‘‘(B) EXCLUSION OF POST-CONSUMER RE-
CYCLED RESIN.—The term ‘taxable virgin plas-
tic resin’ shall not include any resin which has 
been reprocessed from recovered material so it 
can be used for its original purpose or for other 
purposes in place of resin described in clause (i) 
of subparagraph (A). 
‘‘(4) UNITED
STATES.—The term ‘United 
States’ has the meaning given such term by section 
4612(a)(4). 
‘‘(5) IMPORTER.—The term ‘importer’ means 
the person entering the taxable virgin plastic resin 
or covered item for consumption, use, or ware-
housing. 
‘‘(b) FRACTION OF A POUND.—In the case of a frac-
tion of a pound, the tax imposed by section 4691 shall 
be the same fraction of the amount of such tax imposed 
on a whole pound. 
‘‘(c) USE TREATED AS SALE.—If any applicable enti-
ty manufactures, produces, or imports any taxable virgin 
plastic resin and uses such resin, then such person shall 
be liable for tax under section 4691 in the same manner 
as if such resin were sold by such entity. 
‘‘(d) REFUND OR CREDIT FOR CERTAIN USES.— 
Under regulations prescribed by the Secretary, if— 
VerDate Sep 11 2014 
01:56 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5389.IH
H5389
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) a tax under section 4691(a)(1) was paid 
with respect to any taxable virgin plastic resin, and 
‘‘(2) such resin was used by any person in the 
manufacture or production within the United States 
of any product which is not a covered item, 
then an amount equal to the tax so paid shall be allowed 
as a credit or refund (without interest) to such person in 
the same manner as if it were an overpayment of tax im-
posed by such section. 
‘‘(e) DISPOSITION
OF REVENUES FROM PUERTO 
RICO AND THE VIRGIN ISLANDS.—The provisions of sub-
sections (a)(3) and (b)(3) of section 7652 shall not apply 
to any tax imposed by section 4691. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out the pro-
visions of this subchapter.’’. 
(b) PLASTIC
WASTE
REDUCTION
FUND.—Sub-
chapter A of chapter 98 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 9512. PLASTIC WASTE REDUCTION FUND. 
‘‘(a) ESTABLISHMENT
AND
FUNDING.—There is 
hereby established in the Treasury of the United States 
a trust fund to be referred to as the ‘Plastic Waste Reduc-
tion Fund’, consisting of such amounts as may be appro-
VerDate Sep 11 2014 
01:56 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5389.IH
H5389
kjohnson on DSK79L0C42PROD with BILLS
priated or credited to such trust fund as provided for in 
this section and section 9602(b). 
‘‘(b) TRANSFERS TO THE PLASTIC WASTE REDUC-
TION FUND.—There are hereby appropriated to the Plas-
tic Waste Reduction Fund amounts equivalent to the taxes 
received in the Treasury under section 4691 (minus any 
refunds or credits pursuant to section 4692(d)). 
‘‘(c) EXPENDITURES FROM
THE PLASTIC WASTE 
REDUCTION FUND.—Amounts in the Plastic Waste Re-
duction Fund shall be available, as provided by appropria-
tion Acts, for making expenditures— 
‘‘(1) to carry out reduction and recycling activi-
ties, including making improvements to recycling in-
frastructure, 
‘‘(2) to carry out plastic waste and marine de-
bris reduction, detection, monitoring, and cleanup 
activities of— 
‘‘(A) the grant programs established under 
section 302 of the Save Our Seas 2.0 Act (33 
U.S.C. 4282), 
‘‘(B) the Marine Debris Program estab-
lished by section 3 of the Marine Debris Act 
(33 U.S.C. 1952), 
VerDate Sep 11 2014 
01:56 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5389.IH
H5389
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) the Marine Debris Foundation estab-
lished by section 111 of the Save Our Seas 2.0 
Act (33 U.S.C. 4211), and 
‘‘(D) other Federal programs carrying out 
such activities, and 
‘‘(3) to address environmental justice and pollu-
tion impacts from plastic production.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) The table of subchapters for chapter 38 of 
the Internal Revenue Code of 1986 is amended by 
adding at the end the following new item: 
‘‘SUBCHAPTER E—TAX ON PLASTICS’’. 
(2) The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at 
the end the following new item: 
‘‘Sec. 9512. Plastic Waste Reduction Fund.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2022. 
Æ 
VerDate Sep 11 2014 
01:56 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H5389.IH
H5389
kjohnson on DSK79L0C42PROD with BILLS