109 HR 886 RH: Save Our Seas 2.0 Amendments Act U.S. House of Representatives 2023-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Union Calendar No. 154118th CONGRESS1st Session

H. R. 886

[Report No. 118–167, Parts I and II]

IN THE HOUSE OF REPRESENTATIVES

February 9, 2023

Ms. Bonamici (for herself, Mrs. González-Colón, 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.

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 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.

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.

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 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)).

Short title

This Act may be cited as the

Save Our Seas 2.0 Amendments Act

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

(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.

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

(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

Use of resources

(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).

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