PUBLIC LAW 116–224—DEC. 18, 2020 SAVE OUR SEAS 2.0 ACT VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 1072 PUBLIC LAW 116–224—DEC. 18, 2020 Public Law 116–224 116th Congress An Act 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 Subtitle A—Amendments to the Marine Debris Act Sec. 101. Amendments to the Marine Debris Act. Subtitle B—Marine Debris Foundation Sec. 111. Establishment and purposes of Foundation. Sec. 112. Board of Directors of the Foundation. Sec. 113. Rights and obligations of the Foundation. Sec. 114. Administrative services and support. Sec. 115. Volunteer status. Sec. 116. Report requirements; petition of attorney general for equitable relief. Sec. 117. United States release from liability. Sec. 118. Authorization of appropriations. Sec. 119. Termination of authority. Subtitle C—Genius Prize for Save Our Seas Innovations Sec. 121. Definitions. Sec. 122. Genius Prize for Save Our Seas Innovations. Sec. 123. Agreement with the Marine Debris Foundation. Sec. 124. Judges. Sec. 125. Report to Congress. Sec. 126. Authorization of appropriations. Sec. 127. Termination of authority. Subtitle D—Studies, Pilot Projects, and Reports Sec. 131. Report on opportunities for innovative uses of plastic waste. Sec. 132. Report on microfiber pollution. Sec. 133. Study on United States plastic pollution data. Sec. 134. Study on mass balance methodologies to certify circular polymers. Sec. 135. Report on sources and impacts of derelict fishing gear. Sec. 136. Expansion of derelict vessel recycling. Sec. 137. Incentive for fishermen to collect and dispose of plastic found at sea. TITLE II—ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS Sec. 201. Statement of policy on international cooperation to combat marine debris. Sec. 202. Prioritization of efforts and assistance to combat marine debris and im- prove plastic waste management. Sec. 203. United States leadership in international fora. 33 USC 4201 note. Save Our Seas 2.0 Act. Dec. 18, 2020 [S. 1982] VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 1073 PUBLIC LAW 116–224—DEC. 18, 2020 Sec. 204. Enhancing international outreach and partnership of United States agen- cies involved in marine debris activities. Sec. 205. Negotiation of new international agreements. Sec. 206. Consideration of marine debris in negotiating international agreements. TITLE III—IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS Sec. 301. Strategy for improving post-consumer materials management and water management. Sec. 302. Grant programs. Sec. 303. Study on repurposing plastic waste in infrastructure. Sec. 304. Study on effects of microplastics in food supplies and sources of drinking water. Sec. 305. Report on eliminating barriers to increase the collection of recyclable ma- terials. Sec. 306. Report on economic incentives to spur development of new end-use mar- kets for recycled plastics. Sec. 307. Report on minimizing the creation of new plastic waste. 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 activi- ties to maintain their highest values for as long as possible; and (C) aim for the elimination of waste through the supe- rior 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 COM- MITTEE.—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— 33 USC 4201 note. VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 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 Self- Determination and Education Assistance Act (25 U.S.C. 5304)); (E) a foreign government; (F) a private for-profit entity; (G) a nonprofit organization; or (H) a private individual. (8) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit organization’’ means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (9) POST-CONSUMER MATERIALS MANAGEMENT.—The term ‘‘post-consumer materials management’’ means the systems, operation, supervision, and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including— (A) collection; (B) transport; (C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and (D) systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refur- bished. (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 jurisdic- tion 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 1958. 33 USC 1951. VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 1075 PUBLIC LAW 116–224—DEC. 18, 2020 (3) by adding at the end the following: ‘‘SEC. 10. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVA- TION AND ENTREPRENEURSHIP PROGRAMS. ‘‘In carrying out any relevant innovation and entrepreneurship programs that improve the innovation, effectiveness, and efficiency of the Marine Debris Program established under section 3 without undermining the purpose for which such program was established, the Secretary of Commerce, the Secretary of Energy, the Adminis- trator 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. (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 Adminis- tration 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 Com- merce, administer the Genius Prize for Save Our Seas Innova- tion as described in title II; and (5) to support other Federal actions to reduce marine debris. SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. (a) ESTABLISHMENT AND MEMBERSHIP.— 33 USC 4212. 33 USC 4211. 33 USC 1959. VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 1076 PUBLIC LAW 116–224—DEC. 18, 2020 (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 assess- ment, 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 con- sulting 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 Environ- mental and Scientific Affairs, and the Administrator of the United States Agency for International Development, and con- sidering the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the cri- teria 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 POSI- TIONS.—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. Deadline. VerDate Sep 11 2014 07:47 Jan 08, 2021 Jkt 019139 PO 00224 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL224.116 PUBL224 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 1077 PUBLIC LAW 116–224—DEC. 18, 2020 (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 th [Text truncated for display. Full text available on Congress.gov.]