Save Our Seas 2.0 ACT_authorizing statute

PUBLIC LAW 116–224—DEC. 18, 2020

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SAVE OUR SEAS 2.0 ACT

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134 STAT. 1072

PUBLIC LAW 116–224—DEC. 18, 2020

Public Law 116–224
116th Congress
An Act
Dec. 18, 2020
[S. 1982]
Save Our Seas
2.0 Act.
33 USC 4201
note.

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

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Save Our
Seas 2.0 Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—COMBATING MARINE DEBRIS

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Subtitle A—Amendments to the Marine Debris Act
Sec. 101. Amendments to the Marine Debris Act.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.
115.
116.
117.
118.
119.

Subtitle B—Marine Debris Foundation
Establishment and purposes of Foundation.
Board of Directors of the Foundation.
Rights and obligations of the Foundation.
Administrative services and support.
Volunteer status.
Report requirements; petition of attorney general for equitable relief.
United States release from liability.
Authorization of appropriations.
Termination of authority.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

121.
122.
123.
124.
125.
126.
127.

Subtitle C—Genius Prize for Save Our Seas Innovations
Definitions.
Genius Prize for Save Our Seas Innovations.
Agreement with the Marine Debris Foundation.
Judges.
Report to Congress.
Authorization of appropriations.
Termination of authority.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.
135.
136.
137.

Subtitle D—Studies, Pilot Projects, and Reports
Report on opportunities for innovative uses of plastic waste.
Report on microfiber pollution.
Study on United States plastic pollution data.
Study on mass balance methodologies to certify circular polymers.
Report on sources and impacts of derelict fishing gear.
Expansion of derelict vessel recycling.
Incentive for fishermen to collect and dispose of plastic found at sea.

TITLE II—ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
Sec. 201. Statement of policy on international cooperation to combat marine debris.
Sec. 202. Prioritization of efforts and assistance to combat marine debris and improve plastic waste management.
Sec. 203. United States leadership in international fora.

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1073

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

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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

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SEC. 2. DEFINITIONS.

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

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33 USC 4201
note.

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134 STAT. 1074

PUBLIC LAW 116–224—DEC. 18, 2020
(A) a State;
(B) an Indian Tribe;
(C) a territory of the United States;
(D) one or more units of local governments or Tribal
organizations (as defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5304));
(E) a foreign government;
(F) a private for-profit entity;
(G) a nonprofit organization; or
(H) a private individual.
(8) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit
organization’’ means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
(9) POST-CONSUMER MATERIALS MANAGEMENT.—The term
‘‘post-consumer materials management’’ means the systems,
operation, supervision, and long-term management of processes
and equipment used for post-use material (including packaging,
goods, products, and other materials), including—
(A) collection;
(B) transport;
(C) safe disposal of waste that cannot be recovered,
reused, recycled, repaired, or refurbished; and
(D) systems and processes related to post-use materials
that can be recovered, reused, recycled, repaired, or refurbished.
(10) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) an Indian Tribe;
(C) the District of Columbia;
(D) a territory or possession of the United States; or
(E) any political subdivision of an entity described
in subparagraphs (A) through (D).
(11) UNDER SECRETARY.—The term ‘‘Under Secretary’’
means the Under Secretary of Commerce for Oceans and
Atmosphere and Administrator of the National Oceanic and
Atmospheric Administration.

TITLE I—COMBATING MARINE DEBRIS
Subtitle A—Amendments to the Marine
Debris Act
SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT.

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

33 USC 1951.

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33 USC 1958.

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1075

(3) by adding at the end the following:
‘‘SEC. 10. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND ENTREPRENEURSHIP PROGRAMS.

33 USC 1959.

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

Subtitle B—Marine Debris Foundation
SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

33 USC 4211.

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

33 USC 4212.

(a) ESTABLISHMENT AND MEMBERSHIP.—

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134 STAT. 1076

(1) IN GENERAL.—The Foundation shall have a governing
Board of Directors (in this title referred to as the ‘‘Board’’),
which shall consist of the Under Secretary and 12 additional
Directors appointed in accordance with subsection (b) from
among individuals who are United States citizens.
(2) REPRESENTATION OF DIVERSE POINTS OF VIEW.—To the
maximum extent practicable, the membership of the Board
shall represent diverse points of view relating to the assessment, prevention, reduction, and removal of marine debris.
(3) NOT FEDERAL EMPLOYEES.—Appointment as a Director
of the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.
(b) APPOINTMENT AND TERMS.—
(1) APPOINTMENT.—Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United
States Fish and Wildlife Service, the Assistant Secretary of
State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the
United States Agency for International Development, and considering the recommendations submitted by the Board, the
Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom—
(A) at least 4 shall be educated or experienced in
the assessment, prevention, reduction, or removal of marine
debris, which may include an individual with expertise
in post-consumer materials management or a circular
economy;
(B) at least 2 shall be educated or experienced in
the assessment, prevention, reduction, or removal of marine
debris outside the United States;
(C) at least 2 shall be educated or experienced in
ocean and coastal resource conservation science or policy;
and
(D) at least 2 shall be educated or experienced in
international trade or foreign policy.
(2) TERMS.—
(A) IN GENERAL.—Any Director appointed after the
initial appointments are made under subparagraph (B)
(other than the Under Secretary), shall be appointed for
a term of 6 years.
(B) INITIAL APPOINTMENTS TO NEW MEMBER POSITIONS.—Of the Directors appointed by the Under Secretary
under paragraph (1), the Under Secretary shall appoint,
not later than 180 days after the date of the enactment
of this Act—
(i) 4 Directors for a term of 6 years;
(ii) 4 Directors for a term of 4 years; and
(iii) 4 Directors for a term of 2 years.
(3) VACANCIES.—
(A) IN GENERAL.—The Under Secretary shall fill a
vacancy on the Board.
(B) TERM OF APPOINTMENTS TO FILL UNEXPIRED
TERMS.—An individual appointed to fill a vacancy that
occurs before the expiration of the term of a Director shall
be appointed for the remainder of the term.

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Deadline.

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1077

(4) REAPPOINTMENT.—An individual shall not serve more
than 2 consecutive terms as a Director, excluding any term
of less than 6 years.
(5) CONSULTATION BEFORE REMOVAL.—The Under Secretary
may remove a Director from the Board only after consultation
with the Assistant Secretary of State for the Bureau of Oceans
and International Environmental and Scientific Affairs, the
Director of the United States Fish and Wildlife Service, and
the EPA Administrator.
(c) CHAIRMAN.—The Chairman shall be elected by the Board
from its members for a 2-year term.
(d) QUORUM.—A majority of the current membership of the
Board shall constitute a quorum for the transaction of business.
(e) MEETINGS.—The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly
scheduled meetings, that individual may be removed from the Board
and that vacancy filled in accordance with subsection (b).
(f) REIMBURSEMENT OF EXPENSES.—Members of the Board shall
serve without pay, but may be reimbursed for the actual and
necessary traveling and subsistence expenses incurred by them
in the performance of the duties of the Foundation.
(g) GENERAL POWERS.—
(1) IN GENERAL.—The Board may complete the organization
of the Foundation by—
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with
the purposes of the Foundation and the provisions of this
title; and
(C) undertaking of other such acts as may be necessary
to carry out the provisions of this title.
(2) LIMITATIONS ON APPOINTMENT.—The following limitations apply with respect to the appointment of officers and
employees of the Foundation:
(A) Officers and employees may not be appointed until
the Foundation has sufficient funds to pay them for their
service. Officers and employees of the Foundation shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates.
(B) The first officer or employee appointed by the Board
shall be the Secretary of the Board who—
(i) shall serve, at the direction of the Board, as
its chief operating officer; and
(ii) shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction,
and removal of marine debris.

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SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

33 USC 4213.

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

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Notice.

Deadline.

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(3) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.
(b) SERVICE OF PROCESS.—The serving of notice to, or service
of process upon, the agent required under subsection (a)(3), or
mailed to the business address of such agent, shall be deemed
as service upon or notice to the Foundation.
(c) POWERS.—
(1) IN GENERAL.—To carry out its purposes under section
111, the Foundation shall have, in addition to the powers
otherwise given it under this title, the usual powers of a corporation acting as a trustee in the District of Columbia,
including the power—
(A) to accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, either absolutely or in
trust, of real or personal property or any income therefrom
or other interest therein;
(B) to acquire by purchase or exchange any real or
personal property or interest therein;
(C) to invest any funds provided to the Foundation
by the Federal Government in obligations of the United
States or in obligations or securities that are guaranteed
or insured by the United States;
(D) to deposit any funds provided to the Foundation
by the Federal Government into accounts that are insured
by an agency or instrumentality of the United States;
(E) to make use of any interest or investment income
that accrues as a consequence of actions taken under
subparagraph (C) or (D) to carry out the purposes of the
Foundation;
(F) to use Federal funds to make payments under
cooperative agreements to provide substantial long-term
benefits for the assessment, prevention, reduction, and
removal of marine debris;
(G) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(H) to borrow money and issue bonds, debentures, or
other debt instruments;
(I) to sue and be sued, and complain and defend itself
in any court of competent jurisdiction, except that the
Directors of the Foundation shall not be personally liable,
except for gross negligence;
(J) to enter into contracts or other arrangements with,
or provide financial assistance to, public agencies and private organizations and persons and to make such payments
as may be necessary to carry out its functions; and
(K) to do any and all acts necessary and proper to
carry out the purposes of the Foundation.
(2) NON-FEDERAL CONTRIBUTIONS TO THE FUND.—A gift,
devise, or bequest may be accepted by the Foundation without
regard to whether the gift, devise, or bequest is encumbered,
restricted, or subject to beneficial interests of private persons
if any current or future interest in the gift, devise, or bequest
is for the benefit of the Foundation.
(d) NOTICE TO MEMBERS OF CONGRESS.—The Foundation may
not make a grant of Federal funds in an amount greater than
$100,000 unless, by not later than 15 days before the grant is

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1079

made, the Foundation provides notice of the grant to the Member
of Congress for the congressional district in which the project to
be funded with the grant will be carried out.
(e) COORDINATION OF INTERNATIONAL EFFORTS.—Any efforts
of the Foundation carried out in a foreign country, and any grants
provided to an individual or entity in a foreign country, shall
be made only with the concurrence of the Secretary of State, in
consultation, as appropriate, with the Administrator of the United
States Agency for International Development.
(f) CONSULTATION WITH NOAA.—The Foundation shall consult
with the Under Secretary during the planning of any restoration
or remediation action using funds resulting from judgments or
settlements relating to the damage to trust resources of the National
Oceanic and Atmospheric Administration.
SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.

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

Consultation.

33 USC 4214
note.
Time period.
Effective date.

33 USC 4215.

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

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

33 USC 4216.

(a) REPORT.—The Foundation shall, as soon as practicable after
the end of each fiscal year, transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Energy and Commerce of the
House of Representatives a report—
(1) describing the proceedings and activities of the Foundation during that fiscal year, including a full and complete
statement of its receipts, expenditures, and investments; and
(2) including a detailed statement of the recipient, amount,
and purpose of each grant made by the Foundation in the
fiscal year.
(b) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR
FAILURE TO ACT.—If the Foundation—
(1) engages in, or threatens to engage in, any act, practice,
or policy that is inconsistent with its purposes set forth in
section 111(b); or
(2) refuses, fails, or neglects to discharge its obligations
under this title, or threatens to do so,

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134 STAT. 1080

PUBLIC LAW 116–224—DEC. 18, 2020

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

33 USC 4217.

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

33 USC 4218.

Time period.
Effective date.

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33 USC 4219.

(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Department of Commerce to carry out this title
$10,000,000 for each of fiscal years 2021 through 2024.
(2) USE OF APPROPRIATED FUNDS.—Subject to paragraph
(3), amounts made available under paragraph (1) shall be provided to the Foundation to match contributions (whether in
currency, services, or property) made to the Foundation, or
to a recipient of a grant provided by the Foundation, by private
persons and State and local government agencies.
(3) PROHIBITION ON USE FOR ADMINISTRATIVE EXPENSES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), no Federal funds made available under paragraph
(1) may be used by the Foundation for administrative
expenses of the Foundation, including for salaries, travel
and transportation expenses, and other overhead expenses.
(B) EXCEPTION.—The Secretary may allow the use of
Federal funds made available under paragraph (1) to pay
for salaries during the 18-month period beginning on the
date of the enactment of this Act.
(b) ADDITIONAL AUTHORIZATION.—
(1) IN GENERAL.—In addition to the amounts made available under subsection (a), the Foundation may accept Federal
funds from a Federal agency under any other Federal law
for use by the Foundation to further the assessment, prevention,
reduction, and removal of marine debris in accordance with
the requirements of this title.
(2) USE OF FUNDS ACCEPTED FROM FEDERAL AGENCIES.—
Federal funds provided to the Foundation under paragraph
(1) shall be used by the Foundation for matching, in whole
or in part, contributions (whether in currency, services, or
property) made to the Foundation by private persons and State
and local government agencies.
(c) PROHIBITION ON USE OF GRANT AMOUNTS FOR LITIGATION
AND LOBBYING EXPENSES.—Amounts provided as a grant by the
Foundation shall not be used for—
(1) any expense related to litigation consistent with Federal-wide cost principles; or
(2) any activity the purpose of which is to influence legislation pending before Congress consistent with Federal-wide cost
principles.
SEC. 119. TERMINATION OF AUTHORITY.

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

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134 STAT. 1081

Subtitle C—Genius Prize for Save Our Seas
Innovations
SEC. 121. DEFINITIONS.

33 USC 4231.

In this subtitle:
(1) PRIZE COMPETITION.—The term ‘‘prize competition’’
means the competition for the award of the Genius Prize for
Save Our Seas Innovations established under section 122.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.

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

33 USC 4232.

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

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(B) are to be used in fishing gear or other maritime
products that have an increased likelihood of entering the
coastal or ocean environment as unintentional waste.

33 USC 4233.

Consultation.

Consultation.
Criteria.

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Consultation.
Criteria.

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SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION.

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

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

Determination.
Notification.

33 USC 4234.

(a) APPOINTMENT.—The Secretary shall appoint not fewer than
3 judges who shall, except as provided in subsection (b), select
the 1 or more annual winners of the prize competition.
(b) DETERMINATION BY THE SECRETARY.—The judges appointed
under subsection (a) shall not select any annual winner of the
prize competition if the Secretary makes a determination that,
in any fiscal year, none of the technological advancements entered
into the prize competition merits an award.
SEC. 125. REPORT TO CONGRESS.

33 USC 4235.

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

33 USC 4236.

Of the amounts authorized under section 118(a), the Secretary
of Commerce shall use up to $1,000,000 to carry out this subtitle.

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SEC. 127. TERMINATION OF AUTHORITY.

33 USC 4237.

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

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Subtitle D—Studies, Pilot Projects, and
Reports
SEC. 131. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF
PLASTIC WASTE.

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

Assessment.
Recommendations.
Recommendations.
Plan.
Time period.
Effective date.

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

Consultation.
Contracts.

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Recommendations.

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

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134 STAT. 1085

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

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

Assessments.

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SEC. 135. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING
GEAR.

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

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Analysis.

Evaluation.

Recommendations.

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(4) an assessment of the cost of implementing such management measures; and
(5) an assessment of the impact of fishing gear loss attributable to foreign countries.

Assessment.
Assessment.
Deadline.
Study.
Determination.

SEC. 136. EXPANSION OF DERELICT VESSEL RECYCLING.

33 USC 4251.

SEC. 137. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF
PLASTIC FOUND AT SEA.

Assessment.
Grants.

(a) IN GENERAL.—The Under Secretary shall establish a pilot
program to assess the feasibility and advisability of providing incentives, such as grants, to fishermen based in the United States
who incidentally capture marine debris while at sea—
(1) to track or keep the debris on board; and
(2) to dispose of the debris properly on land.
(b) SUPPORT FOR COLLECTION AND REMOVAL OF DERELICT
GEAR.—The Under Secretary shall encourage United States efforts,
such as the Fishing for Energy net disposal program, that support—
(1) collection and removal of derelict fishing gear and other
fishing waste;
(2) disposal or recycling of such gear and waste; and
(3) prevention of the loss of such gear.

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

TITLE II—ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS

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33 USC 4261.

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

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

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

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

33 USC 4262.

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

Coordination.

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PUBLIC LAW 116–224—DEC. 18, 2020
(i) improve the capacity, security, and standards
of operations of post-consumer materials management
systems;
(ii) monitor and track how well post-consumer
materials management systems are functioning nationwide, based on uniform and transparent standards
developed in cooperation with municipal, industrial,
and civil society stakeholders;
(iii) identify the operational challenges of postconsumer materials management systems and develop
policy and programmatic solutions;
(iv) end intentional or unintentional incentives for
municipalities, industries, and individuals to improperly dispose of plastic waste; and
(v) conduct outreach campaigns to raise public
awareness of the importance of proper waste disposal
and the reduction of plastic waste;
(B) to facilitate the involvement of municipalities and
industries in improving solid waste reduction, collection,
disposal, and reuse and recycling projects, programs, and
initiatives;
(C) to partner with and provide technical assistance
to investors, and national and local institutions, including
private sector actors, to develop new business opportunities
and solutions to specifically reduce plastic waste and
expand solid waste and post-consumer materials management best practices in foreign countries by—
(i) maximizing the number of people and
businesses, in both rural and urban communities,
receiving reliable solid waste and post-consumer materials management services;
(ii) improving and expanding the capacity of foreign industries to responsibly employ post-consumer
materials management practices;
(iii) improving and expanding the capacity and
transparency of tracking mechanisms for marine debris
to reduce the impacts on the marine environment;
(iv) eliminating incentives that undermine responsible post-consumer materials management practices
and lead to improper waste disposal practices and leakage;
(v) building the capacity of countries—
(I) to reduce, monitor, regulate, and manage
waste, post-consumer materials and plastic waste,
and pollution appropriately and transparently,
including imports of plastic waste from the United
States and other countries;
(II) to encourage private investment in postconsumer materials management and reduction;
and
(III) to encourage private investment, grow
opportunities, and develop markets for recyclable,
reusable, and repurposed plastic waste and postconsumer materials, and products with high levels
of recycled plastic content, at both national and
local levels; and

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134 STAT. 1089

(vi) promoting safe and affordable reusable alternatives to disposable plastic products, to the extent
practicable; and
(D) to research, identify, and facilitate opportunities
to promote collection and proper disposal of damaged or
derelict fishing gear.
(b) OFFICIALS SPECIFIED.—The officials specified in this subsection are the following:
(1) The United States Trade Representative.
(2) The Under Secretary.
(3) The EPA Administrator.
(4) The Director of the Trade and Development Agency.
(5) The President and the Board of Directors of the Overseas Private Investment Corporation or the Chief Executive
Officer and the Board of Directors of the United States International Development Finance Corporation, as appropriate.
(6) The Chief Executive Officer and the Board of Directors
of the Millennium Challenge Corporation.
(7) The Commandant of the Coast Guard, with respect
to pollution from ships.
(8) The heads of such other agencies as the Secretary
of State considers appropriate.
(c) PRIORITIZATION.—In carrying out subsection (a), the officials
specified in subsection (b) shall prioritize assistance to countries
with, and regional organizations in regions with—
(1) rapidly developing economies; and
(2) rivers and coastal areas that are the most severe sources
of marine debris, as identified by the best available science.
(d) EFFECTIVENESS MEASUREMENT.—In prioritizing and expediting efforts and assistance under this section, the officials specified
in subsection (b) shall use clear, accountable, and metric-based
targets to measure the effectiveness of guarantees and assistance
in achieving the policy described in section 201.
(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to authorize the modification of or the imposition of
limits on the portfolios of any agency or institution led by an
official specified in subsection (b).

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SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA.

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

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President.
33 USC 4263.

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134 STAT. 1090

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

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Coordination.

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

33 USC 4264.

(a) FINDINGS.—Congress recognizes the success of the marine
debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental
Protection Agency.
(b) AUTHORIZATION OF EFFORTS TO BUILD FOREIGN PARTNERSHIPS.—The Under Secretary and the EPA Administrator shall
work with the Secretary of State and the Administrator of the
United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries
and to support international efforts to combat marine debris.
SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS.

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

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

Reports.
Assessments.

President.
33 USC 4265.

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

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

TITLE III—IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
33 USC 4281.

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

Deadline.
Consultation.

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

Public
information.

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33 USC 4282.

SEC. 302. GRANT PROGRAMS.

(a) POST-CONSUMER MATERIALS MANAGEMENT INFRASTRUCTURE
GRANT PROGRAM.—
(1) IN GENERAL.—The EPA Administrator may provide
grants to States to implement the strategy developed under
section 301(a) and—
(A) to support improvements to local post-consumer
materials management, including municipal recycling programs; and
(B) to assist local waste management authorities in
making improvements to local waste management systems.
(2) APPLICATIONS.—To be eligible to receive a grant under
paragraph (1), the applicant State shall submit to the EPA
Administrator an application at such time, in such manner,
and containing such information as the EPA Administrator
may require.
(3) CONTENTS OF APPLICATIONS.—In developing application
requirements, the EPA Administrator shall consider requesting
that a State applicant provide—
(A) a description of—
(i) the project or projects to be carried out using
grant funds; and
(ii) how the project or projects would result in
the generation of less plastic waste;
(B) a description of how the funds will support disadvantaged communities; and

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1093

(C) an explanation of any limitations, such as flow
control measures, that restrict access to reusable or
recyclable materials.
(4) REPORT TO CONGRESS.—Not later than January 1, 2023,
the EPA Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives
a report that includes—
(A) a description of the activities carried out under
this subsection;
(B) estimates as to how much plastic waste was prevented from entering the oceans and other waterways as
a result of activities funded pursuant to this subsection;
and
(C) a recommendation on the utility of evolving the
grant program into a new waste management State
revolving fund.
(b) DRINKING WATER INFRASTRUCTURE GRANTS.—
(1) IN GENERAL.—The EPA Administrator may provide
competitive grants to units of local government, Indian Tribes,
and public water systems (as defined in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f)) to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from
drinking water or sources of drinking water, including planning,
design, construction, technical assistance, and planning support
for operational adjustments.
(2) APPLICATIONS.—To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may
require.
(c) WASTEWATER INFRASTRUCTURE GRANTS.—
(1) IN GENERAL.—The EPA Administrator may provide
grants to municipalities (as defined in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362)) or Indian Tribes
that own and operate treatment works (as such term is defined
in section 212 of such Act (33 U.S.C. 1292)) for the construction
of improvements to reduce and remove plastic waste and postconsumer materials, including microplastics and microfibers,
from wastewater.
(2) APPLICATIONS.—To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may
require.
(d) TRASH-FREE WATERS GRANTS.—
(1) IN GENERAL.—The EPA Administrator may provide
grants to units of local government, Indian Tribes, and nonprofit organizations—
(A) to support projects to reduce the quantity of solid
waste in bodies of water by reducing the quantity of waste
at the source, including through anti-litter initiatives;
(B) to enforce local post-consumer materials management ordinances;

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Estimates.

Recommendations.

Definition.

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134 STAT. 1094

Determination.

PUBLIC LAW 116–224—DEC. 18, 2020

(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 postconsumer materials in sources of drinking water.
(2) APPLICATIONS.—To be eligible to receive a grant under
paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may
require.
(e) APPLICABILITY OF FEDERAL LAW.—
(1) IN GENERAL.—The EPA Administrator shall ensure that
all laborers and mechanics employed on projects funded
directly, or assisted in whole or in part, by a grant established
by this section shall be paid wages at rates not less than
those prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code.
(2) AUTHORITY.—With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(3) REQUIREMENTS.—The requirements of section 608 of
the Federal Water Pollution Control Act (33 U.S.C. 1388) shall
apply to the construction of a project carried out, in whole
or in part, with assistance made available under this section
in the same manner as the requirements of such section apply
with respect to funds made available pursuant to title VI of
such Act.
(f) LIMITATION ON USE OF FUNDS.—A grant under this section
may not be used (directly or indirectly) as a source of payment
(in whole or in part) of, or security for, an obligation the interest
on which is excluded from gross income under section 103 of the
Internal Revenue Code of 1986.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) for the program described subsection (a), $55,000,000
for each of fiscal years 2021 through 2025; and
(2) for each of the programs described subsections (b),
(c), and (d), $10,000,000 for each of fiscal years 2021 through
2025.
SEC. 303. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE.

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Contracts.

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(a) IN GENERAL.—The Secretary of Transportation (referred
to in this section as the ‘‘Secretary’’) and the EPA Administrator
shall jointly enter into an arrangement with the National Academies
of Sciences, Engineering, and Medicine under which the National
Academies will—

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1095

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

Assessment.

Recommendations.

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SEC. 304. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES
AND SOURCES OF DRINKING WATER.

(a) IN GENERAL.—The EPA Administrator, in consultation with
the Under Secretary, shall seek to enter into an arrangement with
the National Academies of Sciences, Engineering, and Medicine
under which the National Academies will conduct a human health
and environmental risk assessment on microplastics, including
microfibers, in food supplies and sources of drinking water.
(b) REPORT REQUIRED.—Not later than 2 years after the date
of enactment of this Act, the EPA Administrator shall submit
to Congress a report on the study conducted under subsection
(a) that includes—
(1) a science-based definition of ‘‘microplastics’’ that can
be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency;
(2) recommendations for standardized monitoring, testing,
and other necessary protocols relating to microplastics;
(3) an assessment of—

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Consultation.
Contracts.

Recommendations.
Assessment.

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134 STAT. 1096

PUBLIC LAW 116–224—DEC. 18, 2020
(A) the extent to which microplastics are present in
the food supplies and sources of drinking water; and
(B) the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water,
including—
(i) an identification of the most significant sources
of those microplastics; and
(ii) a review of the best available science to determine any potential hazards of microplastics in the
food supplies and sources of drinking water; and
(4) a measurement of—
(A) the quantity of environmental chemicals that
adsorb to microplastics; and
(B) the quantity described in subparagraph (A) that
would be available for human exposure through food supplies or sources of drinking water.

Review.

SEC. 305. REPORT ON ELIMINATING BARRIERS TO INCREASE THE
COLLECTION OF RECYCLABLE MATERIALS.

Recommendations.

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

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

Estimates.

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Assessment.

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

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PUBLIC LAW 116–224—DEC. 18, 2020

134 STAT. 1097

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

Assessment.

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Approved December 18, 2020.

LEGISLATIVE HISTORY—S. 1982:
CONGRESSIONAL RECORD, Vol. 166 (2020):
Jan. 9, considered and passed Senate.
Oct. 1, considered and passed House, amended.
Dec. 1, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Dec. 18, Presidential statement.

Æ

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PUBL224