[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 886 Placed on Calendar Senate (PCS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Seas 2.0 Amendments Act''.
SEC. 2. 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:
``Subtitle A--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.''.
SEC. 3. 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''.
SEC. 4. 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:
``Subtitle D--Administration''.
SEC. 5. 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))''.
SEC. 6. 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.--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))''.
(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.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 346
118th CONGRESS
2d Session
H. R. 886
_______________________________________________________________________
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.
_______________________________________________________________________
March 12, 2024
Received; read twice and placed on the calendar