I 

116TH CONGRESS 

1ST SESSION H. R. 3969 

To improve efforts to combat marine debris, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Ms. BONAMICI (for herself, Mr. BEYER, Mr. FITZPATRICK, Mr. ROONEY of 

Florida, Mr. LARSEN of Washington, Mr. KILMER, Mr. CASE, Mr. 

YOUNG, Mr. PAPPAS, Ms. PINGREE, and Mr. CASTEN of Illinois) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, Ways and Means, Foreign Affairs, Energy and Commerce, Science, Space, and Technology, and Agriculture, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To improve efforts to combat marine debris, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Save Our Seas 2.0 Act’’ or the ‘‘SOS 2.0 Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Sense of Congress. 

TITLE I—ENHANCING THE DOMESTIC MARINE DEBRIS 

RESPONSE 

Subtitle A—Marine Debris Response Trust Fund 

Sec. 101. Marine Debris Response Trust Fund. 

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. 

Subtitle C—Genius Prize for Save Our Seas Innovations 

Sec. 121. Definitions. 

Sec. 122. Genius prize for Save Our Seas Innovations. 

Sec. 123. Save Our Seas Innovation Steering Committee. 

Sec. 124. Agreement with the marine debris foundation. 

Sec. 125. Judges. 

Sec. 126. Report to Congress. 

Sec. 127. Authorization of appropriations. 

Sec. 128. Termination of authority. 

Subtitle D—Other Measures Relating to Combating Marine Debris 

Sec. 131. Prioritization of marine debris in existing innovation and entrepreneurship programs. 

Sec. 132. Expansion of derelict vessel recycling. 

Sec. 133. Incentive for fishermen to collect and dispose of plastic found at sea. 

Sec. 134. Amendments to Marine Debris Program. 

Sec. 135. Marine debris on National Forest System land. 

Subtitle E—Studies and Reports 

Sec. 141. Report on opportunities for innovative uses of plastic waste. 

Sec. 142. Report on microfiber pollution. 

Sec. 143. Study on United States plastic pollution data. 

Sec. 144. Report on minimizing the creation of new plastic waste. 

Sec. 145. Study on mass balance methodologies to certify circular polymers. 

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. 


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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. Definitions. 

Sec. 302. Strategy for improving waste management, recycling, and water management. 

Sec. 303. Waste management State revolving funds. 

Sec. 304. Grant programs. 

Sec. 305. Study on repurposing plastic waste in infrastructure. 

Sec. 306. Study on options to advance technologies for converting plastic waste 

to chemicals, feedstocks, and other products. 

Sec. 307. Study on effects of microplastics in food supplies and sources of 

drinking water. 

Sec. 308. Report on eliminating barriers to increase the collection of recyclable 

materials. 

Sec. 309. Report on economic incentives to spur development of new end-use 

markets for recycled plastics. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CIRCULAR ECONOMY.—The term ‘‘circular 

4 economy’’ means an economy that uses a systems-fo5 cused approach and involves industrial processes and 

6 economic activities that— 

7 (A) are restorative or regenerative by de8 sign; 

9 (B) enable resources used in such proc10 esses and activities to maintain their highest 

11 values for as long as possible; and 

12 (C) aim for the elimination of waste 

13 through the superior design of materials, prod14 ucts, and systems (including business models). 


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1 (2) EPA ADMINISTRATOR.—The term ‘‘EPA 

2 Administrator’’ means the Administrator of the En3 vironmental Protection Agency. 

4 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given the term ‘‘Indian tribe’’ in 

6 section 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 5304). 

8 (4) MARINE DEBRIS.—The term ‘‘marine de9 bris’’ has the meaning given that term in section 7 

10 of the Marine Debris Act (33 U.S.C. 1956). 

11 (5) MARINE DEBRIS EVENT.—The term ‘‘ma12 rine debris event’’ means an event or related events 

13 that affects or may imminently affect the United 

14 States involving— 

15 (A) marine debris caused by a natural 

16 event, including a tsunami, flood, landslide, 

17 hurricane, or other natural source; 

18 (B) distinct, nonrecurring marine debris, 

19 including derelict vessel groundings and con20 tainer spills, that have immediate or long-term 

21 impacts on habitats with high ecological, eco22 nomic, or human-use values; or 

23 (C) marine debris caused by an intentional 

24 or grossly negligent act or acts that causes sub25 stantial economic or environmental harm. 


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1 (6) NON-FEDERAL FUNDS.—The term ‘‘non2 Federal funds’’ means funds provided by— 

3 (A) a State; 

4 (B) an Indian Tribe; 

5 (C) a territory of the United States; 

6 (D) one or more units of local governments 

7 or Tribal organizations (as defined in section 4 

8 of the Indian Self-Determination and Education 

9 Assistance Act (25 U.S.C. 5304)); 

10 (E) a private for-profit entity; 

11 (F) a nonprofit organization; or 

12 (G) a private individual. 

13 (7) NONPROFIT ORGANIZATION.—The term 

14 ‘‘nonprofit organization’’ means an organization that 

15 is described in section 501(c) of the Internal Rev16 enue Code of 1986 and exempt from tax under sec17 tion 501(a) of such Code. 

18 (8) STATE.—The term ‘‘State’’ means— 

19 (A) a State; 

20 (B) an Indian Tribe; 

21 (C) the District of Columbia; and 

22 (D) a territory or possession of the United 

23 States. 

24 (9) UNDER SECRETARY.—The term ‘‘Under 

25 Secretary’’ means the Under Secretary of Commerce 


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1 for Oceans and Atmosphere and Administrator of 

2 the National Oceanic and Atmospheric Administra3 tion. 

4 (10) WASTE MANAGEMENT.—The term ‘‘waste 

5 management’’ means the systems, operation, super6 vision, and aftercare of processes and equipment 

7 used for waste— 

8 (A) collection; 

9 (B) transport; 

10 (C) recovery; 

11 (D) reuse; 

12 (E) recycling; and 

13 (F) safe disposal of waste when recovery, 

14 reuse, or recycling are not otherwise available. 

15 SEC. 3. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) eliminating plastic waste from the oceans 

18 requires a multi-faceted approach, including waste 

19 reduction and prevention, reuse and recycling, and 

20 innovation; 

21 (2) both domestic and international efforts are 

22 required to make progress in combating marine de23 bris; 

24 (3) efforts by States, communities, and corpora25 tions to minimize the use of single-use plastic prodVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 ucts have been successful in raising awareness of the 

2 marine debris issue; and 

3 (4) while we make progress toward a more sus4 tainable future, we must recognize that there is sig5 nificant amount of plastic waste that has already 

6 been created that must be prevented from entering 

7 the oceans through recycling, reuse, repurposing, 

8 and other innovative means. 

9 TITLE I—ENHANCING THE DO10 MESTIC MARINE DEBRIS RE11 SPONSE 

12 Subtitle A—Marine Debris 

13 Response Trust Fund 

14 SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND. 

15 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

16 Internal Revenue Code of 1986 is amended by adding at 

17 the end the following: 

18 ‘‘SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND. 

19 ‘‘(a) CREATION OF TRUST FUND.—There is estab20 lished in the Treasury of the United States a trust fund 

21 to be known as the ‘Marine Debris Response Trust Fund’, 

22 consisting of such amounts as may be appropriated or 

23 credited to the Trust Fund as provided in this section. 

24 ‘‘(b) PURPOSES OF TRUST FUND.— 


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1 ‘‘(1) IN GENERAL.—Amounts in the Marine De2 bris Response Trust Fund shall be available for the 

3 National Oceanic and Atmospheric Administration 

4 to respond to a marine debris event described in 

5 paragraph (2), which may include— 

6 ‘‘(A) monitoring, response, and prevention; 

7 ‘‘(B) providing funding to States, terri8 tories, Tribes, and other United States Govern9 ment and nongovernmental organizations sup10 porting prevention, cleanup, and response ef11 forts; or 

12 ‘‘(C) administrative costs relating to dis13 tributing amounts from the Trust Fund. 

14 ‘‘(2) MARINE DEBRIS EVENT DESCRIBED.—A 

15 marine debris event described in this paragraph is 

16 an event that affects or may affect the United 

17 States involving— 

18 ‘‘(A) marine debris caused by a natural 

19 event, including a tsunami, flood, landslide, 

20 hurricane, or other natural source; 

21 ‘‘(B) distinct, nonrecurring marine debris, 

22 including derelict vessel groundings and con23 tainer spills, that have immediate or long-term 

24 impacts on habitats with high ecological, eco25 nomic, or human-use values; or 


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1 ‘‘(C) marine debris caused by an inten2 tional or grossly negligent act or acts that 

3 causes substantial economic or environmental 

4 harm. 

5 ‘‘(c) LIMITATIONS ON EXPENDITURES.— 

6 ‘‘(1) MAXIMUM PER EVENT.—The maximum 

7 amount that may be paid from the Marine Debris 

8 Response Trust Fund with respect to any single 

9 event may not exceed $100,000,000. 

10 ‘‘(2) MINIMUM BALANCE.—A payment may be 

11 made from the Marine Debris Response Trust Fund 

12 only if the amount in the Trust Fund after the pay13 ment will not be less than $1,000,000. 

14 ‘‘(3) MAXIMUM BALANCE.—Amounts in the Ma15 rine Debris Response Trust Fund may not exceed 

16 $500,000,000. 

17 ‘‘(d) INITIAL FUNDING.—There are authorized to be 

18 appropriated to the Marine Debris Response Trust Fund 

19 $2,000,000 for fiscal year 2020 to establish the Trust 

20 Fund. 

21 ‘‘(e) AUTHORITY TO BORROW.— 

22 ‘‘(1) IN GENERAL.—There are authorized to be 

23 appropriated to the Marine Debris Response Trust 

24 Fund, as repayable advances, such sums as may be 


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1 necessary to carry out the purposes of the Trust 

2 Fund. 

3 ‘‘(2) LIMITATION ON AMOUNT OUTSTANDING.— 

4 The maximum aggregate amount of repayable ad5 vances to the Marine Debris Response Trust Fund 

6 outstanding at any one time may not exceed 

7 $1,000,000. 

8 ‘‘(3) REPAYMENT OF ADVANCES.— 

9 ‘‘(A) IN GENERAL.—Advances made to the 

10 Marine Debris Response Trust Fund shall be 

11 repaid, and interest on such advances shall be 

12 paid, to the general fund of the Treasury when 

13 the Secretary of Commerce, in consultation with 

14 the Secretary of the Treasury, determines that 

15 amounts are available for such purposes in the 

16 Trust Fund. 

17 ‘‘(B) FINAL REPAYMENT.—No advance 

18 may be made to the Marine Debris Response 

19 Trust Fund after September 30, 2035, and all 

20 advances to such Fund shall be repaid on or be21 fore that date. 

22 ‘‘(C) RATE OF INTEREST.—Interest on ad23 vances made pursuant to this subsection shall 

24 be— 


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1 ‘‘(i) at a rate determined by the Sec2 retary of the Treasury (as of the close of 

3 the calendar month preceding the month in 

4 which the advance is made) to be equal to 

5 the current average market yield on out6 standing marketable obligations of the 

7 United States with remaining periods to 

8 maturity comparable to the anticipated pe9 riod during which the advance will be out10 standing, and 

11 ‘‘(ii) compounded annually. 

12 ‘‘(f) AVAILABILITY OF FUNDS.—Amounts in the Ma13 rine Debris Response Trust Fund shall— 

14 ‘‘(1) be available without fiscal year limitation 

15 and without apportionment; and 

16 ‘‘(2) shall supplement and not supplant other 

17 amounts available for responding to marine debris 

18 events. 

19 ‘‘(g) INVESTMENT.—The Secretary of the Treasury 

20 shall invest amounts in the Marine Debris Response Trust 

21 Fund in interest bearing obligations of the United States 

22 to the extent such amounts are not required to meet cur23 rent withdrawals. Interest earned by such investments 

24 shall be credited to, and become a part of, the Trust Fund. 


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1 ‘‘(h) ADMINISTRATION.—The Under Secretary of 

2 Commerce for Oceans and Atmosphere shall prescribe reg3 ulations— 

4 ‘‘(1) providing for a process for submitting a 

5 claim to the Marine Debris Response Trust Fund 

6 and for distributing amounts from the Trust Fund 

7 pursuant to those claims; and 

8 ‘‘(2) providing guidance with respect to what 

9 constitutes an event for which amounts will be dis10 tributed from the Trust Fund. 

11 ‘‘(i) LIABILITY OF THE UNITED STATES LIMITED TO

12 AMOUNT IN TRUST FUND.— 

13 ‘‘(1) IN GENERAL.—Any claim filed against the 

14 Marine Debris Response Trust Fund may be paid 

15 only out of the Trust Fund. 

16 ‘‘(2) ORDER IN WHICH UNPAID CLAIMS ARE TO

17 BE PAID.—If at any time the Marine Debris Re18 sponse Trust Fund has insufficient funds to pay all 

19 of the claims out of the Trust Fund at such time, 

20 such claims shall, to the extent permitted under 

21 paragraph (1), be paid in full in the order in which 

22 they were finally determined. 

23 ‘‘(j) NON-FEDERAL CONTRIBUTIONS TO THE TRUST

24 FUND.— 


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1 ‘‘(1) IN GENERAL.—A gift, award, devise, or 

2 bequest, and non-Federal amounts from legal judg3 ments or settlements may be accepted by the Marine 

4 Debris Response Trust Fund without regard to 

5 whether the gift, devise, or bequest is encumbered, 

6 restricted, or subject to beneficial interests of private 

7 persons if any current or future interest in the gift, 

8 devise, or bequest is for the benefit of the Trust 

9 Fund. 

10 ‘‘(2) FOREIGN GIFTS.—Any gifts, awards, de11 vises, or bequests given to or received from a person 

12 in a foreign country by or to the Marine Debris Re13 sponse Trust Fund shall be made only with the con14 currence of the Secretary of State, in consultation, 

15 as appropriate, with the Administrator of the United 

16 States Agency for International Development.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for subchapter A of chapter 98 of such Code is amended 

19 by adding at the end the following: 

‘‘Sec. 9512. Marine Debris Response Trust Fund.’’. 

20 Subtitle B—Marine Debris 

21 Foundation 

22 SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDA23 TION. 

24 (a) ESTABLISHMENT.—There is established the Ma25 rine Debris Foundation (in this subtitle referred to as the 


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1 ‘‘Foundation’’). The Foundation is a charitable and non2 profit organization and is not an agency or establishment 

3 of the United States. 

4 (b) PURPOSES.—The purposes of the Foundation 

5 are— 

6 (1) to encourage, accept, and administer private 

7 gifts of property for the benefit of, or in connection 

8 with, the activities and services of the National Oce9 anic and Atmospheric Administration under the Ma10 rine Debris Program established under section 3 of 

11 the Marine Debris Act (33 U.S.C. 1952), and other 

12 relevant programs and agencies; 

13 (2) to undertake and conduct such other activi14 ties as will further the efforts of the National Oce15 anic and Atmospheric Administration to assess, pre16 vent, reduce, and remove marine debris and address 

17 the adverse impacts of marine debris on the economy 

18 of the United States, the marine environment, and 

19 navigation safety; 

20 (3) to participate with, and otherwise assist, 

21 State, local, and Tribal governments, foreign govern22 ments, entities, and individuals in undertaking and 

23 conducting activities to assess, prevent, reduce, and 

24 remove marine debris and address the adverse im25 pacts of marine debris and its root causes on the 


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1 economy of the United States, the marine environ2 ment (including waters in the jurisdiction of the 

3 United States, the high seas, and waters in the ju4 risdiction of other countries), and navigation safety; 

5 and 

6 (4) to support other Federal actions to reduce 

7 marine debris. 

8 SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. 

9 (a) ESTABLISHMENT AND MEMBERSHIP.— 

10 (1) IN GENERAL.—The Foundation shall have a 

11 governing Board of Directors (in this subtitle re12 ferred to as the ‘‘Board’’), which shall consist of the 

13 Under Secretary and 12 additional Directors ap14 pointed in accordance with subsection (b) from 

15 among individuals who are United States citizens. 

16 (2) REPRESENTATION OF DIVERSE POINTS OF

17 VIEW.—To the maximum extent practicable, the 

18 membership of the Board shall represent diverse 

19 points of view relating to the assessment, prevention, 

20 reduction, and removal of marine debris. 

21 (3) NOT FEDERAL EMPLOYEES.—Appointment 

22 as a Director of the Foundation shall not constitute 

23 employment by, or the holding of an office of, the 

24 United States for the purpose of any Federal law. 

25 (b) APPOINTMENT AND TERMS.— 


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1 (1) APPOINTMENT.—Subject to paragraph (2), 

2 after consulting with the EPA Administrator, the 

3 Director of the United States Fish and Wildlife 

4 Service, the Assistant Secretary of State for the Bu5 reau of Oceans and International Environmental and 

6 Scientific Affairs, and the Administrator of the 

7 United States Agency for International Develop8 ment, and considering the recommendations sub9 mitted by the Board, the Under Secretary shall ap10 point 12 Directors who meet the criteria established 

11 by subsection (a), of whom— 

12 (A) at least 4 shall be educated or experi13 enced in the assessment, prevention, reduction, 

14 or removal of marine debris, which may include 

15 an individual with expertise in waste manage16 ment, recycling, reuse, or a circular economy; 

17 (B) at least 2 shall be educated or experi18 enced in the assessment, prevention, reduction, 

19 or removal of marine debris outside the United 

20 States; 

21 (C) at least 2 shall be educated or experi22 enced in ocean and coastal resource conserva23 tion science or policy; and 

24 (D) at least 2 shall be educated or experi25 enced in international trade or foreign policy. 


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1 (2) TERMS.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), each Director (other than the Under 

4 Secretary) shall be appointed for a term of 6 

5 years. 

6 (B) INITIAL APPOINTMENTS TO NEW MEM7 BER POSITIONS.—Of the Directors appointed by 

8 the Under Secretary under paragraph (1), the 

9 Secretary shall appoint, not later than 180 days 

10 after the date of the enactment of this Act— 

11 (i) four Directors for a term of 6 

12 years; 

13 (ii) four Directors for a term of 4 

14 years; and 

15 (iii) four Directors for a term of 2 

16 years. 

17 (3) VACANCIES.— 

18 (A) IN GENERAL.—The Under Secretary 

19 shall fill a vacancy on the Board. 

20 (B) TERM OF APPOINTMENTS TO FILL UN21 EXPIRED TERMS.—An individual appointed to 

22 fill a vacancy that occurs before the expiration 

23 of the term of a Director shall be appointed for 

24 the remainder of the term. 


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1 (4) REAPPOINTMENT.—An individual (other 

2 than an individual described in paragraph (1)) shall 

3 not serve more than 2 consecutive terms as a Direc4 tor, excluding any term of less than 6 years. 

5 (5) REQUEST FOR REMOVAL.—The executive 

6 committee of the Board may submit to the Under 

7 Secretary a letter describing the nonperformance of 

8 a Director and requesting the removal of the Direc9 tor from the Board. 

10 (6) CONSULTATION BEFORE REMOVAL.—Before 

11 removing any Director from the Board, the Under 

12 Secretary shall consult with the Assistant Secretary 

13 of State for the Bureau of Oceans and International 

14 Environmental and Scientific Affairs, the Director of 

15 the United States Fish and Wildlife Service, and the 

16 EPA Administrator. 

17 (c) CHAIRMAN.—The Chairman shall be elected by 

18 the Board from its members for a 2-year term. 

19 (d) QUORUM.—A majority of the current membership 

20 of the Board shall constitute a quorum for the transaction 

21 of business. 

22 (e) MEETINGS.—The Board shall meet at the call of 

23 the Chairman at least once a year. If a Director misses 

24 3 consecutive regularly scheduled meetings, that individual 


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1 may be removed from the Board and that vacancy filled 

2 in accordance with subsection (b). 

3 (f) REIMBURSEMENT OF EXPENSES.—Members of 

4 the Board shall serve without pay, but may be reimbursed 

5 for the actual and necessary traveling and subsistence ex6 penses incurred by them in the performance of the duties 

7 of the Foundation. 

8 (g) GENERAL POWERS.— 

9 (1) IN GENERAL.—The Board may complete 

10 the organization of the Foundation by— 

11 (A) appointing officers and employees; 

12 (B) adopting a constitution and bylaws 

13 consistent with the purposes of the Foundation 

14 and the provisions of this subtitle; and 

15 (C) undertaking of other such acts as may 

16 be necessary to carry out the provisions of this 

17 subtitle. 

18 (2) LIMITATIONS ON APPOINTMENT.—The fol19 lowing limitations apply with respect to the appoint20 ment of officers and employees of the Foundation: 

21 (A) Officers and employees may not be ap22 pointed until the Foundation has sufficient 

23 funds to pay them for their service. Officers 

24 and employees of the Foundation shall be ap25 pointed without regard to the provisions of title 


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1 5, United States Code, governing appointments 

2 in the competitive service, and may be paid 

3 without regard to the provisions of chapter 51 

4 and subchapter III of chapter 53 of such title 

5 relating to classification and General Schedule 

6 pay rates. 

7 (B) The first officer or employee appointed 

8 by the Board shall be the Secretary of the 

9 Board who— 

10 (i) shall serve, at the direction of the 

11 Board, as its chief operating officer; and 

12 (ii) shall be knowledgeable and experi13 enced in matters relating to the assess14 ment, prevention, reduction, and removal 

15 of marine debris. 

16 SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. 

17 (a) IN GENERAL.—The Foundation— 

18 (1) shall have perpetual succession; 

19 (2) may conduct business throughout the sev20 eral States, territories, and possessions of the 

21 United States and abroad; 

22 (3) shall have its principal offices in the Dis23 trict of Columbia or in a county in the State of 

24 Maryland or Virginia that borders on the District of 

25 Columbia; and 


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1 (4) shall at all times maintain a designated 

2 agent authorized to accept service of process for the 

3 Foundation. 

4 (b) SERVICE OF PROCESS.—The serving of notice to, 

5 or service of process upon, the agent required under sub6 section (a)(4), or mailed to the business address of such 

7 agent, shall be deemed as service upon or notice to the 

8 Foundation. 

9 (c) SEAL.—The Foundation shall have an official seal 

10 selected by the Board which shall be judicially noticed. 

11 (d) POWERS.— 

12 (1) IN GENERAL.—To carry out its purposes 

13 under section 111, the Foundation shall have, in ad14 dition to the powers otherwise given it under this 

15 subtitle, the usual powers of a corporation acting as 

16 a trustee in the District of Columbia, including the 

17 power— 

18 (A) to accept, receive, solicit, hold, admin19 ister, and use any gift, devise, or bequest, either 

20 absolutely or in trust, of real or personal prop21 erty or any income therefrom or other interest 

22 therein; 

23 (B) to acquire by purchase or exchange 

24 any real or personal property or interest there25 in; 


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1 (C) to invest any funds provided to the 

2 Foundation by the Federal Government in obli3 gations of the United States or in obligations or 

4 securities that are guaranteed or insured by the 

5 United States; 

6 (D) to deposit any funds provided to the 

7 Foundation by the Federal Government into ac8 counts that are insured by an agency or instru9 mentality of the United States; 

10 (E) to make use of any interest or invest11 ment income that accrues as a consequence of 

12 actions taken under subparagraph (C) or (D) to 

13 carry out the purposes of the Foundation; 

14 (F) to use Federal funds to make pay15 ments under cooperative agreements to provide 

16 substantial long-term benefits for the assess17 ment, prevention, reduction, and removal of ma18 rine debris; 

19 (G) unless otherwise required by the in20 strument of transfer, to sell, donate, lease, in21 vest, reinvest, retain or otherwise dispose of any 

22 property or income therefrom; 

23 (H) to borrow money and issue bonds, de24 bentures, or other debt instruments; 


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1 (I) to sue and be sued, and complain and 

2 defend itself in any court of competent jurisdic3 tion, except that the Directors of the Founda4 tion shall not be personally liable, except for 

5 gross negligence; 

6 (J) to enter into contracts or other ar7 rangements with, or provide financial assistance 

8 to, public agencies and private organizations 

9 and persons and to make such payments as 

10 may be necessary to carry out its functions; and 

11 (K) to do any and all acts necessary and 

12 proper to carry out the purposes of the Founda13 tion. 

14 (2) NON-FEDERAL CONTRIBUTIONS TO THE

15 FUND.—A gift, devise, or bequest may be accepted 

16 by the Foundation without regard to whether the 

17 gift, devise, or bequest is encumbered, restricted, or 

18 subject to beneficial interests of private persons if 

19 any current or future interest in the gift, devise, or 

20 bequest is for the benefit of the Foundation. 

21 (e) NOTICE TO MEMBERS OF CONGRESS.—The 

22 Foundation may not make a grant of Federal funds in 

23 an amount greater than $100,000 unless, by not later 

24 than 15 days before the grant is made, the Foundation 

25 provides notice of the grant to the Member of Congress 


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1 for the congressional district in which the project to be 

2 funded with the grant will be carried out. 

3 (f) COORDINATION OF INTERNATIONAL EFFORTS.— 

4 Any efforts of the Foundation carried out in a foreign 

5 country, and any grants provided to an individual or entity 

6 in a foreign country, shall be made only with the concur7 rence of the Secretary of State, in consultation, as appro8 priate, with the Administrator of the United States Agen9 cy for International Development. 

10 (g) CONSULTATION WITH NOAA.—The Foundation 

11 shall consult with the Under Secretary during the plan12 ning of any restoration or remediation action using funds 

13 resulting from judgments or settlements relating to the 

14 damage to trust resources of the National Oceanic and 

15 Atmospheric Administration. 

16 SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT. 

17 (a) PROVISION OF SERVICES.—The Under Secretary 

18 may provide personnel, facilities, and other administrative 

19 services to the Foundation, including reimbursement of 

20 expenses, not to exceed the current Federal Government 

21 per diem rates, for a period of up to 5 years beginning 

22 on the date of the enactment of this Act. 

23 (b) REIMBURSEMENT.—The Foundation may reim24 burse the Under Secretary for any administrative service 

25 provided under subsection (a). The Under Secretary shall 


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1 deposit any reimbursement received under this subsection 

2 into the Treasury to the credit of the appropriations then 

3 current and chargeable for the cost of providing such serv4 ices. 

5 SEC. 115. VOLUNTEER STATUS. 

6 The Secretary of Commerce may accept, without re7 gard to the civil service classification laws, rules, or regu8 lations, the services of the Foundation, the Board, and 

9 the officers and employees of the Board, without com10 pensation from the Department of Commerce, as volun11 teers in the performance of the functions authorized in 

12 this subtitle. 

13 SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTOR14 NEY GENERAL FOR EQUITABLE RELIEF. 

15 (a) REPORT.—The Foundation shall, as soon as prac16 ticable after the end of each fiscal year, transmit to the 

17 Committee on Commerce, Science, and Transportation of 

18 the Senate and the Committee on Natural Resources and 

19 the Committee on Energy and Commerce of the House 

20 of Representatives a report— 

21 (1) describing the proceedings and activities of 

22 the Foundation during that fiscal year, including a 

23 full and complete statement of its receipts, expendi24 tures, and investments; and 


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1 (2) including a detailed statement of the recipi2 ent, amount, and purpose of each grant made by the 

3 Foundation in the fiscal year. 

4 (b) RELIEF WITH RESPECT TO CERTAIN FOUNDA5 TION ACTS OR FAILURE TO ACT.—If the Foundation— 

6 (1) engages in, or threatens to engage in, any 

7 act, practice, or policy that is inconsistent with its 

8 purposes set forth in section 111(b); or 

9 (2) refuses, fails, or neglects to discharge its 

10 obligations under this subtitle, or threatens to do so, 

11 the Attorney General may petition in the United States 

12 District Court for the District of Columbia for such equi13 table relief as may be necessary or appropriate. 

14 SEC. 117. UNITED STATES RELEASE FROM LIABILITY. 

15 The United States shall not be liable for any debts, 

16 defaults, acts, or omissions of the Foundation nor shall 

17 the full faith and credit of the United States extend to 

18 any obligation of the Foundation. 

19 SEC. 118. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated to the Secretary of Commerce such 

23 sums as may be necessary to carry out this subtitle 

24 for each of fiscal years 2020 through 2025. 


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1 (2) USE OF APPROPRIATED FUNDS.—Subject to 

2 paragraph (3), amounts made available under para3 graph (1) shall be provided to the Foundation to 

4 match contributions (whether in currency, services, 

5 or property) made to the Foundation, or to a recipi6 ent of a grant provided by the Foundation, by pri7 vate persons and State and local government agen8 cies. 

9 (3) PROHIBITION ON USE FOR ADMINISTRATIVE

10 EXPENSES.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), no Federal funds made 

13 available under paragraph (1) may be used by 

14 the Foundation for administrative expenses of 

15 the Foundation, including for salaries, travel 

16 and transportation expenses, and other over17 head expenses. 

18 (B) EXCEPTION.—The Secretary may 

19 allow the use of Federal funds made available 

20 under paragraph (1) to pay for salaries during 

21 the 18-month period beginning on the date of 

22 the enactment of this Act. 

23 (b) ADDITIONAL AUTHORIZATION.— 

24 (1) IN GENERAL.—In addition to the amounts 

25 authorized to be appropriated under subsection (a), 


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1 the Foundation may accept Federal funds from a 

2 Federal agency under any other Federal law for use 

3 by the Foundation to further the assessment, pre4 vention, reduction, and removal of marine debris in 

5 accordance with the requirements of this subtitle. 

6 (2) USE OF FUNDS ACCEPTED FROM FEDERAL

7 AGENCIES.—Federal funds provided to the Founda8 tion under paragraph (1) shall be used by the Foun9 dation for matching, in whole or in part, contribu10 tions (whether in currency, services, or property) 

11 made to the Foundation by private persons and 

12 State and local government agencies. 

13 (c) PROHIBITION ON USE OF GRANT AMOUNTS FOR

14 LITIGATION AND LOBBYING EXPENSES.—Amounts pro15 vided as a grant by the Foundation shall not be used for— 

16 (1) any expense related to litigation consistent 

17 with Federal-wide cost principles; or 

18 (2) any activity the purpose of which is to influ19 ence legislation pending before Congress consistent 

20 with Federal-wide cost principles. 

21 Subtitle C—Genius Prize for Save 

22 Our Seas Innovations 

23 SEC. 121. DEFINITIONS. 

24 In this subtitle: 


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1 (1) PRIZE COMPETITION.—The term ‘‘prize 

2 competition’’ means the competition for the award of 

3 the Genius Prize for Save Our Seas Innovations es4 tablished under section 122. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Commerce. 

7 SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVA8 TIONS. 

9 (a) IN GENERAL.—Not later than 1 year after the 

10 date of the enactment of this Act, the Secretary shall es11 tablish under section 24 of the Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C. 3719) a prize 

13 competition— 

14 (1) to encourage technological innovation with 

15 the potential to reduce plastic waste and thereby 

16 prevent marine debris; and 

17 (2) to award 1 or more prizes biennially for 

18 projects that advance human understanding and in19 novation in removing and preventing plastic waste, 

20 including— 

21 (A) advancements in materials used in 

22 packaging and other products that, if such 

23 products enter the coastal or ocean environ24 ment, will fully degrade without harming the 

25 environment, wildlife, or human health; 


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1 (B) innovations in production and pack2 aging design that reduce the use of raw mate3 rials, increase recycled content, encourage 

4 reusability and recyclability, and promote a cir5 cular economy; 

6 (C) improvements in marine debris detec7 tion, monitoring, and cleanup technologies and 

8 processes; 

9 (D) technological improvements or im10 proved strategies to increase solid waste collec11 tion, processing, sorting, recycling, reuse, or 

12 repurposing; and 

13 (E) new designs or strategies to reduce 

14 overall packaging needs. 

15 (b) DESIGNATION.—The prize competition estab16 lished under subsection (a) shall be known as the ‘‘Genius 

17 Prize for Save Our Seas Innovations’’. 

18 (c) PRIORITIZATION.—In selecting awards for the 

19 prize competition, priority shall be given to projects that— 

20 (1) have a strategy, submitted with the applica21 tion or proposal, to move the new technology, proc22 ess, design, material, or other product supported by 

23 the prize to market-scale deployment; 

24 (2) support the concept of a circular economy; 

25 and 


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1 (3) promote development of materials that— 

2 (A) can fully degrade in the ocean without 

3 harming the environment, wildlife, or human 

4 health; and 

5 (B) are to be used in fishing gear or other 

6 maritime products that have an increased likeli7 hood of entering the coastal or ocean environ8 ment as unintentional waste. 

9 SEC. 123. SAVE OUR SEAS INNOVATION STEERING COM10 MITTEE. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 a steering committee, to be known as the ‘‘Save Our Seas 

13 Innovation Steering Committee’’ (in this subtitle referred 

14 as the ‘‘Committee’’) to provide expert advice and rec15 ommendations in the establishment of the prize competi16 tion, selection of awardees, and analysis of the successes 

17 of the prize competition. 

18 (b) DUTIES.—Subject to subsection (d), with respect 

19 to the prize competition, the Committee shall— 

20 (1) select a topic; 

21 (2) issue a problem statement; and 

22 (3) advise the Secretary on any opportunity for 

23 market-scale development of technological innovation 

24 to prevent marine plastic debris and promote the de25 velopment of materials that fully degrade in ocean 


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1 and coastal environments without harming the envi2 ronment, wildlife, or human health. 

3 (c) COMPETITION JUDGES.—A member of the Com4 mittee may serve as a judge for the prize competition 

5 under section 125. 

6 (d) ADMINISTRATIVE COST REDUCTION.—The Com7 mittee shall, to the maximum extent practicable, minimize 

8 the administrative costs of the Committee, including by 

9 encouraging remote participation to reduce travel costs. 

10 (e) CONSULTATION.—In selecting a topic and issuing 

11 a problem statement for the prize competition under sub12 paragraphs (A) and (B) of subsection (b)(1), respectively, 

13 the Committee shall consult widely with Federal and non14 Federal stakeholders, including— 

15 (1) 1 or more Federal agencies with jurisdiction 

16 over the prevention of marine debris or the pro17 motion of innovative materials; 

18 (2) 1 or more State agencies with jurisdiction 

19 over the prevention of marine debris or the pro20 motion of innovative materials; 

21 (3) 1 or more State, regional, or local conserva22 tion or waste management organizations, the mis23 sion of which relates to the prevention of marine de24 bris or the promotion of innovative materials; 


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1 (4) 1 or more conservation groups, technology 

2 companies, research institutions, institutions of high3 er education, industry associations, or individual 

4 stakeholders with an interest in the prevention of 

5 marine debris or the promotion of innovative mate6 rials; 

7 (5) 1 or more experts in the area of standards 

8 development regarding the degradation, breakdown, 

9 or recycling of polymers; and 

10 (6) experts in the following areas: 

11 (A) Polymer chemistry. 

12 (B) Wildlife conservation and management. 

13 (C) Marine biology or animal science. 

14 (D) Waste management. 

15 (E) Technology development. 

16 (F) Engineering. 

17 (G) Lifecycle assessment. 

18 (H) Economics. 

19 (I) Recycling. 

20 (J) Business development and manage21 ment. 

22 (K) Marine environmental chemistry. 

23 (L) Any other discipline that the Secretary 

24 determines to be necessary to achieve the pur25 poses of this subtitle. 


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1 (f) NONAPPLICABILITY OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.— 

3 (1) IN GENERAL.—The Federal Advisory Com4 mittee Act (5 U.S.C. App.) shall not apply with re5 spect to the Committee. 

6 (2) APPLICABILITY OF FINANCIAL DISCLOSURE

7 REQUIREMENTS.—Notwithstanding paragraph (1), 

8 section 208(b)(3) of title 18, United States Code, 

9 shall apply with respect to Government employees 

10 serving on the Committee. 

11 SEC. 124. AGREEMENT WITH THE MARINE DEBRIS FOUNDA12 TION. 

13 (a) IN GENERAL.—The Secretary shall offer to enter 

14 into an agreement, which may include a grant or coopera15 tive agreement, under which the Marine Debris Founda16 tion established under subtitle B shall administer the prize 

17 competition. 

18 (b) REQUIREMENTS.—An agreement entered into 

19 under subsection (a) shall comply with the following re20 quirements: 

21 (1) DUTIES.—The Marine Debris Foundation 

22 shall— 

23 (A) advertise the prize competition; 

24 (B) solicit prize competition participants; 


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1 (C) administer funds relating to the prize 

2 competition; 

3 (D) receive Federal and non-Federal 

4 funds— 

5 (i) to administer the prize competi6 tion; and 

7 (ii) to award a cash prize; 

8 (E) carry out activities to generate con9 tributions of non-Federal funds to offset, in 

10 whole or in part— 

11 (i) the administrative costs of the 

12 prize competition; and 

13 (ii) the costs of a cash prize; 

14 (F) in consultation with, and subject to 

15 final approval by, the Secretary, develop criteria 

16 for the selection of prize competition winners; 

17 (G) provide advice and consultation to the 

18 Secretary on the selection of judges under sec19 tion 125 based on criteria developed in con20 sultation with, and subject to the final approval 

21 of, the Secretary; 

22 (H) announce 1 or more annual winners of 

23 the prize competition; 


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1 (I) subject to paragraph (2), award 1 or 

2 more cash prizes biennially of not less than 

3 $100,000; and 

4 (J) protect against unauthorized use or 

5 disclosure by the Marine Debris Foundation of 

6 any trade secret or confidential business infor7 mation of a prize competition participant. 

8 (2) ADDITIONAL CASH PRIZES.—The Marine 

9 Debris Foundation may award more than 1 cash 

10 prize in a year— 

11 (A) if the initial cash prize referred to in 

12 paragraph (1)(I) and any additional cash prizes 

13 are awarded using only non-Federal funds; and 

14 (B) consisting of an amount determined by 

15 the Under Secretary after the Secretary is noti16 fied by the Marine Debris Foundation that non17 Federal funds are available for an additional 

18 cash prize. 

19 (3) SOLICITATION OF FUNDS.—The Marine De20 bris Foundation— 

21 (A) may request and accept Federal funds 

22 and non-Federal funds for a cash prize or ad23 ministration of the prize competition; 


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1 (B) may accept a contribution for a cash 

2 prize in exchange for the right to name the 

3 prize; and 

4 (C) shall not give special consideration to 

5 any Federal agency or non-Federal entity in ex6 change for a donation for a cash prize awarded 

7 under this section. 

8 SEC. 125. JUDGES. 

9 (a) APPOINTMENT.—The Secretary shall appoint not 

10 fewer than 3 judges who shall, except as provided in sub11 section (b), select the 1 or more annual winners of the 

12 prize competition. 

13 (b) DETERMINATION BY THE SECRETARY.—The 

14 judges appointed under subsection (a) shall not select any 

15 annual winner of the prize competition if the Secretary 

16 makes a determination that, in any fiscal year, none of 

17 the technological advancements entered into the prize 

18 competition merits an award. 

19 SEC. 126. REPORT TO CONGRESS. 

20 Not later than 60 days after the date on which a cash 

21 prize is awarded under this subtitle, the Secretary shall 

22 submit to the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on Nat24 ural Resources of the House of Representatives a report 

25 on the prize competition that includes— 


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1 (1) a statement by the Committee that de2 scribes the activities carried out by the Committee 

3 relating to the duties described in section 123; 

4 (2) if the Secretary has entered into an agree5 ment under section 124, a statement by the Marine 

6 Debris Foundation that describes the activities car7 ried out by the Marine Debris Foundation relating 

8 to the duties described in section 123; and 

9 (3) a statement by 1 or more of the judges ap10 pointed under section 125 that explains the basis on 

11 which the winner of the cash prize was selected. 

12 SEC. 127. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AUTHORIZATION.—There are authorized to be ap14 propriated such sums as may be necessary for expenses, 

15 including administrative expenses, relating to the prize 

16 competition. 

17 (b) REIMBURSEMENT OF EXPENSES.—Members of 

18 the Committee and judges appointed under section 125 

19 shall serve without pay, but may be reimbursed for the 

20 actual and necessary traveling and subsistence expenses. 

21 SEC. 128. TERMINATION OF AUTHORITY. 

22 The prize program will terminate after 5 prize com23 petition cycles have been completed. 


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1 Subtitle D—Other Measures Relat2 ing to Combating Marine Debris 

3 SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING 

4 INNOVATION AND ENTREPRENEURSHIP PRO5 GRAMS. 

6 The Secretary of Commerce, the Secretary of Energy, 

7 the EPA Administrator, and the heads of other relevant 

8 Federal agencies, shall prioritize efforts to combat marine 

9 debris in innovation and entrepreneurship programs estab10 lished before the date of the enactment of this Act, includ11 ing by using such programs to increase innovation in and 

12 the effectiveness of waste management, monitoring, detec13 tion, data-sharing related to the prevalence and location 

14 of marine debris, demand for recycled content, alternative 

15 uses for plastic waste, product design, reduction of dispos16 able plastic consumer products and packaging, ocean bio17 degradable materials development, waste prevention, and 

18 cleanup. 

19 SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING. 

20 Not later than 1 year after the date of the enactment 

21 of this Act, the Under Secretary and the EPA Adminis22 trator shall jointly conduct a study to determine the feasi23 bility of developing a nationwide derelict vessel recycling 

24 program— 


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1 (1) using as a model the fiberglass boat recy2 cling program from the pilot project in Rhode Island 

3 led by Rhode Island Sea Grant and its partners; and 

4 (2) including, if possible, recycling of vessels 

5 made from materials other than fiberglass. 

6 SEC. 133. INCENTIVE FOR FISHERMEN TO COLLECT AND 

7 DISPOSE OF PLASTIC FOUND AT SEA. 

8 (a) IN GENERAL.—The Under Secretary shall estab9 lish a pilot program to assess the feasibility and advis10 ability of providing incentives, such as grants, to fisher11 men based in the United States who incidentally capture 

12 marine debris while at sea— 

13 (1) to track or keep the debris on board; and 

14 (2) to dispose of the debris properly on land. 

15 (b) SUPPORT FOR COLLECTION AND REMOVAL OF

16 DERELICT GEAR.—The Under Secretary shall encourage 

17 United States efforts, such as the Fishing for Energy net 

18 disposal program, that support— 

19 (1) collection and removal of derelict fishing 

20 gear and other fishing waste; 

21 (2) disposal or recycling of such gear and 

22 waste; and 

23 (3) prevention of the loss of such gear. 


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1 SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 9(a) of the Marine Debris Act (33 U.S.C. 1958(a)) is 

4 amended by— 

5 (1) striking ‘‘$10,000,000’’ and inserting 

6 ‘‘$15,000,000’’; and 

7 (2) striking ‘‘5 percent’’ and inserting ‘‘7 per8 cent’’. 

9 (b) ENHANCEMENT OF PURPOSE.—Section 2 of the 

10 Marine Debris Act (33 U.S.C. 1951) is amended by strik11 ing ‘‘marine environment,’’ and inserting ‘‘marine environ12 ment (including waters in the jurisdiction of the United 

13 States, the high seas, and waters in the jurisdiction of 

14 other countries),’’. 

15 SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM 

16 LAND. 

17 (a) SPECIAL-USE AUTHORIZATION.—The Secretary 

18 of Agriculture (referred to in this section as the ‘‘Sec19 retary’’) shall not require a volunteer organization to ob20 tain a special-use authorization for the removal of any ma21 rine debris being stored on National Forest System land. 

22 (b) TEMPORARY STORAGE.—Marine debris may be 

23 stored on National Forest System land in a location deter24 mined by the Secretary for not more than 60 days. 

25 (c) REQUIREMENTS.—Except as otherwise provided 

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1 rine debris from National Forest System land shall be con2 ducted in a manner consistent with applicable law and reg3 ulations and subject to such reasonable terms and condi4 tions as the Secretary may require. 

5 Subtitle E—Studies and Reports 

6 SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE 

7 USES OF PLASTIC WASTE. 

8 Not later than 2 years after the date of the enact9 ment of this Act, the Marine Debris Coordinating Com10 mittee established under section 5 of the Marine Debris 

11 Act (33 U.S.C. 1954) (in this subtitle referred to as the 

12 ‘‘Interagency Marine Debris Coordinating Committee’’) 

13 shall submit to Congress a report on innovative uses for 

14 plastic waste other than in infrastructure. 

15 SEC. 142. REPORT ON MICROFIBER POLLUTION. 

16 Not later than 2 years after the date of the enact17 ment of this Act, the Interagency Marine Debris Coordi18 nating Committee shall submit to Congress a report on 

19 microfiber pollution that includes— 

20 (1) a definition for ‘‘microfiber’’; 

21 (2) an assessment of the sources, prevalence, 

22 and causes of microfiber pollution; 

23 (3) a recommendation for a standardized meth24 odology to measure and estimate the prevalence of 

25 microfiber pollution; 


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1 (4) recommendations for reducing microfiber 

2 pollution; and 

3 (5) a plan for how Federal agencies, in partner4 ship with other stakeholders, can lead on opportuni5 ties to reduce microfiber pollution during the 5-year 

6 period beginning on such date of enactment. 

7 SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION 

8 DATA. 

9 (a) IN GENERAL.—The Under Secretary, in consulta10 tion with the EPA Administrator, shall seek to enter into 

11 an arrangement with the National Academies of Sciences, 

12 Engineering, and Medicine under which the National 

13 Academies will undertake a multifaceted study that in14 cludes the following: 

15 (1) An evaluation of United States contribu16 tions to global ocean plastic waste, including types, 

17 sources, and geographic variations. 

18 (2) An assessment of the prevalence of marine 

19 debris and mismanaged plastic waste in saltwater 

20 and freshwater United States waterways. 

21 (b) REPORT.—Not later than 18 months after the 

22 date of the enactment of this Act, the Under Secretary 

23 shall submit to Congress a report on the study conducted 

24 under subsection (a) that includes— 

25 (1) the findings of the National Academies; 


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1 (2) recommendations on knowledge gaps that 

2 warrant further scientific inquiry; and 

3 (3) recommendations on the potential value of 

4 a national marine debris tracking and monitoring 

5 system and how such a system might be designed 

6 and implemented. 

7 SEC. 144. REPORT ON MINIMIZING THE CREATION OF NEW 

8 PLASTIC WASTE. 

9 Not later than 2 years after the date of the enact10 ment of this Act, the Interagency Marine Debris Coordi11 nating Committee shall submit to Congress a report on 

12 minimizing the creation of new plastic waste. 

13 SEC. 145. STUDY ON MASS BALANCE METHODOLOGIES TO 

14 CERTIFY CIRCULAR POLYMERS. 

15 (a) IN GENERAL.—The National Institute of Stand16 ards and Technology shall conduct a study of available 

17 mass balance methodologies that are or could be readily 

18 standardized to certify circular polymers. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Institute shall submit to Con21 gress a report on the study conducted under subsection 

22 (a) that includes— 

23 (1) an identification and assessment of existing 

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1 ply chain sustainability of polymers, considering the 

2 full life cycle of the polymer, and including an exam3 ination of— 

4 (A) the International Sustainability and 

5 Carbon Certification; and 

6 (B) the Roundtable on Sustainable Bio7 materials; and 

8 (2) an assessment of any legal or regulatory 

9 barriers to developing a standard and certification 

10 system for circular polymers. 

11 (c) DEFINITIONS.—In this section: 

12 (1) CIRCULAR POLYMERS.—The term ‘‘circular 

13 polymers’’ means polymers that can be reused mul14 tiple times or converted into a new, higher-quality 

15 product. 

16 (2) MASS BALANCE METHODOLOGY.—The term 

17 ‘‘mass balance methodology’’ means the method of 

18 chain of custody accounting designed to track the 

19 exact total amount of certain content in products or 

20 materials through the production system and to en21 sure an appropriate allocation of this content in the 

22 finished goods based on auditable bookkeeping. 


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1 TITLE II—ENHANCED GLOBAL 

2 ENGAGEMENT TO COMBAT 

3 MARINE DEBRIS 

4 SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL CO5 OPERATION TO COMBAT MARINE DEBRIS. 

6 It is the policy of the United States to partner, con7 sult, and coordinate with foreign governments (at the na8 tional and subnational levels), civil society, international 

9 organizations, international financial institutions, sub10 national coastal communities, commercial and recreational 

11 fishing industry leaders, and the private sector, in a con12 certed effort— 

13 (1) to increase knowledge and raise awareness 

14 about— 

15 (A) the linkages between the sources of 

16 plastic waste, mismanaged waste, and marine 

17 debris; and 

18 (B) the upstream and downstream causes 

19 and effects of plastic waste, mismanaged waste, 

20 and marine debris on marine environments, ma21 rine wildlife, human health, and economic devel22 opment; 

23 (2) to support— 

24 (A) strengthening systems for recovering, 

25 managing, reusing (to the extent practicable), 


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1 and recycling plastic waste, marine debris, and 

2 microfiber pollution in the world’s oceans, em3 phasizing upstream waste management solu4 tions— 

5 (i) to mitigate plastic waste at its 

6 source; and 

7 (ii) to prevent leakage of plastic waste 

8 into the environment; 

9 (B) advancing the utilization and avail10 ability of safe and affordable reusable alter11 natives to disposable plastic products in com12 merce, to the extent practicable, and with con13 sideration for the potential impacts of such al14 ternatives, and other efforts to prevent marine 

15 debris; 

16 (C) deployment of and access to advanced 

17 technologies to capture value from municipal 

18 solid waste streams through mechanical and 

19 other recycling systems; 

20 (D) access to information on best practices 

21 in waste management, options for waste system 

22 financing, and options for participating in pub23 lic-private partnerships; and 

24 (E) implementation of management meas25 ures to reduce derelict fishing gear, the loss of 


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1 fishing gear, and other sources of pollution gen2 erated from marine activities and to increase 

3 proper disposal and recycling of fishing gear; 

4 and 

5 (3) to work cooperatively with international 

6 partners— 

7 (A) on establishing— 

8 (i) measurable targets for reducing 

9 marine debris, lost fishing gear, and plastic 

10 waste from all sources; and 

11 (ii) action plans to achieve those tar12 gets with a mechanism to provide regular 

13 reporting; 

14 (B) to promote consumer education, 

15 awareness, and outreach to prevent marine de16 bris; 

17 (C) to reduce marine debris by improving 

18 advance planning for marine debris events and 

19 responses to such events; and 

20 (D) to share best practices in waste man21 agement systems to prevent the entry of plastic 

22 waste into the environment. 


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1 SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE 

2 TO COMBAT MARINE DEBRIS AND IMPROVE 

3 PLASTIC WASTE MANAGEMENT. 

4 (a) IN GENERAL.—The Secretary of State shall, in 

5 coordination with the Administrator of the United States 

6 Agency for International Development, as appropriate, 

7 and the officials specified in subsection (b)— 

8 (1) lead and coordinate efforts to implement the 

9 policy described in section 201; and 

10 (2) develop strategies and implement programs 

11 that prioritize engagement and cooperation with for12 eign governments, subnational and local stake13 holders, and the private sector to expedite efforts 

14 and assistance in foreign countries— 

15 (A) to partner with, encourage, advise and 

16 facilitate national and subnational governments 

17 on the development and execution, where prac18 ticable, of national projects, programs and ini19 tiatives to— 

20 (i) improve the capacity, security, and 

21 standards of operations of waste manage22 ment systems; 

23 (ii) monitor and track how well waste 

24 management systems are functioning na25 tionwide, based on uniform and trans26 parent standards developed in cooperation 


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1 with municipal, industrial, and civil society 

2 stakeholders; 

3 (iii) identify waste management sys4 tems’ operational challenges and develop 

5 policy and programmatic solutions; 

6 (iv) end intentional or unintentional 

7 incentives for municipalities, industries, 

8 and individuals to improperly dispose of 

9 plastic waste; and 

10 (v) conduct outreach campaigns to 

11 raise public awareness of the importance of 

12 proper waste disposal; 

13 (B) to facilitate the involvement of munici14 palities and industries in improving solid waste 

15 reduction, collection, disposal, and reuse and re16 cycling projects, programs, and initiatives; 

17 (C) to partner with and provide technical 

18 assistance to investors, and national and local 

19 institutions, including private sector actors, to 

20 develop new business opportunities and solu21 tions to specifically reduce plastic waste and ex22 pand solid waste management best practices 

23 and waste collection services in foreign coun24 tries by— 


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1 (i) maximizing the number of people 

2 and businesses, in both rural and urban 

3 communities, receiving reliable solid waste 

4 management services and using safe and 

5 responsible practices for properly dis6 posing, including recycling or reusing 

7 waste materials; 

8 (ii) improving and expanding the ca9 pacity of foreign industries to responsibly 

10 manage waste; 

11 (iii) improving and expanding the ca12 pacity and transparency of tracking mech13 anisms for marine debris to reduce the im14 pacts on the marine environment; 

15 (iv) eliminating incentives that under16 mine responsible waste management prac17 tices and lead to improper waste disposal 

18 practices and leakage; 

19 (v) building the capacity of coun20 tries— 

21 (I) to monitor, regulate, and 

22 manage waste, plastic waste, and pol23 lution appropriately and trans24 parently; 


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1 (II) to encourage private invest2 ment in waste management, including 

3 collection services and responsible and 

4 beneficial reuse of plastic waste prod5 ucts; and 

6 (III) to encourage private invest7 ment, grow opportunities, and develop 

8 markets for recyclable, reusable, and 

9 repurposed plastic waste materials, 

10 and products with high levels of recy11 cled plastic content, at both national 

12 and local levels; and 

13 (vi) promoting safe and affordable re14 usable alternatives to disposable plastic 

15 products, to the extent practicable; and 

16 (D) to research, identify, and facilitate op17 portunities to promote collection and proper 

18 disposal of damaged or derelict fishing gear. 

19 (b) OFFICIALS SPECIFIED.—The officials specified in 

20 this subsection are the following: 

21 (1) The United States Trade Representative. 

22 (2) The Under Secretary. 

23 (3) The EPA Administrator. 

24 (4) The Director of the Trade and Development 

25 Agency. 


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1 (5) The President and the Board of Directors 

2 of the Overseas Private Investment Corporation or 

3 the Chief Executive Officer and the Board of Direc4 tors of the United States International Development 

5 Finance Corporation, as appropriate. 

6 (6) The Chief Executive Officer and the Board 

7 of Directors of the Millennium Challenge Corpora8 tion. 

9 (7) The heads of such other agencies as the 

10 Secretary of State considers appropriate. 

11 (c) PRIORITIZATION.—In carrying out subsection (a), 

12 the officials specified in subsection (b) shall prioritize as13 sistance to countries with— 

14 (1) rapidly developing economies; and 

15 (2) rivers and coastal areas that are the most 

16 severe sources of marine debris. 

17 (d) EFFECTIVENESS MEASUREMENT.—In 

18 prioritizing and expediting efforts and assistance under 

19 this section, the officials specified in subsection (b) shall 

20 use clear, accountable, and metric-based targets to meas21 ure the effectiveness of guarantees and assistance in 

22 achieving the policy described in section 201. 

23 (e) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to authorize the modification of or 


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1 the imposition of limits on the portfolios of any agency 

2 or institution led by an official specified in subsection (b). 

3 SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL 

4 FORA. 

5 In implementing the policy described in section 201, 

6 the President shall direct the United States representa7 tives to appropriate international bodies and conferences 

8 (such as the United Nations Environment Programme, 

9 the Association of Southeast Asian Nations, the Asia Pa10 cific Economic Cooperation, the Group of 7, the Group 

11 of 20, and the Our Ocean Conference) to use the voice, 

12 vote, and influence of the United States, consistent with 

13 the broad foreign policy goals of the United States, to ad14 vocate that each such body— 

15 (1) commit to significantly increasing efforts to 

16 promote investment in well-designed waste manage17 ment and plastic waste elimination and mitigation 

18 projects and services that increase access to safe 

19 waste management and mitigation services, in part20 nership with the private sector and consistent with 

21 the constraints of other countries; 

22 (2) address the waste management needs of in23 dividuals and communities where access to municipal 

24 waste management services is historically impractical 

25 or cost-prohibitive; 


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1 (3) enhance coordination with the private sec2 tor— 

3 (A) to increase access to solid waste man4 agement services; 

5 (B) to utilize safe and affordable reusable 

6 alternatives to disposable plastic products, to 

7 the extent practicable; 

8 (C) to encourage and incentivize the use of 

9 recycled content; and 

10 (D) to grow economic opportunities and 

11 develop markets for recyclable, reusable, and 

12 repurposed plastic waste materials and other ef13 forts that support the circular economy; 

14 (4) provide technical assistance to foreign regu15 latory authorities and governments to remove unnec16 essary barriers to investment in otherwise commer17 cially-viable projects related to— 

18 (A) waste management including recycling; 

19 (B) the use of safe and affordable reusable 

20 alternatives to disposable plastic products, to 

21 the extent practicable; or 

22 (C) beneficial reuse of solid waste, plastic 

23 waste, plastic products, and refuse; 


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1 (5) use clear, accountable, and metric-based 

2 targets to measure the effectiveness of such projects; 

3 and 

4 (6) engage international partners in an existing 

5 multilateral forum (or, if necessary, establish 

6 through an international agreement a new multilat7 eral forum) to improve global cooperation on— 

8 (A) creating tangible metrics for evaluating 

9 efforts to reduce plastic waste and marine de10 bris; 

11 (B) developing and implementing best 

12 practices for collecting, disposing, recycling, and 

13 reusing plastic waste, including building capac14 ity for improving waste management at the na15 tional and subnational levels of foreign coun16 tries, particularly countries with little to no 

17 solid waste management systems, facilities, or 

18 policies in place; 

19 (C) encouraging the development of stand20 ards and practices, and increasing recycled con21 tent percentage requirements for disposable 

22 plastic products; 

23 (D) integrating tracking and monitoring 

24 systems into waste management systems; 


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1 (E) fostering research to improve scientific 

2 understanding of— 

3 (i) how microfibers and microplastics 

4 may affect marine ecosystems, human 

5 health and safety, and maritime activities; 

6 (ii) changes in the amount and re7 gional concentrations of plastic waste in 

8 the ocean, based on scientific modeling and 

9 forecasting; 

10 (iii) the role rivers, streams, and other 

11 inland waterways play in serving as con12 duits for mismanaged waste traveling from 

13 land to the ocean; 

14 (iv) effective means to eliminate 

15 present and future leakages of plastic 

16 waste into the environment; and 

17 (v) other related areas of research the 

18 United States representatives deem nec19 essary; 

20 (F) encouraging the World Bank and other 

21 international finance organizations to prioritize 

22 efforts to combat marine debris; 

23 (G) collaborating on technological advances 

24 in waste management and recycled plastics; 


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1 (H) growing economic opportunities and 

2 developing markets for recyclable, reusable, and 

3 repurposed plastic waste materials and other ef4 forts that support the circular economy; and 

5 (I) advising foreign countries, at both the 

6 national and subnational levels, on the develop7 ment and execution of regulatory policies, serv8 ices, including recycling and reuse of plastic, 

9 and laws pertaining to reducing the creation 

10 and the collection and safe management of— 

11 (i) solid waste; 

12 (ii) plastic waste; and 

13 (iii) marine debris. 

14 SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND 

15 PARTNERSHIP OF UNITED STATES AGENCIES 

16 INVOLVED IN MARINE DEBRIS ACTIVITIES. 

17 (a) FINDINGS.—Congress recognizes the success of 

18 the marine debris program of the National Oceanic and 

19 Atmospheric Administration and the Trash-Free Waters 

20 program of the Environmental Protection Agency. 

21 (b) AUTHORIZATION OF EFFORTS TO BUILD FOR22 EIGN PARTNERSHIPS.—The Under Secretary and the 

23 EPA Administrator shall work with the Secretary of State 

24 and the Administrator of the United States Agency for 

25 International Development to build partnerships, as apVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 propriate, with the governments of foreign countries and 

2 to support international efforts to combat marine debris. 

3 SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREE4 MENTS. 

5 Not later than 1 year after the date of the enactment 

6 of this Act, the Secretary of State shall submit to Con7 gress a report— 

8 (1) assessing the potential for negotiating new 

9 international agreements or creating a new inter10 national forum to reduce land-based sources of ma11 rine debris and derelict fishing gear, consistent with 

12 section 203; 

13 (2) describing the provisions that could be in14 cluded in such agreements; and 

15 (3) assessing potential parties to such agree16 ments. 

17 SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTI18 ATING INTERNATIONAL AGREEMENTS. 

19 In negotiating any relevant international agreement 

20 with any country or countries after the date of the enact21 ment of this Act, the President shall, as appropriate— 

22 (1) consider the impact of land-based sources of 

23 plastic waste and other solid waste from that coun24 try on the marine and aquatic environment; and 


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1 (2) ensure that the agreement strengthens ef2 forts to eliminate land-based sources of plastic waste 

3 and other solid waste from that country that impact 

4 the marine and aquatic environment. 

5 TITLE III—IMPROVING DOMES6 TIC INFRASTRUCTURE TO 

7 PREVENT MARINE DEBRIS 

8 SEC. 301. DEFINITIONS. 

9 In this title: 

10 (1) INTENDED USE PLAN.—The term ‘‘intended 

11 use plan’’ means a plan developed by a State under 

12 section 303(c)(1). 

13 (2) STATE.—The term ‘‘State’’ means— 

14 (A) a State; 

15 (B) an Indian Tribe; 

16 (C) the District of Columbia; and 

17 (D) a territory or possession of the United 

18 States. 

19 (3) STATE LOAN FUND.—The term ‘‘State loan 

20 fund’’ means a waste management revolving loan 

21 fund established by a State under section 

22 303(a)(2)(B). 

23 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 has the meaning given the term ‘‘Indian tribe’’ in 


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1 section 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 5304). 

3 SEC. 302. STRATEGY FOR IMPROVING WASTE MANAGE4 MENT, RECYCLING, AND WATER MANAGE5 MENT. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the EPA Administrator 

8 shall, in consultation with stakeholders, develop a strategy 

9 to improve waste management and recycling infrastruc10 ture, particularly for waste management and recycling in11 frastructure systems not meeting national standards 

12 under subtitle D of the Solid Waste Disposal Act (42 

13 U.S.C. 6941 et seq.) and other waste standards, for the 

14 purpose of reducing potential leakage of plastic waste and 

15 other solid waste into waterways and oceans. 

16 (b) RELEASE.—On development of the strategy 

17 under subsection (a), the EPA Administrator shall— 

18 (1) distribute the strategy to States and units 

19 of local government; and 

20 (2) make the strategy publicly available for use 

21 by— 

22 (A) for-profit private waste management 

23 and recycling entities; and 

24 (B) other nongovernmental entities. 


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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that the strategy under subsection (a) should include 

3 guidance, for the purpose of reducing potential leakage of 

4 plastic waste and other solid waste into waterways and 

5 oceans, relating to— 

6 (1) the harmonization of waste collection proto7 cols; 

8 (2) the harmonization of recycling protocols for 

9 municipal recycling programs, including— 

10 (A) best practices for the collection of resi11 dential recyclables; 

12 (B) improved quality and sorting of recy13 clable materials through opportunities such 

14 as— 

15 (i) education and awareness pro16 grams; 

17 (ii) improved infrastructure, including 

18 new equipment and innovative technologies 

19 for processing of recyclable materials; 

20 (iii) enhanced markets for recycled 

21 material; and 

22 (iv) standardized measurements; and 

23 (C) increasing capacity for more types of 

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1 rials to be collected, processed, and recycled or 

2 repurposed into usable materials or products; 

3 (3) the development of new strategies and pro4 grams that prioritize engagement and cooperation 

5 with States and the private sector to expedite efforts 

6 and assistance in States to partner with, encourage, 

7 advise, and facilitate the development and execution, 

8 where practicable, of projects, programs, and initia9 tives— 

10 (A) to improve the capacity, security, and 

11 standards of operations of waste management 

12 systems; 

13 (B) to monitor and track how well waste 

14 management systems are functioning, based on 

15 uniform and transparent standards developed in 

16 cooperation with municipal, industrial, Federal, 

17 and civil society stakeholders; 

18 (C)(i) to identify the operational challenges 

19 of waste management systems; and 

20 (ii) to develop policy and programmatic so21 lutions to those challenges; and 

22 (D) to end intentional and unintentional 

23 incentives for municipalities, industries, and in24 dividuals to improperly dispose of municipal 

25 solid waste; and 


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1 (4) strengthening markets for products with 

2 high levels of recycled plastic content. 

3 (d) COMPLEMENTARY ACTIVITIES.—It is the sense of 

4 Congress that the strategy developed under subsection (a) 

5 should include guidance on activities that are complemen6 tary to the activities described in subsection (c), such as— 

7 (1) reducing waste at the source of the waste, 

8 including anti-litter initiatives; 

9 (2) developing effective trash provisions for— 

10 (A) national pollutant discharge elimi11 nation system permits issued to municipal sepa12 rate storm sewer systems under section 402 of 

13 the Federal Water Pollution Control Act (33 

14 U.S.C. 1342); and 

15 (B) stormwater management plans; 

16 (3) capturing trash at stormwater inlets, 

17 stormwater outfalls, or in bodies of water; 

18 (4) providing education and outreach relating to 

19 trash movement and reduction; and 

20 (5) monitoring or modeling waste flows and the 

21 reduction of waste resulting from the implementa22 tion of best management practices. 

23 SEC. 303. WASTE MANAGEMENT STATE REVOLVING FUNDS. 

24 (a) BLOCK GRANTS TO STATES TO ESTABLISH LOAN

25 FUNDS.— 


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1 (1) IN GENERAL.—The EPA Administrator 

2 shall offer to enter into agreements with eligible 

3 States to make capitalization block grants, including 

4 letters of credit, to the States under this sub5 section— 

6 (A) to support improvements to local waste 

7 management systems, including traditional and 

8 innovative recycling and reuse technologies; 

9 (B) to assist local waste management au10 thorities in making improvements to local waste 

11 management systems— 

12 (i) to meet waste management stand13 ards under subtitle D of the Solid Waste 

14 Disposal Act (42 U.S.C. 6941 et seq.), 

15 particularly with respect to systems falling 

16 significantly below national standards 

17 under that subtitle, as determined by the 

18 EPA Administrator; and 

19 (ii) to implement the strategy devel20 oped under section 302(a); 

21 (C) to deploy waste interceptor tech22 nologies, such as ‘‘trash wheels’’ and litter 

23 traps, to manage the collection and cleanup of 

24 aggregated waste from waterways; and 


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1 (D) for such other purposes as the EPA 

2 Administrator determines to be appropriate. 

3 (2) ELIGIBILITY.—To be eligible to receive a 

4 capitalization block grant under this subsection, a 

5 State shall— 

6 (A) enter into a capitalization agreement 

7 with the EPA Administrator under paragraph 

8 (1); and 

9 (B) establish a waste management revolv10 ing State loan fund. 

11 (3) DEPOSIT.—Funds from a capitalization 

12 block grant to a State under this subsection shall be 

13 deposited in the State loan fund established by the 

14 State. 

15 (4) PERIOD.—Funds from a capitalization block 

16 grant to a State under this subsection shall be avail17 able to the State for obligation— 

18 (A) during the fiscal year for which the 

19 funds are authorized; and 

20 (B) during the following fiscal year. 

21 (5) ALLOTMENT.—Funds made available to 

22 carry out this section shall be allotted to States at 

23 the discretion of the EPA Administrator. 

24 (6) REALLOTMENT.—Any funds not obligated 

25 by a State by the last day of the period for which 


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1 the block grants are available shall be reallotted in 

2 accordance with paragraph (5). 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—Amounts deposited in a 

5 State loan fund, including loan repayments and in6 terest earned on the amounts, shall be used only— 

7 (A) for providing loans or loan guarantees; 

8 (B) for outcomes-based or performance 

9 payments; or 

10 (C) as a source of reserve and security for 

11 leveraged loans. 

12 (2) LIMITATIONS.—Loans or loan guarantees 

13 made by a State under paragraph (1)(A)— 

14 (A) may be used only for expenditures of 

15 a type or category that the EPA Administrator 

16 has determined, through guidance, will— 

17 (i) facilitate compliance with an in18 tended use plan; or 

19 (ii) otherwise significantly further the 

20 purposes described in subparagraphs (A) 

21 through (C) of subsection (a)(1); and 

22 (B) may not be used for the acquisition of 

23 real property or an interest in real property, 

24 unless the acquisition is— 


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1 (i) integral to an intended use plan; 

2 and 

3 (ii) from a willing seller. 

4 (c) INTENDED USE PLANS.— 

5 (1) IN GENERAL.—After providing for public 

6 review and comment, each State that has entered 

7 into a capitalization agreement under subsection 

8 (a)(1) annually shall prepare a plan that identifies 

9 the intended uses of the amounts available from the 

10 State loan fund of the State. 

11 (2) CONTENTS.—An intended use plan shall in12 clude— 

13 (A) a list of the projects to be carried out 

14 by entities receiving the loans in the first fiscal 

15 year that begins after the date of the intended 

16 use plan, including a description of the project; 

17 (B) a description of how the funds will 

18 support disadvantaged communities; 

19 (C) the criteria and methods established 

20 for the use of the funds; and 

21 (D) a description of the financial status of 

22 the State loan fund and the short- and long23 term goals of the State loan fund. 

24 (3) LIST OF PROJECTS.—Each State, after no25 tice and opportunity for public comment, shall pubVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 lish, and periodically update, a list of projects in the 

2 State that are eligible for assistance under this sec3 tion, including— 

4 (A) the priority assigned to each project; 

5 and 

6 (B) to the maximum extent practicable, 

7 the expected funding schedule for each project. 

8 (d) FUND MANAGEMENT.— 

9 (1) IN GENERAL.—Each State loan fund shall 

10 be established, maintained, and credited with repay11 ments and interest, and the fund corpus shall be 

12 available in perpetuity in accordance with this sec13 tion. 

14 (2) INVESTMENT AUTHORIZED.—To the extent 

15 amounts in the State loan fund of a State are not 

16 required for current obligation or expenditure, the 

17 amounts shall be invested in interest bearing obliga18 tions. 

19 (e) STATE CONTRIBUTIONS.—Each capitalization 

20 agreement entered into under subsection (a)(1) shall re21 quire that the State deposit in the State loan fund from 

22 State funds an amount equal to not less than 20 percent 

23 of the total amount of the block grant to be made to the 

24 State on or before the date on which the block grant pay25 ment is made to the State. 


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1 (f) ADMINISTRATION OF STATE LOAN FUND.— 

2 (1) IN GENERAL.—Each State annually may 

3 use not greater than 4 percent of the funds allotted 

4 to the State under this section to cover the reason5 able costs of administration of the programs under 

6 this section, including the recovery of reasonable 

7 costs expended to establish a State loan fund that 

8 are incurred after the date of enactment of this Act. 

9 (2) GUIDANCE AND REGULATIONS.—The EPA 

10 Administrator shall issue guidance and promulgate 

11 regulations as are necessary to carry out this sec12 tion, including guidance and regulations— 

13 (A) to ensure that each State commits and 

14 expends funds allotted to the State under this 

15 section as efficiently as practicable in accord16 ance with this section and applicable State law; 

17 (B) to prevent waste, fraud, and abuse; 

18 and 

19 (C) to ensure that the States receiving 

20 block grants under this section use accounting, 

21 audit, and fiscal procedures that conform to 

22 generally accepted accounting standards. 

23 (3) STATE REPORT.—Not less frequently than 

24 every 2 years, each State administering a State loan 

25 fund under this section shall submit to the EPA AdVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 ministrator a report describing the activities carried 

2 out under this section, including the findings of the 

3 most recent audit of the State loan fund and the en4 tire State allotment. 

5 (4) AUDITS.—The EPA Administrator shall pe6 riodically audit all State loan funds established by, 

7 and all other amounts allotted to, the States in ac8 cordance with procedures established by the Comp9 troller General of the United States. 

10 (g) APPLICABILITY OF FEDERAL LAW.— 

11 (1) IN GENERAL.—The EPA Administrator 

12 shall ensure that all laborers and mechanics em13 ployed on projects funded directly, or assisted in 

14 whole or in part, by a State loan fund established 

15 by this section shall be paid wages at rates not less 

16 than those prevailing on projects of a character simi17 lar in the locality as determined by the Secretary of 

18 Labor in accordance with subchapter IV of chapter 

19 31 of part A of subtitle II of title 40, United States 

20 Code. 

21 (2) AUTHORITY.—With respect to the labor 

22 standards specified in paragraph (1), the Secretary 

23 of Labor shall have the authority and functions set 

24 forth in Reorganization Plan Numbered 14 of 1950 


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1 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

2 title 40, United States Code. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 such amounts as are necessary for each of fiscal years 

6 2020 through 2025. 

7 SEC. 304. GRANT PROGRAMS. 

8 (a) WASTE MANAGEMENT INFRASTRUCTURE GRANT

9 PROGRAM.— 

10 (1) IN GENERAL.—The EPA Administrator 

11 may provide grants to units of local government, In12 dian Tribes, and local waste management systems— 

13 (A) to assist those entities in making im14 provements to waste management systems— 

15 (i) to meet waste management stand16 ards established under subtitle D of the 

17 Solid Waste Disposal Act (42 U.S.C. 6941 

18 et seq.); and 

19 (ii) to implement the strategy devel20 oped section 302(a); and 

21 (B) to support improvements to local waste 

22 management systems, including traditional and 

23 innovative recycling and reuse technologies. 

24 (2) APPLICATIONS.—To be eligible to receive a 

25 grant under paragraph (1), an applicant shall subVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 mit to the EPA Administrator an application at 

2 such time, in such manner, and containing such in3 formation as the EPA Administrator may require. 

4 (b) DRINKING WATER INFRASTRUCTURE GRANTS.— 

5 (1) IN GENERAL.—The EPA Administrator 

6 may provide competitive grants to units of local gov7 ernment (including units of local government that 

8 own treatment works (as defined in section 212 of 

9 the Federal Water Pollution Control Act (33 U.S.C. 

10 1292))), Indian Tribes, and public water systems (as 

11 defined in section 1401 of the Safe Drinking Water 

12 Act (42 U.S.C. 300f)), as applicable, to support im13 provements in removing plastic waste from drinking 

14 water, including planning, design, construction, tech15 nical assistance, and planning support for oper16 ational adjustments. 

17 (2) PREFERENCE.—In making grants under 

18 paragraph (1), the EPA Administrator shall give 

19 preference to applicants that— 

20 (A) seek to improve the removal of micro21 plastics, including microfibers, from drinking 

22 water; and 

23 (B) have demonstrated prior commitment 

24 and success in reducing other pollution sources 


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1 in drinking water, such as lead and other con2 taminants. 

3 (3) APPLICATIONS.—To be eligible to receive a 

4 grant under paragraph (1), an applicant shall sub5 mit to the EPA Administrator an application at 

6 such time, in such manner, and containing such in7 formation as the EPA Administrator may require. 

8 (c) WASTEWATER INFRASTRUCTURE GRANTS.— 

9 (1) IN GENERAL.—The EPA Administrator 

10 may provide grants to units of local government (in11 cluding units of local government that own treat12 ment works (as defined in section 212 of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1292))) and 

14 public water systems (as defined in section 1401 of 

15 the Safe Drinking Water Act (42 U.S.C. 300f)), as 

16 applicable, to support improvements in removing 

17 plastic waste from wastewater. 

18 (2) PREFERENCE.—In making grants under 

19 paragraph (1), the EPA Administrator shall give 

20 preference to applicants that— 

21 (A) seek to improve the removal of micro22 plastics, including microfibers, from wastewater; 

23 and 

24 (B) have demonstrated prior commitment 

25 and success in reducing other pollution sources 


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1 in wastewater, such as nutrient pollution and 

2 other contaminants. 

3 (3) APPLICATIONS.—To be eligible to receive a 

4 grant under paragraph (1), an applicant shall sub5 mit to the EPA Administrator an application at 

6 such time, in such manner, and containing such in7 formation as the EPA Administrator may require. 

8 (d) TRASH-FREE WATERS GRANTS.— 

9 (1) IN GENERAL.—The EPA Administrator 

10 may provide grants to political subdivisions of States 

11 and units of local government, Indian Tribes, and 

12 nonprofit organizations— 

13 (A) to support projects to reduce the quan14 tity of trash in bodies of water by reducing the 

15 quantity of trash at the source of the trash, in16 cluding anti-litter initiatives; 

17 (B) to enforce local trash ordinances; 

18 (C) to implement the trash provisions of a 

19 national pollutant discharge elimination system 

20 permit issued to a municipal separate storm 

21 sewer system under section 402 of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1342); 

23 (D) to capture trash at stormwater inlets, 

24 stormwater outfalls, or in bodies of water; 


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1 (E) to provide education and outreach 

2 about trash movement and reduction; and 

3 (F) to monitor or model flows of trash, in4 cluding monitoring or modeling a reduction in 

5 trash as a result of the implementation of best 

6 management practices for the reduction of 

7 trash in sources of drinking water. 

8 (2) APPLICATIONS.—To be eligible to receive a 

9 grant under paragraph (1), an applicant shall sub10 mit to the EPA Administrator an application at 

11 such time, in such manner, and containing such in12 formation as the EPA Administrator may require. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—Subject to paragraph (2), 

15 there are authorized to be appropriated such sums 

16 as are necessary to carry out this section. 

17 (2) NO IMPACT ON OTHER FEDERAL FUNDS.— 

18 (A) IN GENERAL.—No funds shall be made 

19 available under paragraph (1) to carry out sub20 sections (b) and (c) in a fiscal year if the total 

21 amount made available to carry out the pro22 grams described in subparagraph (B) for that 

23 fiscal year is less than the total amount made 

24 available to carry out the programs described in 

25 subparagraph (B) for fiscal year 2019. 


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1 (B) PROGRAMS DESCRIBED.—The pro2 grams referred to in subparagraph (A) are— 

3 (i) State drinking water treatment re4 volving loan funds established under sec5 tion 1452 of the Safe Drinking Water Act 

6 (42 U.S.C. 300j–12); 

7 (ii) programs for assistance for small 

8 and disadvantaged communities under sub9 sections (a) through (j) of section 1459A 

10 of the Safe Drinking Water Act (42 U.S.C. 

11 300j–19a); and 

12 (iii) State water pollution control re13 volving funds established under title VI of 

14 the Federal Water Pollution Control Act 

15 (33 U.S.C. 1381 et seq.). 

16 SEC. 305. STUDY ON REPURPOSING PLASTIC WASTE IN IN17 FRASTRUCTURE. 

18 (a) IN GENERAL.—The Secretary of Transportation 

19 (referred to in this section as the ‘‘Secretary’’) and the 

20 EPA Administrator shall seek to jointly enter into an ar21 rangement with the National Academies of Sciences, Engi22 neering, and Medicine under which the National Acad23 emies will— 


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1 (1) conduct a study of the feasibility and advis2 ability of innovative uses of plastic waste in road3 ways, bridges, and other infrastructure; and 

4 (2) as part of the study under paragraph (1)— 

5 (A) identify international examples of— 

6 (i) the use of materials described in 

7 that paragraph; and 

8 (ii) projects in which the use of plastic 

9 waste has been applied; 

10 (B) assess the economic benefits, if any, 

11 including employment opportunities, to munici12 palities and States in investing in innovative 

13 reuse of plastic waste in infrastructure; and 

14 (C) if the National Academies consider 

15 uses described in that paragraph to be advis16 able, make recommendations with respect to 

17 what Federal testing standards and other bar18 riers may need to be addressed to enable those 

19 uses, including with respect to ensuring human 

20 health and safety. 

21 (b) REPORT REQUIRED.—Not later than 2 years 

22 after the date of enactment of this Act, the Secretary shall 

23 submit to Congress a report on the study conducted under 

24 subsection (a). 

25 (c) GRANT PROGRAM.— 


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1 (1) IN GENERAL.—If the National Academies 

2 consider the innovative uses of plastic waste de3 scribed in subsection (a)(1) to be advisable, and the 

4 Secretary agrees, the Secretary shall establish a 

5 grant program to encourage those uses. 

6 (2) DEMONSTRATION PROJECTS.—If the Sec7 retary establishes a grant program under paragraph 

8 (1), the Secretary shall carry out the grant program 

9 by selecting, through a competitive process, not more 

10 than 5 projects to demonstrate the uses described in 

11 subsection (a)(1), each of which shall be located in 

12 a different region of the United States. 

13 (3) REPORT.—Not later than 180 days after 

14 the date on which the last demonstration project, if 

15 any, is completed under paragraph (2), the Sec16 retary shall submit to Congress a report summa17 rizing the results of the demonstration projects, in18 cluding— 

19 (A) the total quantity of plastic waste redi20 rected from the waste stream into infrastruc21 ture; 

22 (B) the durability of the infrastructure 

23 constructed with plastic waste; and 


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1 (C) any cost savings achieved through the 

2 use of plastic waste in the demonstration 

3 projects. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section. 

7 SEC. 306. STUDY ON OPTIONS TO ADVANCE TECHNOLOGIES 

8 FOR CONVERTING PLASTIC WASTE TO 

9 CHEMICALS, FEEDSTOCKS, AND OTHER 

10 PRODUCTS. 

11 (a) IN GENERAL.—The EPA Administrator shall 

12 seek to enter into an arrangement with the National Acad13 emies of Sciences, Engineering, and Medicine under which 

14 the National Academies will conduct a study on options 

15 to advance technologies (including pyrolysis, 

16 hydropyrolysis, methanolysis, gasification, and enzymatic 

17 breakdown) for converting plastic waste to useful prod18 ucts, such as chemicals, feedstocks, fuels, and energy. 

19 (b) INCLUSIONS.—As part of the study under sub20 section (a), the National Academies shall conduct an eval21 uation of— 

22 (1) the air emissions associated with tech23 nologies described in that subsection; and 

24 (2) an evaluation of the ability of those tech25 nologies to become cost-competitive with other opVerDate Sep 11 2014 00:00 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

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1 tions for obtaining source materials or producing en2 ergy. 

3 (c) REPORT REQUIRED.—Not later than 2 years 

4 after the date of the enactment of this Act, the EPA Ad5 ministrator shall submit to Congress a report on the study 

6 conducted under subsection (a). 

7 SEC. 307. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD 

8 SUPPLIES AND SOURCES OF DRINKING 

9 WATER. 

10 (a) IN GENERAL.—The EPA Administrator, in con11 sultation with the Under Secretary, shall seek to enter into 

12 an arrangement with the National Academies of Sciences, 

13 Engineering, and Medicine under which the National 

14 Academies will conduct a human health and environmental 

15 risk assessment on microplastics, including microfibers, in 

16 food supplies and sources of drinking water. 

17 (b) REPORT REQUIRED.—Not later than 2 years 

18 after the date of the enactment of this Act, the EPA Ad19 ministrator shall submit to Congress a report on the study 

20 conducted under subsection (a) that includes— 

21 (1) a science-based definition of ‘‘microplastics’’ 

22 that can be adopted in federally supported moni23 toring and future assessments supported or con24 ducted by a Federal agency; 


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1 (2) recommendations for standardized moni2 toring, testing, and other necessary protocols relat3 ing to microplastics; 

4 (3)(A) an assessment of whether microplastics 

5 are currently present in the food supplies and 

6 sources of drinking water of United States con7 sumers; and 

8 (B) if the assessment under subparagraph (A) 

9 is positive— 

10 (i) the extent to which microplastics are 

11 present in the food supplies and sources of 

12 drinking water; and 

13 (ii) an assessment of the type, source, 

14 prevalence, and risk of microplastics in the food 

15 supplies and sources of drinking water; 

16 (4) an assessment of the risk posed, if any, by 

17 the presence of microplastics in the food supplies 

18 and sources of drinking water of United States con19 sumers that includes— 

20 (A) an identification of the most signifi21 cant sources of those microplastics; and 

22 (B) a review of the best available science 

23 to determine any potential hazards of micro24 plastics in the food supplies and sources of 

25 drinking water of United States consumers; and 


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1 (5) a measurement of— 

2 (A) the quantity of environmental chemi3 cals that absorb to microplastics; and 

4 (B) the quantity described in subpara5 graph (A) that would be available for human 

6 exposure through food supplies or sources of 

7 drinking water. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as are nec10 essary to carry out this section. 

11 SEC. 308. REPORT ON ELIMINATING BARRIERS TO IN12 CREASE THE COLLECTION OF RECYCLABLE 

13 MATERIALS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the EPA Administrator shall submit to Con16 gress a report describing— 

17 (1) the economic, technological, resource avail18 ability, or other barriers to increasing the collection 

19 of recyclable materials; and 

20 (2) recommendations to overcome the barriers 

21 described under paragraph (1). 


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1 SEC. 309. REPORT ON ECONOMIC INCENTIVES TO SPUR DE2 VELOPMENT OF NEW END-USE MARKETS FOR 

3 RECYCLED PLASTICS. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the EPA Administrator shall submit to Con6 gress a report describing the most efficient and effective 

7 economic incentives to spur the development of additional 

8 new end-use markets for recyclable plastics, including the 

9 use of increased recycled content by manufacturers in the 

10 production of plastic goods and packaging. 

Æ 


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