[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 886 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 154
118th CONGRESS
  1st Session
                                H. R. 886

                  [Report No. 118-167, Parts I and II]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2023

   Ms. Bonamici (for herself, Mrs. Gonzalez-Colon, Ms. Pingree, Mr. 
    Casten, Mr. Lieu, Mr. Huffman, and Mrs. Peltola) introduced the 
 following bill; which was referred to the Committee on Transportation 
    and Infrastructure, and in addition to the Committee on Natural 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                            August 25, 2023

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            August 25, 2023

 Referral to the Committee on Natural Resources extended for a period 
                ending not later than September 30, 2023

                           September 8, 2023

        Additional sponsors: Mr. Case, Ms. Porter, and Ms. Eshoo

                           September 8, 2023

  Reported from the Committee on Natural Resources with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 9, 2023]


_______________________________________________________________________

                                 A BILL


 
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,

SEC. 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 Administrator may contribute on an in-kind basis the 
        portion of the costs of the project that the Administrator 
        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 Administrator, 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 Administrator, 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) in paragraph (1) 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,'';
                    (B) in paragraph (3)(A) by inserting ``with the 
                approval of the Secretary of Commerce'' after ``the 
                Board'';
                    (C) in paragraph (5)--
                            (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'';
                    (D) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively; and
                    (E) by inserting after paragraph (1) the following:
            ``(2) Recommendations of board regarding appointments.--For 
        appointments made under paragraph (1) other than the initial 
        appointments, the Board shall submit to the Under Secretary 
        recommendations on candidates for appointment.''.
            (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 shall 
        appoint and may 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 may locate the principal office 
of the Foundation outside the District of Columbia and is encouraged to 
locate that office in 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'';
                    (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''.
    (h) Technical Amendment.--Section 11328(b) of the James M. Inhofe 
National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263) 
is amended by striking ``Maritime'' and inserting ``Marine''.
    (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 C--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 redesignating paragraphs (2), (3), (4), (5), (6), 
        and (7) as paragraphs (6), (7), (8), (12), (13), and (14), 
        respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) 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).
            ``(3) 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.
            ``(4) 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).
            ``(5) Indian tribe.--The term `Indian Tribe' has the 
        meaning given such term in section 2 of the Save Our Seas 2.0 
        Act (Public Law 116-224).'';
            (3) by inserting after paragraph (9), as so redesignated, 
        the following:
            ``(10) 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).
            ``(11) 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).'';
            (4) by inserting after paragraph (14), as so redesignated, 
        the following:
            ``(15) 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).
            ``(16) 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
            (5) in paragraph (14), 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 
        (9).
            (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 (9)(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))''.

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 FOUNDATION.

    (a) Definition of Tribal Organization.--Section 2 of the Save Our 
Seas 2.0 Act (33 U.S.C. 4201) is amended--
            (1) in paragraph (7)(D), by striking ``(as defined'' and 
        all that follows through ``5304))''; and
            (2) by inserting after paragraph (10) the following:
            ``(10A) 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).''.
    (b) Status of Foundation.--Section 111(a) of such Act (33 U.S.C. 
4211(a)) 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 
        such Act (33 U.S.C. 4212(b)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``and considering'' and 
                        inserting ``considering'';
                            (ii) by inserting ``and with the approval 
                        of the Secretary of Commerce,'' after ``by the 
                        Board,''; and
                            (iii) by inserting ``and such other 
                        criteria as the Under Secretary may establish'' 
                        after ``subsection (a)'';
                    (B) in paragraph (3)(A), by inserting ``with the 
                approval of the Secretary of Commerce'' after ``the 
                Board'';
                    (C) in paragraph (5)--
                            (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'';
                    (D) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively; and
                    (E) by inserting after paragraph (1) the following:
            ``(2) Recommendations of board regarding appointments.--For 
        appointments made under paragraph (1) other than the initial 
        appointments, the Board shall submit to the Under Secretary 
        recommendations on candidates for appointment.''.
            (2) General powers.--Section 112(g) of such Act (33 U.S.C. 
        4212(g)) 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 such Act (33 
        U.S.C. 4212) is amended by adding at the end the following:
    ``(h) Chief Executive Officer.--
            ``(1) Appointment; removal; review.--The Board shall 
        appoint and may 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 such Act (33 U.S.C. 
4213(c)(1)) 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 such Act (33 U.S.C. 4213) is 
amended by adding at the end the following:
    ``(g) Principal Office.--The Board may locate the principal office 
of the Foundation outside the District of Columbia and is encouraged to 
locate that office in a coastal State.''.
    (f) Best Practices.--Section 113 of such Act (33 U.S.C. 4213), as 
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 such Act (33 U.S.C. 4218) is 
amended--
            (1) in subsection (a)(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, and 
        foreign government entities''.

SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM OF THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) 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 Administrator may contribute on an in-kind basis the 
        portion of the costs of the project that the Administrator 
        determines represents the amount of benefit the National 
        Oceanic and Atmospheric Administration derives from the 
        project.''.
    (b) 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 Administrator, 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 Administrator, 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.''.
    (c) Definition of Indian Tribe.--Section 7 of such Act (33 U.S.C. 
1956) is amended by inserting after paragraph (1) the following:
            ``(1A) 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).''.
                                                 Union Calendar No. 154

118th CONGRESS

  1st Session

                               H. R. 886

                  [Report No. 118-167, Parts I and II]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           September 8, 2023

  Reported from the Committee on Natural Resources with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed