Save Our Seas 2.0 Act

[116th Congress Public Law 224]
[From the U.S. Government Publishing Office]

[[Page 1071]]

 SAVE OUR SEAS 2.0 ACT

[[Page 134 STAT. 1072]]

Public Law 116-224
116th Congress

 An Act

 
 To improve efforts to combat marine debris, and for other 
 purposes. <<NOTE: Dec. 18, 2020 - [S. 1982]>> 

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

 (a) <<NOTE: 33 USC 4201 note.>> Short Title.--This Act may be cited 
as the ``Save Our Seas 2.0 Act''.

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

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

 TITLE I--COMBATING MARINE DEBRIS

 Subtitle A--Amendments to the Marine Debris Act

Sec. 101. Amendments to the Marine Debris Act.

 Subtitle B--Marine Debris Foundation

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

 Subtitle C--Genius Prize for Save Our Seas Innovations

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

 Subtitle D--Studies, Pilot Projects, and Reports

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

 TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

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

[[Page 134 STAT. 1073]]

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

 TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

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

SEC. 2. <<NOTE: 33 USC 4201 note.>> DEFINITIONS.

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

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

 TITLE I--COMBATING MARINE DEBRIS

 Subtitle A--Amendments to the Marine Debris Act

SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT.

 The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended--
 (1) <<NOTE: 33 USC 1951.>> in section 2 by striking 
 ``marine environment,'' and inserting ``marine environment 
 (including waters in the jurisdiction of the United States, the 
 high seas, and waters in the jurisdiction of other 
 countries),'';
 (2) <<NOTE: 33 USC 1958.>> in section 9(a)--
 (A) by striking ``$10,000,000'' and inserting 
 ``$15,000,000''; and
 (B) by striking ``5 percent'' and inserting ``7 
 percent''; and

[[Page 134 STAT. 1075]]

 (3) by adding at the end the following:
``SEC. 10. <<NOTE: 33 USC 1959.>> PRIORITIZATION OF MARINE DEBRIS 
 IN EXISTING INNOVATION AND ENTREPRENEURSHIP 
 PROGRAMS.

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

 Subtitle B--Marine Debris Foundation

SEC. 111. <<NOTE: 33 USC 4211.>> ESTABLISHMENT AND PURPOSES OF 
 FOUNDATION.

 (a) Establishment.--There is established the Marine Debris 
Foundation (in this title referred to as the ``Foundation''). The 
Foundation is a charitable and nonprofit organization and is not an 
agency or establishment of the United States.
 (b) Purposes.--The purposes of the Foundation are--
 (1) to encourage, accept, and administer private gifts of 
 property for the benefit of, or in connection with, the 
 activities and services of the National Oceanic and Atmospheric 
 Administration under the Marine Debris Program established under 
 section 3 of the Marine Debris Act (33 U.S.C. 1952), and other 
 relevant programs and agencies;
 (2) to undertake and conduct such other activities as will 
 augment efforts of the National Oceanic and Atmospheric 
 Administration to assess, prevent, reduce, and remove marine 
 debris and address the adverse impacts of marine debris on the 
 economy of the United States, the marine environment, and 
 navigation safety;
 (3) to participate with, and otherwise assist, State, local, 
 and Tribal governments, foreign governments, entities, and 
 individuals in undertaking and conducting activities to assess, 
 prevent, reduce, and remove marine debris and address the 
 adverse impacts of marine debris and its root causes on the 
 economy of the United States, the marine environment (including 
 waters in the jurisdiction of the United States, the high seas, 
 and waters in the jurisdiction of other countries), and 
 navigation safety;
 (4) subject to an agreement with the Secretary of Commerce, 
 administer the Genius Prize for Save Our Seas Innovation as 
 described in title II; and
 (5) to support other Federal actions to reduce marine 
 debris.
SEC. 112. <<NOTE: 33 USC 4212.>> BOARD OF DIRECTORS OF THE 
 FOUNDATION.

 (a) Establishment and Membership.--

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

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

[[Page 134 STAT. 1077]]

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

 (c) Chairman.--The Chairman shall be elected by the Board from its 
members for a 2-year term.
 (d) Quorum.--A majority of the current membership of the Board shall 
constitute a quorum for the transaction of business.
 (e) Meetings.--The Board shall meet at the call of the Chairman at 
least once a year. If a Director misses 3 consecutive regularly 
scheduled meetings, that individual may be removed from the Board and 
that vacancy filled in accordance with subsection (b).
 (f) Reimbursement of Expenses.--Members of the Board shall serve 
without pay, but may be reimbursed for the actual and necessary 
traveling and subsistence expenses incurred by them in the performance 
of the duties of the Foundation.
 (g) General Powers.--
 (1) In general.--The Board may complete the organization of 
 the Foundation by--
 (A) appointing officers and employees;
 (B) adopting a constitution and bylaws consistent 
 with the purposes of the Foundation and the provisions 
 of this title; and
 (C) undertaking of other such acts as may be 
 necessary to carry out the provisions of this title.
 (2) Limitations on appointment.--The following limitations 
 apply with respect to the appointment of officers and employees 
 of the Foundation:
 (A) Officers and employees may not be appointed 
 until the Foundation has sufficient funds to pay them 
 for their service. Officers and employees of the 
 Foundation shall be appointed without regard to the 
 provisions of title 5, United States Code, governing 
 appointments in the competitive service, and may be paid 
 without regard to the provisions of chapter 51 and 
 subchapter III of chapter 53 of such title relating to 
 classification and General Schedule pay rates.
 (B) The first officer or employee appointed by the 
 Board shall be the Secretary of the Board who--
 (i) shall serve, at the direction of the 
 Board, as its chief operating officer; and
 (ii) shall be knowledgeable and experienced in 
 matters relating to the assessment, prevention, 
 reduction, and removal of marine debris.
SEC. 113. <<NOTE: 33 USC 4213.>> RIGHTS AND OBLIGATIONS OF THE 
 FOUNDATION.

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

[[Page 134 STAT. 1078]]

 (3) shall at all times maintain a designated agent 
 authorized to accept service of process for the Foundation.

 (b) <<NOTE: Notice.>> Service of Process.--The serving of notice 
to, or service of process upon, the agent required under subsection 
(a)(3), or mailed to the business address of such agent, shall be deemed 
as service upon or notice to the Foundation.

 (c) Powers.--
 (1) In general.--To carry out its purposes under section 
 111, the Foundation shall have, in addition to the powers 
 otherwise given it under this title, the usual powers of a 
 corporation acting as a trustee in the District of Columbia, 
 including the power--
 (A) to accept, receive, solicit, hold, administer, 
 and use any gift, devise, or bequest, either absolutely 
 or in trust, of real or personal property or any income 
 therefrom or other interest therein;
 (B) to acquire by purchase or exchange any real or 
 personal property or interest therein;
 (C) to invest any funds provided to the Foundation 
 by the Federal Government in obligations of the United 
 States or in obligations or securities that are 
 guaranteed or insured by the United States;
 (D) to deposit any funds provided to the Foundation 
 by the Federal Government into accounts that are insured 
 by an agency or instrumentality of the United States;
 (E) to make use of any interest or investment income 
 that accrues as a consequence of actions taken under 
 subparagraph (C) or (D) to carry out the purposes of the 
 Foundation;
 (F) to use Federal funds to make payments under 
 cooperative agreements to provide substantial long-term 
 benefits for the assessment, prevention, reduction, and 
 removal of marine debris;
 (G) unless otherwise required by the instrument of 
 transfer, to sell, donate, lease, invest, reinvest, 
 retain or otherwise dispose of any property or income 
 therefrom;
 (H) to borrow money and issue bonds, debentures, or 
 other debt instruments;
 (I) to sue and be sued, and complain and defend 
 itself in any court of competent jurisdiction, except 
 that the Directors of the Foundation shall not be 
 personally liable, except for gross negligence;
 (J) to enter into contracts or other arrangements 
 with, or provide financial assistance to, public 
 agencies and private organizations and persons and to 
 make such payments as may be necessary to carry out its 
 functions; and
 (K) to do any and all acts necessary and proper to 
 carry out the purposes of the Foundation.
 (2) Non-federal contributions to the fund.--A gift, devise, 
 or bequest may be accepted by the Foundation without regard to 
 whether the gift, devise, or bequest is encumbered, restricted, 
 or subject to beneficial interests of private persons if any 
 current or future interest in the gift, devise, or bequest is 
 for the benefit of the Foundation.

 (d) <<NOTE: Deadline.>> Notice to Members of Congress.--The 
Foundation may not make a grant of Federal funds in an amount greater 
than $100,000 unless, by not later than 15 days before the grant is

[[Page 134 STAT. 1079]]

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

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

 (f) Consultation With NOAA.--The Foundation shall consult with the 
Under Secretary during the planning of any restoration or remediation 
action using funds resulting from judgments or settlements relating to 
the damage to trust resources of the National Oceanic and Atmospheric 
Administration.
SEC. 114. <<NOTE: 33 USC 4214 note. Time period. Effective 
 date.>> ADMINISTRATIVE SERVICES AND 
 SUPPORT.

 (a) Provision of Services.--The Under Secretary may provide 
personnel, facilities, and other administrative services to the 
Foundation, including reimbursement of expenses, not to exceed the 
current Federal Government per diem rates, for a period of up to 5 years 
beginning on the date of the enactment of this Act.
 (b) Reimbursement.--The Under Secretary shall require reimbursement 
from the Foundation for any administrative service provided under 
subsection (a). The Under Secretary shall deposit any reimbursement 
received under this subsection into the Treasury to the credit of the 
appropriations then current and chargeable for the cost of providing 
such services.
SEC. 115. <<NOTE: 33 USC 4215.>> VOLUNTEER STATUS.

 The Secretary of Commerce may accept, without regard to the civil 
service classification laws, rules, or regulations, the services of the 
Foundation, the Board, and the officers and employees of the Board, 
without compensation from the Department of Commerce, as volunteers in 
the performance of the functions authorized in this title.
SEC. 116. <<NOTE: 33 USC 4216.>> REPORT REQUIREMENTS; PETITION OF 
 ATTORNEY GENERAL FOR EQUITABLE RELIEF.

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

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

[[Page 134 STAT. 1080]]

the Attorney General may petition in the United States District Court 
for the District of Columbia for such equitable relief as may be 
necessary or appropriate.
SEC. 117. <<NOTE: 33 USC 4217.>> UNITED STATES RELEASE FROM 
 LIABILITY.

 The United States shall not be liable for any debts, defaults, acts, 
or omissions of the Foundation nor shall the full faith and credit of 
the United States extend to any obligation of the Foundation.
SEC. 118. <<NOTE: 33 USC 4218.>> AUTHORIZATION OF APPROPRIATIONS.

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

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

 (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying 
Expenses.--Amounts provided as a grant by the Foundation shall not be 
used for--
 (1) any expense related to litigation consistent with 
 Federal-wide cost principles; or
 (2) any activity the purpose of which is to influence 
 legislation pending before Congress consistent with Federal-wide 
 cost principles.
SEC. 119. <<NOTE: 33 USC 4219.>> TERMINATION OF AUTHORITY.

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

[[Page 134 STAT. 1081]]

 Subtitle C--Genius Prize for Save Our Seas Innovations

SEC. 121. <<NOTE: 33 USC 4231.>> DEFINITIONS.

 In this subtitle:
 (1) Prize competition.--The term ``prize competition'' means 
 the competition for the award of the Genius Prize for Save Our 
 Seas Innovations established under section 122.
 (2) Secretary.--The term ``Secretary'' means the Secretary 
 of Commerce.
SEC. 122. <<NOTE: 33 USC 4232.>> GENIUS PRIZE FOR SAVE OUR SEAS 
 INNOVATIONS.

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

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

[[Page 134 STAT. 1082]]

 (B) are to be used in fishing gear or other maritime 
 products that have an increased likelihood of entering 
 the coastal or ocean environment as unintentional waste.
SEC. 123. <<NOTE: 33 USC 4233.>> AGREEMENT WITH THE MARINE DEBRIS 
 FOUNDATION.

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

[[Page 134 STAT. 1083]]

 (K) protect against unauthorized use or disclosure 
 by the Marine Debris Foundation of any trade secret or 
 confidential business information of a prize competition 
 participant.
 (2) Additional cash prizes.--The Marine Debris Foundation 
 may award more than 1 cash prize in a year--
 (A) if the initial cash prize referred to in 
 paragraph (1)(J) and any additional cash prizes are 
 awarded using only non-Federal funds; and
 (B) <<NOTE: Determination. Notification.>> 
 consisting of an amount determined by the Under 
 Secretary after the Secretary is notified by the Marine 
 Debris Foundation that non-Federal funds are available 
 for an additional cash prize.
 (3) Solicitation of funds.--The Marine Debris Foundation--
 (A) may request and accept Federal funds and non-
 Federal funds for a cash prize or administration of the 
 prize competition;
 (B) may accept a contribution for a cash prize in 
 exchange for the right to name the prize; and
 (C) shall not give special consideration to any 
 Federal agency or non-Federal entity in exchange for a 
 donation for a cash prize awarded under this section.
SEC. 124. <<NOTE: 33 USC 4234.>> JUDGES.

 (a) Appointment.--The Secretary shall appoint not fewer than 3 
judges who shall, except as provided in subsection (b), select the 1 or 
more annual winners of the prize competition.
 (b) Determination by the Secretary.--The judges appointed under 
subsection (a) shall not select any annual winner of the prize 
competition if the Secretary makes a determination that, in any fiscal 
year, none of the technological advancements entered into the prize 
competition merits an award.
SEC. 125. <<NOTE: 33 USC 4235.>> REPORT TO CONGRESS.

 Not later than 60 days after the date on which a cash prize is 
awarded under this title, the Secretary shall post on a publicly 
available website a report on the prize competition that includes--
 (1) if the Secretary has entered into an agreement under 
 section 123, a statement by the Marine Debris Foundation that 
 describes the activities carried out by the Marine Debris 
 Foundation relating to the duties described in section 123; and
 (2) a statement by 1 or more of the judges appointed under 
 section 124 that explains the basis on which the winner of the 
 cash prize was selected.
SEC. 126. <<NOTE: 33 USC 4236.>> AUTHORIZATION OF APPROPRIATIONS.

 Of the amounts authorized under section 118(a), the Secretary of 
Commerce shall use up to $1,000,000 to carry out this subtitle.
SEC. 127. <<NOTE: 33 USC 4237.>> TERMINATION OF AUTHORITY.

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

[[Page 134 STAT. 1084]]

 Subtitle D--Studies, Pilot Projects, and Reports

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

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

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

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

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

[[Page 134 STAT. 1085]]

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

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

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

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

[[Page 134 STAT. 1086]]

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

 Not later than 1 year after the date of the enactment of this Act, 
the Under Secretary and the EPA Administrator shall jointly conduct a 
study to determine the feasibility of developing a nationwide derelict 
vessel recycling program--
 (1) using as a model the fiberglass boat recycling program 
 from the pilot project in Rhode Island led by Rhode Island Sea 
 Grant and its partners; and
 (2) including, if possible, recycling of vessels made from 
 materials other than fiberglass.
SEC. 137. <<NOTE: 33 USC 4251.>> INCENTIVE FOR FISHERMEN TO 
 COLLECT AND DISPOSE OF PLASTIC FOUND AT 
 SEA.

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

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

 TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

SEC. 201. <<NOTE: 33 USC 4261.>> STATEMENT OF POLICY ON 
 INTERNATIONAL COOPERATION TO COMBAT MARINE 
 DEBRIS.

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

[[Page 134 STAT. 1087]]

 recycling plastic waste, marine debris, and microfiber 
 pollution in the world's oceans, emphasizing upstream 
 post-consumer materials management solutions--
 (i) to decrease plastic waste at its source; 
 and
 (ii) to prevent leakage of plastic waste into 
 the environment;
 (B) advancing the utilization and availability of 
 safe and affordable reusable alternatives to disposable 
 plastic products in commerce, to the extent practicable, 
 and with consideration for the potential impacts of such 
 alternatives, and other efforts to prevent marine 
 debris;
 (C) deployment of and access to advanced 
 technologies to capture value from post-consumer 
 materials and municipal solid waste streams through 
 mechanical and other recycling systems;
 (D) access to information on best practices in post-
 consumer materials management, options for post-consumer 
 materials management systems financing, and options for 
 participating in public-private partnerships; and
 (E) implementation of management measures to reduce 
 derelict fishing gear, the loss of fishing gear, and 
 other sources of pollution generated from marine 
 activities and to increase proper disposal and recycling 
 of fishing gear; and
 (3) to work cooperatively with international partners--
 (A) on establishing--
 (i) measurable targets for reducing marine 
 debris, lost fishing gear, and plastic waste from 
 all sources; and
 (ii) action plans to achieve those targets 
 with a mechanism to provide regular reporting;
 (B) to promote consumer education, awareness, and 
 outreach to prevent marine debris;
 (C) to reduce marine debris by improving advance 
 planning for marine debris events and responses to such 
 events; and
 (D) to share best practices in post-consumer 
 materials management systems to prevent the entry of 
 plastic waste into the environment.
SEC. 202. <<NOTE: 33 USC 4262.>> PRIORITIZATION OF EFFORTS AND 
 ASSISTANCE TO COMBAT MARINE DEBRIS AND 
 IMPROVE PLASTIC WASTE MANAGEMENT.

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

[[Page 134 STAT. 1088]]

 (i) improve the capacity, security, and 
 standards of operations of post-consumer materials 
 management systems;
 (ii) monitor and track how well post-consumer 
 materials management systems are functioning 
 nationwide, based on uniform and transparent 
 standards developed in cooperation with municipal, 
 industrial, and civil society stakeholders;
 (iii) identify the operational challenges of 
 post-consumer materials management systems and 
 develop policy and programmatic solutions;
 (iv) end intentional or unintentional 
 incentives for municipalities, industries, and 
 individuals to improperly dispose of plastic 
 waste; and
 (v) conduct outreach campaigns to raise public 
 awareness of the importance of proper waste 
 disposal and the reduction of plastic waste;
 (B) to facilitate the involvement of municipalities 
 and industries in improving solid waste reduction, 
 collection, disposal, and reuse and recycling projects, 
 programs, and initiatives;
 (C) to partner with and provide technical assistance 
 to investors, and national and local institutions, 
 including private sector actors, to develop new business 
 opportunities and solutions to specifically reduce 
 plastic waste and expand solid waste and post-consumer 
 materials management best practices in foreign countries 
 by--
 (i) maximizing the number of people and 
 businesses, in both rural and urban communities, 
 receiving reliable solid waste and post-consumer 
 materials management services;
 (ii) improving and expanding the capacity of 
 foreign industries to responsibly employ post-
 consumer materials management practices;
 (iii) improving and expanding the capacity and 
 transparency of tracking mechanisms for marine 
 debris to reduce the impacts on the marine 
 environment;
 (iv) eliminating incentives that undermine 
 responsible post-consumer materials management 
 practices and lead to improper waste disposal 
 practices and leakage;
 (v) building the capacity of countries--
 (I) to reduce, monitor, regulate, 
 and manage waste, post-consumer 
 materials and plastic waste, and 
 pollution appropriately and 
 transparently, including imports of 
 plastic waste from the United States and 
 other countries;
 (II) to encourage private investment 
 in post-consumer materials management 
 and reduction; and
 (III) to encourage private 
 investment, grow opportunities, and 
 develop markets for recyclable, 
 reusable, and repurposed plastic waste 
 and post-consumer materials, and 
 products with high levels of recycled 
 plastic content, at both national and 
 local levels; and

[[Page 134 STAT. 1089]]

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

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

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

 (d) Effectiveness Measurement.--In prioritizing and expediting 
efforts and assistance under this section, the officials specified in 
subsection (b) shall use clear, accountable, and metric-based targets to 
measure the effectiveness of guarantees and assistance in achieving the 
policy described in section 201.
 (e) Rule of Construction.--Nothing in this section may be construed 
to authorize the modification of or the imposition of limits on the 
portfolios of any agency or institution led by an official specified in 
subsection (b).
SEC. 203. <<NOTE: President. 33 USC 4263.>> UNITED STATES 
 LEADERSHIP IN INTERNATIONAL FORA.

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

[[Page 134 STAT. 1090]]

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

[[Page 134 STAT. 1091]]

 (iii) the role rivers, streams, and other 
 inland waterways play in serving as conduits for 
 mismanaged waste traveling from land to the ocean;
 (iv) effective means to eliminate present and 
 future leakages of plastic waste into the 
 environment; and
 (v) other related areas of research the United 
 States representatives deem necessary;
 (F) encouraging the World Bank and other 
 international finance organizations to prioritize 
 efforts to reduce plastic waste and combat marine 
 debris;
 (G) collaborating on technological advances in post-
 consumer materials management and recycled plastics;
 (H) growing economic opportunities and developing 
 markets for recyclable, compostable, reusable, and 
 repurposed plastic waste and post-consumer materials and 
 other efforts that support the circular economy; and
 (I) advising foreign countries, at both the national 
 and subnational levels, on the development and execution 
 of regulatory policies, services, including recycling 
 and reuse of plastic, and laws pertaining to reducing 
 the creation and the collection and safe management of--
 (i) solid waste;
 (ii) post-consumer materials;
 (iii) plastic waste; and
 (iv) marine debris.
SEC. 204. <<NOTE: 33 USC 4264.>> ENHANCING INTERNATIONAL OUTREACH 
 AND PARTNERSHIP OF UNITED STATES AGENCIES 
 INVOLVED IN MARINE DEBRIS ACTIVITIES.

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

 Not later than 1 year after the date of the enactment of this Act, 
the Secretary of State shall submit to Congress a report--
 (1) assessing the potential for negotiating new 
 international agreements or creating a new international forum 
 to reduce land-based sources of marine debris and derelict 
 fishing gear, consistent with section 203;
 (2) describing the provisions that could be included in such 
 agreements; and
 (3) assessing potential parties to such agreements.
SEC. 206. <<NOTE: President. 33 USC 4265.>> CONSIDERATION OF 
 MARINE DEBRIS IN NEGOTIATING INTERNATIONAL 
 AGREEMENTS.

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

[[Page 134 STAT. 1092]]

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

 TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

SEC. 301. <<NOTE: 33 USC 4281.>> STRATEGY FOR IMPROVING POST-
 CONSUMER MATERIALS MANAGEMENT AND WATER 
 MANAGEMENT.

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

 (b) Release.--On development of the strategy under subsection (a), 
the EPA Administrator shall--
 (1) distribute the strategy to States; and
 (2) <<NOTE: Public information.>> make the strategy 
 publicly available, including for use by--
 (A) for-profit private entities involved in post-
 consumer materials management; and
 (B) other nongovernmental entities.
SEC. 302. <<NOTE: 33 USC 4282.>> GRANT PROGRAMS.

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

[[Page 134 STAT. 1093]]

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

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

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

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

[[Page 134 STAT. 1094]]

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

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

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

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

[[Page 134 STAT. 1095]]

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

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

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

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

[[Page 134 STAT. 1096]]

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

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

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

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

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

[[Page 134 STAT. 1097]]

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

 Approved December 18, 2020.

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

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

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