H.R. 886 – Reading Mode

Calendar No. 346

118th CONGRESS

2d Session

H. R. 886

IN THE SENATE OF THE UNITED STATES

March 12, 2024

Received; read twice and placed on the calendar

AN ACT

To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes.

Short title

This Act may be cited as the Save Our Seas 2.0 Amendments Act.

Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration

(a)

In general

The Marine Debris Act (Public Law 109–449) is amended by inserting before section 3 the following:

NOAA And Coast Guard Programs

(b)

Grants, cooperative agreements, contracts, and other agreements

Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended—

(1)

in the subsection heading by striking and contracts and inserting contracts, and other agreements;

(2)

in paragraph (1) by striking and contracts and inserting , contracts, and other agreements;

(3)

in paragraph (2)—

(A)

in subparagraph (B)—

(i)

by striking part of the and inserting part of a; and

(ii)

by inserting or (C) after subparagraph (A); and

(B)

in subparagraph (C) in the matter preceding clause (i) by inserting and except as provided in subparagraph (B) after subparagraph (A); and

(4)

by adding at the end the following:

(7)

In-kind contributions

With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.

(c)

Receipt and expenditure of funds; use of resources

Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end the following:

(e)

Receipt and expenditure of funds

In order to accomplish the purpose set forth in section 2, the Under Secretary, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by—

(1)

any department, agency, or instrumentality of the United States;

(2)

any State or local government (or any political subdivision thereof);

(3)

any Indian tribe;

(4)

any foreign government or international organization;

(5)

any public or private organization; or

(6)

any individual.

(f)

Use of resources

In order to accomplish the purpose set forth in section 2, the Under Secretary, acting through the Program, may use, with consent, with reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of—

(1)

any department, agency, or instrumentality of the United States;

(2)

any State or local government (or any political subdivision thereof);

(3)

any Indian tribe;

(4)

any foreign government or international organization;

(5)

any public or private organization; or

(6)

any individual.

Modifications to the Marine Debris Foundation

(a)

In general

Subtitle B of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 6 of the Marine Debris Act (P.L. 109-449).

(b)

Status of foundation

Section 111(a) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended, in the second sentence, by striking organization and inserting corporation.

(c)

Board of directors

(1)

Appointment, vacancies, and removal

Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—

(A)

by redesignating paragraphs (1) through (5) as paragraphs (2) through (6) respectively;

(B)

by inserting before paragraph (2), as redesignated, the following:

(1)

Recommendations of board regarding appointments

For appointments made under paragraph (2), the Board shall submit to the Under Secretary recommendations on candidates for appointment.

;

(C)

in paragraph (2), as redesignated, in the matter preceding subparagraph (A)—

(i)

by striking and considering and inserting considering; and

(ii)

by inserting and with the approval of the Secretary of Commerce, after by the Board,;

(D)

in paragraph (4)(A), as redesignated, by inserting with the approval of the Secretary of Commerce after the Board;

(E)

by amending paragraph (3), as redesignated, to read as follows:

(3)

Terms

Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.

; and

(F)

in paragraph (6), as redesignated—

(i)

by inserting the Administrator of the United States Agency for International Development, after Service,; and

(ii)

by inserting and with the approval of the Secretary of Commerce after EPA Administrator.

(2)

General powers

Section 112(g) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—

(A)

in paragraph (1)(A) by striking officers and employees and inserting the initial officers and employees; and

(B)

in paragraph (2)(B)(i) by striking its chief operating officer and inserting the chief executive officer of the Foundation.

(3)

Chief executive officer

Section 112 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following:

(h)

Chief executive officer

(1)

Appointment; removal; review

The Board may appoint, remove, and review the performance of the chief executive officer of the Foundation.

(2)

Powers

The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation.

(d)

Powers of foundation

Section 113(c)(1) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended in the matter preceding subparagraph (A)—

(1)

by inserting nonprofit before corporation; and

(2)

by striking acting as a trustee and inserting formed.

(e)

Principal office

Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following:

(g)

Principal office

The Board shall locate the principal office of the Foundation in the National Capital Region, as such term is defined in section 2674(f)(2) of title 10, United States Code, or a coastal shoreline community.

(f)

Best practices

Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act and amended by subsection (e), is further amended by adding at the end the following:

(h)

Best practices

(1)

In general

The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes.

(2)

Requirements

The best practices developed under paragraph (1) shall—

(A)

include a process to support technical assistance and capacity building to improve outcomes; and

(B)

promote an awareness of programs and grants available under this Act.

(g)

Use of funds

Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1) by striking 2024 and inserting 2025 and

(B)

in paragraph (2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities; and

(2)

in subsection (b)(2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities.

(i)

Authorization

Section 9(a) of the Marine Debris Act (33 U.S.C. 1958) is amended by striking fiscal year 2023 and inserting each of fiscal years 2024 and 2025.

Transfers

(a)

Save our seas 2.0 act

Subtitle C of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 119 of the Marine Debris Act (Public Law 109–449) as transferred and redesignated by this Act.

(b)

Marine debris act

The Marine Debris Act (Public Law 109–449) is amended—

(1)

by transferring sections 7, 8, and 9 to appear after section 127, as transferred by this Act, and redesignated as sections 131, 132, and 133, respectively; and

(2)

by inserting before section 131, as so transferred and redesignated, the following:

Administration

Definitions

(a)

In general

Section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended—

(1)

by striking paragraph (1);

(2)

by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively;

(3)

by inserting after paragraph (1) the following:

(1)

Circular economy

The term circular economy has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

(2)

Coastal shoreline community

The term coastal shoreline community means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes.

(3)

EPA administrator

The term EPA Administrator has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

(4)

Indian tribe

The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

;

(4)

by inserting after paragraph (8), as so redesignated, the following:

(9)

Nonprofit organization

The term nonprofit organization has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

(10)

Post consumer materials management

The term post-consumer materials management has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

;

(5)

by inserting after paragraph (13), as so redesignated, the following:

(14)

Tribal organization

The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(15)

Under Secretary

The term Under Secretary has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

; and

(6)

in paragraph (13), as so redesignated—

(A)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and

(B)

by inserting after subparagraph (A) the following:

(B)

Indian Tribe;

(b)

Transfer

(1)

In general

Section 2(7) of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to section 131 of the Marine Debris Act (Public Law 109–449), inserted after paragraph (8) (as redesignated), and redesignated as paragraph (8).

(2)

Redesignation

Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224) is amended by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively.

(c)

Non-federal funds

Paragraph (8)(D) of section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended by striking (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

Conforming amendments

(a)

In general

In sections 1, 2, 3, 4, 6 of the Marine Debris Act, and section 133 of the Marine Debris Act as transferred and so redesignated by this Act, strike Administrator and insert Under Secretary.

(b)

Section 5

In section 5 of the Marine Debris Act strike—

(1)

Administrator of the National Oceanic and Atmospheric Administration and insert Under Secretary; and

(2)

Administrator of the Environmental Protection Agency and insert EPA Administrator .

(c)

Section 123

In section 123, as transferred and so redesignated by this Act, strike title I and insert subtitle B.

(d)

Section 131

(e)

Section 134

Section 134 of the Marine Debris Act, as transferred and so redesignated by this Act, strike Administrator of the Environmental Protection Agency and insert EPA Administrator.

Passed the House of Representatives March 11, 2024.

Kevin F. McCumber,

Clerk.

March 12, 2024

Received; read twice and placed on the calendar