(C) the availability of equipment, supplies, 
and labor; 
(D) the potential reduction of solid waste 
in landfills, oceans, and the natural environ-
ment; and 
(E) the potential net employment impacts. 
SEC. 103. COMPARATIVE STUDY ON CARBON IMPACT OF 
RAW MATERIALS. 
(a) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall seek to 
enter into appropriate arrangements with the National 
Academies of Sciences, Engineering, and Medicine (in this 
section referred to as the ‘‘National Academies’’) under 
which the National Academies shall conduct a study that 
compares the resource use, resource efficiency, and carbon 
impact of products made of raw materials (including plas-
tic, bio-based plastic, steel, aluminum, glass, textiles, 
wood, and paper) across the life cycle, including the pro-
duction, transportation, packaging use, and any method 
of recovery, of such products. 
(b) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the National Academies shall 
submit to Congress, the Administrator, the Secretary of 
Energy, and the Secretary of Commerce a report on the 
study conducted under subsection (a) that includes— 
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(1) the findings of such study; and 
(2) recommendations based on such findings— 
(A) that address concerns associated with 
climate change, including life cycle greenhouse 
gas emissions of products made with raw mate-
rials; 
(B) with respect to any knowledge gaps 
that may require further scientific inquiry and 
studies; and 
(C) on potential educational efforts to help 
residential, commercial, and industrial con-
sumers understand the climate carbon footprint 
of such residential, commercial, and industrial 
consumers. 
TITLE II—MINIMUM MANDATE 
FOR RECYCLED PLASTIC 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMPLIANCE DEFICIT PERCENTAGE.—The 
term ‘‘compliance deficit percentage’’ means the 
amount of the mandate shortfall divided by the man-
dated quantity of recycled plastics as determined by 
Administrator. 
(2) MANDATE SHORTFALL.—The term ‘‘man-
date shortfall’’ means, in pounds, the sum of— 
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(A) the total pounds of plastics used in an 
annual plastics packaging portfolio of a mar-
keter multiplied by the applicable mandate for 
recycled plastics, less 
(B) the pounds of recycled plastics actually 
used, as determined by the Administrator, in 
such annual plastics packaging portfolio. 
(3) MINIMUM MANDATE.—The term ‘‘minimum 
mandate’’ means the requirement of having a min-
imum percentage of a plastics packaging portfolio of 
a marketer that is made of recycled plastics under 
section 202(a). 
(4) MINIMUM PERCENTAGE.—The term ‘‘min-
imum percentage’’ means the percentage that is de-
termined by the Administrator under section 
202(b)(2). 
(5) PLASTICS
PACKAGING
PORTFOLIO.—The 
term ‘‘plastics packaging portfolio’’ means a market-
er’s total annual portfolio of plastics packaging, in-
cluding packaging made from virgin and recycled 
resins sold, marketed, and distributed in the United 
States. 
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SEC. 202. MINIMUM MANDATE FOR RECYCLED PLASTIC IN 
PLASTICS PACKAGING PORTFOLIO. 
(a) MINIMUM MANDATE.—Not later than 180 days 
after the date of enactment of this Act, and for each cal-
endar year thereafter subject to paragraph (2), if applica-
ble, the Administrator shall set regulations requiring a 
minimum percentage of a plastics packaging portfolio of 
a marketer containing plastics packaging that includes re-
cycled plastics in accordance with this section. 
(b) MINIMUM PERCENTAGE.— 
(1) 30 BY 30.—In carrying out the minimum 
mandate under subsection (a), the Administrator 
shall increase the minimum percentage pursuant to 
paragraph (2) to a maximum of 30 percent by 2030. 
(2) EVALUATION PROCESS.— 
(A) ESTABLISHMENT.—Not later than 1 
year after the date of enactment of this Act, the 
Administrator shall establish an evaluation 
process under which the Administrator shall 
evaluate the minimum percentage that is in ef-
fect at the time of beginning the evaluation 
process to determine whether such minimum 
percentage should be adjusted based on— 
(i) the supply of on-specification recy-
cled post-use plastics feedstocks available 
for mechanical or advanced recycling, cal-
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culated based on the data the Adminis-
trator shall require States to annually sub-
mit regarding the amount of available in-
coming recycled feedstocks by categories of 
post-use plastics, and shall take into con-
sideration the proximity of the available re-
cycled feedstocks to the available recycling 
infrastructure, including either mechanical 
or advanced recycling facilities; 
(ii) the annual data collected by the 
Administrator pursuant to reporting re-
quirements developed pursuant to section 
203 to evaluate the Nation’s advanced re-
cycling capacity; 
(iii) changes in market conditions, in-
cluding supply and demand for recycled 
post-use 
plastics 
feedstocks, 
collection 
rates, and post-use plastic availability both 
domestically and globally; 
(iv) the capacity of advanced and me-
chanical recycling infrastructure; 
(v) the supply of on-specification recy-
cled feedstocks available for mechanical or 
advanced recycling to be used in plastics 
packaging that contains drugs, medical de-
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vices, cosmetics, medical food, or infant 
formula (as such terms are defined in the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.)) or any other product 
packages with health and safety related re-
cycled plastics restrictions; 
(vi) any consultations with the Na-
tional Plastics Recycling Standards Com-
mittee or experts from the scientific, proc-
ess engineering, economic development, 
plastics, recycling, waste haulers, and recy-
cling industries; and 
(vii) whether there has been imple-
mentation of policies to support or help fi-
nance the development of collection and 
sorting infrastructure for post-use plastic. 
(B) EVALUATION.—Not later than 1 year 
after the date on which the Administrator es-
tablishes the evaluation process under subpara-
graph (A), and every two years thereafter, the 
Administrator shall evaluate the minimum per-
centage that is in effect at the time of the eval-
uation using the process established under such 
subparagraph and determine whether such min-
imum percentage that is in effect should in-
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crease, decrease, or stay the same for the fol-
lowing calendar year. 
(C) ACCELERATED SCHEDULE.—Upon re-
ceipt of a petition signed by at least 55 percent 
of all marketers subject to this section, the Ad-
ministrator may initiate an evaluation on the 
date that is at least 1 year after the date on 
which the Administrator conducted the previous 
evaluation. 
(c) THIRD-PARTY CERTIFICATION.— 
(1) IN
GENERAL.—The Administrator shall 
identify international standards of third party cer-
tification bodies including, but not limited to, as de-
termined under paragraph (2) that certify the per-
centage of recycled plastics in a plastics packaging 
portfolio for the purpose of enforcing the minimum 
mandate under section 203, in accordance with this 
paragraph. 
(2) 
APPROVED
CERTIFICATION
SYSTEMS 
LIST.—Not later than 180 days after the enactment 
of this Act, the Administrator shall issue a list that 
contains certification systems that: 
(A) Apply chain of custody, attribution, 
mass balance, and certified mass balance attri-
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bution for identifying the percentage of recycled 
plastics in a plastics packaging portfolio. 
(B) Are approved by the Administrator to 
certify the percentage of recycled plastics in a 
plastics packaging portfolio of a marketer. 
These systems include those run by the fol-
lowing organizations: 
(i) International Sustainability and 
Carbon Certification. 
(ii) Underwriter Laboratories. 
(iii) SCS Global Services. 
(iv) Roundtable on Sustainable Bio-
materials. 
(v) Ecocycle. 
(vi) REDcert. 
(3) ANNUAL UPDATE.—Not later than 1 year 
after the date on which the Administrator issues the 
approved certification systems list under subpara-
graph (B), and annually thereafter, the Adminis-
trator shall update the approved certification sys-
tems list to incorporate new certification systems 
satisfying the requirements in section 202(c)(2)(A). 
(d) TIMELINE.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall es-
tablish a timeline and reporting procedures by which— 
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(1) a marketer submits documents prepared by 
an approved third-party certification body as identi-
fied under section 202(c) that details the percentage 
of recycled plastics used within the plastics pack-
aging portfolio of the marketer; 
(2) the Administrator makes a determination 
on such documents; and 
(3) a marketer, upon certification, may begin to 
label under section 203 of this Act. 
(e) APPLICABILITY.— 
(1) IN GENERAL.—The minimum mandate shall 
apply to the total annual plastics packaging portfolio 
of a marketer excluding plastics packaging that is— 
(A) 
manufactured 
from 
certified 
compostable products; and 
(B) subject to electrostatic discharge re-
strictions. 
(2) VOLUNTARY
INCLUSION.—For any mar-
keter that has plastic packaging that is excluded 
under paragraph (1), such marketer may voluntarily 
include such excluded plastic packaging for the pur-
pose of determining the total annual plastics pack-
aging portfolio under paragraph (1). 
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SEC. 203. LABELING COMPLIANCE AND ENFORCEMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall es-
tablish a plastics recycling accounting and labeling pro-
gram (in this section referred to as the ‘‘Program’’) to 
increase the use and reliability of recycled plastics for plas-
tics packaging. 
(b) DUTIES OF ADMINISTRATOR.—Under the Pro-
gram, the Administrator shall: 
(1) Outline the Administrator’s oversight au-
thority over marketers in the plastics recycling ac-
counting and labeling programing, including the fol-
lowing: 
(A) The certification process, including the 
Administrator’s procedures for confirmation 
that a marketer has met the mandates for recy-
cled plastics in plastics packaging by satisfying 
the annual requirements of an approved certifi-
cation system. The certification process shall in-
clude a one-page final determination from the 
Administrator confirming the marketer met the 
mandates for recycled plastics in plastics pack-
aging through an approved certification system, 
which shall be automatically and electronically 
conveyed to the Federal Trade Commission and 
the marketer. 
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(B) The Administrator’s obligation to pub-
lish basic information about each marketer’s ef-
forts to meet the minimum mandates, including 
the marketer’s name and the percent of recy-
cled plastics achieved during past certifications, 
while simultaneously protecting all financial, 
production, or sales data from each marketer 
that is claimed to confidential business informa-
tion. 
(C) Enforcement procedures and penalties 
for prohibited acts performed by marketers with 
respect to the certification process developed 
pursuant to section 202(d). 
(i) The plastics recycling accounting 
and labeling program’s definition of ‘‘pro-
hibited acts’’ shall include violations of 
record keeping requirements, knowing mis-
representations by marketers in the certifi-
cation process, and knowing distribution in 
commerce of any plastics packaging with 
the label developed pursuant to paragraph 
(3). 
(ii) If the Administrator has reason to 
believe a marketer has undertaken a pro-
hibited act, the Administrator shall issue a 
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