114 S1114 IS: Toxics by Rail Accountability and Community Knowledge Act of 2015
U.S. Senate
2015-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1114IN THE SENATE OF THE UNITED STATESApril 28, 2015Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo enhance rail safety and provide for the safe transport of hazardous materials, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Toxics by Rail Accountability and Community Knowledge Act of 2015 or the TRACK Act. 2.Chemical exposure right-to-know (a)DefinitionsIn this section:
 (1)Long-lasting or irreversible health consequencesThe term long-lasting or irreversible health consequences means those health consequences occurring at the exposure threshold defined in the Acute Exposure Guideline Level AEGL–2 or AEGL–3, as established by the National Advisory Committee for the Development of Acute Exposure Guideline Levels for Hazardous Substances.
 (2)Post-accident public health assessmentThe term post-accident public health assessment means a scientific assessment of the impacts of a hazardous material release on public health made by a qualified entity.
 (3)Qualified entityThe term qualified entity means a Federal, State, or other governmental entity responsible for emergency response, public health, chemical safety or transportation, or environmental protection.
 (b)Right-to-Know protectionsBeginning 180 days after the date of the enactment of this Act, railroad carriers that are found to be at fault by an administrative, judicial, or investigatory process for an accident or incident during calendar year 2010 or later that led to an unintended release of hazardous materials shall—
 (1)periodically review any post-accident public health assessments regarding the extent to which individuals exposed to the hazardous material that was released could experience long-lasting or irreversible health consequences;
 (2)timely inform individuals exposed to the hazardous material of any health information, including information regarding long-lasting or irreversible health consequences, included in such reports; and
 (3)offer to renegotiate any legal settlements made to individuals impacted by a hazardous material release for which additional information about the potential for long-lasting or irreversible health consequences has been later disclosed in a post-accident public health assessment.
 (c)EnforcementAny railroad carrier violating subsection (b)(3), or a regulation prescribed pursuant to subsection (b)(3), shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows:
 (1)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $100,000 and not more than $1,000,000.
 (2)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $25,000 and not more than $250,000.
 (3)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $10,000 and not more than $100,000.
				3.Commodity flow transparency
 (a)RulemakingNot later than 2 years after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring a railroad carrier transporting a hazardous material—
 (1)to provide first responders, emergency response officials, and law enforcement personnel in the communities through which the hazardous material is transported with accurate and current commodity flow data; and
 (2)to assist with the development of emergency operations and response plans designed to protect public health and community safety in the event of a railroad accident or incident involving the hazardous material.
 (b)ConsiderationsIn prescribing regulations under subsection (a), the Secretary may consider which hazardous materials or classes of hazardous materials are most relevant to be included within commodity flow information based on factors such as—
 (1)the volume of the hazardous material transported; and (2)the threat to public health and community safety posed by each hazardous material.
				4.Moveable bridge inspection before train movement
 (a)Procedure requiredNot later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations establishing a procedure for a railroad carrier to permit a train to pass a red signal aspect protecting a moveable bridge.
			(b)Training and qualifications
 (1)Training programThe procedure established pursuant to subsection (a) shall require a railroad carrier that operates across a moveable bridge to have an active program to train and qualify its employees to determine whether a train can safely travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect.
 (2)Required qualificationsA railroad carrier described in paragraph (1) shall ensure that only an individual qualified under the railroad carrier’s training program is given responsibility for determining whether a train can safely travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect.
 (c)EnforcementAny railroad carrier violating this section, or a regulation prescribed pursuant to this section, shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows:
 (1)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $100,000 and not more than $1,000,000.
 (2)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $25,000 and not more than $250,000.
 (3)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $10,000 and not more than $100,000.
				5.Route risk assessment
 (a)Route risk assessment toolsThe Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall develop a route risk assessment tool for the use of short line and regional railroad carriers that—
 (1)addresses any known limitations of the Rail Corridor Risk Management Safety software tool for short line and regional railroad carriers; and
 (2)allows for safety and security risk assessments to be performed by short line and regional railroad carriers when alternative routes are not available.
 (b)Route risk assessment auditsThe Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall conduct audits of short line and regional railroads to ensure that proper route risk assessments that identify safety and security vulnerabilities are being performed and are incorporated into a safety management system program.
			6.Railroad safety risk reduction program amendments
 (a)Safety management systemsSection 20156(d)(1) of title 49, United States Code, is amended— (1)in subparagraph (A), by striking and at the end;
 (2)in subparagraph (B), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (C)the use of safety management systems and their associated key principles, including top-down ownership and policies, analysis of operational incidents and accidents, and continuous evaluation and improvement programs..
 (b)Sense of CongressIt is the sense of Congress that, under the Railroad Safety Risk Reduction Program under section 20156 of title 49, United States Code, the Secretary of Transportation should include within the definition of a railroad carrier that has an inadequate safety performance any railroad carrier that is at fault for an incident, accident, or emergency involving hazardous materials that has led to a fatality or personal injury, an evacuation, or environmental damage within the last 5 years.
			7.First responder right-to-know
 (a)Real-Time emergency response notificationNot later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations that—
 (1)require a railroad carrier transporting a hazardous material— (A)to have the capability to generate, maintain, retrieve, and promptly deliver accurate and real-time consists that include the identity and location of the hazardous material on the train; and
 (B)to provide such information promptly to first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency, or as required by such entities to protect public health and community safety; and
 (2)prohibit a railroad carrier, employee, or agent from withholding, or a railroad carrier from instructing its employees or agents to withhold, a train consist or a real-time train consist from first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency involving the transportation of hazardous materials by railroad that threatens public health or safety.
 (b)Emergency response standardizationThe Secretary of Transportation, in consultation with railroad carriers, shall ensure that emergency response information carried by train crews transporting hazardous materials is consistent with, and is at least as protective as, the emergency response guidance provided in the Emergency Response Guidebook issued by the Department of Transportation.
 (c)EnforcementAny railroad carrier violating subsection (a)(2) or a regulation prescribed pursuant to subsection (a)(2) shall be liable to the Federal Government for a civil penalty for each violation or each day the violation continues, as follows:
 (1)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $100,000 and not more than $1,000,000.
 (2)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $25,000 and not more than $250,000.
 (3)A railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations, shall be liable for a civil penalty of not less than $10,000 and not more than $100,000.
 8.Public educationNot later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring railroad carriers transporting hazardous materials to develop, implement, and periodically evaluate a public education program for the communities along railroad hazardous materials routes, which may include—
 (1)procedures for reporting the release of a hazardous material; (2)physical indications of a release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community;
 (3)methods of communication that will be used to alert the community in the event of a railroad incident, accident, or emergency involving a hazardous material;
 (4)steps that should be taken by community residents to ensure public health and safety in the event of a hazardous material release; and
 (5)a discussion of possible public health and safety concerns associated with an unintended release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community.
 9.Inflation adjustmentsThe Secretary of Transportation shall issue a statement of agency policy adjusting the penalty schedules for violations outlined in this Act as necessary to account for inflation, each time the Secretary is required by law to review the minimum and maximum civil monetary penalty for inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101–410; 28 U.S.C. 2461 note). The Secretary may subject the statement of agency policy to notice and comment, as the Secretary considers appropriate.


116 HR 1674 IH: Veterans Improved Access and Care Act of 2019
U.S. House of Representatives
2019-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 1674
IN THE HOUSE OF REPRESENTATIVES

March 11, 2019
Mr. Tipton (for himself and Mr. Crow) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL
To require the Secretary of Veterans Affairs to carry out a pilot program to expedite the onboarding process for new medical providers of the Department of Veterans Affairs, to reduce the duration of the hiring process for such medical providers, and for other purposes.

1.Short titleThis Act may be cited as the Veterans Improved Access and Care Act of 2019. 2.Pilot program on expediting the Department of Veterans Affairs process for onboarding new medical providers (a)Pilot program authorized (1)In generalThe Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of expediting the process of the Veterans Health Administration for onboarding new medical providers.
(2)Goal for programUnder the pilot program, the Secretary shall seek to reduce the length of time it takes to onboard medical providers to no more than 60 days. (b)Locations (1)In generalThe Secretary shall select not fewer than ten medical facilities of the Department of Veterans Affairs at which to carry out the pilot program.
(2)Regional diversityThe medical facilities selected under paragraph (1) shall be located in regionally diverse areas, as determined by the Secretary. (3)PriorityIn selecting medical facilities under paragraph (1), the Secretary shall give priority to medical facilities facing hiring shortages of licensed independent medical providers.
(c)Onboarding process definedIn this section, the term onboarding process means the process of bringing on a medical provider applicant after the medical provider is offered a tentative position, including certification of credentialing, background investigation, assessment of health status, and such other actions as are necessary for starting employment. 3.Strategy to reduce duration of hiring process of Department of Veterans Affairs for licensed professional medical providers (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a strategy to reduce the duration of the hiring process of the Department of Veterans Affairs for licensed professional medical providers by half.
(b)Expedited certificationThe strategy submitted under subsection (a) shall describe how the overall certification of credentials process of the Department for licensed professional medical providers can be expedited.


		I
		112th CONGRESS
		2d Session
		H. R. 6676
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2012
			Mr. Markey introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the FAA Modernization and Reform
		  Act of 2012 to provide guidance and limitations regarding the integration of
		  unmanned aircraft systems into United States airspace, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Drone Aircraft Privacy and
			 Transparency Act of 2012.
		2.FindingsCongress finds the following:
			(1)On February 14, 2012, President Obama
			 signed the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49
			 U.S.C. 40101 note) into law, and sections 331 through 336 of such Act require
			 the Federal Aviation Administration to fully integrate government, commercial,
			 and recreational unmanned aircraft systems, commonly known as
			 drones, into United States airspace by October 2015.
			(2)Unmanned aircraft
			 systems have traditionally been used almost exclusively overseas by military
			 and security organizations; however, State and local governments, businesses,
			 and private individuals are increasingly using unmanned aircraft systems in the
			 United States, including deployments for law enforcement operations.
			(3)As the technology
			 advances and the cost decreases—unmanned aircraft systems are already orders of
			 magnitude less expensive to purchase and operate than piloted aircraft—the
			 market for Federal, State, and local government and commercial unmanned
			 aircraft systems is rapidly growing.
			(4)It has been
			 estimated there could be as many as 30,000 unmanned aircraft systems in the sky
			 in the United States by 2020.
			(5)There will no
			 doubt be many beneficial applications of this technology, for as Secretary of
			 Transportation Ray LaHood said in a statement on March 7, 2012, Unmanned
			 aircraft can help us meet a number of challenges, from spotting wildfires to
			 assessing natural disasters..
			(6)However, there also is the potential for
			 unmanned aircraft system technology to enable invasive and pervasive
			 surveillance without adequate privacy protections, and currently, no explicit
			 privacy protections or public transparency measures with respect to such system
			 technology are built into the law.
			(7)Federal standards
			 for informing the public and protecting individual privacy with respect to
			 unmanned aircraft systems are needed.
			3.Guidance and
			 limitations regarding unmanned aircraft systemsSubtitle B of title III of the FAA
			 Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note)
			 is amended by adding at the end the following new sections:

				337.Privacy study
				and report
					(a)StudyThe Secretary of Transportation, in
				consultation with the Secretary of Commerce, the Chairman of the Federal Trade
				Commission, and the Chief Privacy Officer of the Department of Homeland
				Security, shall carry out a study that identifies any potential threats to
				privacy protections posed by the integration of unmanned aircraft systems into
				the national airspace system, including any potential violations of the privacy
				principles.
					(b)ReportNot later than 180 days after the date of
				enactment of this section, the Secretary of Transportation shall submit a
				report on the study conducted under subsection (a) to—
						(1)the Committee on Transportation and
				Infrastructure of the House of Representatives;
						(2)the Committee on
				Energy and Commerce of the House of Representatives;
						(3)the Committee on
				Homeland Security of the House of Representatives;
						(4)the Committee on
				Environment and Public Works of the Senate;
						(5)the Committee on Commerce, Science, and
				Transportation of the Senate; and
						(6)the Committee on
				Homeland Security and Governmental Affairs of the Senate.
						(c)DefinitionsFor purposes of this section and the
				succeeding sections of this subtitle—
						(1)the term privacy protections
				means protections that relate to the use, collection, and disclosure of
				information and data about individuals and groups of individuals;
						(2)the term privacy principles
				means the principles described in Part Two of the Organisation for Economic
				Co-operation and Development guidelines titled Annex to the
				Recommendation of the Council of 23rd September 1980: Guidelines Governing The
				Protection Of Privacy And Transborder Flows Of Peronal Data, adopted by
				the Organisation for Economic Co-operation and Development on September 23,
				1980; and
						(3)the term law
				enforcement means—
							(A)any entity of the United States or of a
				State or political subdivision thereof, that is empowered by law to conduct
				investigations of or to make arrests for offenses; and
							(B)any entity or
				individual authorized by law to prosecute or participate in the prosecution of
				such offenses.
							338.RulemakingAs part of the rulemaking process required
				under section 332(b)(1) and the final rule adopted under such section, the
				Secretary of Transportation shall establish procedures to ensure that the
				integration of unmanned aircraft systems into the national airspace system is
				done in compliance with the privacy principles.
				339.Data collection
				statements and data minimization statements
					(a)In
				generalBeginning on the date
				of enactment of this section, the Secretary of Transportation may not approve,
				issue, or award any certificate, license, or other grant of authority to
				operate an unmanned aircraft system in the national airspace system unless the
				application for such certificate, license, or other grant of authority
				includes—
						(1)a data collection
				statement in accordance with the requirements of subsection (b) that provides
				reasonable assurance that the applicant will operate the unmanned aircraft
				system in accordance with the privacy principles; and
						(2)in the case of such an unmanned aircraft
				system that is to be operated by a law enforcement agency or a law enforcement
				agency contractor or subcontractor, a data minimization statement in accordance
				with the requirements of subsection (c) that provides reasonable assurance that
				the applicant will operate the unmanned aircraft system in accordance with the
				privacy principles.
						(b)Data collection
				statementA data collection statement under subsection (a), with
				respect to an unmanned aircraft system, shall include information
				identifying—
						(1)the individuals or entities that will have
				the power to use the unmanned aircraft system;
						(2)the specific
				locations in which the unmanned aircraft system will operate;
						(3)the maximum period
				for which the unmanned aircraft system will operate in each flight;
						(4)whether the
				unmanned aircraft system will collect information or data about individuals or
				groups of individuals, and if so—
							(A)the circumstances
				under which such system will be used; and
							(B)the specific kinds of information or data
				such system will collect about individuals or groups of individuals and how
				such information or data, as well as conclusions drawn from such information or
				data, will be used, disclosed, and otherwise handled, including—
								(i)how the collection or retention of such
				information or data that is unrelated to the specified use will be
				minimized;
								(ii)whether such
				information or data might be sold, leased, or otherwise provided to third
				parties, and if so, under what circumstances it might be so sold or
				leased;
								(iii)the period for
				which such information or data will be retained; and
								(iv)when and how such information or data,
				including information or data no longer relevant to the specified use, will be
				destroyed;
								(5)the possible impact the operation of the
				unmanned aircraft system may have upon the privacy of individuals;
						(6)the specific steps that will be taken to
				mitigate any possible impact identified under paragraph (5), including steps to
				protect against unauthorized disclosure of any information or data described in
				paragraph (4), such as the use of encryption methods and other security
				features that will be used;
						(7)a telephone number or electronic mail
				address that an individual with complaints about the operation of the unmanned
				aircraft system may use to report such complaints and to request confirmation
				that personally identifiable data relating to such individual has been
				collected;
						(8)in the case that personally identifiable
				data relating to such individual has been collected, a reasonable process for
				such individual to request to obtain such data in a timely and an intelligible
				manner;
						(9)in the case that a request described in
				paragraph (8) is denied, a process by which such individual may obtain the
				reasons for the denial and challenge the denial; and
						(10)in the case that personally identifiable
				data relating to such individual has been collected, a process by which such
				individual may challenge the accuracy of such data and, if the challenge is
				successful, have such data erased or amended.
						(c)Data
				minimization statementA data
				minimization statement described in this subsection, with respect to an
				unmanned aircraft system operated by a law enforcement agency, contractor, or
				subcontractor described in subsection (a)(2), shall detail the
				applicable—
						(1)policies adopted by the agency, contractor,
				or subcontractor, respectively, that—
							(A)minimize the collection by the unmanned
				aircraft system of information and data unrelated to the investigation of a
				crime under a warrant;
							(B)require the destruction of such information
				and data, as well as of information and data collected by the unmanned aircraft
				system that is no longer relevant to the investigation of a crime under a
				warrant; and
							(C)establish procedures for the method of such
				destruction; and
							(2)audit and
				oversight procedures adopted by the agency, contractor, or subcontractor,
				respectively, that will ensure that such agency, contractor, or subcontractor,
				respectively, uses the unmanned aircraft system in accordance with the
				parameters outlined in the data collection statement and the statement required
				by this subsection.
						340.Disclosure of
				approved certificates, licenses, and other grants of authority
					(a)In
				generalThe Administrator of
				the Federal Aviation Administration shall make available on the public Internet
				Web site of the Federal Aviation Administration in a searchable format—
						(1)the approved certificate, license, or other
				grant of authority for each unmanned aircraft system awarded a certificate,
				license, or other grant of authority to operate in the national airspace
				system, including any such certificate, license, or other grant of authority
				awarded prior to the date of enactment of this section;
						(2)information
				detailing where, when, and for what period each unmanned aircraft system will
				be operated;
						(3)information
				detailing any data security breach that occurs with regard to information
				collected by an unmanned aircraft system; and
						(4)in the case of a certificate, license, or
				other grant of authority awarded on or after the date of enactment of this
				section to operate an unmanned aircraft system in the national airspace system,
				the data collection statement described in section 339(b) and, if applicable,
				the data minimization statement described in section 339(c) required with
				respect to such unmanned aircraft system.
						(b)DeadlineThe Administrator shall complete the
				requirements under subsection (a) with regard to each unmanned aircraft
				system—
						(1)in the case of a certificate, license, or
				other grant of authority awarded before the date of enactment of this section,
				not later than 90 days after such date of enactment; and
						(2)in the case of a certificate, license, or
				other grant of authority awarded on or after the date of enactment of this
				section, as soon as is practicable after the date of approval of such
				certificate, license, or other grant of authority.
						341.Warrants
				required for generalized surveillance
					(a)In
				generalNo person or entity
				may use an unmanned aircraft system for protective activities, or for law
				enforcement or intelligence purposes, except pursuant to a warrant issued using
				the procedures described in the Federal Rules of Criminal Procedure (or, in the
				case of a State court, issued using State warrant procedures) by a court of
				competent jurisdiction, or as otherwise provided in the Foreign Intelligence
				Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
					(b)Exception
						(1)In
				generalSubsection (a) shall
				not apply in exigent circumstances (as defined in paragraph 2).
						(2)Exigent
				circumstances definedExigent
				circumstances exist when a law enforcement entity reasonably believes there
				is—
							(A)an imminent danger
				of death or serious physical injury; or
							(B)a high risk of a
				terrorist attack by a specific individual or organization, when the Secretary
				of Homeland Security has determined that credible intelligence indicates there
				is such a risk.
							(3)Required
				documentationIn the case of a person or entity operating an
				unmanned aircraft system under the exception for exigent circumstances created
				by paragraph (1), documentation justifying the exception shall be submitted to
				the Secretary of Transportation not later than 7 days after the date of the
				relevant unmanned aircraft system flight.
						(4)Information or
				data unrelated to exigent circumstancesA person or entity operating an unmanned
				aircraft system under the exception for exigent circumstances created by
				paragraph (1) shall minimize the collection by the unmanned aircraft system of
				information and data unrelated to the exigent circumstances, and if such
				unmanned aircraft system incidentally collects any such information or data
				while being operated under such exception, the person or entity operating the
				unmanned aircraft system shall destroy such information and data.
						(5)Prohibition on
				information sharingA person
				or entity shall not intentionally divulge information collected in accordance
				with this section with any other person or entity, except as authorized by
				law.
						(6)Prohibition on
				use as evidenceWhenever
				information has been collected by means of use of an unmanned aircraft system,
				no part of the contents of such information and no evidence derived therefrom
				may be received in evidence in any trial, hearing, or other proceeding in or
				before any court, grand jury, department, officer, agency, regulatory body,
				legislative committee, or other authority of the United States, a State, or a
				political subdivision thereof unless that information is collected in
				accordance with this
				section.
						.
		4.Enforcement
			(a)Prohibited
			 conduct
				(1)In
			 generalIt shall be unlawful
			 for a person or entity to operate an unmanned aircraft system in a manner that
			 is not in accordance with the terms of a data collection statement submitted
			 under section 339(a)(1) of the FAA Modernization and Reform Act of 2012, as
			 added by section 3 of this Act, or in a manner that violates any portion of the
			 final rule required under section 332(b)(1) of such Act insofar as such portion
			 relates to the procedures described in section 338 of such Act.
				(2)RegulationsThe Commission may promulgate regulations
			 in accordance with section 553 of title 5, United States Code, to carry out
			 paragraph (1) with respect to persons and entities described in subsection
			 (b)(3).
				(b)Enforcement by
			 Federal Trade Commission
				(1)Unfair or
			 deceptive acts or practicesA
			 violation of subsection (a) or the regulations promulgated under such
			 subsection shall be treated as a violation of a regulation under section
			 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B))
			 regarding unfair or deceptive acts or practices.
				(2)Powers of
			 CommissionThe Commission
			 shall enforce subsection (a) and the regulations promulgated under such
			 subsection in the same manner, by the same means, and with the same powers and
			 duties as though all applicable terms and provisions of the Federal Trade
			 Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of
			 this Act, and any violator shall be subject to the penalties and entitled to
			 the privileges and immunities provided in the Federal Trade Commission Act.
				(3)ApplicabilityParagraphs (1) and (2) shall apply—
					(A)with respect to persons, partnerships, and
			 corporations over which the Commission has jurisdiction under section 5(a)(2)
			 of the Federal Trade Commission Act
			 (15 U.S.C.
			 45(a)(2)) (except to the extent such person, partnership, or
			 corporation is a law enforcement contractor or subcontractor); and
					(B)notwithstanding such section, with respect
			 to air carriers and foreign air carriers.
					(c)Actions by
			 States
				(1)Civil
			 actionsIn any case in which
			 the attorney general of a State, or an official or agency of a State, has
			 reason to believe that an interest of the residents of that State has been or
			 is threatened or adversely affected by an act or practice in violation of
			 subsection (a) or a regulation promulgated under such subsection, or by the
			 operation of an unmanned aircraft system in violation of the terms of a data
			 minimization statement submitted under section 339(a)(2) of the FAA
			 Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), the State may
			 bring a civil action on behalf of the residents of the State in an appropriate
			 State court or an appropriate district court of the United States to—
					(A)enjoin the
			 violation;
					(B)enforce compliance
			 with such subsection, regulation, or statement;
					(C)obtain damages,
			 restitution, or other compensation on behalf of residents of the State;
			 or
					(D)obtain such other
			 legal and equitable relief as the court may consider to be appropriate.
					(2)NoticeBefore filing an action under this
			 subsection against a person, partnership, or corporation over which the
			 Commission has jurisdiction under section 5(a)(2) of the Federal Trade
			 Commission Act (15
			 U.S.C. 45(a)(2)) (except to the extent such person,
			 partnership, or corporation is a law enforcement contractor or subcontractor)
			 or an air carrier or foreign air carrier, the attorney general, official, or
			 agency of the State involved shall provide to the Commission a written notice
			 of that action and a copy of the complaint for that action. If the attorney
			 general, official, or agency determines that it is not feasible to provide the
			 notice described in this paragraph before the filing of the action, the
			 attorney general, official, or agency shall provide written notice of the
			 action and a copy of the complaint to the Commission immediately upon the
			 filing of the action.
				(3)Authority of the
			 Commission
					(A)In
			 generalOn receiving notice under paragraph (2) of an action
			 under this subsection, the Commission shall have the right—
						(i)to intervene in
			 the action;
						(ii)upon so
			 intervening, to be heard on all matters arising therein; and
						(iii)to file
			 petitions for appeal.
						(B)Limitation on
			 State action while Federal action is pendingIf the Commission or the Attorney General
			 of the United States has instituted a civil action for violation of subsection
			 (a) or a regulation promulgated under such subsection (referred to in this
			 subparagraph as the Federal action), no State attorney general,
			 official, or agency may bring an action under this subsection during the
			 pendency of the Federal action against any defendant named in the complaint in
			 the Federal action for any violation as alleged in that complaint.
					(4)Rule of
			 constructionFor purposes of bringing a civil action under this
			 subsection, nothing in this Act or any amendment made by this Act shall be
			 construed to prevent an attorney general, official, or agency of a State from
			 exercising the powers conferred on the attorney general, official, or agency by
			 the laws of that State to conduct investigations, administer oaths and
			 affirmations, or compel the attendance of witnesses or the production of
			 documentary and other evidence.
				(d)Private right of
			 action
				(1)In
			 generalA person injured by
			 an act in violation of subsection (a) or the regulations promulgated under such
			 subsection, or by the operation of an unmanned aircraft system in violation of
			 the terms of a data minimization statement submitted under section 339(a)(2) of
			 the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), may bring
			 in an appropriate State court or an appropriate district court of the United
			 States—
					(A)an action to
			 enjoin such violation;
					(B)an action to
			 recover damages for actual monetary loss from such violation, or to receive up
			 to $1,000 in damages for each such violation, whichever is greater; or
					(C)both such
			 actions.
					(2)Intentional
			 violationsIf the defendant
			 committed a violation described in paragraph (1), and intended to do so, the
			 court may increase the amount of the award to an amount equal to not more than
			 3 times the amount available under paragraph (1)(B).
				(3)CostsThe court shall award to a prevailing
			 plaintiff in an action under this subsection the costs of such action and
			 reasonable attorney’s fees, as determined by the court.
				(4)LimitationAn
			 action may be commenced under this subsection not later than 2 years after the
			 date on which the person first discovered or had a reasonable opportunity to
			 discover the violation.
				(5)Nonexclusive
			 remedyThe remedy provided by this subsection shall be in
			 addition to any other remedies available to the person.
				(e)Suits against
			 governmental entitiesNotwithstanding the
			 Federal Trade Commission Act
			 (15 U.S.C. 41 et
			 seq.), a suit under subsection (c) or subsection (d) may be
			 maintained against a governmental entity.
			(f)License
			 revocationThe Federal
			 Aviation Administration shall revoke the certificate, license, or other grant
			 of authority to operate an unmanned aircraft system if such system is operated
			 in a manner that—
				(1)is not in
			 accordance with the terms of—
					(A)a data collection
			 statement submitted under section 339(a)(1) of the FAA Modernization and Reform
			 Act of 2012 (49 U.S.C. 40101 note), as added by this Act; or
					(B)a data
			 minimization statement submitted under section 339(a)(2) of such Act; or
					(2)violates any
			 portion of the final rule required under section 332(b)(1) of such Act insofar
			 as such portion relates to the procedures described in section 338 of such Act,
			 as added by this Act.
				(g)ViolationsEach day on which each unmanned aircraft
			 system is operated in violation of subsection (a), or the regulations
			 promulgated under such subsection, or the terms of a data minimization
			 statement submitted under section 339(a)(2) of the FAA Modernization and Reform
			 Act of 2012 (49 U.S.C. 40101 note), as added by section 3 of this Act, shall be
			 treated as a separate violation.
			(h)DefinitionsIn this section:
				(1)CommissionThe term Commission means the
			 Federal Trade Commission.
				(2)Law
			 enforcementThe term
			 law enforcement has the meaning given such term in section
			 337(c)(3) of the FAA Modernization and Reform Act of 2012, as added by section
			 3 of this Act.
				(3)StateThe term State means each of
			 the several States, the District of Columbia, each commonwealth, territory, or
			 possession of the United States, and each federally recognized Indian
			 tribe.
				(4)Unmanned
			 aircraft systemThe term
			 unmanned aircraft system has the meaning given such term in
			 section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
			 note).


		I
		111th CONGRESS
		1st Session
		H. R. 2777
		IN THE HOUSE OF REPRESENTATIVES

			June 9, 2009
			Mr. Holt (for
			 himself, Mr. Conyers,
			 Mr. Cohen,
			 Mr. Frank of Massachusetts,
			 Mr. Grijalva,
			 Mr. Johnson of Georgia,
			 Mr. Cummings,
			 Mr. Higgins,
			 Mr. Welch,
			 Mr. Ellison,
			 Ms. Bordallo,
			 Mr. Meeks of New York,
			 Ms. Schakowsky,
			 Ms. Woolsey,
			 Mr. Hinchey,
			 Mr. Ryan of Ohio,
			 Ms. Hirono,
			 Mr. Olver, and
			 Mr. Quigley) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To include costs incurred by the Indian Health Service, a
		  federally qualified health center, an AIDS drug assistance program, certain
		  hospitals, or a pharmaceutical manufacturer patient assistance program in
		  providing prescription drugs toward the annual out-of-pocket threshold under
		  part D of title XVIII of the Social Security Act and to provide a safe harbor
		  for assistance provided under a pharmaceutical manufacturer patient assistance
		  program.

		1.Short titleThis Act may be cited as the
			 Helping Fill the Medicare Rx Gap Act
			 of 2009.
		2.Including costs
			 incurred by the indian health service, a federally qualified health center, an
			 AIDS drug assistance program, certain hospitals, or a pharmaceutical
			 manufacturer patient assistance program in providing prescription drugs toward
			 the annual out-of-pocket threshold under part D
			(a)In
			 generalSection 1860D–2(b)(4)(C) of the Social Security Act (42
			 U.S.C. 1395w–102(b)(4)(C)) is amended—
				(1)in clause (i), by
			 striking and at the end;
				(2)in clause
			 (ii)—
					(A)by striking
			 such costs shall be treated as incurred only if and inserting
			 subject to clause (iii), such costs shall be treated as incurred
			 if;
					(B)by striking
			 , under section 1860D–14, or under a State Pharmaceutical Assistance
			 Program; and
					(C)by striking the
			 period at the end and inserting ; and; and
					(3)by inserting after
			 clause (ii) the following new clause:

						(iii)such costs shall
				be treated as incurred and shall not be considered to be reimbursed under
				clause (ii) if such costs are borne or paid—
							(I)under section
				1860D–14;
							(II)under a State
				Pharmaceutical Assistance Program;
							(III)by the Indian
				Health Service, an Indian tribe or tribal organization, or an urban Indian
				organization (as defined in section 4 of the Indian Health Care Improvement
				Act);
							(IV)by a federally
				qualified health center (as defined in section 1861(aa)(4));
							(V)under an AIDS Drug
				Assistance Program under part B of title XXVI of the Public Health Service
				Act;
							(VI)by a subsection
				(d) hospital (as defined in section 1886(d)(1)(B)) that meets the requirements
				of clauses (i) and (ii) of section 340B(a)(4)(L) of the Public Health Service
				Act; or
							(VII)by a
				pharmaceutical manufacturer patient assistance program, either directly or
				through the distribution or donation of covered part D drugs, which shall be
				valued at the negotiated price of such covered part D drug under the enrollee’s
				prescription drug plan or MA–PD plan as of the date that the drug was
				distributed or
				donated.
							.
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply to costs
			 incurred on or after January 1, 2010.
			3.Providing a safe
			 harbor for pharmaceutical manufacturer patient assistance programs
			(a)Safe
			 HarborSection 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3))
			 is amended—
				(1)in subparagraph
			 (G), by striking and at the end;
				(2)in
			 subparagraph (H), as added by section 237(d) of the Medicare Prescription Drug,
			 Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat.
			 2213)—
					(A)by moving such
			 subparagraph 2 ems to the left; and
					(B)by striking the
			 period at the end and inserting a semicolon;
					(3)by redesignating
			 subparagraph (H), as added by section 431(a) of the Medicare Prescription Drug,
			 Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat.
			 2287), as subparagraph (I);
				(4)in subparagraph
			 (I), as so redesignated—
					(A)by moving such
			 subparagraph 2 ems to the left; and
					(B)by striking the
			 period at the end and inserting ; and; and
					(5)by adding at the
			 end the following new subparagraph:

						(J)any remuneration paid by a
				pharmaceutical manufacturer patient assistance program, either in cash or
				through the distribution or donation of covered Part D drugs (as defined in
				section 1860D–2(e)), to an individual enrolled in a prescription drug plan
				under part D of title XVIII or in an MA–PD plan under part C of such
				title.
						.
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply to
			 remuneration paid on or after January 1, 2010.


114 HR 4558 IH: United States Fish and Wildlife Service Resource Protection Act
U.S. House of Representatives
2016-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4558
		IN THE HOUSE OF REPRESENTATIVES

			February 12, 2016
			Mr. Thompson of California (for himself, Mr. Cartwright, Mr. Costello of Pennsylvania, Mr. Kind, Mr. LoBiondo, and Mr. Wittman) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To authorize the United States Fish and Wildlife Service to seek compensation for injuries to trust
			 resources and use those funds to restore, replace, or acquire equivalent
			 resources, and for other purposes.

 1.Short titleThis Act may be cited as the United States Fish and Wildlife Service Resource Protection Act. 2.DefinitionsIn this Act:
 (1)DamagesThe term damages means— (A)compensation for—
					(i)
 (I)the cost of replacing, restoring, or acquiring the equivalent of a system resource; and (II)the value of any significant loss of use of a system resource, pending—
 (aa)restoration or replacement of the system resource; or (bb)the acquisition of an equivalent resource; or
 (ii)the value of a system resource, if the system resource cannot be replaced or restored; and (B)the cost of any relevant damage assessment carried out pursuant to section 4(c).
 (2)Response costThe term response cost means the cost of any action carried out by the Secretary— (A)to prevent, minimize, or abate destruction or loss of, or injury to, a system resource;
 (B)to abate or minimize the imminent risk of such destruction, loss, or injury; or (C)to monitor the ongoing effects of any incident causing such destruction, loss, or injury.
 (3)SecretaryThe term Secretary means the Secretary of the Interior. (4)System resourceThe term system resource means any living, nonliving, historical, cultural, or archeological resource that is located within the boundaries of—
 (A)a unit of the National Wildlife Refuge System; (B)a unit of the National Fish Hatchery System; or
 (C)any other land managed by the United States Fish and Wildlife Service, including any land managed cooperatively with any other Federal or State agency.
				3.Liability
 (a)In generalSubject to subsection (c), any individual or entity that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injuries or risk to, any system resource, shall be liable to the United States for any response costs or damages resulting from the destruction, loss, or injury.
 (b)Liability in remAny instrumentality (including a vessel, vehicle, aircraft, or other equipment or mechanism) that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injury or risk to, a system resource shall be liable in rem to the United States for any response costs or damages resulting from the destruction, loss, or injury, to the same extent that an individual or entity is liable under subsection (a).
 (c)DefensesAn individual or entity shall not be liable under this section, if the individual or entity can establish that—
 (1)the destruction or loss of, or injury to, the system resource was caused solely by an act of God or an act of war; or
				(2)
 (A)the individual or entity exercised due care; and (B)the destruction or loss of, or injury to, the system resource was caused solely by an act or omission of a third party, other than an employee or agent of the individual or entity.
 (d)ScopeThe liability established by this section shall be in addition to any other liability arising under Federal or State law.
			4.Actions
 (a)Civil actions for response costs and damagesThe Attorney General, on request of the Secretary, may commence a civil action in the United States district court of appropriate jurisdiction against any individual, entity, or instrumentality that may be liable under section 3 for response costs or damages.
			(b)Administrative actions for response costs and damages
				(1)Action by Secretary
 (A)In generalSubject to paragraph (2), the Secretary, after making a finding described in subparagraph (B), may consider, compromise, and settle a claim for response costs and damages if the claim has not been referred to the Attorney General under subsection (a).
 (B)Description of findingsA finding referred to in subparagraph (A) is a finding that— (i)destruction or loss of, or injury to, a system resource has occurred; or
 (ii)such destruction, loss, or injury would occur absent an action by the Secretary to prevent, minimize, or abate the destruction, loss, or injury.
 (2)RequirementIn any case in which the total amount to be recovered in a civil action under subsection (a) may exceed $500,000 (excluding interest), a claim may be compromised and settled under paragraph (1) only with the prior written approval of the Attorney General.
				(c)Response actions, assessments of damages, and injunctive relief
 (1)In generalThe Secretary may carry out all necessary actions (including making a request to the Attorney General to seek injunctive relief)—
 (A)to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; or (B)to abate or minimize the imminent risk of such destruction, loss, or injury.
					(2)Assessment and monitoring
 (A)In generalThe Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1).
 (B)Judicial reviewAny determination or assessment of damage to a system resource carried out under subparagraph (A) shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), on the basis of the administrative record developed by the Secretary.
					5.Use of recovered amounts
 (a)In generalAn amount equal to the total amount of the response costs and damages recovered by the Secretary under this Act and any amounts recovered by the Federal Government under any provision of Federal, State, or local law (including regulations) or otherwise as a result of the destruction or loss of, or injury to, any system resource shall be made available to the Secretary, without further appropriation, for use in accordance with subsection (b).
 (b)UseThe Secretary may use amounts made available under subsection (a) only, in accordance with applicable law—
 (1)to reimburse response costs and damage assessments carried out pursuant to this Act by the Secretary or such other Federal agency as the Secretary determines to be appropriate;
 (2)to restore, replace, or acquire the equivalent of a system resource that was destroyed, lost, or injured; or
 (3)to monitor and study system resources. 6.Donations (a)In generalIn addition to any other authority to accept donations, the Secretary may accept donations of money or services for expenditure or use to meet expected, immediate, or ongoing response costs and damages.
 (b)TimingA donation described in subsection (a) may be expended or used at any time after acceptance of the donation, without further action by Congress.
 7.Transfer of funds from Natural Resource Damage Assessment and Restoration FundThe matter under the heading Natural Resource Damage Assessment and Restoration Fund under the heading United States Fish and Wildlife Service of title I of the Department of the Interior and Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b–1), is amended by striking Provided, That and all that follows through activities. and inserting the following: Provided, That notwithstanding any other provision of law, any amounts appropriated or credited during fiscal year 1992 or any fiscal year thereafter may be transferred to any account (including through a payment to any Federal or non-Federal trustee) to carry out a negotiated legal settlement or other legal action for a restoration activity under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish and Wildlife Service Resource Protection Act, or for any damage assessment activity: Provided further, That sums provided by any individual or entity before or after the date of enactment of this Act shall remain available until expended and shall not be limited to monetary payments, but may include stocks, bonds, or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary for the restoration of injured resources or to conduct any new damage assessment activity..


116 S2260 RS: Save Our Seas 2.0: Improving Domestic Infrastructure to Prevent Marine Debris Act
U.S. Senate
2019-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 224116th CONGRESS1st SessionS. 2260IN THE SENATE OF THE UNITED STATESJuly 24, 2019Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, Mr. Blumenthal, Mr. Coons, Mr. Murphy, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksSeptember 25, 2019Reported by Mr. Barrasso, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo provide for the improvement of domestic infrastructure in order to prevent marine debris, and
			 for other purposes.

		1.Short title; definitions
 (a)Short titleThis Act may be cited as the Save Our Seas 2.0: Improving Domestic Infrastructure to Prevent Marine Debris Act.
 (b)DefinitionsIn this Act: (1)EPA AdministratorThe term EPA Administrator means the Administrator of the Environmental Protection Agency.
 (2)Indian TribeThe 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.
 (3)Intended use planThe term intended use plan means a plan developed by a State under section 3(c)(1). (4)Nonprofit organizationThe 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.
 (5)Post-consumer materials managementThe term post-consumer materials management means the systems, operation, supervision, and aftercare 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.
 (6)StateThe term State means— (A)a State;
 (B)an Indian Tribe; (C)the District of Columbia; and
 (D)a territory or possession of the United States. (7)State loan fundThe term State loan fund means a post-consumer materials management revolving State loan fund established by a State under section 3(a)(2)(B).
 (8)Under SecretaryThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
				2.Strategy for improving post-consumer materials management and water management
 (a)In generalNot 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 residential recycling infrastructure, particularly for post-consumer materials management that is (at the time of enactment of this Act) not meeting existing national standards, for the purpose of reducing potential leakage of plastic waste and other post-consumer materials into waterways and oceans.
 (b)ReleaseOn development of the strategy under subsection (a), the EPA Administrator shall— (1)distribute the strategy to States and units of local government; and
 (2)make the strategy publicly available for use by— (A)for-profit private entities involved in post-consumer materials management; and
 (B)other nongovernmental entities. (c)Sense of CongressIt is the sense of Congress that the strategy under subsection (a) should include guidance, for the purpose of reducing potential leakage of plastic waste and other post-consumer materials into waterways and oceans, relating to—
 (1)the harmonization of post-consumer materials management protocols, such as waste collection and municipal recycling, including—
 (A)best practices for the collection of residential recyclables; (B)improved quality and sorting of residential recyclable materials through opportunities such as—
 (i)education and awareness programs; (ii)improved infrastructure, including new equipment and innovative technologies for processing of recyclable materials;
 (iii)enhanced markets for recycled material; and (iv)standardized measurements; and
 (C)increasing capacity for more types of plastic (including plastic films) and other materials to be collected, processed, and recycled or repurposed into usable materials or products;
 (2)the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance in States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives—
 (A)to improve the capacity, security, and standards of operations for post-consumer materials management;
 (B)to monitor and track how well post-consumer materials management entities are functioning, based on uniform and transparent standards developed in cooperation with municipal, industrial, Federal, and civil society stakeholders;
 (C)(i)to identify the operational challenges of post-consumer materials management; and (ii)to develop policy and programmatic solutions to those challenges; and
 (D)to end intentional and unintentional incentives for municipalities, industries, and individuals to improperly dispose of municipal post-consumer materials; and
 (3)strengthening markets for products with high levels of recycled plastic content. (d)Complementary activitiesIt is the sense of Congress that the strategy developed under subsection (a) should include guidance on activities that are complementary to the activities described in subsection (c), such as—
 (1)reducing waste at the source of the waste, including anti-litter initiatives; (2)developing effective post-consumer materials management provisions for—
 (A)national pollutant discharge elimination system permits issued to municipal separate storm sewer systems under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); and
 (B)stormwater management plans; (3)capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
 (4)providing education and outreach relating to post-consumer materials movement and reduction; and (5)monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices.
				3.Post-consumer materials management State revolving funds
			(a)Block grants to States To establish loan funds
 (1)In generalThe EPA Administrator shall offer to enter into agreements with eligible States to make capitalization block grants, including letters of credit, to the States under this subsection—
 (A)to support improvements to local post-consumer materials management, including municipal recycling programs;
 (B)to assist local waste management authorities in making improvements to local waste management systems—
 (i)to meet waste management standards, particularly with respect to systems falling significantly below national standards, as determined by the EPA Administrator; and
 (ii)to implement the strategy developed under section 2(a);
 (C)to deploy waste interceptor technologies, such as trash wheels and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and (D)for such other purposes as the EPA Administrator determines to be appropriate.
 (2)EligibilityTo be eligible to receive a capitalization block grant under this subsection, a State shall— (A)enter into a capitalization agreement with the EPA Administrator under paragraph (1); and
 (B)establish a post-consumer materials management revolving State loan fund. (3)DepositFunds from a capitalization block grant to a State under this subsection shall be deposited in the State loan fund established by the State.
 (4)PeriodFunds from a capitalization block grant to a State under this subsection shall be available to the State for obligation—
 (A)during the fiscal year for which the funds are authorized; and (B)during the following fiscal year.
 (5)AllotmentFunds made available to carry out this section shall be allotted to States at the discretion of the EPA Administrator.
 (6)ReallotmentAny funds not obligated by a State by the last day of the period for which the block grants are available shall be reallotted in accordance with paragraph (5).
				(b)Use of funds
 (1)In generalAmounts deposited in a State loan fund, including loan repayments and interest earned on the amounts, shall be used only—
 (A)for providing loans or loan guarantees; (B)for outcomes-based or performance payments; or
 (C)as a source of reserve and security for leveraged loans. (2)LimitationsLoans or loan guarantees made by a State under paragraph (1)(A)—
 (A)may be used only for expenditures of a type or category that the EPA Administrator has determined, through guidance, will—
 (i)facilitate compliance with an intended use plan; or (ii)otherwise significantly further the purposes described in subparagraphs (A) through (C) of subsection (a)(1); and
 (B)may not be used for the acquisition of real property or an interest in real property, unless the acquisition is—
 (i)integral to an intended use plan; and (ii)from a willing seller.
						(c)Intended use plans
 (1)In generalAfter providing for public review and comment, each State that has entered into a capitalization agreement under subsection (a)(1) annually shall prepare a plan that identifies the intended uses of the amounts available from the State loan fund of the State.
 (2)ContentsAn intended use plan shall include— (A)a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the intended use plan, including a description of the project;
 (B)a description of how the funds will support disadvantaged communities; (C)an explanation of any local restrictions, such as flow control measures, that restrict access to recyclable materials;
 (D)the criteria and methods established for the use of the funds; and (E)a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund.
 (3)List of projectsEach State, after notice and opportunity for public comment, shall publish, and periodically update, a list of projects in the State that are eligible for assistance under this section, including—
 (A)the priority assigned to each project; and (B)to the maximum extent practicable, the expected funding schedule for each project.
					(d)Fund management
 (1)In generalEach State loan fund shall be established, maintained, and credited with repayments and interest, and the fund corpus shall be available in perpetuity in accordance with this section.
 (2)Investment authorizedTo the extent amounts in the State loan fund of a State are not required for current obligation or expenditure, the amounts shall be invested in interest bearing obligations.
 (e)State contributionsEach capitalization agreement entered into under subsection (a)(1) shall require that the State deposit in the State loan fund from State funds an amount equal to not less than 20 percent of the total amount of the block grant to be made to the State on or before the date on which the block grant payment is made to the State.
			(f)Administration of State loan fund
 (1)In generalEach State annually may use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act.
 (2)Guidance and regulationsThe EPA Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations—
 (A)to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law;
 (B)to prevent waste, fraud, and abuse; and (C)to ensure that the States receiving block grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards.
 (3)State reportNot less frequently than every 2 years, each State administering a State loan fund under this section shall submit to the EPA Administrator a report describing the activities carried out under this section, including the findings of the most recent audit of the State loan fund and the entire State allotment.
 (4)AuditsThe EPA Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States in accordance with procedures established by the Comptroller General of the United States.
				(g)Applicability of Federal law
 (1)In generalThe EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a State loan fund 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)AuthorityWith 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.
 (h)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $300,000,000 for each of fiscal years 2020 through 2025.
			4.Grant programs
			(a)Post-Consumer Materials Management Infrastructure Grant Program
 (1)In generalThe EPA Administrator may provide grants to units of local government, Indian Tribes, and local post-consumer materials management entities—
 (A)to assist those entities in making improvements to post-consumer materials management— (i)to meet waste management standards; and
 (ii)to implement the strategy developed under section 2(a); and (B)to support improvements to local post-consumer materials management, including traditional and innovative recycling and reuse technologies and processes for transforming recyclable plastics into commodity-grade materials for use.
 (2)ApplicationsTo 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.
				(b)Drinking water infrastructure grants
 (1)In generalThe EPA Administrator may provide competitive grants to units of local government (including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292))), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in removing plastic waste from drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments.
 (2)PreferenceIn making grants under paragraph (1), the EPA Administrator shall give preference to applicants that—
 (A)seek to improve the removal of microplastics, including microfibers, from drinking water; and (B)have demonstrated prior commitment and success in reducing other pollution sources in drinking water, such as lead and other contaminants.
 (3)ApplicationsTo be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
				(c)Wastewater infrastructure grants
 (1)In generalThe EPA Administrator may provide grants to units of local government (including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292))) and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in removing plastic waste from wastewater.
 (2)PreferenceIn making grants under paragraph (1), the EPA Administrator shall give preference to applicants that—
 (A)seek to improve the removal of microplastics, including microfibers, from wastewater; and (B)have demonstrated prior commitment and success in reducing other pollution sources in wastewater, such as nutrient pollution and other contaminants.
 (3)ApplicationsTo 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 generalThe EPA Administrator may provide grants to political subdivisions of States and units of local government, Indian Tribes, and nonprofit organizations—
 (A)to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives;
 (B)to enforce local post-consumer materials management ordinances; (C)to implement the solid waste provisions of a national pollutant discharge elimination system permit issued to a municipal separate storm sewer system under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342);
 (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)ApplicationsTo 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)Authorization of appropriations
 (1)In generalSubject to paragraph (2), there are authorized to be appropriated, for each of the programs described in this section, $50,000,000 per year for each of fiscal years 2020 through 2025.
				(2)No impact on other Federal funds
 (A)In generalNo funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019.
 (B)Programs describedThe programs referred to in subparagraph (A) are— (i)State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
 (ii)programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a); and
 (iii)State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
						5.Study on repurposing plastic waste in infrastructure
 (a)In generalThe Secretary of Transportation (referred to in this section as the Secretary) and the EPA Administrator shall seek to jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will—
 (1)conduct a study of the feasibility and advisability of innovative uses of plastic waste in roadways, bridges, and other infrastructure; and
 (2)as part of the study under paragraph (1)— (A)identify international examples of—
 (i)the use of materials described in that paragraph; and (ii)projects in which the use of plastic waste has been applied;
 (B)assess the economic benefits, if any, including employment opportunities, to municipalities and States in investing in innovative reuse of plastic waste in infrastructure; and
 (C)if the National Academies consider uses described in that paragraph to be advisable, make recommendations with respect to what Federal testing standards and other barriers may need to be addressed to enable those uses, including with respect to ensuring human health and safety.
 (b)Report requiredNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).
			(c)Grant program
 (1)In generalIf the National Academies consider the innovative uses of plastic waste described in subsection (a)(1) to be advisable, and the Secretary agrees, the Secretary shall establish a grant program to encourage those uses.
 (2)Demonstration projectsIf the Secretary establishes a grant program under paragraph (1), the Secretary shall carry out the grant program by selecting, through a competitive process, not more than 5 projects to demonstrate the uses described in subsection (a)(1), each of which shall be located in a different region of the United States.
 (3)ReportNot later than 180 days after the date on which the last demonstration project, if any, is completed under paragraph (2), the Secretary shall submit to Congress a report summarizing the results of the demonstration projects, including—
 (A)the total quantity of plastic waste redirected from the waste stream into infrastructure; (B)the durability of the infrastructure constructed with plastic waste; and
 (C)any cost savings achieved through the use of plastic waste in the demonstration projects. (d)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
			6.Study on options to advance technologies for converting plastic waste to chemicals, feedstocks, and
			 other products
 (a)In generalThe EPA Administrator shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a study on options to advance technologies (including pyrolysis, hydropyrolysis, methanolysis, gasification, and enzymatic breakdown) for converting plastic waste to useful products, such as chemicals, feedstocks, fuels, and energy.
 (b)InclusionsAs part of the study under subsection (a), the National Academies shall conduct an evaluation of—
 (1)the air emissions associated with technologies described in that subsection; and (2)an evaluation of the ability of those technologies to become cost-competitive with other options for obtaining source materials or producing energy.
 (c)Report requiredNot later than 2 years after the date of the enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a).
			7.Study on effects of microplastics in food supplies and sources of drinking water
 (a)In generalThe 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 requiredNot later than 2 years after the date of the enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes—
 (1)a science-based definition of microplastics that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency;
 (2)recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics;
 (3)(A)an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and
 (B)if the assessment under subparagraph (A) is positive— (i)the extent to which microplastics are present in the food supplies and sources of drinking water; and
 (ii)an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water;
 (4)an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes—
 (A)an identification of the most significant sources of those microplastics; and (B)a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and
 (5)a measurement of— (A)the quantity of environmental chemicals that absorb to microplastics; and
 (B)the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water.
 (c)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section. 8.Report on eliminating barriers to increase the collection of recyclable materialsNot 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, technological, resource availability, or other barriers to increasing the collection of recyclable materials; and
 (2)recommendations to overcome the barriers described under paragraph (1). 9.Report on economic incentives to spur development of new end-use markets for recycled plasticsNot later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of additional new end-use markets for recyclable plastics (including plastic film), including the use of increased recycled content by manufacturers in the production of plastic goods and packaging.

		1.Short title; definitions
 (a)Short titleThis Act may be cited as the Save Our Seas 2.0: Improving Domestic Infrastructure to Prevent Marine Debris Act.
 (b)DefinitionsIn this Act: (1)EPA AdministratorThe term EPA Administrator means the Administrator of the Environmental Protection Agency.
 (2)Indian TribeThe 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.
 (3)Nonprofit organizationThe 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.
 (4)Post-consumer materials managementThe 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.
 (5)StateThe 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).
 (6)Under SecretaryThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
				2.Strategy for improving post-consumer materials management and water management
 (a)In generalNot 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)ReleaseOn development of the strategy under subsection (a), the EPA Administrator shall— (1)distribute the strategy to States; and
 (2)make the strategy publicly available for use by— (A)for-profit private entities involved in post-consumer materials management; and
 (B)other nongovernmental entities. 3.Sense of the Senate for issues to be included in strategy for post-consumer materials management and water managementIt is the sense of the Senate that the strategy under section 2 should address, for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans—
 (1)the harmonization of post-consumer materials management protocols, including— (A)best practices for the collection of post-consumer recyclables;
 (B)improved quality and sorting of post-consumer recyclable materials through opportunities such as— (i)education and awareness programs;
 (ii)improved infrastructure, including new equipment and innovative technologies for processing of recyclable materials;
 (iii)enhanced markets for recycled material; and (iv)standardized measurements; and
 (C)increasing capacity, where practicable, for more types of plastic (including plastic films) and other materials to be collected, processed, and recycled or repurposed into usable materials or products;
 (2)the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives—
 (A)to improve operations for post-consumer materials management; (B)to monitor how well post-consumer materials management entities are functioning;
 (C)(i)to identify the operational challenges of post-consumer materials management; and (ii)to develop policy and programmatic solutions to those challenges; and
 (D)to end intentional and unintentional incentives to improperly dispose of post-consumer materials; (3)strengthening markets for products with high levels of recycled plastic content; and
 (4)the consideration of complementary activities, such as— (A)reducing waste at the source of the waste, including anti-litter initiatives;
 (B)developing effective post-consumer materials management provisions in stormwater management plans; (C)capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
 (D)providing education and outreach relating to post-consumer materials movement and reduction; (E)monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices; and
 (F)incentives for manufacturers to design packaging and consumer goods that can more easily be recycled, repurposed, or otherwise removed from the waste stream after their initial use.
				4.Grant programs
			(a)Post-Consumer Materials Management Infrastructure Grant Program
 (1)In generalThe EPA Administrator may provide grants to States, as defined in section 1(b)(5), to implement the strategy developed under section 2(a) and—
 (A)to support improvements to local post-consumer materials management, including municipal recycling programs;
 (B)to assist local waste management authorities in making improvements to local waste management systems;
 (C)to deploy waste interceptor technologies, such as trash wheels and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and (D)for such other purposes as the EPA Administrator determines to be appropriate.
 (2)ApplicationsTo 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 applicationsIn developing application requirements, the EPA Administrator shall consider requesting that a State applicant provide—
 (A)a description of the project or projects to be carried out by entities receiving the grant; (B)a description of how the funds will support disadvantaged communities; and
 (C)an explanation of any limitations, such as flow control measures, that restrict access to recyclable materials.
 (4)Report to CongressNot later than January 1, 2023, the EPA Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
 (A)a description of the activities carried out under this subsection; (B)estimates as to how much plastic waste was prevented from entering the oceans and other waterways as a result of activities funded by the grant; and
 (C)a recommendation on the utility of evolving the grant program into a new waste management State revolving fund.
					(b)Drinking water infrastructure grants
 (1)In generalThe EPA Administrator may provide competitive grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in removing plastic waste and post-consumer materials, including microplastics and microfibers, from drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments.
 (2)ApplicationsTo be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
				(c)Wastewater infrastructure grants
 (1)In generalThe EPA Administrator may provide grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in removing plastic waste and post-consumer materials, including microplastics and microfibers, from wastewater.
 (2)ApplicationsTo 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 generalThe EPA Administrator may provide grants to units of local government, Indian Tribes, and nonprofit organizations—
 (A)to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives;
 (B)to enforce local post-consumer materials management ordinances; (C)to implement State or local policies relating to solid waste;
 (D)to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
 (E)to provide education and outreach about post-consumer materials movement and reduction; and (F)to monitor or model flows of post-consumer materials, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of plastic waste and other post-consumer materials in sources of drinking water.
 (2)ApplicationsTo be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
				(e)Applicability of Federal law
 (1)In generalThe 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)AuthorityWith respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
 (f)Limitation on use of fundsA grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of the Internal Revenue Code of 1986.
			(g)Authorization of appropriations
 (1)In generalSubject to paragraph (2), there are authorized to be appropriated— (A)for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and
 (B)for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.
					(2)No impact on other Federal funds
 (A)In generalNo funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019.
 (B)Programs describedThe programs referred to in subparagraph (A) are— (i)State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
 (ii)programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a); and
 (iii)State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
						5.Study on repurposing plastic waste in infrastructure
 (a)In generalThe Secretary of Transportation (referred to in this section as the Secretary) and the EPA Administrator shall jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will—
 (1)conduct a study on the uses of plastic waste in infrastructure; and (2)as part of the study under paragraph (1)—
 (A)identify domestic and international examples of— (i)the use of plastic waste materials described in that paragraph;
 (ii)infrastructure projects in which the use of plastic waste has been applied; and (iii)projects in which the use of plastic waste has been incorporated into or with other infrastructure materials;
 (B)assess— (i)the effectiveness and utility of the uses of plastic waste described in that paragraph;
 (ii)the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards;
 (iii)relevant impacts of plastic waste materials compared to non-waste plastic materials; (iv)the health, safety, and environmental impacts of—
 (I)plastic waste on humans and animals; and (II)the increased use of plastic waste for infrastructure;
 (v)the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and
 (vi)plastic waste in infrastructure through an economic analysis; and (C)make recommendations with respect to what standards or matters may need to be addressed with respect to ensuring human and animal health and safety from the use of plastic waste in infrastructure.
 (b)Report requiredNot 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).
			6.Study on effects of microplastics in food supplies and sources of drinking water
 (a)In generalThe 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 requiredNot later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes—
 (1)a science-based definition of microplastics that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency;
 (2)recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics;
 (3)(A)an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and
 (B)if the assessment under subparagraph (A) is positive— (i)the extent to which microplastics are present in the food supplies and sources of drinking water; and
 (ii)an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water;
 (4)an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes—
 (A)an identification of the most significant sources of those microplastics; and (B)a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and
 (5)a measurement of— (A)the quantity of environmental chemicals that absorb to microplastics; and
 (B)the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water.
 7.Report on eliminating barriers to increase the collection of recyclable materialsNot later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing—
 (1)the economic, educational, technological, resource availability, legal, or other barriers to increasing the collection, processing, and use of recyclable materials; and
 (2)recommendations to overcome the barriers described under paragraph (1). 8.Report on economic incentives to spur development of new end-use markets for recycled plasticsNot later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of additional new end-use markets for recyclable plastics (including plastic film), including the use of increased recycled content by manufacturers in the production of plastic goods and packaging.September 25, 2019Reported with an amendment