any political subdivision of an entity described in subparagraphs (A) through (D). - (C) the District of Columbia; and - (D) a territory or possession of the United States. - (11) [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) Waste management— The term waste management means the systems, operation, supervision, and aftercare of processes and equipment used for waste— - (A) collection; - (B) transport; - (C) recovery; - (D) reuse; - (E) recycling; and - (F) safe disposal of waste when recovery, reuse, or recycling are not otherwise available. ## Sec. 3 Sense of Congress — removed - It is the sense of Congress that— - (1) eliminating plastic waste from the oceans requires a multi-faceted approach, including waste reduction and prevention, reuse and recycling, and innovation; - (2) both domestic and international efforts are required to make progress in combating marine debris; - (3) efforts by States, communities, and corporations to minimize the use of single-use plastic products have been successful in raising awareness of the marine debris issue; and - (4) while we make progress toward a more sustainable future, we must recognize that there is significant amount of plastic waste that has already been created that must be prevented from entering the oceans through recycling, reuse, repurposing, and other innovative means. ## Sec. 101 Marine Debris Response Trust Fund — removed - (a) In general— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following: - “9512. Marine Debris Response Trust Fund - “(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. - “(b) Purposes of Trust Fund - “(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— - “(A) monitoring, response, and prevention; - “(B) providing funding to States, territories, Tribes, and other United States Government and nongovernmental organizations supporting prevention, cleanup, and response efforts; or - “(C) administrative costs relating to distributing amounts from the Trust Fund. - “(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— - “(A) marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source; - “(B) distinct, nonrecurring marine debris, including derelict vessel groundings and container spills, that have immediate or long-term impacts on habitats with high ecological, economic, or human-use values; or - “(C) marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm. - “(c) Limitations on expenditures - “(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. - “(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. - “(3) Maximum balance—Amounts in the Marine Debris Response Trust Fund may not exceed $500,000,000. - “(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. - “(e) Authority To borrow - “(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. - “(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. - “(3) Repayment of advances - “(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. - “(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. - “(C) Rate of interest—Interest on advances made pursuant to this subsection shall be— - “(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 - “(ii) compounded annually. - “(f) Availability of funds—Amounts in the Marine Debris Response Trust Fund shall— - “(1) be available without fiscal year limitation and without apportionment; and - “(2) shall supplement and not supplant other amounts available for responding to marine debris events. - “(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. - “(h) Administration—The Under Secretary of Commerce for Oceans and Atmosphere shall prescribe regulations— - “(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 - “(2) providing guidance with respect to what constitutes an event for which amounts will be distributed from the Trust Fund. - “(i) Liability of the United States limited to amount in Trust Fund - “(1) In general—Any claim filed against the Marine Debris Response Trust Fund may be paid only out of the Trust Fund. - “(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. - “(j) Non-Federal contributions to the Trust Fund - “(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. - “(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) 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. 111 Establishment and purposes of Foundation - (a) Establishment— There is established the Marine Debris Foundation (in this subtitle title referred to as the “Foundation”). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States. - (b) Purposes— The purposes of the Foundation are— - (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the National Oceanic and Atmospheric Administration under the Marine Debris Program established under section 3 of the Marine Debris Act (33 U.S.C. 1952), and other relevant programs and agencies; - (2) to undertake and conduct such other activities as will further the efforts of the National Oceanic and Atmospheric Administration to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety; - (3) to participate with, and otherwise assist, State, local, and Tribal governments, foreign governments, entities, and individuals in undertaking and conducting activities to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris and its root causes on the economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety; andsafety; - (4) to administer the Genius Prize for Save Our Seas Innovation as described in title II; and - (5) [was (3)(6)] to support other Federal actions to reduce marine debris. ## Sec. 112 Board of Directors of the Foundation - (a) Establishment and membership— - (1) In general— The Foundation shall have a governing Board of Directors (in this 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) 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. - (2) Terms— - (A) In general— Subject to subparagraph (B), each Director (other than the Under Secretary) shall be appointed for a term of 6 years. - (B) Initial appointments to new member positions— Of the Directors appointed by the Under Secretary under paragraph (1), the Secretary shall appoint, not later than 180 days after the date of the enactment of this Act— - (i) four 4 Directors for a term of 6 years; - (ii) four 4 Directors for a term of 4 years; and - (iii) four 4 Directors for a term of 2 years. - (3) Vacancies— - (A) In general— The Under Secretary shall fill a vacancy on the Board. - (B) Term of appointments to fill unexpired terms— An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. - (4) Reappointment— An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. - (5) Request for removal— The executive committee of the Board may submit to the Under Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board. - (6) Consultation before removal— Before removing any Director from the Board, the Under Secretary shall consult with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, and the EPA Administrator. - (c) Chairman— The Chairman shall be elected by the Board from its members for a 2-year term. - (d) Quorum— A majority of the current membership of the Board shall constitute a quorum for the transaction of business. - (e) Meetings— The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b). - (f) Reimbursement of expenses— Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. - (g) General powers— - (1) In general— The Board may complete the organization of the Foundation by— - (A) appointing officers and employees; - (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this subtitle; title; and - (C) 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) may conduct business throughout the several States, territories, and possessions of the United States and abroad;abroad; and - (3) 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) [was (2)(6)] shall at all times maintain a designated agent authorized to accept service of process for the Foundation. - (b) Service of process— The serving of notice to, or service of process upon, the agent required under subsection (a)(4), (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. - (c) Powers— - (1) In general— To carry out its purposes under section 111, the Foundation shall have, in addition to the powers otherwise given it under this title, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power— - (c) Seal— The Foundation shall have an official seal selected by the Board which shall be judicially noticed. - (d) Powers— - (1) In general— To carry out its purposes under section 111, the Foundation shall have, in addition to the powers otherwise given it under this subtitle, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power— - (A) [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) [was (5)(2)(4)] to acquire by purchase or exchange any real or personal property or interest therein; - (C) [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) [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) [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) [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) [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) [was (5)(2)(10)] to borrow money and issue bonds, debentures, or other debt instruments; - (I) [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) [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) [was (5)(2)(13)] to do any and all acts necessary and proper to carry out the purposes of the Foundation. - (2) [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) [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) [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) [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. 114 Administrative services and support - (a) Provision of services— The Under Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the current Federal Government per diem rates, for a period of up to 5 years beginning on the date of the enactment of this Act. - (b) Reimbursement— The Foundation may reimburse the Under Secretary shall require reimbursement from the Foundation for any administrative service provided under subsection (a). The Under Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. ## Sec. 115 Volunteer status - The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this subtitle.title. ## Sec. 116 Report requirements; petition of attorney general for equitable relief - (a) Report— The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives a report— - (1) describing the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments; and - (2) including a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year. - (b) Relief with respect to certain foundation acts or failure To act— If the Foundation— - (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 111(b); 111(b), or - (2) refuses, fails, or neglects to discharge its obligations under this subtitle, title, or threatens to do so, ## Sec. 118 Authorization of appropriations - (a) Authorization of appropriations— - (1) In general— There are authorized to be appropriated to the The Secretary of Commerce such sums as may be necessary to shall carry out this subtitle for each title using existing amounts that are appropriated or otherwise made available to the Department of fiscal years 2020 through 2025.Commerce. - (2) Use of appropriated funds— Subject to paragraph (3), amounts made available under paragraph (1) shall be provided to the Foundation to match contributions (whether in currency, services, or property) made to the Foundation, or to a recipient of a grant provided by the Foundation, by private persons and State and local government agencies. - (3) Prohibition on use for administrative expenses— - (A) In general— Except as provided in subparagraph (B), no Federal funds made available under paragraph (1) may be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. - (B) Exception— The Secretary may allow the use of Federal funds made available under paragraph (1) to pay for salaries during the 18-month period beginning on the date of the enactment of this Act. - (b) Additional authorization— - (1) In general— In addition to the amounts authorized to be appropriated 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 subtitle.title. - (2) Use of funds accepted from Federal agencies— Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. - (c) Prohibition on use of grant amounts for litigation and lobbying expenses— Amounts provided as a grant by the Foundation shall not be used for— - (1) any expense related to litigation consistent with Federal-wide cost principles; or - (2) any activity the purpose of which is to influence legislation pending before Congress consistent with Federal-wide cost principles. ## Sec. 119 Termination of authority — added - The authority of the Foundation under this subtitle shall terminate on the date that is 10 years after the establishment of the Foundation, unless the Foundation is reauthorized by an Act of Congress. ## Sec. 122 Genius prize for Save Our Seas Innovations - (a) In general— - (1) In General— Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition— - (A) to encourage technological innovation with the potential to reduce plastic waste, and associated and potential pollution, and thereby prevent marine debris; and - (B) to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, in one of the categories described in paragraph (2). - (a) 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) 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) Advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without harming the environment, wildlife, or human health. - (B) Innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and promote a circular economy. - (C) Improvements in marine debris detection, monitoring, and cleanup technologies and processes. - (D) Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or reuse. - (E) New designs or strategies to reduce overall packaging needs and promote reuse. - (2) to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, including— - (A) advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without harming the environment, wildlife, or human health; - (B) innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and promote a circular economy; - (C) improvements in marine debris detection, monitoring, and cleanup technologies and processes; - (D) technological improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, reuse, or repurposing; and - (E) 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) 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) 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) Duties— select a topic;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— issue The Marine Debris Foundation may award more than 1 cash prize in a problem statement; andyear— - (A) if the initial cash prize referred to in paragraph (1)(I) and any additional cash prizes are awarded using only non-Federal funds; and - (B) consisting of an amount determined by the Under Secretary after the Secretary is notified by the Marine Debris Foundation that non-Federal funds are available for an additional cash prize. - (3) Solicitation of funds— 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) 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. - (c) Competition judges— A member of the Committee may serve as a judge for the prize competition under section 125. - (d) 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) 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) 1 or more Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; - (2) 1 or more State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; - (3) 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) 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) 1 or more experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and - (6) experts in the following areas: - (A) Polymer chemistry. - (B) Wildlife conservation and management. - (C) Marine biology or animal science. - (D) Waste management. - (E) Technology development. - (F) Engineering. - (G) Lifecycle assessment. - (H) Economics. - (I) Recycling. - (J) Business development and management. - (K) Marine environmental chemistry. - (L) Any other discipline that the Secretary determines to be necessary to achieve the purposes of this subtitle. - (f) Nonapplicability of the Federal Advisory Committee Act— - (1) In general— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Committee. - (2) 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. ## Sec. 124 Judges - (a) 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) 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) 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 consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; - (G) 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) announce 1 or more annual winners of the prize competition; - (I) subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and - (J) protect against unauthorized use or disclosure by the Marine Debris Foundation of any trade secret or confidential business information of a prize competition participant. - (2) Additional cash prizes— The Marine Debris Foundation may award more than 1 cash prize in a year— - (A) if the initial cash prize referred to in paragraph (1)(I) and any additional cash prizes are awarded using only non-Federal funds; and - (B) consisting of an amount determined by the Under Secretary after the Secretary is notified by the Marine Debris Foundation that non-Federal funds are available for an additional cash prize. - (3) Solicitation of funds— The Marine Debris Foundation— - (A) may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition; - (B) may accept a contribution for a cash prize in exchange for the right to name the prize; and - (C) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this section. ## Sec. 125 Report to Congress - Not later than 60 days after the date on which a cash prize is awarded under this title, the Secretary shall post on a publicly available website a report on the prize competition that includes— - (a) Appointment— The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition. - (1) Determination by the secretary— The judges appointed under subsection (a) shall not select any annual winner of a statement by the prize competition if Committee that describes the Secretary makes a determination that, in any fiscal year, none of activities carried out by the technological advancements entered into Committee relating to the prize competition merits an award.duties described in section 123; - (2) if the Secretary has entered into an agreement under section 123, a statement by the Marine Debris Foundation that describes the activities carried out by the Marine Debris Foundation relating to the duties described in section 123; and - (3) a statement by 1 or more of the judges appointed under section 124 that explains the basis on which the winner of the cash prize was selected. ## Sec. 126 Authorization of appropriations - Not later than 60 days after the date on which a cash prize is awarded under this subtitle, the The Secretary of Commerce shall submit carry out this title using existing amounts that are appropriated or otherwise made available to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House Department of Representatives a report on the prize competition that includes—Commerce. - (1) a statement by the Committee that describes the activities carried out by the Committee relating to the duties described in section 123; - (2) if the Secretary has entered into an agreement under section 124, a statement by the Marine Debris Foundation that describes the activities carried out by the Marine Debris Foundation relating to the duties described in section 123; and - (3) a statement by 1 or more of the judges appointed under section 125 that explains the basis on which the winner of the cash prize was selected. ## Sec. 127 Termination of authority - The prize program will terminate after 5 prize competition cycles have been completed. - (a) Authorization— There are authorized to be appropriated such sums as may be necessary for expenses, including administrative expenses, relating to the prize competition. - (b) Reimbursement of expenses— Members of the Committee and judges appointed under section 125 shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses. ## Sec. 128 Termination of authority — removed - The prize program will terminate after 5 prize competition cycles have been completed. ## Sec. 131 Prioritization of marine debris in existing innovation and entrepreneurship programs - The Secretary of Commerce, the Secretary of Energy, the EPA Administrator, and the heads of other relevant Federal agencies, shall prioritize efforts to combat marine debris in innovation and entrepreneurship programs established before the date of the enactment of this Act, including by using such programs to increase innovation in and the effectiveness of waste post-consumer materials management, monitoring, detection, and data-sharing related to the prevalence and location of marine debris, demand for recycled content, alternative uses for plastic waste, product design, reduction of disposable plastic consumer products and packaging, ocean biodegradable materials development, waste prevention, and cleanup. ## Sec. 135 Marine debris on National Forest System land - (a) Special-Use Special-use authorization— The Secretary of Agriculture (referred to in this section as the “Secretary”) shall not require a volunteer organization to obtain a special-use authorization for the removal of any marine debris being stored on National Forest System land. - (b) Temporary storage— Marine debris may be stored on National Forest System land in a location determined by the Secretary for a period of not more than 60 days.to 90 days, which may be extended in 90-day increments with approval by the relevant U.S. Forest Service District Ranger. - (c) Requirements— Except as otherwise provided in this section, any activities related to the removal of marine debris from National Forest System land shall be conducted in a manner consistent with applicable law and regulations and subject to such reasonable terms and conditions as the Secretary may require. ## Sec. 141 Report on opportunities for innovative uses of plastic waste - Not later than 2 years after the date of the enactment of this Act, the Interagency Marine Debris Coordinating Committee established under section 5 of the Marine Debris Act (33 U.S.C. 1954) (in this subtitle referred to as the “Interagency Marine Debris Coordinating Committee”) shall submit to Congress a report on innovative uses for plastic waste other than in infrastructure.consumer products. ## Sec. 143 Study on United States plastic pollution data - (a) In general— The Under Secretary, in consultation with the EPA Administrator, Administrator and the Secretary of the Interior, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following: - (1) An evaluation of United States contributions to global ocean plastic waste, including types, sources, and geographic variations. - (2) An assessment of the prevalence of marine debris and mismanaged plastic waste in saltwater and freshwater United States waterways.navigable waterways and tributaries. - (3) An examination of the import and export of plastic waste to and from the United States, including the destinations of the exported plastic waste and the waste management infrastructure and environmental conditions of these locations. - (4) Potential means to reduce United States contributions to global ocean plastic waste. - (b) Report— Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report on the study conducted under subsection (a) that includes— - (1) the findings of the National Academies; - (2) recommendations on knowledge gaps that warrant further scientific inquiry; and - (3) recommendations on the potential value of a national marine debris tracking and monitoring system and how such a system might be designed and implemented. ## Sec. 144 Study on mass balance methodologies to certify circular polymers - (a) In general— The National Institute of Standards and Technology shall conduct a study of available mass balance methodologies that are or could be readily standardized to certify circular polymers. - (b) Report— Not later than 1 year after the date of enactment of this Act, the Institute shall submit to Congress a report on the study conducted under subsection (a) that includes— - (1) an identification and assessment of existing mass balance methodologies, standards, and certification systems that are or may be applicable to supply chain sustainability of polymers, considering the full life cycle of the polymer, and including an examination of— - (A) the International Sustainability and Carbon Certification; and - (B) the Roundtable on Sustainable Biomaterials; and - (2) an assessment of any legal or regulatory barriers to developing a standard and certification system for circular polymers. - (c) Definitions— In this section: - (1) Circular polymers— The term circular polymers means polymers that can be reused multiple times or converted into a new, higher-quality product. - (2) Mass balance methodology— The term mass balance methodology means the method of chain of custody accounting designed to track the exact total amount of certain content in products or materials through the production system and to ensure an appropriate allocation of this content in the finished goods based on auditable bookkeeping. - Not later than 2 years after the date of the enactment of this Act, the Interagency Marine Debris Coordinating Committee shall submit to Congress a report on minimizing the creation of new plastic waste. ## Sec. 145 Report on sources and impacts of derelict fishing gear - Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report that includes— - (a) In general— The National Institute of Standards and Technology shall conduct a study of available mass balance methodologies that are or could be readily standardized to certify circular polymers. - (1) Report— Not later than 1 year after the date of enactment an analysis of this Act, the Institute shall submit to Congress a report on the study conducted under subsection (a) that includes—scale of fishing gear losses by domestic and foreign fisheries, including— - (A) how the amount of gear lost varies among— - (i) domestic and foreign fisheries; - (ii) types of fishing gear; and - (iii) methods of fishing; - (B) 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—how lost fishing gear is transported by ocean currents; and - (A) the International Sustainability and Carbon Certification; and - (B) the Roundtable on Sustainable Biomaterials; and - (C) an assessment of any legal or regulatory barriers to developing a standard and certification system for circular polymers.common reasons fishing gear is lost; - (2) Definitions— In this section:an evaluation of the ecological, human health, and maritime safety impacts of derelict fishing gear, and how those impacts vary across— - (A) types of fishing gear; - (B) Circular polymers— The term circular polymers means polymers that can be reused multiple times or converted into a new, higher-quality product.materials used to construct fishing gear; and - (C) Mass balance methodology— The term mass balance methodology means the method of chain of custody accounting designed to track the exact total amount of certain content in products or materials through the production system and to ensure an appropriate allocation of this content in the finished goods based on auditable bookkeeping.geographic location; - (3) recommendations on management measures— - (A) to prevent fishing gear losses; and - (B) to reduce the impacts of lost fishing gear; - (4) an assessment of the cost of implementing such management measures; and - (5) an assessment of the impact of fishing gear loss attributable to foreign countries. ## Sec. 201 Statement of policy on international cooperation to combat marine debris - It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, and the private sector, in a concerted effort— - (1) to increase knowledge and raise awareness about— - (A) the linkages between the sources of plastic waste, mismanaged waste, waste and post-consumer materials, and marine debris; and - (B) 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; - (2) to support— - (A) 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) 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) deployment of and access to advanced technologies to capture value from post-consumer materials and municipal solid waste streams through mechanical and other recycling systems; - (D) access to information on best practices in 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— - (A) on establishing— - (i) measurable targets for reducing marine debris, lost fishing gear, and plastic waste from all sources; and - (ii) action plans to achieve those targets with a mechanism to provide regular reporting; - (B) to promote consumer education, awareness, and outreach to prevent marine debris; - (C) to reduce marine debris by improving advance planning for marine debris events and responses to such events; and - (D) to share best practices in 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) improve the capacity, security, and standards of operations of waste post-consumer materials management systems; - (ii) 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) 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) 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) 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) 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) 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) 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) 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) 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) to encourage private investment, grow opportunities, and develop markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials, and products with high levels of recycled plastic content, at both national and local levels; and - (vi) promoting safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; and - (D) to research, identify, and facilitate opportunities to promote collection and proper disposal of damaged or derelict fishing gear. - (b) Officials specified— The officials specified in this subsection are the following: - (1) The United States Trade Representative. - (2) The Under Secretary. - (3) The EPA Administrator. - (4) The Director of the Trade and Development Agency. - (5) The President and the Board of Directors of the Overseas Private Investment Corporation or the Chief Executive Officer and the Board of Directors of the United States International Development Finance Corporation, as appropriate. - (6) The Chief Executive Officer and the Board of Directors of the Millennium Challenge Corporation. - (7) The heads of such other agencies as the Secretary of State considers appropriate. - (c) Prioritization— In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries with, and regional organizations in regions with— - (1) rapidly developing economies; and - (2) rivers and coastal areas that are the most severe sources of marine debris.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 (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) 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) 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) 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) waste management including recycling;post-consumer materials management; - (B) the use of safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; 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 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) 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 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) 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 waste post-consumer materials management and recycled plastics; - (H) growing economic opportunities and developing markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials and other efforts that support the circular economy; and - (I) advising foreign countries, at both the national and subnational levels, on the development and execution of regulatory policies, services, including recycling and reuse of plastic, and laws pertaining to reducing the creation and the collection and safe management of— - (i) solid waste; - (ii) post-consumer materials; - (iii) [was (8)(10)(3)] plastic waste; and - (iv) [was (8)(10)(4)] marine debris. ## Sec. 301 Strategy for improving post-consumer materials management and water management - (a) In general— Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve post-consumer materials management and infrastructure for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans. - In this title: - (b) Intended use plan—Release— The term intended use plan means a plan developed by a State On development of the strategy under section 303(c)(1).subsection (a), the EPA Administrator shall— - (1) distribute the strategy to States; and - (2) make the strategy publicly available for use by— - (A) for-profit private entities involved in post-consumer materials management; and - (B) other nongovernmental entities. - (2) State— The term State means— - (A) a State; - (B) an Indian Tribe; - (C) the District of Columbia; and - (D) a territory or possession of the United States. - (3) State loan fund— The term State loan fund means a waste management revolving loan fund established by a State under section 303(a)(2)(B). - (4) 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). ## Sec. 302 Sense of the Senate for issues to be included in strategy for post-consumer materials management and water management - It is the sense of the Senate that the strategy under section 301 should address, for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans— - (a) In general— Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve 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) Release— On development of the strategy under subsection (a), the EPA Administrator shall—harmonization of post-consumer materials management protocols, including— - (A) an evaluation of waste streams to determine which waste streams are most likely to become marine debris; and - (B) 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) make the strategy publicly available for use by— - (A) for-profit private waste management and recycling entities; and - (B) other nongovernmental entities. - (2) 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) improved quality and sorting of post-consumer recyclable materials through opportunities such as— - (1) the harmonization of waste collection protocols; - (2) the harmonization of recycling protocols for municipal recycling programs, including— - (A) best practices for the collection of residential recyclables; - (B) improved quality and sorting of recyclable materials through opportunities such as— - (A) [was (4)(4)(3)(2)] education and awareness programs; - (B) [was (4)(4)(3)(3)] improved infrastructure, including new equipment and innovative technologies for processing of recyclable materials; - (C) [was (4)(4)(3)(4)] enhanced markets for recycled material; and - (D) standardized measurements; - (4) increasing capacity, where practicable, for more types of plastic (including plastic films) and other materials to be reduced, collected, processed, and recycled or repurposed into usable materials or products; - (5) the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives— - (A) to improve operations for post-consumer materials management and reduce the generation of plastic waste; - (B) to monitor how well post-consumer materials management entities are functioning; - (C) - (i) to identify the operational challenges of post-consumer materials management; and - (iv) standardized measurements; and - (C) 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) 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) to improve the capacity, security, and standards of operations of waste management systems; - (B) 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; - (C) - (i) to identify the operational challenges of waste management systems; and - (ii) [was (4)(5)(4)(2)] to develop policy and programmatic solutions to those challenges; and - (D) to end intentional and unintentional incentives to improperly dispose of post-consumer materials; - (6) strengthening markets for products with high levels of recycled plastic content; and - (7) the consideration of complementary activities, such as— - (A) reducing waste upstream and at the source of the waste, including anti-litter initiatives; - (B) developing effective post-consumer materials management provisions in stormwater management plans; - (C) capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water; - (D) providing education and outreach relating to post-consumer materials movement and reduction; - (E) monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices; and - (F) incentives for manufacturers to design packaging and consumer goods that can more easily be reused, recycled, repurposed, or otherwise removed from the waste stream after their initial use. - (D) to end intentional and unintentional incentives for municipalities, industries, and individuals to improperly dispose of municipal solid waste; and - (4) strengthening markets for products with high levels of recycled plastic content. - (d) 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) reducing waste at the source of the waste, including anti-litter initiatives; - (2) developing effective trash provisions for— - (A) 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) stormwater management plans; - (3) capturing trash at stormwater inlets, stormwater outfalls, or in bodies of water; - (4) providing education and outreach relating to trash movement and reduction; and - (5) monitoring or modeling waste flows and the reduction of waste resulting from the implementation of best management practices. ## Sec. 303 Grant programs - (a) Block grants to States To establish loan funds—Post-Consumer Materials Management Infrastructure Grant Program— - (1) 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) to support improvements to local waste management systems, post-consumer materials management, including traditional and innovative municipal recycling and reuse technologies;programs; - (B) to assist local waste management authorities in making improvements to local waste management systems—systems; - (i) 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) 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) 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) enter into a capitalization agreement with the EPA Administrator under paragraph (1); and - (B) establish a waste management revolving State loan fund. - (3) 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) a description of— - (i) the project or projects to be carried out by entities receiving the grant; and - (ii) how the project or projects would result in the generation of less plastic waste; - (B) a description of how the funds will support disadvantaged communities; and - (C) an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials. - (4) 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) during the fiscal year for which a description of the funds are authorized; andactivities carried out under this subsection; - (B) 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) a recommendation on the utility of evolving the grant program into a new waste management State revolving fund. - (5) Allotment— Funds made available to carry out this section shall be allotted to States at the discretion of the EPA Administrator. - (6) 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) Use of funds—Drinking water infrastructure grants— - (1) 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) for providing loans or loan guarantees; - (B) for outcomes-based or performance payments; or - (C) as a source of reserve and security for leveraged loans. - (2) 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) may be used only for expenditures of a type or category that the EPA Administrator has determined, through guidance, will— - (i) facilitate compliance with an intended use plan; or - (ii) otherwise significantly further the purposes described in subparagraphs (A) through (C) of subsection (a)(1); and - (B) may not be used for the acquisition of real property or an interest in real property, unless the acquisition is— - (i) integral to an intended use plan; and - (ii) from a willing seller. - (c) Intended use plans—Wastewater infrastructure grants— - (1) 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) 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) 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) a description of how the funds will support disadvantaged communities; - (C) the criteria and methods established for the use of the funds; and - (D) a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund. - (3) 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) the priority assigned to each project; and - (B) to the maximum extent practicable, the expected funding schedule for each project. - (d) Fund management—Trash-free waters grants— - (1) 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) to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives; - (B) to enforce local post-consumer materials management ordinances; - (C) to implement State or local policies relating to solid waste; - (D) to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water; - (E) to provide education and outreach about post-consumer materials movement and reduction; and - (F) to monitor or model flows of post-consumer materials, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of plastic waste and other post-consumer materials in sources of drinking water. - (2) 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) Applicability of Federal law— - (1) In general— The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a grant established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. - (e) 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) Administration of State loan fund— - (1) 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) 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) 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) to prevent waste, fraud, and abuse; and - (C) 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) 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) 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) Applicability of Federal law— - (1) In general— The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a 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) [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) Limitation on use of funds— A grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of the Internal Revenue Code of 1986. - (g) Authorization of appropriations— - (1) In general— Subject to paragraph (2), there are authorized to be appropriated— - (A) for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and - (B) for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025. - (2) No impact on other Federal funds— - (A) In general— No funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019. - (B) Programs described— The programs referred to in subparagraph (A) are— - (i) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); - (ii) programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a); and - (iii) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). - (h) 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) 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) Waste management infrastructure grant program— - (1) In general— The EPA Administrator may provide grants to units of local government, Indian Tribes, and local waste management systems— - (A) to assist those entities in making improvements to waste management systems— - (i) to meet waste management standards established under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.); and - (ii) to implement the strategy developed section 302(a); and - (B) to support improvements to local waste management systems, including traditional and innovative recycling and reuse technologies. - (1) 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) as part of the study under paragraph (1)— - (A) identify domestic and international examples of— - (i) the use of plastic waste materials described in that paragraph; - (ii) infrastructure projects in which the use of plastic waste has been applied; and - (iii) projects in which the use of plastic waste has been incorporated into or with other infrastructure materials; - (B) assess— - (i) the effectiveness and utility of the uses of plastic waste described in that paragraph; - (ii) the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards; - (iii) relevant impacts of plastic waste materials compared to non-waste plastic materials; - (iv) the health, safety, and environmental impacts of— - (I) plastic waste on humans and animals; and - (II) the increased use of plastic waste for infrastructure; - (v) the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and - (vi) plastic waste in infrastructure through an economic analysis; and - (C) make recommendations with respect to what standards or matters may need to be addressed with respect to ensuring human and animal health and safety from the use of plastic waste in infrastructure. - (b) Report required— Not later than 2 years after the date of enactment of this Act and subject to the availability of appropriations, the Secretary and the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a). - (b) Drinking water infrastructure grants— - (1) In general— The EPA Administrator may provide competitive grants to units of local government (including units of local government that own treatment works (as defined in section 212 of the Federal Water 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) Preference— In making grants under paragraph (1), the EPA Administrator shall give preference to applicants that— - (A) seek to improve the removal of microplastics, including microfibers, from drinking water; and - (B) have demonstrated prior commitment and success in reducing other pollution sources in drinking water, such as lead and other contaminants. - (3) Applications— To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. - (c) Wastewater infrastructure grants— - (1) In general— The EPA Administrator may provide grants to units of local government (including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292))) 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) Preference— In making grants under paragraph (1), the EPA Administrator shall give preference to applicants that— - (A) seek to improve the removal of microplastics, including microfibers, from wastewater; and - (B) have demonstrated prior commitment and success in reducing other pollution sources in wastewater, such as nutrient pollution and other contaminants. - (3) Applications— To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. - (d) Trash-Free waters grants— - (1) In general— The EPA Administrator may provide grants to political subdivisions of States and units of local government, Indian Tribes, and nonprofit organizations— - (A) 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) to enforce local trash ordinances; - (C) 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) to capture trash at stormwater inlets, stormwater outfalls, or in bodies of water; - (E) to provide education and outreach about trash movement and reduction; and - (F) 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) 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) Authorization of appropriations— - (1) In general— Subject to paragraph (2), there are authorized to be appropriated such sums as are necessary to carry out this section. - (2) No impact on other Federal funds— - (A) In general— No funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019. - (B) Programs described— The programs referred to in subparagraph (A) are— - (i) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); - (ii) programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a); and - (iii) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). ## Sec. 305 Study on effects of microplastics in food supplies and sources of drinking water - (a) 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) conduct a study of the feasibility and advisability of innovative uses of plastic waste in roadways, bridges, and other infrastructure; and - (2) as part of the study under paragraph (1)— - (A) identify international examples of— - (i) the use of materials described in that paragraph; and - (ii) projects in which the use of plastic waste has been applied; - (B) 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) 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) 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) a science-based definition of “microplastics” that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency; - (2) recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics; - (3) - (A) an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and - (B) if the assessment under subparagraph (A) is positive— - (i) the extent to which microplastics are present in the food supplies and sources of drinking water; and - (ii) an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water; - (4) an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes— - (A) an identification of the most significant sources of those microplastics; and - (B) a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and - (5) a measurement of— - (A) the quantity of environmental chemicals that absorb to microplastics; and - (B) the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water. - (c) Grant program— - (1) 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) 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) 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) the total quantity of plastic waste redirected from the waste stream into infrastructure; - (B) the durability of the infrastructure constructed with plastic waste; and - (C) any cost savings achieved through the use of plastic waste in the demonstration projects. - (d) Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section. ## Sec. 306 Report on eliminating barriers to increase the collection of recyclable materials - Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing— - (a) In general— The EPA Administrator shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a study on options to advance technologies (including pyrolysis, hydropyrolysis, methanolysis, gasification, and enzymatic breakdown) for converting plastic waste to useful products, such as chemicals, feedstocks, fuels, and energy. - (1) Inclusions— As part of the study under subsection (a), economic, educational, technological, resource availability, legal, or other barriers to increasing the National Academies shall conduct an evaluation of—collection, processing, and use of recyclable materials; and - (1) the air emissions associated with technologies described in that subsection; and - (2) an evaluation of the ability of those technologies to become cost-competitive with other options for obtaining source materials or producing energy. - (2) Report required— Not later than 2 years after the date of the enactment of this Act, the EPA Administrator shall submit recommendations to Congress a report on overcome the study conducted barriers described under subsection (a).paragraph (1). ## Sec. 307 Report on economic incentives to spur development of new end-use markets for recycled plastics - Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing 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. - (a) In general— The EPA Administrator, in consultation with the Under Secretary, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a human health and environmental risk assessment on microplastics, including microfibers, in food supplies and sources of drinking water. - (b) Report required— Not later than 2 years after the date of the enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes— - (1) a science-based definition of “microplastics” that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency; - (2) recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics; - (3) - (A) an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and - (B) if the assessment under subparagraph (A) is positive— - (i) the extent to which microplastics are present in the food supplies and sources of drinking water; and - (ii) an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water; - (4) an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes— - (A) an identification of the most significant sources of those microplastics; and - (B) a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and - (5) a measurement of— - (A) the quantity of environmental chemicals that absorb to microplastics; and - (B) the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water. - (c) Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section. ## Sec. 308 Report on minimizing the creation of new plastic waste - (a) In general— The EPA Administrator, in coordination with the Interagency Marine Debris Coordinating Committee and the National Institute of Standards and Technology, shall conduct a study on minimizing the creation of new plastic waste. - Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing— - (b) Report— Not later than 2 years after the economic, technological, resource availability, or other barriers date of enactment of this Act, the EPA Administrator shall submit to increasing Congress a report on the collection of recyclable materials; andstudy conducted under subsection (a) that includes— - (1) an estimate of the current and projected United States consumption of plastics, by type of plastic, including consumer food products; - (2) an estimate of the environmental effects and impacts of plastic use in relation to other materials; - (3) an estimate of current and projected future recycling rates of plastics, by type of plastic; - (4) an assessment of opportunities to minimize the creation of new plastic waste, including consumer food products, by reducing, recycling, reusing, refilling, refurbishing, or capturing plastic that would otherwise be part of a waste stream; and - (5) an assessment of what recycled content standards for plastic are technologically and economically feasible, and the impact of the standards on recycling rates. - (2) recommendations to overcome the barriers described under paragraph (1). ## Sec. 309 Report on economic incentives to spur development of new end-use markets for recycled plastics — 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 the use of increased recycled content by manufacturers in the production of plastic goods and packaging.