[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