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


118th Congress }                                       { Rept. 118-167
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                       { Part 2

======================================================================
 
                    SAVE OUR SEAS 2.0 AMENDMENTS ACT

                                _______
                                

 September 8, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, 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 Natural Resources, 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.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Save Our Seas 2.0 Amendments Act''.

SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDATION.

  (a) Definition of Tribal Organization.--Section 2 of the Save Our 
Seas 2.0 Act (33 U.S.C. 4201) is amended--
          (1) in paragraph (7)(D), by striking ``(as defined'' and all 
        that follows through ``5304))''; and
          (2) by inserting after paragraph (10) the following:
          ``(10A) Tribal organization.--The term `Tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).''.
  (b) Status of Foundation.--Section 111(a) of such Act (33 U.S.C. 
4211(a)) is amended, in the second sentence, by striking 
``organization'' and inserting ``corporation''.
  (c) Board of Directors.--
          (1) Appointment, vacancies, and removal.--Section 112(b) of 
        such Act (33 U.S.C. 4212(b)) is amended--
                  (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                          (i) by striking ``and considering'' and 
                        inserting ``considering'';
                          (ii) by inserting ``and with the approval of 
                        the Secretary of Commerce,'' after ``by the 
                        Board,''; and
                          (iii) by inserting ``and such other criteria 
                        as the Under Secretary may establish'' after 
                        ``subsection (a)'';
                  (B) in paragraph (3)(A), by inserting ``with the 
                approval of the Secretary of Commerce'' after ``the 
                Board'';
                  (C) in paragraph (5)--
                          (i) by inserting ``the Administrator of the 
                        United States Agency for International 
                        Development,'' after ``Service,''; and
                          (ii) by inserting ``and with the approval of 
                        the Secretary of Commerce'' after ``EPA 
                        Administrator'';
                  (D) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively; and
                  (E) by inserting after paragraph (1) the following:
          ``(2) Recommendations of board regarding appointments.--For 
        appointments made under paragraph (1) other than the initial 
        appointments, the Board shall submit to the Under Secretary 
        recommendations on candidates for appointment.''.
          (2) General powers.--Section 112(g) of such Act (33 U.S.C. 
        4212(g)) is amended--
                  (A) in paragraph (1)(A), by striking ``officers and 
                employees'' and inserting ``the initial officers and 
                employees''; and
                  (B) in paragraph (2)(B)(i), by striking ``its chief 
                operating officer'' and inserting ``the chief executive 
                officer of the Foundation''.
          (3) Chief executive officer.--Section 112 of such Act (33 
        U.S.C. 4212) is amended by adding at the end the following:
  ``(h) Chief Executive Officer.--
          ``(1) Appointment; removal; review.--The Board shall appoint 
        and may remove and review the performance of the chief 
        executive officer of the Foundation.
          ``(2) Powers.--The chief executive officer of the Foundation 
        may appoint, remove, and review the performance of any officer 
        or employee of the Foundation.''.
  (d) Powers of Foundation.--Section 113(c)(1) of such Act (33 U.S.C. 
4213(c)(1)) is amended, in the matter preceding subparagraph (A)--
          (1) by inserting ``nonprofit'' before ``corporation''; and
          (2) by striking ``acting as a trustee'' and inserting 
        ``formed''.
  (e) Principal Office.--Section 113 of such Act (33 U.S.C. 4213) is 
amended by adding at the end the following:
  ``(g) Principal Office.--The Board may locate the principal office of 
the Foundation outside the District of Columbia and is encouraged to 
locate that office in a coastal State.''.
  (f) Best Practices.--Section 113 of such Act (33 U.S.C. 4213), as 
amended by subsection (e), is further amended by adding at the end the 
following:
  ``(h) Best Practices.--
          ``(1) In general.--The Foundation shall develop and implement 
        best practices for conducting outreach to Indian Tribes.
          ``(2) Requirements.--The best practices developed under 
        paragraph (1) shall--
                  ``(A) include a process to support technical 
                assistance and capacity building to improve outcomes; 
                and
                  ``(B) promote an awareness of programs and grants 
                available under this Act.''.
  (g) Use of Funds.--Section 118 of such Act (33 U.S.C. 4218) is 
amended--
          (1) in subsection (a)(2), by striking ``and State and local 
        government agencies'' and inserting ``, State and local 
        government agencies, United States and international 
        nongovernmental organizations, regional organizations, Indian 
        tribes, Tribal organizations, and foreign government 
        entities''; and
          (2) in subsection (b)(2), by striking ``and State and local 
        government agencies'' and inserting ``, State and local 
        government agencies, United States and international 
        nongovernmental organizations, regional organizations, and 
        foreign government entities''.

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

  (a) Grants, Cooperative Agreements, Contracts, and Other 
Agreements.--Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) 
is amended--
          (1) in the subsection heading, by striking ``and Contracts'' 
        and inserting ``Contracts, and Other Agreements'';
          (2) in paragraph (1), by striking ``and contracts'' and 
        inserting ``, contracts, and other agreements'';
          (3) in paragraph (2)--
                  (A) in subparagraph (B)--
                          (i) by striking ``part of the'' and inserting 
                        ``part of a''; and
                          (ii) by inserting ``or (C)'' after 
                        ``subparagraph (A)''; and
                  (B) in subparagraph (C), in the matter preceding 
                clause (i), by inserting ``and except as provided in 
                subparagraph (B)'' after ``subparagraph (A)''; and
          (4) by adding at the end the following:
          ``(7) In-kind contributions.--With respect to any project 
        carried out pursuant to a contract or other agreement entered 
        into under paragraph (1) that is not a cooperative agreement or 
        an agreement to provide financial assistance in the form of a 
        grant, the Administrator may contribute on an in-kind basis the 
        portion of the costs of the project that the Administrator 
        determines represents the amount of benefit the National 
        Oceanic and Atmospheric Administration derives from the 
        project.''.
  (b) Receipt and Expenditure of Funds; Use of Resources.--Section 3 of 
such Act (33 U.S.C. 1952) is amended by adding at the end the 
following:
  ``(e) Receipt and Expenditure of Funds.--In order to accomplish the 
purpose set forth in section 2, the Administrator, acting through the 
Program, may receive and, only to the extent provided in advance in 
appropriations Acts, expend funds made available by--
          ``(1) any department, agency, or instrumentality of the 
        United States;
          ``(2) any State or local government (or any political 
        subdivision thereof);
          ``(3) any Indian tribe;
          ``(4) any foreign government or international organization;
          ``(5) any public or private organization; or
          ``(6) any individual.
  ``(f) Use of Resources.--In order to accomplish the purpose set forth 
in section 2, the Administrator, acting through the Program, may use, 
with consent, with reimbursement, and subject to the availability of 
appropriations, the land, services, equipment, personnel, and 
facilities of--
          ``(1) any department, agency, or instrumentality of the 
        United States;
          ``(2) any State or local government (or any political 
        subdivision thereof);
          ``(3) any Indian tribe;
          ``(4) any foreign government or international organization;
          ``(5) any public or private organization; or
          ``(6) any individual.''.
  (c) Definition of Indian Tribe.--Section 7 of such Act (33 U.S.C. 
1956) is amended by inserting after paragraph (1) the following:
          ``(1A) Indian tribe.--The term `Indian tribe' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).''.

                       Purpose of the Legislation

    The purpose of H.R. 886 is 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.

                  Background and Need for Legislation

    In 2006, the Marine Debris Act (P.L. 109-449) established 
the National Oceanic and Atmospheric Administration (NOAA) as 
the main federal agency in charge of addressing marine 
debris.\1\ The Marine Debris Act required NOAA 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, marine environment, and 
navigation safety.''\2\ The law authorized $10 million a year 
from fiscal years (FY) 2006 through 2010 and allowed for 10 
percent federal administrative costs.
---------------------------------------------------------------------------
    \1\Public Law 109-449, the Marine Debris Research, Prevention, and 
Reduction Act. https://www.congress.gov/109/statute/STATUTE-120/
STATUTE-120-Pg3333.pdf.
    \2\Id. at Section 2. Purpose.
---------------------------------------------------------------------------
    In 2018, Congress passed the Save Our Seas Act (P.L. 115-
265), which amended the Marine Debris Act by reauthorizing 
appropriations ($10 million per year) through FY 2022, reducing 
the administrative costs to 5 percent, giving the NOAA 
Administrator the authority to declare ``severe marine debris 
events'' and authorize funds to assist with cleanup and 
response.\3\
---------------------------------------------------------------------------
    \3\P.L. 115-265, Save our Seas Act of 2018.
---------------------------------------------------------------------------
    In 2020, Congress passed the Save Our Seas 2.0 Act (P.L. 
116-224), which reauthorized the Marine Debris Program through 
FY 2024, increased authorizations of appropriations to $15 
million per year, and increased the cap on administrative costs 
to 7 percent. In addition, the Save Our Seas 2.0 Act 
established the Marine Debris Foundation (Foundation), created 
a Genius Prize for Save Our Seas Innovations and required 
several new reports and studies on different aspects of marine 
debris. This included a report on impacts of derelict fishing 
gear, uses of plastic waste, vessel recycling, and a pilot 
program for providing incentives to fishermen to collect and 
dispose of plastic found at sea. The law authorized $10 million 
in appropriations from FY 2021 through 2024 for NOAA to 
implement these new authorities.\4\
---------------------------------------------------------------------------
    \4\P.L. 116-224, Save our Seas 2.0 Act.
---------------------------------------------------------------------------
    As amended, H.R. 886 would make several changes to the 
Foundation including requiring the Secretary of Commerce to 
approve appointments to the Foundation's Board of Directors, 
allowing the Foundation to locate its office outside the 
District of Columbia, and directing the Foundation to develop 
best practices for conducting outreach to Indian tribes and 
tribal governments. Lastly, H.R. 886 authorizes the Foundation 
to match grants provided by non-governmental organizations, 
regional organizations, Indian tribes, Tribal organizations, 
and foreign government entities.
    H.R. 886 would also amend the Marine Debris Act by 
providing more flexibility to enter into different types of 
agreements and to work with non-profits and individuals. It 
would also enable third parties to provide funding to NOAA for 
projects without having to reimburse actual costs and provides 
for a technical fix that authorizes a discretionary cost-share 
waiver for grants to address severe marine debris events.

                            Committee Action

    H.R. 886 was introduced on February 9, 2023, by Rep. 
Suzanne Bonamici (D-OR). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water, Wildlife and Fisheries. The bill was 
also referred to the Committee on Transportation and 
Infrastructure. On March 23, 2023, the Subcommittee on Water, 
Wildlife and Fisheries held a hearing on the bill. On May 17, 
2023, the Committee on Natural Resources met to consider the 
bill. The Subcommittee on Water, Wildlife and Fisheries was 
discharged from further consideration of H.R. 886 by unanimous 
consent. Chairman Bruce Westerman (R-AR) offered an amendment, 
designated Westerman #1. The amendment offered by Chairman 
Westerman was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on March 23, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Save Our Seas 2.0 Amendments Act''.

Section 2. Modifications to the Marine Debris Foundation

    Section 2 requires the Secretary of Commerce to approve 
appointment to the Foundation's Board of Directors. It allows 
the Foundation to locate its office outside of the District of 
Columbia and directs the Foundation to develop best practices 
for conducting outreach to Indian tribes and tribal 
governments.

Section 3. Modifications to the Marine Debris Program at NOAA

    Section 3 clarifies that NOAA can enter into other 
agreements, outside of contracts, as part of the Marine Debris 
Program. It authorizes the NOAA Administrator to accept in-kind 
contributions for the program and clarifies the expenditure and 
use of funds by the program.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 886 would authorize appropriations for the Marine 
Debris Foundation that would match the contributions it 
receives from foreign governments and from tribal, regional, 
and nongovernmental organizations. (That nonprofit charitable 
foundation supports efforts to remove plastics, discarded 
fishing gear, rubber, and other harmful materials from the 
marine environment.) Under current law, the foundation receives 
federal matching funds only for contributions from private 
individuals and state or local governments. The bill also would 
authorize the National Oceanic and Atmospheric Administration 
(NOAA), under the Marine Debris Program, to receive funds from 
other federal agencies and nonfederal entities. The spending of 
those funds would be subject to appropriations.
    The foundation is permitted to fund operations using 
donations from nonfederal sources until its authority 
terminates in 2030. It also is authorized to invest 
appropriated funds in Treasury securities and to spend any 
credited interest without further appropriation.
    CBO estimates that the foundation will receive 
contributions of $12 million from nonfederal entities over the 
2024-2028 period, with about half of that amount coming from 
entities not eligible for matching under current law. The 
extent to which those entities would contribute to the 
foundation under H.R. 886 is uncertain. Collections could be 
higher or lower than CBO estimates.
    Using research results about the effects of matching 
charitable contributions, CBO expects that implementing H.R. 
886 would increase donations from nonfederal entities by about 
20 percent. Based on spending patterns for similar programs, 
CBO estimates that matching the additional contributions would 
cost $7 million over the 2024-2028 period. Such spending would 
be subject to the appropriation of the estimated amounts.
    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 any 
spending of interest credited to the account would be 
insignificant.
    The contributions received by NOAA for the Marine Debris 
Program 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.
    The costs of the legislation, detailed in Table 1, 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
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       0       *       1       1       2       3         7
Estimated Outlays....................................       0       *       1       1       2       3         7
----------------------------------------------------------------------------------------------------------------
*= between zero and $500,000.

    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. The two bills are similar, as 
are CBO's estimates of their budgetary effects.
    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.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, this bill 
contains no unfunded mandates as defined by the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  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.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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):

                         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) 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) 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) 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).
          (10A) Tribal organization.--The term ``Tribal 
        organization'' has the meaning given the term in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
          (11) 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] 
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, [and considering] 
        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) and such other 
        criteria as the Under Secretary may establish, 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.
          [(2)] (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.
          [(3)] (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.
          [(4)] (5) Reappointment.--An individual shall not 
        serve more than 2 consecutive terms as a Director, 
        excluding any term of less than 6 years.
          [(5)] (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 [officers and employees] 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 [its chief operating 
                        officer] 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 [acting as a 
        trustee] 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 State.
  (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. 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], 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 [and State and local 
        government agencies], State and local government 
        agencies, United States and international 
        nongovernmental organizations, regional 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.

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                              ----------                              


                           MARINE DEBRIS ACT




           *       *       *       *       *       *       *
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.

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SEC. 7. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.
          (1A) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
          (2) Interagency committee.--The term ``Interagency 
        Committee'' means the Interagency Marine Debris 
        Coordinating Committee established under section 5 of 
        this Act.
          (3) 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) 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)).
          (6) 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) Program.--The term ``Program'' means the Marine 
        Debris Program established under section 3.
          (7) 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) the District of Columbia;
                  (C) American Samoa, Guam, the Northern 
                Mariana Islands, Puerto Rico, and the Virgin 
                Islands; and
                  (D) 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.

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