[House Report 118-167]
[From the U.S. Government Publishing Office]


118th Congress  }                                        {  Rept. 118-167
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                        {       Part 1

======================================================================



 
                    SAVE OUR SEAS 2.0 AMENDMENTS ACT

                                _______
                                

                August 25, 2023.--Ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 886]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 886) 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                  Pages
Purpose of Legislation...........................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     5
Legislative History and Consideration............................     6
Committee Votes..................................................     6
Committee Oversight Findings and Recommendations.................     7
New Budget Authority and Tax Expenditures........................     7
Congressional Budget Office Cost Estimate........................     7
Performance Goals and Objectives.................................     9
Duplication of Federal Programs..................................    10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    10
Federal Mandates Statement.......................................    10
Preemption Clarification.........................................    10
Advisory Committee Statement.....................................    10
Applicability to Legislative Branch..............................    10
Section-By-Section Analysis of The Legislation...................    10
    Section 1. Short Title.......................................    10
    Section 2. Modifications to the Marine Debris Program of the 
      National Oceanic and Atmospheric Administration............    10
    Section 3. Modifications to the Marine Debris Foundation.....    11
    Section 4. Transfers.........................................    11
    Section 5. Definitions.......................................    11
Changes in Existing Law Made by the Bill, as Reported............    11

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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))''.

                         Purpose of Legislation

    The purpose of H.R. 886, as amended, is to amend the Marine 
Debris Act to improve the administration of the National 
Oceanic and Atmospheric Administration's Marine Debris Program 
and the Marine Debris Foundation.

                  Background and Need for Legislation

    This legislation seeks to expand upon efforts to address 
the issue of marine debris in United States' waters and builds 
upon related past legislation, including the Marine Debris Act, 
and the Save Our Seas 2.0 Act of 2020 (P.L. 116-224).
    The Marine Debris Act was signed into law in 2006, in order 
to strengthen efforts to identify, determine sources of, 
assess, prevent, reduce, and remove marine debris and address 
the adverse impacts of marine debris on the economy of the 
United States, the marine environment, and navigation 
safety.\1\ The legislation established the Marine Debris 
Prevention and Removal Program at National Oceanic and 
Atmospheric Administration's (NOAA's) and directed the Agency 
to take actions to better track, address, and prevent the 
accumulation of marine debris.\2\
---------------------------------------------------------------------------
    \1\Marine Debris Research, Prevention, and Reduction Act, Pub. L. 
No. 109-449.
    \2\Id.
---------------------------------------------------------------------------
    The Marine Debris Act has been amended several times; 
including initially by the Coast Guard and Maritime 
Transportation Act of 2012 to clarify authorities of the 
program at NOAA.\3\ In 2018, the Save Our Seas Act of 2018 
reauthorized the Marine Debris Act for four years, promoted 
coordination with international organizations to reduce marine 
debris, and authorized the response to severe marine debris 
events.\4\ In 2020, the Save Our Seas 2.0 Act further promoted 
responding to marine debris by enhancing domestic programs, 
international engagement, and domestic infrastructure for 
prevention.\5\
---------------------------------------------------------------------------
    \3\Coast Guard and Maritime Transportation Act of 2012, Pub. L. No. 
112-213.
    \4\Save Our Seas Act of 2018, Pub. L. No. 115-265.
    \5\Save Our Seas 2.0 Act, Pub. L. No. 116-224.
---------------------------------------------------------------------------
    However, marine debris continues to be an ongoing concern 
as an estimated eight million tons of plastics enter our oceans 
each year.\6\ Therefore, this bill will help build upon past 
legislative efforts to further protect United States' water 
from the issue of marine debris.
---------------------------------------------------------------------------
    \6\Marine Debris, Hearing before the Subcomm. On Interior, 
Environment, and Related Agencies of the H. Comm on Appropriations, 
116th Cong. (2019) (Statement of Stephen Guertin), 
available at https://www.doi.gov/ocl/marine-debris-
impacts#::text=The%20National%20
Oceanic%20and%20Atmospheric,deepest%20parts%20of%20our%20ocean.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following hearing was used to develop or 
consider H.R. 886:
    On March 23, 2023, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing entitled, ``Review of 
Fiscal Year 2024 Budget Request for Federal Maritime 
Transportation Programs, and Implementation of the Ocean 
Shipping Reform Act of 2022.'' The hearing examined the 
President's Fiscal Year 2024 Budget Request for the Federal 
Maritime Commission and the Maritime Administration. The 
Subcommittee received testimony from Rear Admiral Ann C. 
Phillips (Ret.), Administrator, United States Maritime 
Administration, United States Department of Transportation; the 
Honorable Daniel B. Maffei, Chairman, United States Federal 
Maritime Commission; and Nancy Wallace, Director, Marine Debris 
Program, Office of Response and Restoration, National Ocean 
Service, National Oceanic and Atmospheric Administration, 
United States Department of Commerce.

                 Legislative History and Consideration

    H.R. 886, the ``Save Our Seas 2.0 Amendments Act,'' was 
introduced in the United States House of Representatives on 
February 9, 2023, by Ms. Suzanne Bonamici of Oregon and 
referred to the Committee on Transportation and Infrastructure 
and the Committee on Natural Resources. Within the Committee on 
Transportation and Infrastructure, H.R. 886 was referred to the 
Subcommittee on Coast Guard and Maritime Transportation. The 
Subcommittee on Coast Guard and Maritime Transportation was 
discharged from further consideration of H.R. 886 on May 23, 
2023.
    The Committee considered H.R. 886 on May 23, 2023, and 
ordered the measure to be reported to the House with a 
favorable recommendation, with amendment, by a recorded vote of 
55 yeas to 9 nays.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 886 
offered by Mr. Larsen of Washington (#4A) was AGREED TO by 
voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 886 offered by Mr. Perry (181) (#4B); Strike section 2 
of the bill (and redesignate accordingly).; was NOT AGREED TO 
by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 886 offered by Mr. Perry (182) (#4C); Strike section 3 
of the bill and insert the following: SEC. 3. REPEAL. Subtitle 
B of title I of the Save Our Seas 2.0 Act (Public Law 116-224) 
is repealed.; was NOT AGREED TO by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call Vote No. 009

    On: agreeing to Final passage of H.R. 886, as amended
    Agreed to: 55 yeas and 9 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Yea   Mr. Larsen of WA..................          Yea
Mr. Crawford....................................          Yea   Ms. Norton........................          Yea
Mr. Webster of FL...............................          Yea   Mrs. Napolitano...................  ............
Mr. Massie......................................          Nay   Mr. Cohen.........................          Yea
Mr. Perry.......................................          Nay   Mr. Garamendi.....................          Yea
Mr. Babin.......................................          Nay   Mr. Johnson of GA.................          Yea
Mr. Graves of LA................................          Yea   Mr. Carson........................          Yea
Mr. Rouzer......................................          Yea   Ms. Titus.........................          Yea
Mr. Bost........................................          Yea   Mr. Huffman.......................          Yea
Mr. LaMalfa.....................................          Yea   Ms. Brownley......................          Yea
Mr. Westerman...................................          Yea   Ms. Wilson of FL..................          Yea
Mr. Mast........................................          Nay   Mr. Payne.........................          Yea
Mrs. Gonzalez-Colon.............................          Yea   Mr. DeSaulnier....................          Yea
Mr. Stauber.....................................          Yea   Mr. Carbajal......................          Yea
Mr. Burchett....................................          Nay   Mr. Stanton.......................          Yea
Mr. Johnson of SD...............................          Yea   Mr. Allred........................          Yea
Mr. Van Drew....................................          Yea   Ms. Davids of KS..................          Yea
Mr. Nehls.......................................          Nay   Mr. Garcia of IL..................          Yea
Mr. Gooden of TX................................          Yea   Mr. Pappas........................          Yea
Mr. Mann........................................          Yea   Mr. Moulton.......................          Yea
Mr. Owens.......................................          Yea   Mr. Auchincloss...................          Yea
Mr. Yakym.......................................          Yea   Ms. Strickland....................          Yea
Mrs. Chavez-DeRemer.............................          Yea   Mr. Carter of LA..................          Yea
Mr. Edwards.....................................          Yea   Mr. Ryan..........................          Yea
Mr. Kean of NJ..................................          Yea   Mrs. Peltola......................          Yea
Mr. D'Esposito..................................          Yea   Mr. Menendez......................          Yea
Mr. Burlison....................................          Nay   Ms. Hoyle of OR...................          Yea
Mr. James.......................................          Yea   Mrs. Sykes........................          Yea
Mr. Van Orden...................................          Yea   Ms. Scholten......................          Yea
Mr. Williams of NY..............................          Yea   Mrs. Foushee......................          Yea
Mr. Molinaro....................................          Yea
Mr. Collins.....................................          Nay
Mr. Ezell.......................................          Yea
Mr. Duarte......................................          Yea
Mr. Bean of FL..................................          Nay
----------------------------------------------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 886, as amended, 
from the Director of the Congressional Budget Office:




    H.R. 886 would authorize appropriations for the Marine 
Debris Program within the National Oceanic and Atmospheric 
Administration (NOAA). The bill also would authorize NOAA, 
under that program, to receive funds from other federal 
agencies and nonfederal entities. In addition, the bill would 
authorize an appropriation for the Marine Debris Foundation and 
would allow the foundation to match contributions from foreign 
governments and from tribal, regional, and nongovernmental 
organizations. Both the program and the foundation support 
efforts to remove plastics, discarded fishing gear, and other 
harmful materials from the marine environment.
    CBO estimates that implementing the bill would cost $40 
million over the 2023-2028 period, assuming appropriation of 
the authorized and estimated amounts. The costs of the 
legislation, detailed in Table1, fall within budget function 
300 (natural resources and environment).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 886
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2023     2024     2025     2026     2027     2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Marine Debris Program:
    Estimated Authorization....................       40       15       15        *        *        *         30
    Estimated Outlays..........................        0       13       15        2        *        *         30
Marine Debris Foundation:
    Authorization..............................        0        0       10        0        0        0         10
    Estimated Outlays..........................        0       40        4        2        2        2         10
    Total Changes:
        Estimated Authorization................        0       15       25        *        *        *         40
        Estimated Outlays......................        0       13       19        4        2        2         40
----------------------------------------------------------------------------------------------------------------
* =between zero and $500,000.

    Marine debris program: H.R. 886 would reauthorize the 
appropriation of $15 million for 2024 and 2025 for NOAA to 
operate the Marine Debris Program. Under current law, $15 
million is authorized to be appropriated in 2023 and NOAA 
allocated $6 million for the program in 2023. Based on 
historical spending patterns, CBO estimates that the 
reauthorization for the Marine Debris Program would cost $30 
million over the 2024-2028 period.
    The bill also would authorize NOAA to accept contributions 
for the program from other federal agencies and nonfederal 
entities. The contributions would be classified as offsetting 
receipts (or reductions in direct spending). Any spending of 
those contributions would be subject to future appropriation. 
Using information from NOAA, CBO expects that those 
contributions would be insignificant in every year and over the 
2023-2033 period.
    Marine debris foundation H.R. 886 would extend the current 
authorization of appropriations for the Marine Debris 
Foundation to match contributions it receives through 2025. 
Under current law, the foundation has an annual authorization 
of appropriation of $10million through 2024; the Congress has 
not appropriated any funds for the foundation to date. CBO 
estimates that extending the authorization for the foundation 
would cost $10 million over the 2024-2028 period.
    The bill also would authorize the foundation to match 
contributions it receives from foreign governments and from 
tribal, regional, and nongovernmental organizations. Under 
current law, the foundation is authorized to receive federal 
matching funds only for contributions from private individuals 
and state or local governments. The foundation also is 
authorized to invest appropriated funds in Treasury securities 
and to spend any credited interest without further 
appropriation.
    The collection and spending of contributions as well as the 
spending of credited interest are classified in the budget as 
direct spending. CBO estimates that the net effect on direct 
spending from the additional contributions to the foundation 
would be insignificant over the 2024-2033 period because those 
collections would be spent quickly. CBO also expects that the 
spending of interest credited to the account would be 
insignificant.
    Previous estimates: On June 7, 2023, CBO transmitted a cost 
estimate for S. 318, the Save Our Seas 2.0 Amendments Act, as 
ordered reported by the Senate Committee on Commerce, Science, 
and Transportation on March 22, 2023. On August 1, 2023, CBO 
transmitted a cost estimate for H.R. 886, the Save Our Seas 2.0 
Amendments Act, as ordered reported by the House Committee on 
Natural Resources on May 17, 2023. Those two bills are similar, 
as are CBO's estimates of their budgetary effects. This version 
of H.R. 886, as ordered reported by the House Committee on 
Transportation and Infrastructure, is similar to the other two 
bills, except that it would authorize appropriations for marine 
debris cleanup and remediation and matching contributions for 
the same activities. CBO's estimates reflect those differences.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to amend 
the Marine Debris Act to improve the administration of NOAA's 
Marine Debris Program and the Marine Debris Foundation.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 886, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 886, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the definition of Section 
5(b) of the appendix to Title 5, United States Code, are 
created by this legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that the bill may be cited as the 
``Save Our Seas 2.0 Amendments Act.''

Section 2. Modifications to the Marine Debris Program of the National 
        Oceanic and Atmospheric Administration

    This section amends the Marine Debris Act to allow NOAA to 
make in-kind contributions, as well as receive and expend funds 
from outside sources for projects under the Marine Debris 
Program.

Section 3. Modifications to the Marine Debris Foundation

    This section amends the Marine Debris Act to clarify the 
appointment and removal process for members of the Marine 
Debris Foundation, establish a Chief Executive Officer position 
for the Foundation, encourage the location of the Foundation's 
principal office to be in a coastal shoreline community, 
develop best practices for the Foundation's outreach to Indian 
Tribes, and reauthorizes funds for Fiscal Years 2024 and 2025.

Section 4. Transfers

    This section transfers sections from the Saves Our Seas 2.0 
Act to the Marine Debris Act and reorganizes the Act to reflect 
those transfers.

Section 5. Definitions

    This section amends the definitions section of the Marine 
Debris Act.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                           MARINE DEBRIS ACT




           *       *       *       *       *       *       *
               Subtitle A--NOAA and Coast Guard Programs

SEC. 3. NOAA MARINE DEBRIS PROGRAM.

  (a) Establishment of Program.--There is established, within 
the National Oceanic and Atmospheric Administration, a Marine 
Debris Program to identify, determine sources of, assess, 
prevent, reduce, and remove marine debris and address the 
adverse impacts of marine debris on the economy of the United 
States, the marine environment, and navigation safety.
  (b) Program Components.--The Administrator, acting through 
the Program and subject to the availability of appropriations, 
shall--
          (1) identify, determine sources of, assess, prevent, 
        reduce, and remove marine debris, with a focus on 
        marine debris posing a threat to living marine 
        resources and navigation safety;
          (2) provide national and regional coordination to 
        assist States, Indian tribes, and regional 
        organizations in the identification, determination of 
        sources, assessment, prevention, reduction, and removal 
        of marine debris;
          (3) undertake efforts to reduce the adverse impacts 
        of lost and discarded fishing gear on living marine 
        resources and navigation safety, including--
                  (A) research and development of alternatives 
                to gear posing threats to the marine 
                environment and methods for marking gear used 
                in certain fisheries to enhance the tracking, 
                recovery, and identification of lost and 
                discarded gear; and
                  (B) the development of effective 
                nonregulatory measures and incentives to 
                cooperatively reduce the volume of lost and 
                discarded fishing gear and to aid in gear 
                recovery;
          (4) undertake outreach and education activities for 
        the public and other stakeholders on sources of marine 
        debris, threats associated with marine debris, and 
        approaches to identifying, determining sources of, 
        assessing, preventing, reducing, and removing marine 
        debris and its adverse impacts on the United States 
        economy, the marine environment, and navigation safety, 
        including outreach and education activities through 
        public-private initiatives;
          (5) develop, in consultation with the Interagency 
        Committee, interagency plans for the timely response to 
        events determined by the Administrator to be severe 
        marine debris events, including plans to--
                  (A) coordinate across agencies and with 
                relevant State, tribal, and local governments 
                to ensure adequate, timely, and efficient 
                response;
                  (B) assess the composition, volume, and 
                trajectory of marine debris associated with a 
                severe marine debris event; and
                  (C) estimate the potential impacts of a 
                severe marine debris event, including economic 
                impacts on human health, navigation safety, 
                natural resources, tourism, and livestock, 
                including aquaculture;
          (6) work to develop outreach and education strategies 
        with other Federal agencies to address sources of 
        marine debris;
          (7) except for discharges of marine debris from 
        vessels, in consultation with the Department of State 
        and other Federal agencies, promote international 
        action, as appropriate, to reduce the incidence of 
        marine debris, including providing technical assistance 
        to expand waste management systems internationally; and
          (8) in the case of an event determined to be a severe 
        marine debris event under subsection (c)--
                  (A) assist in the cleanup and response 
                required by the severe marine debris event; or
                  (B) conduct such other activity as the 
                Administrator determines is appropriate in 
                response to the severe marine debris event.
  (c) Severe Marine Debris Events.--At the discretion of the 
Administrator or at the request of the Governor of an affected 
State, the Administrator shall determine whether there is a 
severe marine debris event.
  (d) Grants, Cooperative Agreements, [and Contracts] 
Contracts, and Other Agreements.--
          (1) In general.--The Administrator, acting through 
        the Program, shall enter into cooperative agreements 
        [and contracts], contracts, and other agreements and 
        provide financial assistance in the form of grants for 
        projects to accomplish the purpose set forth in section 
        2.
          (2) Grant cost sharing requirement.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), Federal funds for 
                any grant under this section may not exceed 50 
                percent of the total cost of such project. For 
                purposes of this subparagraph, the non-Federal 
                share of project costs may be provided by in-
                kind contributions and other noncash support.
                  (B) Waiver.--The Administrator may waive all 
                or [part of the] part of a matching requirement 
                under subparagraph (A) or (C) if the 
                Administrator determines that no reasonable 
                means are available through which applicants 
                can meet the matching requirement and the 
                probable benefit of such project outweighs the 
                public interest in such matching requirement.
                  (C) Severe marine debris events.--
                Notwithstanding subparagraph (A) and except as 
                provided in subparagraph (B), the Federal share 
                of the cost of an activity carried out under a 
                determination made under subsection (c) shall 
                be--
                          (i) 100 percent of the cost of the 
                        activity, for an activity funded wholly 
                        by funds made available by a person, 
                        including the government of a foreign 
                        country, to the Federal Government for 
                        the purpose of responding to a severe 
                        marine debris event; or
                          (ii) 75 percent of the cost of the 
                        activity, for any activity other than 
                        an activity funded as described in 
                        clause (i).
          (3) Amounts paid and services rendered under 
        consent.--
                  (A) Consent decrees and orders.--If 
                authorized by the Administrator or the Attorney 
                General, as appropriate, the non-Federal share 
                of the cost of a project carried out under this 
                Act may include money paid pursuant to, or the 
                value of any in-kind service performed under, 
                an administrative order on consent or judicial 
                consent decree that will remove or prevent 
                marine debris.
                  (B) Other decrees and orders.--The non-
                Federal share of the cost of a project carried 
                out under this Act may not include any money 
                paid pursuant to, or the value of any in-kind 
                service performed under, any other 
                administrative order or court order.
          (4) Eligibility.--Any State, local, or tribal 
        government whose activities affect research or 
        regulation of marine debris, and any institution of 
        higher education, nonprofit organization, or commercial 
        organization with expertise in a field related to 
        marine debris, is eligible to submit to the 
        Administrator a marine debris proposal under the grant 
        program.
          (5) Project review and approval.--The Administrator 
        shall--
                  (A) review each marine debris project 
                proposal to determine if it meets the grant 
                criteria and supports the goals of this Act;
                  (B) after considering any written comments 
                and recommendations based on the review, 
                approve or disapprove the proposal; and
                  (C) provide notification of that approval or 
                disapproval to the person who submitted the 
                proposal.
          (6) Project reporting.--Each grantee under this 
        section shall provide periodic reports as required by 
        the Administrator. Each report shall include all 
        information required by the Administrator for 
        evaluating the progress and success in meeting its 
        stated goals, and impact of the grant activities on the 
        marine debris problem.
          (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.
  (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.

           *       *       *       *       *       *       *


                  Subtitle B--Marine Debris Foundation

SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

  (a) Establishment.--There is established the Marine Debris 
Foundation (in this title referred to as the ``Foundation''). 
The Foundation is a charitable and nonprofit corporation and is 
not an agency or establishment of the United States.
  (b) Purposes.--The purposes of the Foundation are--
          (1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the National 
        Oceanic and Atmospheric Administration under the Marine 
        Debris Program established under section 3 of the 
        Marine Debris Act (33 U.S.C. 1952), and other relevant 
        programs and agencies;
          (2) to undertake and conduct such other activities as 
        will augment efforts of the National Oceanic and 
        Atmospheric Administration to assess, prevent, reduce, 
        and remove marine debris and address the adverse 
        impacts of marine debris on the economy of the United 
        States, the marine environment, and navigation safety;
          (3) to participate with, and otherwise assist, State, 
        local, and Tribal governments, foreign governments, 
        entities, and individuals in undertaking and conducting 
        activities to assess, prevent, reduce, and remove 
        marine debris and address the adverse impacts of marine 
        debris and its root causes on the economy of the United 
        States, the marine environment (including waters in the 
        jurisdiction of the United States, the high seas, and 
        waters in the jurisdiction of other countries), and 
        navigation safety;
          (4) subject to an agreement with the Secretary of 
        Commerce, administer the Genius Prize for Save Our Seas 
        Innovation as described in title II; and
          (5) to support other Federal actions to reduce marine 
        debris.

SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION.

  (a) Establishment and Membership.--
          (1) In general.--The Foundation shall have a 
        governing Board of Directors (in this title referred to 
        as the ``Board''), which shall consist of the Under 
        Secretary and 12 additional Directors appointed in 
        accordance with subsection (b) from among individuals 
        who are United States citizens.
          (2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board 
        shall represent diverse points of view relating to the 
        assessment, prevention, reduction, and removal of 
        marine debris.
          (3) Not federal employees.--Appointment as a Director 
        of the Foundation shall not constitute employment by, 
        or the holding of an office of, the United States for 
        the purpose of any Federal law.
  (b) Appointment and Terms.--
          (1) Appointment.--Subject to paragraph (2), after 
        consulting with the EPA Administrator, the Director of 
        the United States Fish and Wildlife Service, the 
        Assistant Secretary of State for the Bureau of Oceans 
        and International Environmental and Scientific Affairs, 
        and the Administrator of the United States Agency for 
        International Development, considering the 
        recommendations submitted by the Board, and with the 
        approval of the Secretary of Commerce, the Under 
        Secretary shall appoint 12 Directors who meet the 
        criteria established by subsection (a), of whom--
                  (A) at least 4 shall be educated or 
                experienced in the assessment, prevention, 
                reduction, or removal of marine debris, which 
                may include an individual with expertise in 
                post-consumer materials management or a 
                circular economy;
                  (B) at least 2 shall be educated or 
                experienced in the assessment, prevention, 
                reduction, or removal of marine debris outside 
                the United States;
                  (C) at least 2 shall be educated or 
                experienced in ocean and coastal resource 
                conservation science or policy; and
                  (D) at least 2 shall be educated or 
                experienced in international trade or foreign 
                policy.
          (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.
          (3) Terms.--
                  (A) In general.--Any Director appointed after 
                the initial appointments are made under 
                subparagraph (B) (other than the Under 
                Secretary), shall be appointed for a term of 6 
                years.
                  (B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Under Secretary under paragraph (1), the Under 
                Secretary shall appoint, not later than 180 
                days after the date of the enactment of this 
                Act--
                          (i) 4 Directors for a term of 6 
                        years;
                          (ii) 4 Directors for a term of 4 
                        years; and
                          (iii) 4 Directors for a term of 2 
                        years.
          (4) Vacancies.--
                  (A) In general.--The Under Secretary shall 
                fill a vacancy on the Board with the approval 
                of the Secretary of Commerce.
                  (B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a 
                vacancy that occurs before the expiration of 
                the term of a Director shall be appointed for 
                the remainder of the term.
          (5) Reappointment.--An individual shall not serve 
        more than 2 consecutive terms as a Director, excluding 
        any term of less than 6 years.
          (6) Consultation before removal.--The Under Secretary 
        may remove a Director from the Board only after 
        consultation with the Assistant Secretary of State for 
        the Bureau of Oceans and International Environmental 
        and Scientific Affairs, the Director of the United 
        States Fish and Wildlife Service, the Administrator of 
        the United States Agency for International Development, 
        and the EPA Administrator and with the approval of the 
        Secretary of Commerce.
  (c) Chairman.--The Chairman shall be elected by the Board 
from its members for a 2-year term.
  (d) Quorum.--A majority of the current membership of the 
Board shall constitute a quorum for the transaction of 
business.
  (e) Meetings.--The Board shall meet at the call of the 
Chairman at least once a year. If a Director misses 3 
consecutive regularly scheduled meetings, that individual may 
be removed from the Board and that vacancy filled in accordance 
with subsection (b).
  (f) Reimbursement of Expenses.--Members of the Board shall 
serve without pay, but may be reimbursed for the actual and 
necessary traveling and subsistence expenses incurred by them 
in the performance of the duties of the Foundation.
  (g) General Powers.--
          (1) In general.--The Board may complete the 
        organization of the Foundation by--
                  (A) appointing the initial officers and 
                employees;
                  (B) adopting a constitution and bylaws 
                consistent with the purposes of the Foundation 
                and the provisions of this title; and
                  (C) undertaking of other such acts as may be 
                necessary to carry out the provisions of this 
                title.
          (2) Limitations on appointment.--The following 
        limitations apply with respect to the appointment of 
        officers and employees of the Foundation:
                  (A) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay them for their service. Officers 
                and employees of the Foundation shall be 
                appointed without regard to the provisions of 
                title 5, United States Code, governing 
                appointments in the competitive service, and 
                may be paid without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of 
                such title relating to classification and 
                General Schedule pay rates.
                  (B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who--
                          (i) shall serve, at the direction of 
                        the Board, as the chief executive 
                        officer of the Foundation; and
                          (ii) shall be knowledgeable and 
                        experienced in matters relating to the 
                        assessment, prevention, reduction, and 
                        removal of marine debris.
  (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.

SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  (a) In General.--The Foundation--
          (1) shall have perpetual succession;
          (2) may conduct business throughout the several 
        States, territories, and possessions of the United 
        States and abroad; and
          (3) shall at all times maintain a designated agent 
        authorized to accept service of process for the 
        Foundation.
  (b) Service of Process.--The serving of notice to, or service 
of process upon, the agent required under subsection (a)(3), or 
mailed to the business address of such agent, shall be deemed 
as service upon or notice to the Foundation.
  (c) Powers.--
          (1) In general.--To carry out its purposes under 
        section 111, the Foundation shall have, in addition to 
        the powers otherwise given it under this title, the 
        usual powers of a nonprofit corporation formed in the 
        District of Columbia, including the power--
                  (A) to accept, receive, solicit, hold, 
                administer, and use any gift, devise, or 
                bequest, either absolutely or in trust, of real 
                or personal property or any income therefrom or 
                other interest therein;
                  (B) to acquire by purchase or exchange any 
                real or personal property or interest therein;
                  (C) to invest any funds provided to the 
                Foundation by the Federal Government in 
                obligations of the United States or in 
                obligations or securities that are guaranteed 
                or insured by the United States;
                  (D) to deposit any funds provided to the 
                Foundation by the Federal Government into 
                accounts that are insured by an agency or 
                instrumentality of the United States;
                  (E) to make use of any interest or investment 
                income that accrues as a consequence of actions 
                taken under subparagraph (C) or (D) to carry 
                out the purposes of the Foundation;
                  (F) to use Federal funds to make payments 
                under cooperative agreements to provide 
                substantial long-term benefits for the 
                assessment, prevention, reduction, and removal 
                of marine debris;
                  (G) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, 
                invest, reinvest, retain or otherwise dispose 
                of any property or income therefrom;
                  (H) to borrow money and issue bonds, 
                debentures, or other debt instruments;
                  (I) to sue and be sued, and complain and 
                defend itself in any court of competent 
                jurisdiction, except that the Directors of the 
                Foundation shall not be personally liable, 
                except for gross negligence;
                  (J) to enter into contracts or other 
                arrangements with, or provide financial 
                assistance to, public agencies and private 
                organizations and persons and to make such 
                payments as may be necessary to carry out its 
                functions; and
                  (K) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.
          (2) Non-federal contributions to the fund.--A gift, 
        devise, or bequest may be accepted by the Foundation 
        without regard to whether the gift, devise, or bequest 
        is encumbered, restricted, or subject to beneficial 
        interests of private persons if any current or future 
        interest in the gift, devise, or bequest is for the 
        benefit of the Foundation.
  (d) Notice to Members of Congress.--The Foundation may not 
make a grant of Federal funds in an amount greater than 
$100,000 unless, by not later than 15 days before the grant is 
made, the Foundation provides notice of the grant to the Member 
of Congress for the congressional district in which the project 
to be funded with the grant will be carried out.
  (e) Coordination of International Efforts.--Any efforts of 
the Foundation carried out in a foreign country, and any grants 
provided to an individual or entity in a foreign country, shall 
be made only with the concurrence of the Secretary of State, in 
consultation, as appropriate, with the Administrator of the 
United States Agency for International Development.
  (f) Consultation With NOAA.--The Foundation shall consult 
with the Under Secretary during the planning of any restoration 
or remediation action using funds resulting from judgments or 
settlements relating to the damage to trust resources of the 
National Oceanic and Atmospheric Administration.
  (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.
  (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.

SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.

  (a) Provision of Services.--The Under Secretary may provide 
personnel, facilities, and other administrative services to the 
Foundation, including reimbursement of expenses, not to exceed 
the current Federal Government per diem rates, for a period of 
up to 5 years beginning on the date of the enactment of this 
Act.
  (b) Reimbursement.--The Under Secretary shall require 
reimbursement from the Foundation for any administrative 
service provided under subsection (a). The Under Secretary 
shall deposit any reimbursement received under this subsection 
into the Treasury to the credit of the appropriations then 
current and chargeable for the cost of providing such services.

SEC. 115. VOLUNTEER STATUS.

   The Secretary of Commerce may accept, without regard to the 
civil service classification laws, rules, or regulations, the 
services of the Foundation, the Board, and the officers and 
employees of the Board, without compensation from the 
Department of Commerce, as volunteers in the performance of the 
functions authorized in this title.

SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR 
                    EQUITABLE RELIEF.

  (a) Report.--The Foundation shall, as soon as practicable 
after the end of each fiscal year, transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Natural Resources, the Committee on Transportation 
and Infrastructure, and the Committee on Energy and Commerce of 
the House of Representatives a report--
          (1) describing the proceedings and activities of the 
        Foundation during that fiscal year, including a full 
        and complete statement of its receipts, expenditures, 
        and investments; and
          (2) including a detailed statement of the recipient, 
        amount, and purpose of each grant made by the 
        Foundation in the fiscal year.
  (b) Relief With Respect to Certain Foundation Acts or Failure 
to Act.--If the Foundation--
          (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its 
        purposes set forth in section 111(b); or
          (2) refuses, fails, or neglects to discharge its 
        obligations under this title, or threatens to do so,the 
        Attorney General may petition in the United States 
        District Court for the District of Columbia for such 
        equitable relief as may be necessary or appropriate.

SEC. 117. UNITED STATES RELEASE FROM LIABILITY.

   The United States shall not be liable for any debts, 
defaults, acts, or omissions of the Foundation nor shall the 
full faith and credit of the United States extend to any 
obligation of the Foundation.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the Department of Commerce to carry out 
        this title $10,000,000 for each of fiscal years 2021 
        through 2025.
          (2) Use of appropriated funds.--Subject to paragraph 
        (3), amounts made available under paragraph (1) shall 
        be provided to the Foundation to match contributions 
        (whether in currency, services, or property) made to 
        the Foundation, or to a recipient of a grant provided 
        by the Foundation, by private persons, State and local 
        government agencies, United States and international 
        nongovernmental organizations, regional organizations, 
        Indian Tribes, Tribal organizations, and foreign 
        government entities.
          (3) Prohibition on use for administrative expenses.--
                  (A) In general.--Except as provided in 
                subparagraph (B), no Federal funds made 
                available under paragraph (1) may be used by 
                the Foundation for administrative expenses of 
                the Foundation, including for salaries, travel 
                and transportation expenses, and other overhead 
                expenses.
                  (B) Exception.--The Secretary may allow the 
                use of Federal funds made available under 
                paragraph (1) to pay for salaries during the 
                18-month period beginning on the date of the 
                enactment of this Act.
  (b) Additional Authorization.--
          (1) In general.--In addition to the amounts made 
        available under subsection (a), the Foundation may 
        accept Federal funds from a Federal agency under any 
        other Federal law for use by the Foundation to further 
        the assessment, prevention, reduction, and removal of 
        marine debris in accordance with the requirements of 
        this title.
          (2) Use of funds accepted from federal agencies.--
        Federal funds provided to the Foundation under 
        paragraph (1) shall be used by the Foundation for 
        matching, in whole or in part, contributions (whether 
        in currency, services, or property) made to the 
        Foundation by private persons, State and local 
        government agencies, United States and international 
        nongovernmental organizations, regional organizations, 
        Indian Tribes, Tribal organizations, and foreign 
        government entities.
  (c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the 
Foundation shall not be used for--
          (1) any expense related to litigation consistent with 
        Federal-wide cost principles; or
          (2) any activity the purpose of which is to influence 
        legislation pending before Congress consistent with 
        Federal-wide cost principles.

SEC. 119. TERMINATION OF AUTHORITY.

   The authority of the Foundation under this subtitle shall 
terminate on the date that is 10 years after the establishment 
of the Foundation, unless the Foundation is reauthorized by an 
Act of Congress.

           *       *       *       *       *       *       *


                       Subtitle C--Administration

SEC. [7.]  131. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.
          (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).
          [(2)] (6) Interagency committee.--The term 
        ``Interagency Committee'' means the Interagency Marine 
        Debris Coordinating Committee established under section 
        5 of this Act.
          [(3)] (7) Marine debris.--The term ``marine debris'' 
        means any persistent solid material that is 
        manufactured or processed and directly or indirectly, 
        intentionally or unintentionally, disposed of or 
        abandoned into the marine environment or the Great 
        Lakes.
          [(4)] (8) MARPOL; annex v; convention.--The terms 
        ``MARPOL'', ``Annex V'', and ``Convention'' have the 
        meaning given those terms under section 2(a) of the Act 
        to Prevent Pollution from Ships (33 U.S.C. 1901(a)).
          (9) Non-federal funds.--The term ``non-Federal 
        funds'' means funds provided by--
                  (A) a State;
                  (B) an Indian Tribe;
                  (C) a territory of the United States;
                  (D) one or more units of local governments or 
                Tribal organizations;
                  (E) a foreign government;
                  (F) a private for-profit entity;
                  (G) a nonprofit organization; or
                  (H) a private individual.
          (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).
          [(6)] (13) Severe marine debris event.--The term 
        ``severe marine debris event'' means atypically large 
        amounts of marine debris caused by a natural disaster, 
        including a tsunami, flood, landslide, or hurricane, or 
        other source.
          [(5)] (12) Program.--The term ``Program'' means the 
        Marine Debris Program established under section 3.
          [(7)] (14) State.--The term ``State'' means--
                  (A) any State of the United States that is 
                impacted by marine debris within its seaward or 
                Great Lakes boundaries;
                  (B) Indian Tribe;
                  [(B)] (C) the District of Columbia;
                  [(C)] (D) American Samoa, Guam, the Northern 
                Mariana Islands, Puerto Rico, and the Virgin 
                Islands; and
                  [(D)] (E) any other territory or possession 
                of the United States, or separate sovereign in 
                free association with the United States, that 
                is impacted by marine debris within its seaward 
                boundaries.
          (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).

SEC. [8.]  132. RELATIONSHIP TO OUTER CONTINENTAL SHELF LANDS ACT.

  Nothing in this Act supersedes, or limits the authority of 
the Secretary of the Interior under, the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.).
[Section 133 (as redesignated) below reflects the execution of 
a technical amendment to section 11328(b) of Public Law 117-
263, as amended by section 3(h) of H.R. 886 (as reported) and 
shown in roman typeface, which results in the amendment by 
subsection (i) of such section 3 of H.R. 886 (as reported) to 
be carried out.]

SEC. [9.]  133. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Administrator $15,000,000 for [fiscal year 2023] each of 
fiscal years 2024 and 2025 for carrying out sections 3, 5, and 
6, of which not more than 7 percent is authorized for each 
fiscal year for administrative costs.
  (b) Amounts Authorized for Coast Guard.--Of the amounts 
authorized for each fiscal year under section 4902(1) of title 
14, United States Code, up to $2,000,000 is authorized for the 
Secretary of the department in which the Coast Guard is 
operating for use by the Commandant of the Coast Guard to carry 
out section 4 of this Act, of which not more than 5 percent is 
authorized for each fiscal year for administrative costs.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 11328 OF THE JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT 
                          FOR FISCAL YEAR 2023


SEC. 11328. SAFETY STANDARDS.

  (a) In General.--Section 4502 of title 46, United States 
Code, is amended--
          (1) in subsection (i)(4) by striking ``each of fiscal 
        years 2018 through 2021'' and inserting ``fiscal year 
        2023''; and
          (2) in subsection (j)(4) by striking ``each of fiscal 
        years 2018 through 2021'' and inserting ``fiscal year 
        2023''.
  (b) Authorization of Appropriations.--Section 9 of the 
[Maritime] Marine Debris Act (33 U.S.C. 1958) is amended--
          (1) in subsection (a) by striking ``each of fiscal 
        years 2018 through 2022'' and inserting ``fiscal year 
        2023''; and
          (2) in subsection (b) by striking ``2702(1)'' and 
        inserting ``4902(1)''.
                              ----------                              


                         SAVE OUR SEAS 2.0 ACT




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

   In this Act:
          (1) Circular economy.--The term ``circular economy'' 
        means an economy that uses a systems-focused approach 
        and involves industrial processes and economic 
        activities that--
                  (A) are restorative or regenerative by 
                design;
                  (B) enable resources used in such processes 
                and activities to maintain their highest values 
                for as long as possible; and
                  (C) aim for the elimination of waste through 
                the superior design of materials, products, and 
                systems (including business models).
          (2) EPA administrator.--The term ``EPA 
        Administrator'' means the Administrator of the 
        Environmental Protection Agency.
          (3) Indian tribe.--The term ````Indian Tribe'' has 
        the meaning given the term ``Indian tribe'' in section 
        4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304), without regard to 
        capitalization.
          (4) Interagency marine debris coordinating 
        committee.--The term ``Interagency Marine Debris 
        Coordinating Committee'' means the Interagency Marine 
        Debris Coordinating Committee established under section 
        5 of the Marine Debris Act (33 U.S.C. 1954).
          (5) Marine debris.--The term ``marine debris'' has 
        the meaning given that term in section 7 of the Marine 
        Debris Act (33 U.S.C. 1956).
          (6) Marine debris event.--The term ``marine debris 
        event'' means an event or related events that affects 
        or may imminently affect the United States involving--
                  (A) marine debris caused by a natural event, 
                including a tsunami, flood, landslide, 
                hurricane, or other natural source;
                  (B) distinct, nonrecurring marine debris, 
                including derelict vessel groundings and 
                container spills, that have immediate or long-
                term impacts on habitats with high ecological, 
                economic, or human-use values; or
                  (C) marine debris caused by an intentional or 
                grossly negligent act or acts that causes 
                substantial economic or environmental harm.
          [(7) Non-federal funds.--The term ``non-Federal 
        funds'' means funds provided by--
                  [(A) a State;
                  [(B) an Indian Tribe;
                  [(C) a territory of the United States;
                  [(D) one or more units of local governments 
                or Tribal organizations (as defined in section 
                4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5304));
                  [(E) a foreign government;
                  [(F) a private for-profit entity;
                  [(G) a nonprofit organization; or
                  [(H) a private individual. ]
          [(8)] (7) Nonprofit organization.--The term 
        ``nonprofit organization'' means an organization that 
        is described in section 501(c) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) 
        of such Code.
          [(9)] (8) Post-consumer materials management.--The 
        term ``post-consumer materials management'' means the 
        systems, operation, supervision, and long-term 
        management of processes and equipment used for post-use 
        material (including packaging, goods, products, and 
        other materials), including--
                  (A) collection;
                  (B) transport;
                  (C) safe disposal of waste that cannot be 
                recovered, reused, recycled, repaired, or 
                refurbished; and
                  (D) systems and processes related to post-use 
                materials that can be recovered, reused, 
                recycled, repaired, or refurbished.
          [(10)] (9) State.--The term ``State'' means--
                  (A) a State;
                  (B) an Indian Tribe;
                  (C) the District of Columbia;
                  (D) a territory or possession of the United 
                States; or
                  (E) any political subdivision of an entity 
                described in subparagraphs (A) through (D).
          [(11)] (10) Under secretary.--The term ``Under 
        Secretary'' means the Under Secretary of Commerce for 
        Oceans and Atmosphere and Administrator of the National 
        Oceanic and Atmospheric Administration.

           *       *       *       *       *       *       *


TITLE I--COMBATING MARINE DEBRIS

           *       *       *       *       *       *       *


                 [Subtitle B--Marine Debris Foundation

[SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

  [(a) Establishment.--There is established the Marine Debris 
Foundation (in this title referred to as the ``Foundation''). 
The Foundation is a charitable and nonprofit organization and 
is not an agency or establishment of the United States.
  [(b) Purposes.--The purposes of the Foundation are--
          [(1) to encourage, accept, and administer private 
        gifts of property for the benefit of, or in connection 
        with, the activities and services of the National 
        Oceanic and Atmospheric Administration under the Marine 
        Debris Program established under section 3 of the 
        Marine Debris Act (33 U.S.C. 1952), and other relevant 
        programs and agencies;
          [(2) to undertake and conduct such other activities 
        as will augment efforts of the National Oceanic and 
        Atmospheric Administration to assess, prevent, reduce, 
        and remove marine debris and address the adverse 
        impacts of marine debris on the economy of the United 
        States, the marine environment, and navigation safety;
          [(3) to participate with, and otherwise assist, 
        State, local, and Tribal governments, foreign 
        governments, entities, and individuals in undertaking 
        and conducting activities to assess, prevent, reduce, 
        and remove marine debris and address the adverse 
        impacts of marine debris and its root causes on the 
        economy of the United States, the marine environment 
        (including waters in the jurisdiction of the United 
        States, the high seas, and waters in the jurisdiction 
        of other countries), and navigation safety;
          [(4) subject to an agreement with the Secretary of 
        Commerce, administer the Genius Prize for Save Our Seas 
        Innovation as described in title II; and
          [(5) to support other Federal actions to reduce 
        marine debris.

[SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION.

  [(a) Establishment and Membership.--
          [(1) In general.--The Foundation shall have a 
        governing Board of Directors (in this title referred to 
        as the ``Board''), which shall consist of the Under 
        Secretary and 12 additional Directors appointed in 
        accordance with subsection (b) from among individuals 
        who are United States citizens.
          [(2) Representation of diverse points of view.--To 
        the maximum extent practicable, the membership of the 
        Board shall represent diverse points of view relating 
        to the assessment, prevention, reduction, and removal 
        of marine debris.
          [(3) Not federal employees.--Appointment as a 
        Director of the Foundation shall not constitute 
        employment by, or the holding of an office of, the 
        United States for the purpose of any Federal law.
  [(b) Appointment and Terms.--
          [(1) Appointment.--Subject to paragraph (2), after 
        consulting with the EPA Administrator, the Director of 
        the United States Fish and Wildlife Service, the 
        Assistant Secretary of State for the Bureau of Oceans 
        and International Environmental and Scientific Affairs, 
        and the Administrator of the United States Agency for 
        International Development, and considering the 
        recommendations submitted by the Board, the Under 
        Secretary shall appoint 12 Directors who meet the 
        criteria established by subsection (a), of whom--
                  [(A) at least 4 shall be educated or 
                experienced in the assessment, prevention, 
                reduction, or removal of marine debris, which 
                may include an individual with expertise in 
                post-consumer materials management or a 
                circular economy;
                  [(B) at least 2 shall be educated or 
                experienced in the assessment, prevention, 
                reduction, or removal of marine debris outside 
                the United States;
                  [(C) at least 2 shall be educated or 
                experienced in ocean and coastal resource 
                conservation science or policy; and
                  [(D) at least 2 shall be educated or 
                experienced in international trade or foreign 
                policy.
          [(2) Terms.--
                  [(A) In general.--Any Director appointed 
                after the initial appointments are made under 
                subparagraph (B) (other than the Under 
                Secretary), shall be appointed for a term of 6 
                years.
                  [(B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Under Secretary under paragraph (1), the Under 
                Secretary shall appoint, not later than 180 
                days after the date of the enactment of this 
                Act--
                          [(i) 4 Directors for a term of 6 
                        years;
                          [(ii) 4 Directors for a term of 4 
                        years; and
                          [(iii) 4 Directors for a term of 2 
                        years.
          [(3) Vacancies.--
                  [(A) In general.--The Under Secretary shall 
                fill a vacancy on the Board.
                  [(B) Term of appointments to fill unexpired 
                terms.--An individual appointed to fill a 
                vacancy that occurs before the expiration of 
                the term of a Director shall be appointed for 
                the remainder of the term.
          [(4) Reappointment.--An individual shall not serve 
        more than 2 consecutive terms as a Director, excluding 
        any term of less than 6 years.
          [(5) Consultation before removal.--The Under 
        Secretary may remove a Director from the Board only 
        after consultation with the Assistant Secretary of 
        State for the Bureau of Oceans and International 
        Environmental and Scientific Affairs, the Director of 
        the United States Fish and Wildlife Service, and the 
        EPA Administrator.
  [(c) Chairman.--The Chairman shall be elected by the Board 
from its members for a 2-year term.
  [(d) Quorum.--A majority of the current membership of the 
Board shall constitute a quorum for the transaction of 
business.
  [(e) Meetings.--The Board shall meet at the call of the 
Chairman at least once a year. If a Director misses 3 
consecutive regularly scheduled meetings, that individual may 
be removed from the Board and that vacancy filled in accordance 
with subsection (b).
  [(f) Reimbursement of Expenses.--Members of the Board shall 
serve without pay, but may be reimbursed for the actual and 
necessary traveling and subsistence expenses incurred by them 
in the performance of the duties of the Foundation.
  [(g) General Powers.--
          [(1) In general.--The Board may complete the 
        organization of the Foundation by--
                  [(A) appointing officers and employees;
                  [(B) adopting a constitution and bylaws 
                consistent with the purposes of the Foundation 
                and the provisions of this title; and
                  [(C) undertaking of other such acts as may be 
                necessary to carry out the provisions of this 
                title.
          [(2) Limitations on appointment.--The following 
        limitations apply with respect to the appointment of 
        officers and employees of the Foundation:
                  [(A) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay them for their service. Officers 
                and employees of the Foundation shall be 
                appointed without regard to the provisions of 
                title 5, United States Code, governing 
                appointments in the competitive service, and 
                may be paid without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of 
                such title relating to classification and 
                General Schedule pay rates.
                  [(B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who--
                          [(i) shall serve, at the direction of 
                        the Board, as its chief operating 
                        officer; and
                          [(ii) shall be knowledgeable and 
                        experienced in matters relating to the 
                        assessment, prevention, reduction, and 
                        removal of marine debris.

[SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  [(a) In General.--The Foundation--
          [(1) shall have perpetual succession;
          [(2) may conduct business throughout the several 
        States, territories, and possessions of the United 
        States and abroad; and
          [(3) shall at all times maintain a designated agent 
        authorized to accept service of process for the 
        Foundation.
  [(b) Service of Process.--The serving of notice to, or 
service of process upon, the agent required under subsection 
(a)(3), or mailed to the business address of such agent, shall 
be deemed as service upon or notice to the Foundation.
  [(c) Powers.--
          [(1) In general.--To carry out its purposes under 
        section 111, the Foundation shall have, in addition to 
        the powers otherwise given it under this title, the 
        usual powers of a corporation acting as a trustee in 
        the District of Columbia, including the power--
                  [(A) to accept, receive, solicit, hold, 
                administer, and use any gift, devise, or 
                bequest, either absolutely or in trust, of real 
                or personal property or any income therefrom or 
                other interest therein;
                  [(B) to acquire by purchase or exchange any 
                real or personal property or interest therein;
                  [(C) to invest any funds provided to the 
                Foundation by the Federal Government in 
                obligations of the United States or in 
                obligations or securities that are guaranteed 
                or insured by the United States;
                  [(D) to deposit any funds provided to the 
                Foundation by the Federal Government into 
                accounts that are insured by an agency or 
                instrumentality of the United States;
                  [(E) to make use of any interest or 
                investment income that accrues as a consequence 
                of actions taken under subparagraph (C) or (D) 
                to carry out the purposes of the Foundation;
                  [(F) to use Federal funds to make payments 
                under cooperative agreements to provide 
                substantial long-term benefits for the 
                assessment, prevention, reduction, and removal 
                of marine debris;
                  [(G) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, 
                invest, reinvest, retain or otherwise dispose 
                of any property or income therefrom;
                  [(H) to borrow money and issue bonds, 
                debentures, or other debt instruments;
                  [(I) to sue and be sued, and complain and 
                defend itself in any court of competent 
                jurisdiction, except that the Directors of the 
                Foundation shall not be personally liable, 
                except for gross negligence;
                  [(J) to enter into contracts or other 
                arrangements with, or provide financial 
                assistance to, public agencies and private 
                organizations and persons and to make such 
                payments as may be necessary to carry out its 
                functions; and
                  [(K) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.
          [(2) Non-federal contributions to the fund.--A gift, 
        devise, or bequest may be accepted by the Foundation 
        without regard to whether the gift, devise, or bequest 
        is encumbered, restricted, or subject to beneficial 
        interests of private persons if any current or future 
        interest in the gift, devise, or bequest is for the 
        benefit of the Foundation.
  [(d) Notice to Members of Congress.--The Foundation may not 
make a grant of Federal funds in an amount greater than 
$100,000 unless, by not later than 15 days before the grant is 
made, the Foundation provides notice of the grant to the Member 
of Congress for the congressional district in which the project 
to be funded with the grant will be carried out.
  [(e) Coordination of International Efforts.--Any efforts of 
the Foundation carried out in a foreign country, and any grants 
provided to an individual or entity in a foreign country, shall 
be made only with the concurrence of the Secretary of State, in 
consultation, as appropriate, with the Administrator of the 
United States Agency for International Development.
  [(f) Consultation With NOAA.--The Foundation shall consult 
with the Under Secretary during the planning of any restoration 
or remediation action using funds resulting from judgments or 
settlements relating to the damage to trust resources of the 
National Oceanic and Atmospheric Administration.

[SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT.

  [(a) Provision of Services.--The Under Secretary may provide 
personnel, facilities, and other administrative services to the 
Foundation, including reimbursement of expenses, not to exceed 
the current Federal Government per diem rates, for a period of 
up to 5 years beginning on the date of the enactment of this 
Act.
  [(b) Reimbursement.--The Under Secretary shall require 
reimbursement from the Foundation for any administrative 
service provided under subsection (a). The Under Secretary 
shall deposit any reimbursement received under this subsection 
into the Treasury to the credit of the appropriations then 
current and chargeable for the cost of providing such services.

[SEC. 115. VOLUNTEER STATUS.

  [ The Secretary of Commerce may accept, without regard to the 
civil service classification laws, rules, or regulations, the 
services of the Foundation, the Board, and the officers and 
employees of the Board, without compensation from the 
Department of Commerce, as volunteers in the performance of the 
functions authorized in this title.

[SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR 
                    EQUITABLE RELIEF.

  [(a) Report.--The Foundation shall, as soon as practicable 
after the end of each fiscal year, transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Natural Resources, the Committee on Transportation 
and Infrastructure, and the Committee on Energy and Commerce of 
the House of Representatives a report--
          [(1) describing the proceedings and activities of the 
        Foundation during that fiscal year, including a full 
        and complete statement of its receipts, expenditures, 
        and investments; and
          [(2) including a detailed statement of the recipient, 
        amount, and purpose of each grant made by the 
        Foundation in the fiscal year.
  [(b) Relief With Respect to Certain Foundation Acts or 
Failure to Act.--If the Foundation--
          [(1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its 
        purposes set forth in section 111(b); or
          [(2) refuses, fails, or neglects to discharge its 
        obligations under this title, or threatens to do so,the 
        Attorney General may petition in the United States 
        District Court for the District of Columbia for such 
        equitable relief as may be necessary or appropriate.

[SEC. 117. UNITED STATES RELEASE FROM LIABILITY.

  [ The United States shall not be liable for any debts, 
defaults, acts, or omissions of the Foundation nor shall the 
full faith and credit of the United States extend to any 
obligation of the Foundation.

[SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to the Department of Commerce to carry out 
        this title $10,000,000 for each of fiscal years 2021 
        through 2024.
          [(2) Use of appropriated funds.--Subject to paragraph 
        (3), amounts made available under paragraph (1) shall 
        be provided to the Foundation to match contributions 
        (whether in currency, services, or property) made to 
        the Foundation, or to a recipient of a grant provided 
        by the Foundation, by private persons and State and 
        local government agencies.
          [(3) Prohibition on use for administrative 
        expenses.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), no Federal funds made 
                available under paragraph (1) may be used by 
                the Foundation for administrative expenses of 
                the Foundation, including for salaries, travel 
                and transportation expenses, and other overhead 
                expenses.
                  [(B) Exception.--The Secretary may allow the 
                use of Federal funds made available under 
                paragraph (1) to pay for salaries during the 
                18-month period beginning on the date of the 
                enactment of this Act.
  [(b) Additional Authorization.--
          [(1) In general.--In addition to the amounts made 
        available under subsection (a), the Foundation may 
        accept Federal funds from a Federal agency under any 
        other Federal law for use by the Foundation to further 
        the assessment, prevention, reduction, and removal of 
        marine debris in accordance with the requirements of 
        this title.
          [(2) Use of funds accepted from federal agencies.--
        Federal funds provided to the Foundation under 
        paragraph (1) shall be used by the Foundation for 
        matching, in whole or in part, contributions (whether 
        in currency, services, or property) made to the 
        Foundation by private persons and State and local 
        government agencies.
  [(c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the 
Foundation shall not be used for--
          [(1) any expense related to litigation consistent 
        with Federal-wide cost principles; or
          [(2) any activity the purpose of which is to 
        influence legislation pending before Congress 
        consistent with Federal-wide cost principles.

[SEC. 119. TERMINATION OF AUTHORITY.

  [ The authority of the Foundation under this subtitle shall 
terminate on the date that is 10 years after the establishment 
of the Foundation, unless the Foundation is reauthorized by an 
Act of Congress.]