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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1982 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                S. 1982

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--COMBATING MARINE DEBRIS

                  Subtitle A--Marine Debris Foundation

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

Sec. 121. Definitions.
Sec. 122. Genius prize for Save Our Seas Innovations.
Sec. 123. Agreement with the marine debris foundation.
Sec. 124. Judges.
Sec. 125. Report to Congress.
Sec. 126. Authorization of appropriations.
Sec. 127. Termination of authority.
     Subtitle C--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 D--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. Study on mass balance methodologies to certify circular 
                            polymers.
Sec. 145. Report on sources and impacts of derelict fishing gear.
      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.
Sec. 204. Enhancing international outreach and partnership of United 
                            States agencies involved in marine debris 
                            activities.
Sec. 205. Negotiation of new international agreements.
Sec. 206. Consideration of marine debris in negotiating international 
                            agreements.
 TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

Sec. 301. Strategy for improving post-consumer materials management and 
                            water management.
Sec. 302. Sense of the Senate for issues to be included in strategy for 
                            post-consumer materials management and 
                            water management.
Sec. 303. Grant programs.
Sec. 304. Study on repurposing plastic waste in infrastructure.
Sec. 305. Study on effects of microplastics in food supplies and 
                            sources of drinking water.
Sec. 306. Report on eliminating barriers to increase the collection of 
                            recyclable materials.
Sec. 307. Report on economic incentives to spur development of new end-
                            use markets for recycled plastics.
Sec. 308. Report on minimizing the creation of new plastic waste.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Circular economy.--The term ``circular economy'' means 
        an economy that uses a systems-focused approach and involves 
        industrial processes and economic activities that--
                    (A) are restorative or regenerative by design;
                    (B) enable resources used in such processes and 
                activities to maintain their highest values for as long 
                as possible; and
                    (C) aim for the elimination of waste through the 
                superior design of materials, products, and systems 
                (including business models).
            (2) EPA administrator.--The term ``EPA Administrator'' 
        means the Administrator of the Environmental Protection Agency.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304), without regard to capitalization.
            (4) Interagency marine debris coordinating committee.--The 
        term ``Interagency Marine Debris Coordinating Committee'' means 
        the Interagency Marine Debris Coordinating Committee 
        established under section 5 of the Marine Debris Act (33 U.S.C. 
        1954).
            (5) Marine debris.--The term ``marine debris'' has the 
        meaning given that term in section 7 of the Marine Debris Act 
        (33 U.S.C. 1956).
            (6) Marine debris event.--The term ``marine debris event'' 
        means an event or related events that affects or may imminently 
        affect the United States involving--
                    (A) marine debris caused by a natural event, 
                including a tsunami, flood, landslide, hurricane, or 
                other natural source;
                    (B) distinct, nonrecurring marine debris, including 
                derelict vessel groundings and container spills, that 
                have immediate or long-term impacts on habitats with 
                high ecological, economic, or human-use values; or
                    (C) marine debris caused by an intentional or 
                grossly negligent act or acts that causes substantial 
                economic or environmental harm.
            (7) Non-federal funds.--The term ``non-Federal funds'' 
        means funds provided by--
                    (A) a State;
                    (B) an Indian Tribe;
                    (C) a territory of the United States;
                    (D) one or more units of local governments or 
                Tribal organizations (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304));
                    (E) a foreign government;
                    (F) a private for-profit entity;
                    (G) a nonprofit organization; or
                    (H) a private individual.
            (8) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from tax under section 501(a) of such Code.
            (9) Post-consumer materials management.--The term ``post-
        consumer materials management'' means the systems, operation, 
        supervision, and long-term management of processes and 
        equipment used for post-use material (including packaging, 
        goods, products, and other materials), including--
                    (A) collection;
                    (B) transport;
                    (C) safe disposal of waste that cannot be 
                recovered, reused, recycled, repaired, or refurbished; 
                and
                    (D) systems and processes related to post-use 
                materials that can be recovered, reused, recycled, 
                repaired, or refurbished.
            (10) State.--The term ``State'' means--
                    (A) a State;
                    (B) an Indian Tribe;
                    (C) the District of Columbia;
                    (D) a territory or possession of the United States; 
                or
                    (E) any political subdivision of an entity 
                described in subparagraphs (A) through (D).
            (11) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.

                    TITLE I--COMBATING MARINE DEBRIS

                  Subtitle A--Marine Debris Foundation

SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

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

SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION.

    (a) Establishment and Membership.--
            (1) In general.--The Foundation shall have a governing 
        Board of Directors (in this title referred to as the 
        ``Board''), which shall consist of the Under Secretary and 12 
        additional Directors appointed in accordance with subsection 
        (b) from among individuals who are United States citizens.
            (2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board shall 
        represent diverse points of view relating to the assessment, 
        prevention, reduction, and removal of marine debris.
            (3) Not federal employees.--Appointment as a Director of 
        the Foundation shall not constitute employment by, or the 
        holding of an office of, the United States for the purpose of 
        any Federal law.
    (b) Appointment and Terms.--
            (1) Appointment.--Subject to paragraph (2), after 
        consulting with the EPA Administrator, the Director of the 
        United States Fish and Wildlife Service, the Assistant 
        Secretary of State for the Bureau of Oceans and International 
        Environmental and Scientific Affairs, and the Administrator of 
        the United States Agency for International Development, and 
        considering the recommendations submitted by the Board, the 
        Under Secretary shall appoint 12 Directors who meet the 
        criteria established by subsection (a), of whom--
                    (A) at least 4 shall be educated or experienced in 
                the assessment, prevention, reduction, or removal of 
                marine debris, which may include an individual with 
                expertise in post-consumer materials management or a 
                circular economy;
                    (B) at least 2 shall be educated or experienced in 
                the assessment, prevention, reduction, or removal of 
                marine debris outside the United States;
                    (C) at least 2 shall be educated or experienced in 
                ocean and coastal resource conservation science or 
                policy; and
                    (D) at least 2 shall be educated or experienced in 
                international trade or foreign policy.
            (2) Terms.--
                    (A) In general.--Subject to subparagraph (B), each 
                Director (other than the Under Secretary) shall be 
                appointed for a term of 6 years.
                    (B) Initial appointments to new member positions.--
                Of the Directors appointed by the Under Secretary under 
                paragraph (1), the Secretary shall appoint, not later 
                than 180 days after the date of the enactment of this 
                Act--
                            (i) 4 Directors for a term of 6 years;
                            (ii) 4 Directors for a term of 4 years; and
                            (iii) 4 Directors for a term of 2 years.
            (3) Vacancies.--
                    (A) In general.--The Under Secretary shall fill a 
                vacancy on the Board.
                    (B) Term of appointments to fill unexpired terms.--
                An individual appointed to fill a vacancy that occurs 
                before the expiration of the term of a Director shall 
                be appointed for the remainder of the term.
            (4) Reappointment.--An individual (other than an individual 
        described in paragraph (1)) shall not serve more than 2 
        consecutive terms as a Director, excluding any term of less 
        than 6 years.
            (5) Request for removal.--The executive committee of the 
        Board may submit to the Under Secretary a letter describing the 
        nonperformance of a Director and requesting the removal of the 
        Director from the Board.
            (6) Consultation before removal.--Before removing any 
        Director from the Board, the Under Secretary shall consult with 
        the Assistant Secretary of State for the Bureau of Oceans and 
        International Environmental and Scientific Affairs, the 
        Director of the United States Fish and Wildlife Service, and 
        the EPA Administrator.
    (c) Chairman.--The Chairman shall be elected by the Board from its 
members for a 2-year term.
    (d) Quorum.--A majority of the current membership of the Board 
shall constitute a quorum for the transaction of business.
    (e) Meetings.--The Board shall meet at the call of the Chairman at 
least once a year. If a Director misses 3 consecutive regularly 
scheduled meetings, that individual may be removed from the Board and 
that vacancy filled in accordance with subsection (b).
    (f) Reimbursement of Expenses.--Members of the Board shall serve 
without pay, but may be reimbursed for the actual and necessary 
traveling and subsistence expenses incurred by them in the performance 
of the duties of the Foundation.
    (g) General Powers.--
            (1) In general.--The Board may complete the organization of 
        the Foundation by--
                    (A) appointing officers and employees;
                    (B) adopting a constitution and bylaws consistent 
                with the purposes of the Foundation and the provisions 
                of this title; and
                    (C) undertaking of other such acts as may be 
                necessary to carry out the provisions of this title.
            (2) Limitations on appointment.--The following limitations 
        apply with respect to the appointment of officers and employees 
        of the Foundation:
                    (A) Officers and employees may not be appointed 
                until the Foundation has sufficient funds to pay them 
                for their service. Officers and employees of the 
                Foundation shall be appointed without regard to the 
                provisions of title 5, United States Code, governing 
                appointments in the competitive service, and may be 
                paid without regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title relating to 
                classification and General Schedule pay rates.
                    (B) The first officer or employee appointed by the 
                Board shall be the Secretary of the Board who--
                            (i) shall serve, at the direction of the 
                        Board, as its chief operating officer; and
                            (ii) shall be knowledgeable and experienced 
                        in matters relating to the assessment, 
                        prevention, reduction, and removal of marine 
                        debris.

SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

    (a) In General.--The Foundation--
            (1) shall have perpetual succession;
            (2) may conduct business throughout the several States, 
        territories, and possessions of the United States and abroad; 
        and
            (3) shall at all times maintain a designated agent 
        authorized to accept service of process for the Foundation.
    (b) Service of Process.--The serving of notice to, or service of 
process upon, the agent required under subsection (a)(3), or mailed to 
the business address of such agent, shall be deemed as service upon or 
notice to the Foundation.
    (c) Powers.--
            (1) In general.--To carry out its purposes under section 
        111, the Foundation shall have, in addition to the powers 
        otherwise given it under this title, the usual powers of a 
        corporation acting as a trustee in the District of Columbia, 
        including the power--
                    (A) to accept, receive, solicit, hold, administer, 
                and use any gift, devise, or bequest, either absolutely 
                or in trust, of real or personal property or any income 
                therefrom or other interest therein;
                    (B) to acquire by purchase or exchange any real or 
                personal property or interest therein;
                    (C) to invest any funds provided to the Foundation 
                by the Federal Government in obligations of the United 
                States or in obligations or securities that are 
                guaranteed or insured by the United States;
                    (D) to deposit any funds provided to the Foundation 
                by the Federal Government into accounts that are 
                insured by an agency or instrumentality of the United 
                States;
                    (E) to make use of any interest or investment 
                income that accrues as a consequence of actions taken 
                under subparagraph (C) or (D) to carry out the purposes 
                of the Foundation;
                    (F) to use Federal funds to make payments under 
                cooperative agreements to provide substantial long-term 
                benefits for the assessment, prevention, reduction, and 
                removal of marine debris;
                    (G) unless otherwise required by the instrument of 
                transfer, to sell, donate, lease, invest, reinvest, 
                retain or otherwise dispose of any property or income 
                therefrom;
                    (H) to borrow money and issue bonds, debentures, or 
                other debt instruments;
                    (I) to sue and be sued, and complain and defend 
                itself in any court of competent jurisdiction, except 
                that the Directors of the Foundation shall not be 
                personally liable, except for gross negligence;
                    (J) to enter into contracts or other arrangements 
                with, or provide financial assistance to, public 
                agencies and private organizations and persons and to 
                make such payments as may be necessary to carry out its 
                functions; and
                    (K) to do any and all acts necessary and proper to 
                carry out the purposes of the Foundation.
            (2) Non-federal contributions to the fund.--A gift, devise, 
        or bequest may be accepted by the Foundation without regard to 
        whether the gift, devise, or bequest is encumbered, restricted, 
        or subject to beneficial interests of private persons if any 
        current or future interest in the gift, devise, or bequest is 
        for the benefit of the Foundation.
    (d) Notice to Members of Congress.--The Foundation may not make a 
grant of Federal funds in an amount greater than $100,000 unless, by 
not later than 15 days before the grant is made, the Foundation 
provides notice of the grant to the Member of Congress for the 
congressional district in which the project to be funded with the grant 
will be carried out.
    (e) Coordination of International Efforts.--Any efforts of the 
Foundation carried out in a foreign country, and any grants provided to 
an individual or entity in a foreign country, shall be made only with 
the concurrence of the Secretary of State, in consultation, as 
appropriate, with the Administrator of the United States Agency for 
International Development.
    (f) Consultation With NOAA.--The Foundation shall consult with the 
Under Secretary during the planning of any restoration or remediation 
action using funds resulting from judgments or settlements relating to 
the damage to trust resources of the National Oceanic and Atmospheric 
Administration.

SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.

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

SEC. 115. VOLUNTEER STATUS.

    The Secretary of Commerce may accept, without regard to the civil 
service classification laws, rules, or regulations, the services of the 
Foundation, the Board, and the officers and employees of the Board, 
without compensation from the Department of Commerce, as volunteers in 
the performance of the functions authorized in this title.

SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR 
              EQUITABLE RELIEF.

    (a) Report.--The Foundation shall, as soon as practicable after the 
end of each fiscal year, transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Natural 
Resources and the Committee on Energy and Commerce of the House of 
Representatives a report--
            (1) describing the proceedings and activities of the 
        Foundation during that fiscal year, including a full and 
        complete statement of its receipts, expenditures, and 
        investments; and
            (2) including a detailed statement of the recipient, 
        amount, and purpose of each grant made by the Foundation in the 
        fiscal year.
    (b) Relief With Respect to Certain Foundation Acts or Failure To 
Act.--If the Foundation--
            (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its purposes set 
        forth in section 111(b), or
            (2) refuses, fails, or neglects to discharge its 
        obligations under this title, or threatens to do so,
the Attorney General may petition in the United States District Court 
for the District of Columbia for such equitable relief as may be 
necessary or appropriate.

SEC. 117. UNITED STATES RELEASE FROM LIABILITY.

    The United States shall not be liable for any debts, defaults, 
acts, or omissions of the Foundation nor shall the full faith and 
credit of the United States extend to any obligation of the Foundation.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--The Secretary of Commerce shall carry out 
        this title using existing amounts that are appropriated or 
        otherwise made available to the Department of Commerce.
            (2) Use of appropriated funds.--Subject to paragraph (3), 
        amounts made available under paragraph (1) shall be provided to 
        the Foundation to match contributions (whether in currency, 
        services, or property) made to the Foundation, or to a 
        recipient of a grant provided by the Foundation, by private 
        persons and State and local government agencies.
            (3) Prohibition on use for administrative expenses.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no Federal funds made available under paragraph 
                (1) may be used by the Foundation for administrative 
                expenses of the Foundation, including for salaries, 
                travel and transportation expenses, and other overhead 
                expenses.
                    (B) Exception.--The Secretary may allow the use of 
                Federal funds made available under paragraph (1) to pay 
                for salaries during the 18-month period beginning on 
                the date of the enactment of this Act.
    (b) Additional Authorization.--
            (1) In general.--In addition to the amounts made available 
        under subsection (a), the Foundation may accept Federal funds 
        from a Federal agency under any other Federal law for use by 
        the Foundation to further the assessment, prevention, 
        reduction, and removal of marine debris in accordance with the 
        requirements of this title.
            (2) Use of funds accepted from federal agencies.--Federal 
        funds provided to the Foundation under paragraph (1) shall be 
        used by the Foundation for matching, in whole or in part, 
        contributions (whether in currency, services, or property) made 
        to the Foundation by private persons and State and local 
        government agencies.
    (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying 
Expenses.--Amounts provided as a grant by the Foundation shall not be 
used for--
            (1) any expense related to litigation consistent with 
        Federal-wide cost principles; or
            (2) any activity the purpose of which is to influence 
        legislation pending before Congress consistent with Federal-
        wide cost principles.

SEC. 119. TERMINATION OF AUTHORITY.

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

         Subtitle B--Genius Prize for Save Our Seas Innovations

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Prize competition.--The term ``prize competition'' 
        means the competition for the award of the Genius Prize for 
        Save Our Seas Innovations established under section 122.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS.

    (a) In General.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall establish under 
        section 24 of the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3719) a prize competition--
                    (A) to encourage technological innovation with the 
                potential to reduce plastic waste, and associated and 
                potential pollution, and thereby prevent marine debris; 
                and
                    (B) to award 1 or more prizes biennially for 
                projects that advance human understanding and 
                innovation in removing and preventing plastic waste, in 
                one of the categories described in paragraph (2).
            (2) Categories for projects.--The categories for projects 
        are:
                    (A) Advancements in materials used in packaging and 
                other products that, if such products enter the coastal 
                or ocean environment, will fully degrade without 
                harming the environment, wildlife, or human health.
                    (B) Innovations in production and packaging design 
                that reduce the use of raw materials, increase recycled 
                content, encourage reusability and recyclability, and 
                promote a circular economy.
                    (C) Improvements in marine debris detection, 
                monitoring, and cleanup technologies and processes.
                    (D) Improvements or improved strategies to increase 
                solid waste collection, processing, sorting, recycling, 
                or reuse.
                    (E) New designs or strategies to reduce overall 
                packaging needs and promote reuse.
    (b) Designation.--The prize competition established under 
subsection (a) shall be known as the ``Genius Prize for Save Our Seas 
Innovations''.
    (c) Prioritization.--In selecting awards for the prize competition, 
priority shall be given to projects that--
            (1) have a strategy, submitted with the application or 
        proposal, to move the new technology, process, design, 
        material, or other product supported by the prize to market-
        scale deployment;
            (2) support the concept of a circular economy; and
            (3) promote development of materials that--
                    (A) can fully degrade in the ocean without harming 
                the environment, wildlife, or human health; and
                    (B) are to be used in fishing gear or other 
                maritime products that have an increased likelihood of 
                entering the coastal or ocean environment as 
                unintentional waste.

SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.

    (a) In General.--The Secretary shall offer to enter into an 
agreement, which may include a grant or cooperative agreement, under 
which the Marine Debris Foundation established under title I shall 
administer the prize competition.
    (b) Requirements.--An agreement entered into under subsection (a) 
shall comply with the following requirements:
            (1) Duties.--The Marine Debris Foundation shall--
                    (A) advertise the prize competition;
                    (B) solicit prize competition participants;
                    (C) administer funds relating to the prize 
                competition;
                    (D) receive Federal and non-Federal funds--
                            (i) to administer the prize competition; 
                        and
                            (ii) to award a cash prize;
                    (E) carry out activities to generate contributions 
                of non-Federal funds to offset, in whole or in part--
                            (i) the administrative costs of the prize 
                        competition; and
                            (ii) the costs of a cash prize;
                    (F) in the design and award of the prize, consult, 
                as appropriate with experts from--
                            (i) Federal agencies with jurisdiction over 
                        the prevention of marine debris or the 
                        promotion of innovative materials;
                            (ii) State agencies with jurisdiction over 
                        the prevention of marine debris or the 
                        promotion of innovative materials;
                            (iii) State, regional, or local 
                        conservation or post-consumer materials 
                        management organizations, the mission of which 
                        relates to the prevention of marine debris or 
                        the promotion of innovative materials;
                            (iv) conservation groups, technology 
                        companies, research institutions, scientists 
                        (including those with expertise in marine 
                        environments) institutions of higher education, 
                        industry, or individual stakeholders with an 
                        interest in the prevention of marine debris or 
                        the promotion of innovative materials;
                            (v) experts in the area of standards 
                        development regarding the degradation, 
                        breakdown, or recycling of polymers; and
                            (vi) other relevant experts of the Board's 
                        choosing;
                    (G) in consultation with, and subject to final 
                approval by, the Secretary, develop criteria for the 
                selection of prize competition winners;
                    (H) provide advice and consultation to the 
                Secretary on the selection of judges under section 124 
                based on criteria developed in consultation with, and 
                subject to the final approval of, the Secretary;
                    (I) announce 1 or more annual winners of the prize 
                competition;
                    (J) subject to paragraph (2), award 1 or more cash 
                prizes biennially of not less than $100,000; and
                    (K) protect against unauthorized use or disclosure 
                by the Marine Debris Foundation of any trade secret or 
                confidential business information of a prize 
                competition participant.
            (2) Additional cash prizes.--The Marine Debris Foundation 
        may award more than 1 cash prize in a year--
                    (A) if the initial cash prize referred to in 
                paragraph (1)(I) and any additional cash prizes are 
                awarded using only non-Federal funds; and
                    (B) consisting of an amount determined by the Under 
                Secretary after the Secretary is notified by the Marine 
                Debris Foundation that non-Federal funds are available 
                for an additional cash prize.
            (3) Solicitation of funds.--The Marine Debris Foundation--
                    (A) may request and accept Federal funds and non-
                Federal funds for a cash prize or administration of the 
                prize competition;
                    (B) may accept a contribution for a cash prize in 
                exchange for the right to name the prize; and
                    (C) shall not give special consideration to any 
                Federal agency or non-Federal entity in exchange for a 
                donation for a cash prize awarded under this section.

SEC. 124. JUDGES.

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

SEC. 125. REPORT TO CONGRESS.

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

SEC. 126. AUTHORIZATION OF APPROPRIATIONS.

    The Secretary of Commerce shall carry out this title using existing 
amounts that are appropriated or otherwise made available to the 
Department of Commerce.

SEC. 127. TERMINATION OF AUTHORITY.

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

     Subtitle C--Other Measures Relating to Combating Marine Debris

SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND 
              ENTREPRENEURSHIP PROGRAMS.

    The Secretary of Commerce, the Secretary of Energy, the EPA 
Administrator, and the heads of other relevant Federal agencies, shall 
prioritize efforts to combat marine debris in innovation and 
entrepreneurship programs established before the date of the enactment 
of this Act, including by using such programs to increase innovation in 
and the effectiveness of post-consumer materials management, 
monitoring, detection, and data-sharing related to the prevalence and 
location of marine debris, demand for recycled content, alternative 
uses for plastic waste, product design, reduction of disposable plastic 
consumer products and packaging, ocean biodegradable materials 
development, waste prevention, and cleanup.

SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING.

    Not later than 1 year after the date of the enactment of this Act, 
the Under Secretary and the EPA Administrator shall jointly conduct a 
study to determine the feasibility of developing a nationwide derelict 
vessel recycling program--
            (1) using as a model the fiberglass boat recycling program 
        from the pilot project in Rhode Island led by Rhode Island Sea 
        Grant and its partners; and
            (2) including, if possible, recycling of vessels made from 
        materials other than fiberglass.

SEC. 133. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC 
              FOUND AT SEA.

    (a) In General.--The Under Secretary shall establish a pilot 
program to assess the feasibility and advisability of providing 
incentives, such as grants, to fishermen based in the United States who 
incidentally capture marine debris while at sea--
            (1) to track or keep the debris on board; and
            (2) to dispose of the debris properly on land.
    (b) Support for Collection and Removal of Derelict Gear.--The Under 
Secretary shall encourage United States efforts, such as the Fishing 
for Energy net disposal program, that support--
            (1) collection and removal of derelict fishing gear and 
        other fishing waste;
            (2) disposal or recycling of such gear and waste; and
            (3) prevention of the loss of such gear.

SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM.

    (a) Authorization of Appropriations.--Section 9(a) of the Marine 
Debris Act (33 U.S.C. 1958(a)) is amended by--
            (1) striking ``$10,000,000'' and inserting ``$15,000,000''; 
        and
            (2) striking ``5 percent'' and inserting ``7 percent''.
    (b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33 
U.S.C. 1951) is amended by striking ``marine environment,'' and 
inserting ``marine environment (including waters in the jurisdiction of 
the United States, the high seas, and waters in the jurisdiction of 
other countries),''.
    (c) Technical Corrections.--Section 3(d)(2) of the Marine Debris 
Act (33 U.S.C. 1952(d)(2)) is amended--
            (1) in subparagraph (B), by striking ``the matching 
        requirement under subparagraph (A)'' and inserting ``a matching 
        requirement under subparagraph (A) or (C)''; and
            (2) in subparagraph (C), in the matter preceding clause 
        (i), by striking ``Notwithstanding subparagraph (A)'' and 
        inserting ``Notwithstanding subparagraph (A) and except as 
        provided in subparagraph (B)''.

SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND.

    (a) Special-use Authorization.--The Secretary of Agriculture 
(referred to in this section as the ``Secretary'') shall not require a 
volunteer organization to obtain a special-use authorization for the 
removal of any marine debris being stored on National Forest System 
land.
    (b) Temporary Storage.--Marine debris may be stored on National 
Forest System land in a location determined by the Secretary for a 
period of not more than to 90 days, which may be extended in 90-day 
increments with approval by the relevant U.S. Forest Service District 
Ranger.
    (c) Requirements.--Except as otherwise provided in this section, 
any activities related to the removal of marine debris from National 
Forest System land shall be conducted in a manner consistent with 
applicable law and regulations and subject to such reasonable terms and 
conditions as the Secretary may require.

                    Subtitle D--Studies and Reports

SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE.

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

SEC. 142. REPORT ON MICROFIBER POLLUTION.

    Not later than 2 years after the date of the enactment of this Act, 
the Interagency Marine Debris Coordinating Committee shall submit to 
Congress a report on microfiber pollution that includes--
            (1) a definition for ``microfiber'';
            (2) an assessment of the sources, prevalence, and causes of 
        microfiber pollution;
            (3) a recommendation for a standardized methodology to 
        measure and estimate the prevalence of microfiber pollution;
            (4) recommendations for reducing microfiber pollution; and
            (5) a plan for how Federal agencies, in partnership with 
        other stakeholders, can lead on opportunities to reduce 
        microfiber pollution during the 5-year period beginning on such 
        date of enactment.

SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA.

    (a) In General.--The Under Secretary, in consultation with the EPA 
Administrator and the Secretary of the Interior, shall seek to enter 
into an arrangement with the National Academies of Sciences, 
Engineering, and Medicine under which the National Academies will 
undertake a multifaceted study that includes the following:
            (1) An evaluation of United States contributions to global 
        ocean plastic waste, including types, sources, and geographic 
        variations.
            (2) An assessment of the prevalence of marine debris and 
        mismanaged plastic waste in saltwater and freshwater United 
        States navigable waterways and tributaries.
            (3) An examination of the import and export of plastic 
        waste to and from the United States, including the destinations 
        of the exported plastic waste and the waste management 
        infrastructure and environmental conditions of these locations.
            (4) Potential means to reduce United States contributions 
        to global ocean plastic waste.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Under Secretary shall submit to Congress a 
report on the study conducted under subsection (a) that includes--
            (1) the findings of the National Academies;
            (2) recommendations on knowledge gaps that warrant further 
        scientific inquiry; and
            (3) recommendations on the potential value of a national 
        marine debris tracking and monitoring system and how such a 
        system might be designed and implemented.

SEC. 144. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR 
              POLYMERS.

    (a) In General.--The National Institute of Standards and Technology 
shall conduct a study of available mass balance methodologies that are 
or could be readily standardized to certify circular polymers.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Institute shall submit to Congress a report on the study 
conducted under subsection (a) that includes--
            (1) an identification and assessment of existing mass 
        balance methodologies, standards, and certification systems 
        that are or may be applicable to supply chain sustainability of 
        polymers, considering the full life cycle of the polymer, and 
        including an examination of--
                    (A) the International Sustainability and Carbon 
                Certification; and
                    (B) the Roundtable on Sustainable Biomaterials; and
            (2) an assessment of any legal or regulatory barriers to 
        developing a standard and certification system for circular 
        polymers.
    (c) Definitions.--In this section:
            (1) Circular polymers.--The term ``circular polymers'' 
        means polymers that can be reused multiple times or converted 
        into a new, higher-quality product.
            (2) Mass balance methodology.--The term ``mass balance 
        methodology'' means the method of chain of custody accounting 
        designed to track the exact total amount of certain content in 
        products or materials through the production system and to 
        ensure an appropriate allocation of this content in the 
        finished goods based on auditable bookkeeping.

SEC. 145. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR.

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

      TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT 
              MARINE DEBRIS.

    It is the policy of the United States to partner, consult, and 
coordinate with foreign governments (at the national and subnational 
levels), civil society, international organizations, international 
financial institutions, subnational coastal communities, commercial and 
recreational fishing industry leaders, and the private sector, in a 
concerted effort--
            (1) to increase knowledge and raise awareness about--
                    (A) the linkages between the sources of plastic 
                waste, mismanaged waste and post-consumer materials, 
                and marine debris; and
                    (B) the upstream and downstream causes and effects 
                of plastic waste, mismanaged waste and post-consumer 
                materials, and marine debris on marine environments, 
                marine wildlife, human health, and economic 
                development;
            (2) to support--
                    (A) strengthening systems for reducing the 
                generation of plastic waste and recovering, managing, 
                reusing, and recycling plastic waste, marine debris, 
                and microfiber pollution in the world's oceans, 
                emphasizing upstream post-consumer materials management 
                solutions--
                            (i) to decrease plastic waste at its 
                        source; and
                            (ii) to prevent leakage of plastic waste 
                        into the environment;
                    (B) advancing the utilization and availability of 
                safe and affordable reusable alternatives to disposable 
                plastic products in commerce, to the extent 
                practicable, and with consideration for the potential 
                impacts of such alternatives, and other efforts to 
                prevent marine debris;
                    (C) deployment of and access to advanced 
                technologies to capture value from post-consumer 
                materials and municipal solid waste streams through 
                mechanical and other recycling systems;
                    (D) access to information on best practices in 
                post-consumer materials management, options for post-
                consumer materials management systems financing, and 
                options for participating in public-private 
                partnerships; and
                    (E) implementation of management measures to reduce 
                derelict fishing gear, the loss of fishing gear, and 
                other sources of pollution generated from marine 
                activities and to increase proper disposal and 
                recycling of fishing gear; and
            (3) to work cooperatively with international partners--
                    (A) on establishing--
                            (i) measurable targets for reducing marine 
                        debris, lost fishing gear, and plastic waste 
                        from all sources; and
                            (ii) action plans to achieve those targets 
                        with a mechanism to provide regular reporting;
                    (B) to promote consumer education, awareness, and 
                outreach to prevent marine debris;
                    (C) to reduce marine debris by improving advance 
                planning for marine debris events and responses to such 
                events; and
                    (D) to share best practices in post-consumer 
                materials management systems to prevent the entry of 
                plastic waste into the environment.

SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE 
              DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT.

    (a) In General.--The Secretary of State shall, in coordination with 
the Administrator of the United States Agency for International 
Development, as appropriate, and the officials specified in subsection 
(b)--
            (1) lead and coordinate efforts to implement the policy 
        described in section 201; and
            (2) develop strategies and implement programs that 
        prioritize engagement and cooperation with foreign governments, 
        subnational and local stakeholders, and the private sector to 
        expedite efforts and assistance in foreign countries--
                    (A) to partner with, encourage, advise and 
                facilitate national and subnational governments on the 
                development and execution, where practicable, of 
                national projects, programs and initiatives to--
                            (i) improve the capacity, security, and 
                        standards of operations of post-consumer 
                        materials management systems;
                            (ii) monitor and track how well post-
                        consumer materials management systems are 
                        functioning nationwide, based on uniform and 
                        transparent standards developed in cooperation 
                        with municipal, industrial, and civil society 
                        stakeholders;
                            (iii) identify the operational challenges 
                        of post-consumer materials management systems 
                        and develop policy and programmatic solutions;
                            (iv) end intentional or unintentional 
                        incentives for municipalities, industries, and 
                        individuals to improperly dispose of plastic 
                        waste; and
                            (v) conduct outreach campaigns to raise 
                        public awareness of the importance of proper 
                        waste disposal and the reduction of plastic 
                        waste;
                    (B) to facilitate the involvement of municipalities 
                and industries in improving solid waste reduction, 
                collection, disposal, and reuse and recycling projects, 
                programs, and initiatives;
                    (C) to partner with and provide technical 
                assistance to investors, and national and local 
                institutions, including private sector actors, to 
                develop new business opportunities and solutions to 
                specifically reduce plastic waste and expand solid 
                waste and post-consumer materials management best 
                practices in foreign countries by--
                            (i) maximizing the number of people and 
                        businesses, in both rural and urban 
                        communities, receiving reliable solid waste and 
                        post-consumer materials management services;
                            (ii) improving and expanding the capacity 
                        of foreign industries to responsibly employ 
                        post-consumer materials management practices;
                            (iii) improving and expanding the capacity 
                        and transparency of tracking mechanisms for 
                        marine debris to reduce the impacts on the 
                        marine environment;
                            (iv) eliminating incentives that undermine 
                        responsible post-consumer materials management 
                        practices and lead to improper waste disposal 
                        practices and leakage;
                            (v) building the capacity of countries--
                                    (I) to reduce, monitor, regulate, 
                                and manage waste, post-consumer 
                                materials and plastic waste, and 
                                pollution appropriately and 
                                transparently, including imports of 
                                plastic waste from the United States 
                                and other countries;
                                    (II) to encourage private 
                                investment in post-consumer materials 
                                management and reduction; and
                                    (III) to encourage private 
                                investment, grow opportunities, and 
                                develop markets for recyclable, 
                                reusable, and repurposed plastic waste 
                                and post-consumer materials, and 
                                products with high levels of recycled 
                                plastic content, at both national and 
                                local levels; and
                            (vi) promoting safe and affordable reusable 
                        alternatives to disposable plastic products, to 
                        the extent practicable; and
                    (D) to research, identify, and facilitate 
                opportunities to promote collection and proper disposal 
                of damaged or derelict fishing gear.
    (b) Officials Specified.--The officials specified in this 
subsection are the following:
            (1) The United States Trade Representative.
            (2) The Under Secretary.
            (3) The EPA Administrator.
            (4) The Director of the Trade and Development Agency.
            (5) The President and the Board of Directors of the 
        Overseas Private Investment Corporation or the Chief Executive 
        Officer and the Board of Directors of the United States 
        International Development Finance Corporation, as appropriate.
            (6) The Chief Executive Officer and the Board of Directors 
        of the Millennium Challenge Corporation.
            (7) The heads of such other agencies as the Secretary of 
        State considers appropriate.
    (c) Prioritization.--In carrying out subsection (a), the officials 
specified in subsection (b) shall prioritize assistance to countries 
with, and regional organizations in regions with--
            (1) rapidly developing economies; and
            (2) rivers and coastal areas that are the most severe 
        sources of marine debris, as identified by the best available 
        science.
    (d) Effectiveness Measurement.--In prioritizing and expediting 
efforts and assistance under this section, the officials specified in 
subsection (b) shall use clear, accountable, and metric-based targets 
to measure the effectiveness of guarantees and assistance in achieving 
the policy described in section 201.
    (e) Rule of Construction.--Nothing in this section may be construed 
to authorize the modification of or the imposition of limits on the 
portfolios of any agency or institution led by an official specified in 
subsection (b).

SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA.

    In implementing the policy described in section 201, the President 
shall direct the United States representatives to appropriate 
international bodies and conferences (including the United Nations 
Environment Programme, the Association of Southeast Asian Nations, the 
Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the 
Organization for Economic Co-Operation and Development (OECD), and the 
Our Ocean Conference) to use the voice, vote, and influence of the 
United States, consistent with the broad foreign policy goals of the 
United States, to advocate that each such body--
            (1) commit to significantly increasing efforts to promote 
        investment in well-designed post-consumer materials management 
        and plastic waste elimination and mitigation projects and 
        services that increase access to safe post-consumer materials 
        management and mitigation services, in partnership with the 
        private sector and consistent with the constraints of other 
        countries;
            (2) address the post-consumer materials management needs of 
        individuals and communities where access to municipal post-
        consumer materials management services is historically 
        impractical or cost-prohibitive;
            (3) enhance coordination with the private sector--
                    (A) to increase access to solid waste and post-
                consumer materials management services;
                    (B) to utilize safe and affordable reusable 
                alternatives to disposable plastic products, to the 
                extent practicable;
                    (C) to encourage and incentivize the use of 
                recycled content; and
                    (D) to grow economic opportunities and develop 
                markets for recyclable, reusable, and repurposed 
                plastic waste materials and other efforts that support 
                the circular economy;
            (4) provide technical assistance to foreign regulatory 
        authorities and governments to remove unnecessary barriers to 
        investment in otherwise commercially-viable projects related 
        to--
                    (A) post-consumer materials management;
                    (B) the use of safe and affordable reusable 
                alternatives to disposable plastic products; or
                    (C) beneficial reuse of solid waste, plastic waste, 
                post-consumer materials, plastic products, and refuse;
            (5) use clear, accountable, and metric-based targets to 
        measure the effectiveness of such projects; and
            (6) engage international partners in an existing 
        multilateral forum (or, if necessary, establish through an 
        international agreement a new multilateral forum) to improve 
        global cooperation on--
                    (A) creating tangible metrics for evaluating 
                efforts to reduce plastic waste and marine debris;
                    (B) developing and implementing best practices at 
                the national and subnational levels of foreign 
                countries, particularly countries with little to no 
                solid waste or post-consumer materials management 
                systems, facilities, or policies in place for--
                            (i) collecting, disposing, recycling, and 
                        reusing plastic waste and post-consumer 
                        materials, including building capacity for 
                        improving post-consumer materials management; 
                        and
                            (ii) integrating alternatives to disposable 
                        plastic products, to the extent practicable;
                    (C) encouraging the development of standards and 
                practices, and increasing recycled content percentage 
                requirements for disposable plastic products;
                    (D) integrating tracking and monitoring systems 
                into post-consumer materials management systems;
                    (E) fostering research to improve scientific 
                understanding of--
                            (i) how microfibers and microplastics may 
                        affect marine ecosystems, human health and 
                        safety, and maritime activities;
                            (ii) changes in the amount and regional 
                        concentrations of plastic waste in the ocean, 
                        based on scientific modeling and forecasting;
                            (iii) the role rivers, streams, and other 
                        inland waterways play in serving as conduits 
                        for mismanaged waste traveling from land to the 
                        ocean;
                            (iv) effective means to eliminate present 
                        and future leakages of plastic waste into the 
                        environment; and
                            (v) other related areas of research the 
                        United States representatives deem necessary;
                    (F) encouraging the World Bank and other 
                international finance organizations to prioritize 
                efforts to reduce plastic waste and combat marine 
                debris;
                    (G) collaborating on technological advances in 
                post-consumer materials management and recycled 
                plastics;
                    (H) growing economic opportunities and developing 
                markets for recyclable, reusable, and repurposed 
                plastic waste and post-consumer materials and other 
                efforts that support the circular economy; and
                    (I) advising foreign countries, at both the 
                national and subnational levels, on the development and 
                execution of regulatory policies, services, including 
                recycling and reuse of plastic, and laws pertaining to 
                reducing the creation and the collection and safe 
                management of--
                            (i) solid waste;
                            (ii) post-consumer materials;
                            (iii) plastic waste; and
                            (iv) marine debris.

SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED 
              STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES.

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

SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of State shall submit to Congress a report--
            (1) assessing the potential for negotiating new 
        international agreements or creating a new international forum 
        to reduce land-based sources of marine debris and derelict 
        fishing gear, consistent with section 203;
            (2) describing the provisions that could be included in 
        such agreements; and
            (3) assessing potential parties to such agreements.

SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING INTERNATIONAL 
              AGREEMENTS.

    In negotiating any relevant international agreement with any 
country or countries after the date of the enactment of this Act, the 
President shall, as appropriate--
            (1) consider the impact of land-based sources of plastic 
        waste and other solid waste from that country on the marine and 
        aquatic environment; and
            (2) ensure that the agreement strengthens efforts to 
        eliminate land-based sources of plastic waste and other solid 
        waste from that country that impact the marine and aquatic 
        environment.

 TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT AND 
              WATER MANAGEMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the EPA Administrator shall, in consultation with 
stakeholders, develop a strategy to improve post-consumer materials 
management and infrastructure for the purpose of reducing plastic waste 
and other post-consumer materials in waterways and oceans.
    (b) Release.--On development of the strategy under subsection (a), 
the EPA Administrator shall--
            (1) distribute the strategy to States; and
            (2) make the strategy publicly available for use by--
                    (A) for-profit private entities involved in post-
                consumer materials management; and
                    (B) other nongovernmental entities.

SEC. 302. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN STRATEGY FOR 
              POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT.

    It is the sense of the Senate that the strategy under section 301 
should address, for the purpose of reducing plastic waste and other 
post-consumer materials in waterways and oceans--
            (1) the harmonization of post-consumer materials management 
        protocols, including--
                    (A) an evaluation of waste streams to determine 
                which waste streams are most likely to become marine 
                debris; and
                    (B) a determination of how to reduce the generation 
                of products that contribute to those waste streams;
            (2) best practices for the collection of post-consumer 
        recyclables;
            (3) improved quality and sorting of post-consumer 
        recyclable materials through opportunities such as--
                    (A) education and awareness programs;
                    (B) improved infrastructure, including new 
                equipment and innovative technologies for processing of 
                recyclable materials;
                    (C) enhanced markets for recycled material; and
                    (D) standardized measurements;
            (4) increasing capacity, where practicable, for more types 
        of plastic (including plastic films) and other materials to be 
        reduced, collected, processed, and recycled or repurposed into 
        usable materials or products;
            (5) the development of new strategies and programs that 
        prioritize engagement and cooperation with States and the 
        private sector to expedite efforts and assistance for States to 
        partner with, encourage, advise, and facilitate the development 
        and execution, where practicable, of projects, programs, and 
        initiatives--
                    (A) to improve operations for post-consumer 
                materials management and reduce the generation of 
                plastic waste;
                    (B) to monitor how well post-consumer materials 
                management entities are functioning;
                    (C)(i) to identify the operational challenges of 
                post-consumer materials management; and
                    (ii) to develop policy and programmatic solutions 
                to those challenges; and
                    (D) to end intentional and unintentional incentives 
                to improperly dispose of post-consumer materials;
            (6) strengthening markets for products with high levels of 
        recycled plastic content; and
            (7) the consideration of complementary activities, such 
        as--
                    (A) reducing waste upstream and at the source of 
                the waste, including anti-litter initiatives;
                    (B) developing effective post-consumer materials 
                management provisions in stormwater management plans;
                    (C) capturing post-consumer materials at stormwater 
                inlets, at stormwater outfalls, or in bodies of water;
                    (D) providing education and outreach relating to 
                post-consumer materials movement and reduction;
                    (E) monitoring or modeling post-consumer material 
                flows and the reduction of post-consumer materials 
                resulting from the implementation of best management 
                practices; and
                    (F) incentives for manufacturers to design 
                packaging and consumer goods that can more easily be 
                reused, recycled, repurposed, or otherwise removed from 
                the waste stream after their initial use.

SEC. 303. GRANT PROGRAMS.

    (a) Post-Consumer Materials Management Infrastructure Grant 
Program.--
            (1) In general.--The EPA Administrator may provide grants 
        to States, as defined in section 2, to implement the strategy 
        developed under section 301(a) and--
                    (A) to support improvements to local post-consumer 
                materials management, including municipal recycling 
                programs;
                    (B) to assist local waste management authorities in 
                making improvements to local waste management systems;
                    (C) to deploy waste interceptor technologies, such 
                as ``trash wheels'' and litter traps, to manage the 
                collection and cleanup of aggregated waste from 
                waterways; and
                    (D) for such other purposes as the EPA 
                Administrator determines to be appropriate.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), the applicant State shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
            (3) Contents of applications.--In developing application 
        requirements, the EPA Administrator shall consider requesting 
        that a State applicant provide--
                    (A) a description of--
                            (i) the project or projects to be carried 
                        out by entities receiving the grant; and
                            (ii) how the project or projects would 
                        result in the generation of less plastic waste;
                    (B) a description of how the funds will support 
                disadvantaged communities; and
                    (C) an explanation of any limitations, such as flow 
                control measures, that restrict access to reusable or 
                recyclable materials.
            (4) Report to congress.--Not later than January 1, 2023, 
        the EPA Administrator shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) a description of the activities carried out 
                under this subsection;
                    (B) estimates as to how much plastic waste was 
                prevented from entering the oceans and other waterways 
                as a result of activities funded by the grant; and
                    (C) a recommendation on the utility of evolving the 
                grant program into a new waste management State 
                revolving fund.
    (b) Drinking Water Infrastructure Grants.--
            (1) In general.--The EPA Administrator may provide 
        competitive grants to units of local government, including 
        units of local government that own treatment works (as defined 
        in section 212 of the Federal Water Pollution Control Act (33 
        U.S.C. 1292)), Indian Tribes, and public water systems (as 
        defined in section 1401 of the Safe Drinking Water Act (42 
        U.S.C. 300f)), as applicable, to support improvements in 
        reducing and removing plastic waste and post-consumer 
        materials, including microplastics and microfibers, from 
        drinking water, including planning, design, construction, 
        technical assistance, and planning support for operational 
        adjustments.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (c) Wastewater Infrastructure Grants.--
            (1) In general.--The EPA Administrator may provide grants 
        to units of local government, including units of local 
        government that own treatment works (as defined in section 212 
        of the Federal Water Pollution Control Act (33 U.S.C. 1292)), 
        Indian Tribes, and public water systems (as defined in section 
        1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as 
        applicable, to support improvements in reducing and removing 
        plastic waste and post-consumer materials, including 
        microplastics and microfibers, from wastewater.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (d) Trash-free Waters Grants.--
            (1) In general.--The EPA Administrator may provide grants 
        to units of local government, Indian Tribes, and nonprofit 
        organizations--
                    (A) to support projects to reduce the quantity of 
                solid waste in bodies of water by reducing the quantity 
                of waste at the source, including through anti-litter 
                initiatives;
                    (B) to enforce local post-consumer materials 
                management ordinances;
                    (C) to implement State or local policies relating 
                to solid waste;
                    (D) to capture post-consumer materials at 
                stormwater inlets, at stormwater outfalls, or in bodies 
                of water;
                    (E) to provide education and outreach about post-
                consumer materials movement and reduction; and
                    (F) to monitor or model flows of post-consumer 
                materials, including monitoring or modeling a reduction 
                in trash as a result of the implementation of best 
                management practices for the reduction of plastic waste 
                and other post-consumer materials in sources of 
                drinking water.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (e) Applicability of Federal Law.--
            (1) In general.--The EPA Administrator shall ensure that 
        all laborers and mechanics employed on projects funded 
        directly, or assisted in whole or in part, by a grant 
        established by this section shall be paid wages at rates not 
        less than those prevailing on projects of a character similar 
        in the locality as determined by the Secretary of Labor in 
        accordance with subchapter IV of chapter 31 of part A of 
        subtitle II of title 40, United States Code.
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (f) Limitation on Use of Funds.--A grant under this section may not 
be used (directly or indirectly) as a source of payment (in whole or in 
part) of, or security for, an obligation the interest on which is 
excluded from gross income under section 103 of the Internal Revenue 
Code of 1986.
    (g) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated--
                    (A) for the program described subsection (a), 
                $55,000,000 for each of fiscal years 2021 through 2025; 
                and
                    (B) for each of the programs described subsections 
                (b), (c), and (d), $10,000,000 for each of fiscal years 
                2021 through 2025.
            (2) No impact on other federal funds.--
                    (A) In general.--No funds shall be made available 
                under paragraph (1) to carry out subsections (b) and 
                (c) in a fiscal year if the total amount made available 
                to carry out the programs described in subparagraph (B) 
                for that fiscal year is less than the total amount made 
                available to carry out the programs described in 
                subparagraph (B) for fiscal year 2019.
                    (B) Programs described.--The programs referred to 
                in subparagraph (A) are--
                            (i) State drinking water treatment 
                        revolving loan funds established under section 
                        1452 of the Safe Drinking Water Act (42 U.S.C. 
                        300j-12);
                            (ii) programs for assistance for small and 
                        disadvantaged communities under subsections (a) 
                        through (j) of section 1459A of the Safe 
                        Drinking Water Act (42 U.S.C. 300j-19a); and
                            (iii) State water pollution control 
                        revolving funds established under title VI of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1381 et seq.).

SEC. 304. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE.

    (a) In General.--The Secretary of Transportation (referred to in 
this section as the ``Secretary'') and the EPA Administrator shall 
jointly enter into an arrangement with the National Academies of 
Sciences, Engineering, and Medicine under which the National Academies 
will--
            (1) conduct a study on the uses of plastic waste in 
        infrastructure; and
            (2) as part of the study under paragraph (1)--
                    (A) identify domestic and international examples 
                of--
                            (i) the use of plastic waste materials 
                        described in that paragraph;
                            (ii) infrastructure projects in which the 
                        use of plastic waste has been applied; and
                            (iii) projects in which the use of plastic 
                        waste has been incorporated into or with other 
                        infrastructure materials;
                    (B) assess--
                            (i) the effectiveness and utility of the 
                        uses of plastic waste described in that 
                        paragraph;
                            (ii) the extent to which plastic waste 
                        materials are consistent with recognized 
                        specifications for infrastructure construction 
                        and other recognized standards;
                            (iii) relevant impacts of plastic waste 
                        materials compared to non-waste plastic 
                        materials;
                            (iv) the health, safety, and environmental 
                        impacts of--
                                    (I) plastic waste on humans and 
                                animals; and
                                    (II) the increased use of plastic 
                                waste for infrastructure;
                            (v) the ability of plastic waste 
                        infrastructure to withstand natural disasters, 
                        extreme weather events, and other hazards; and
                            (vi) plastic waste in infrastructure 
                        through an economic analysis; and
                    (C) make recommendations with respect to what 
                standards or matters may need to be addressed with 
                respect to ensuring human and animal health and safety 
                from the use of plastic waste in infrastructure.
    (b) Report Required.--Not later than 2 years after the date of 
enactment of this Act and subject to the availability of 
appropriations, the Secretary and the EPA Administrator shall submit to 
Congress a report on the study conducted under subsection (a).

SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND 
              SOURCES OF DRINKING WATER.

    (a) In General.--The EPA Administrator, in consultation with the 
Under Secretary, shall seek to enter into an arrangement with the 
National Academies of Sciences, Engineering, and Medicine under which 
the National Academies will conduct a human health and environmental 
risk assessment on microplastics, including microfibers, in food 
supplies and sources of drinking water.
    (b) Report Required.--Not later than 2 years after the date of 
enactment of this Act, the EPA Administrator shall submit to Congress a 
report on the study conducted under subsection (a) that includes--
            (1) a science-based definition of ``microplastics'' that 
        can be adopted in federally supported monitoring and future 
        assessments supported or conducted by a Federal agency;
            (2) recommendations for standardized monitoring, testing, 
        and other necessary protocols relating to microplastics;
            (3)(A) an assessment of whether microplastics are currently 
        present in the food supplies and sources of drinking water of 
        United States consumers; and
            (B) if the assessment under subparagraph (A) is positive--
                    (i) the extent to which microplastics are present 
                in the food supplies and sources of drinking water; and
                    (ii) an assessment of the type, source, prevalence, 
                and risk of microplastics in the food supplies and 
                sources of drinking water;
            (4) an assessment of the risk posed, if any, by the 
        presence of microplastics in the food supplies and sources of 
        drinking water of United States consumers that includes--
                    (A) an identification of the most significant 
                sources of those microplastics; and
                    (B) a review of the best available science to 
                determine any potential hazards of microplastics in the 
                food supplies and sources of drinking water of United 
                States consumers; and
            (5) a measurement of--
                    (A) the quantity of environmental chemicals that 
                absorb to microplastics; and
                    (B) the quantity described in subparagraph (A) that 
                would be available for human exposure through food 
                supplies or sources of drinking water.

SEC. 306. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF 
              RECYCLABLE MATERIALS.

    Not later than 1 year after the date of enactment of this Act, the 
EPA Administrator shall submit to Congress a report describing--
            (1) the economic, educational, technological, resource 
        availability, legal, or other barriers to increasing the 
        collection, processing, and use of recyclable materials; and
            (2) recommendations to overcome the barriers described 
        under paragraph (1).

SEC. 307. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END-
              USE MARKETS FOR RECYCLED PLASTICS.

    Not later than 1 year after the date of enactment of this Act, the 
EPA Administrator shall submit to Congress a report describing the most 
efficient and effective economic incentives to spur the development of 
additional new end-use markets for recyclable plastics (including 
plastic film), including the use of increased recycled content by 
manufacturers in the production of plastic goods and packaging.

SEC. 308. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE.

    (a) In General.--The EPA Administrator, in coordination with the 
Interagency Marine Debris Coordinating Committee and the National 
Institute of Standards and Technology, shall conduct a study on 
minimizing the creation of new plastic waste.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the EPA Administrator shall submit to Congress a report on 
the study conducted under subsection (a) that includes--
            (1) an estimate of the current and projected United States 
        consumption of plastics, by type of plastic, including consumer 
        food products;
            (2) an estimate of the environmental effects and impacts of 
        plastic use in relation to other materials;
            (3) an estimate of current and projected future recycling 
        rates of plastics, by type of plastic;
            (4) an assessment of opportunities to minimize the creation 
        of new plastic waste, including consumer food products, by 
        reducing, recycling, reusing, refilling, refurbishing, or 
        capturing plastic that would otherwise be part of a waste 
        stream; and
            (5) an assessment of what recycled content standards for 
        plastic are technologically and economically feasible, and the 
        impact of the standards on recycling rates.

            Passed the Senate January 9, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 1982

_______________________________________________________________________

                                 AN ACT

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