Save Our Seas 2.0 Act
PL 116-224 (S.1982), enacted 12/18/2020

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



[[Page 1071]]

                          SAVE OUR SEAS 2.0 ACT

[[Page 134 STAT. 1072]]

Public Law 116-224
116th Congress

                                 An Act


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

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

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

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

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

                    TITLE I--COMBATING MARINE DEBRIS

             Subtitle A--Amendments to the Marine Debris Act

Sec. 101. Amendments to the Marine Debris Act.

                  Subtitle B--Marine Debris Foundation

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

         Subtitle C--Genius Prize for Save Our Seas Innovations

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

            Subtitle D--Studies, Pilot Projects, and Reports

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

      TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

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

[[Page 134 STAT. 1073]]

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

  TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

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

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

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

[[Page 134 STAT. 1074]]

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

                    TITLE I--COMBATING MARINE DEBRIS

             Subtitle A--Amendments to the Marine Debris Act

SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT.

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

[[Page 134 STAT. 1075]]

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

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

                  Subtitle B--Marine Debris Foundation

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

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

    (a) Establishment and Membership.--

[[Page 134 STAT. 1076]]

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

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

[[Page 134 STAT. 1077]]

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

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

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

[[Page 134 STAT. 1078]]

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

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

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

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

[[Page 134 STAT. 1079]]

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

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

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

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

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

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

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

[[Page 134 STAT. 1080]]

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

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

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

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

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

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

[[Page 134 STAT. 1081]]

         Subtitle C--Genius Prize for Save Our Seas Innovations

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

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

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

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

[[Page 134 STAT. 1082]]

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

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

[[Page 134 STAT. 1083]]

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

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

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

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

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

[[Page 134 STAT. 1084]]

            Subtitle D--Studies, Pilot Projects, and Reports

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

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

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

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

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

[[Page 134 STAT. 1085]]

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

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

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

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

[[Page 134 STAT. 1086]]

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

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

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

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

      TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

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

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

[[Page 134 STAT. 1087]]

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

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

[[Page 134 STAT. 1088]]

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

[[Page 134 STAT. 1089]]

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

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

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

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

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

[[Page 134 STAT. 1090]]

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

[[Page 134 STAT. 1091]]

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

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

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

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

[[Page 134 STAT. 1092]]

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

  TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

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

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

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

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

[[Page 134 STAT. 1093]]

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

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

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

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

[[Page 134 STAT. 1094]]

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

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

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

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

[[Page 134 STAT. 1095]]

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

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

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

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

[[Page 134 STAT. 1096]]

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

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

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

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

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

[[Page 134 STAT. 1097]]

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

    Approved December 18, 2020.

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

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

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