[House Report 118-897]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-897
======================================================================
TO AMEND THE SAVE OUR SEAS 2.0 ACT TO MAKE THE DISTRICT OF COLUMBIA
ELIGIBLE FOR CERTAIN WASTEWATER INFRASTRUCTURE GRANTS, AND FOR OTHER
PURPOSES
_______
December 18, 2024.--Committed to the Committee of the Whole House on
the State of the Union and 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. 4043]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4043) to amend the Save Our Seas
2.0 Act to make the District of Columbia eligible for certain
wastewater infrastructure grants, and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 10
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................... 11
Changes in Existing Law Made by the Bill, as Reported............ 11
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. WASTEWATER INFRASTRUCTURE AND TRASH-FREE WATERS GRANTS.
Section 302 of the Save Our Seas 2.0 Act (33 U.S.C. 4282) is
amended--
(1) in subsection (c)(1)--
(A) by inserting ``States,'' before
``municipalities''; and
(B) by inserting a comma before ``or Indian Tribes'';
and
(2) in subsection (d)(1), by inserting ``States,'' before
``units of local government''.
Amend the title so as to read:
A bill to amend the Save Our Seas 2.0 Act to expand
eligibility for certain wastewater infrastructure grants, and
for other purposes.
Purpose of Legislation
The purpose of H.R. 4043 is to amend the Save Our Seas 2.0
Act to expand eligibility for certain wastewater infrastructure
grants, and for other purposes.
Background and Need for Legislation
The Save Our Seas 2.0 Act established requirements and
incentives to reduce, recycle, and prevent marine debris,
including through new programs to finance improvements to
domestic infrastructure.\1\ For example, sections (c) and (d)
of the Save Our Seas 2.0 Act authorize two water infrastructure
grants for wastewater infrastructure and trash-free waters.\2\
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\1\33 U.S.C. Sec. 4282.
\2\Id.
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Under section (c), wastewater infrastructure grants are
authorized to fund construction projects that remove plastic
waste and other materials from wastewater. These are available
to municipalities or Indian Tribes that own and operate
treatment works.\3\
---------------------------------------------------------------------------
\3\Id.
---------------------------------------------------------------------------
Section (d) authorizes trash-free waters grants for units
of local government, Indian Tribes, and nonprofit
organizations.\4\ These grants fund projects to reduce
waterborne solid waste at the source, enforce waste laws,
support waste policies, capture waste at stormwater points,
educate on waste reduction, and monitor waste flows to track
reductions in drinking water sources.\5\
---------------------------------------------------------------------------
\4\Id.
\5\Id.
---------------------------------------------------------------------------
H.R. 4043 expands the eligibility of these infrastructure
programs to make the District of Columbia and territories
eligible for these grants. Specifically, this legislation
includes ``States'', as defined by section 121 of the Save Our
Seas 2.0 Act, to the list of entities eligible for both
wastewater infrastructure grants and trash-free waters grants.
As defined in Section 121 of the Act, the term ``States''
includes: a state, an Indian Tribe, the District of Columbia,
and a territory or possession of the United States.\6\
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\6\Save Our Seas 2.0 Act of 2020, Pub. L. No. 116-224, 134 Stat.
1072.
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Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress--
On Thursday, September 28, 2023, the Subcommittee on Water
Resources and Environment of the Committee on Transportation
and Infrastructure held a hearing entitled, ``Clean Water
Infrastructure Financing: State and Local Perspectives and
Recent Developments.'' The Subcommittee received testimony from
Ms. Lori Johnson, Assistant Chief, Financial Services Division,
Oklahoma Water Resources Board, on behalf of the Council of
Infrastructure Financing Authorities; Mr. Todd P. Swingle, P.E.
Chief Executive Officer and Executive Director, Toho Water
Authority, on behalf of the National Association of Clean Water
Agencies; Mr. James M. Proctor II, Senior Vice President, Legal
and External Affairs, and General Counsel, McWane Inc., on
behalf of the United States Chamber of Commerce; and Ms.
Rebecca Hammer, Deputy Director, Federal Water Policy, Natural
Resources Defense Council. This hearing examined the water and
wastewater infrastructure needs for communities across the
nation, and current Federal financing that is available for
these projects.
Legislative History and Consideration
H.R. 4043, the ``To amend the Save Our Seas 2.0 Act to make
the District of Columbia eligible for certain wastewater
infrastructure grants, and for other purposes'', was introduced
in the United States House of Representatives on June 12, 2023,
by Del. Eleanor Holmes Norton and referred to the Committee on
Transportation and Infrastructure. Within the Committee on
Transportation and Infrastructure, H.R. 4043 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. 4043 on September
18, 2024.
The Committee considered H.R. 4043 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, 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.
No recorded votes were requested.
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. 4043 from the
Director of the Congressional Budget Office:
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the House
Committee on Transportation and Infrastructure during the 118th
Congress. The legislation listed in this table generally would
have small effects, if any, on direct spending or revenues, CBO
estimates. Where possible, the table also provides information
about the legislation's estimated effects on spending subject
to appropriation and on intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Direct Spending subject to Pay-as-you-go Budgetary
Bill Number Title Status Last Budget spending, Revenues, appropriation, 2025- procedures effects after Mandates Contact
action function 2025-2034 2025-2034 2029 apply? 2034
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 1586.......................... Forest Protection and Ordered reported...... 11/15/23 300 0 0 Not estimated......... No No Yes Lilia Ledezma
Wildland Firefighter
Safety Act of 2023.
H.R. 1586 would authorize federal, state, local, and tribal firefighting agencies to use approved fire retardants to prevent and suppress wildfires without first obtaining a National Pollutant
Discharge Elimination System permit. The bill also would prohibit state courts from issuing injunctions against state or tribal entities' dispersal of aerial fire retardants as part of wildfire
suppression or control. CBO estimates that enacting H.R. 1586 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The
bill would impose an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the annual threshold established in UMRA ($100 million in 2024,
adjusted annually for inflation). The bill contains no private-sector mandates as defined in UMRA.
H.R. 1720.......................... Ocean Pollution Ordered reported...... 09/18/24 300 0 0 Not estimated......... No No No Aurora Swanson
Reduction Act II.
H.R. 1720 would allow the Point Loma Wastewater Treatment Plant in San Diego, California, to discharge water without applying for an exemption from the secondary treatment standards of the
National Pollutant Discharge Elimination System if plant meets certain conditions specified in the bill. CBO estimates that enacting H.R. 1720 would not affect direct spending or revenues. CBO
has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 2892.......................... WARN Act.............. Ordered reported...... 09/18/24 800 0 0 Between zero and No No No Matthew Pickford
$500,000.
H.R. 2892 would require the Government Accountability Office within 18 months of enactment to study and report on the effectiveness of the nation's weather emergency alert systems. CBO estimates
that enacting H.R. 2892 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the
2025 2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3149.......................... A bill to designate Ordered reported...... 09/18/24 400 0 0 Between zero and No No No Kelly Durand
United States Route $500,000.
20 in the States of
Oregon, Idaho,
Montana, Wyoming,
Nebraska, Iowa,
Illinois, Indiana,
Ohio, Pennsylvania,
New York, and
Massachusetts as the
``National Medal of
Honor Highway,'' and
for other purposes.
H.R. 3149 would designate U.S. Route 20 as the National Medal of Honor Highway. CBO estimates that enacting H.R. 3149 would not affect direct spending or revenues. CBO estimates that implementing
the bill would increase spending subject to appropriation by less than $500,000 over the 2025 2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act.
H.R. 3988.......................... ARTICLE ONE Act....... Ordered reported...... 09/18/24 800 Between - 0 Not estimated......... Yes No No Kelly Durand
$500,000 and
zero
H.R. 3988 would amend the National Emergencies Act to limit to 30 days the duration of any national emergency declared by the President unless the Congress subsequently approves or extends the
declaration. The bill also would require the President to report to the Congress periodically on the need for and status of declared emergencies. CBO cannot predict the number or timing of
future declarations but expects that most would be approved by the Congress. Under H.R. 3988 emergency declarations could have a shorter duration than under current law. If that happens direct
spending related to such emergencies would decline; CBO estimates any reduction in direct spending would be insignificant. CBO estimates that enacting the bill would not affect revenues. CBO has
not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 4043.......................... H.R. 4043, a bill to Ordered reported...... 09/18/24 300 0 0 Not estimated......... No No No Aurora Swanson
amend the Save Our
Seas 2.0 Act to
expand eligibility
for certain
wastewater
infrastructure
grants, and for other
purposes.
H.R. 4043 would expand eligibility for certain wastewater infrastructure grants administered by the Environmental Protection Agency. CBO estimates that enacting H.R. 4043 would not affect direct
spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
H.R. 6241.......................... FULL Act.............. Ordered reported...... 11/15/23 800 Between zero 0 Not estimated......... No No No Matthew Pickford
and $500,000
H.R. 6241 would require federal agencies that have lease agreements with the General Services Administration (GSA) to annually report to GSA on their monthly use and occupancy rates. Under the
bill, agencies would be required to return space to GSA if occupancy falls below 60 percent for six months over any one-year period. Enacting H.R. 6241 could increase direct spending by some
agencies that are allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates that any net changes in direct spending by those agencies
would be negligible because most of them can adjust amounts collected to reflect changes in operating costs. CBO estimates that enacting H.R. 6241 would have no effect on revenues. CBO has not
estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6984.......................... A bill to designate Ordered reported...... 09/18/24 800 0 0 Between zero and No No No Matthew Pickford
the Federal building $500,000.
located at 300 E. 3rd
Street in North
Platte, Nebraska, as
the ``Virginia Smith
Federal Building,''
and for other
purposes.
H.R. 6984 would designate the federal building located at 300 E. 3rd Street in North Platte, Nebraska, as the Virginia Smith Federal Building. CBO estimates that enacting H.R. 6984 would not
affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025 2029 period. The bill contains
no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7671.......................... Disaster Management Ordered reported...... 09/25/24 450 0 0 Not estimated......... No No No Jon Sperl
Costs Modernization
Act.
H.R. 7671 would allow state and local governments that receive disaster assistance from the Federal Emergency Management Agency to repurpose unused funds that originally were allocated for
management costs. State and local governments could use the funds to increase their administrative capacity to prepare for, recover from, or mitigate the effects of disasters. Under current law,
unused funds are returned to the Disaster Relief Fund. Under the bill, those governments could retain unused funds for up to five years for disasters that are declared on or after the bill's
enactment date. CBO estimates that enacting H.R. 7671 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill
contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7779.......................... Good Samaritan Ordered reported...... 09/18/24 300 Between zero 0 Not estimated......... Yes Insignificant No Aurora Swanson
Remediation of and $500,000
Abandoned Hardrock
Mines Act of 2024.
H.R. 7779 would establish a Good Samaritan pilot program and authorize the Environmental Protection Agency to issue permits for projects to remediate mine residue at abandoned hardrock mine
sites. The bill would establish a remediation fund for federal agencies to administer projects carried out by Good Samaritans (entities that are not current owners or operators of an abandoned
site; had no role in the creation of the mine residue; and are not potentially liable under any law for the remediation, treatment, or control of the mine residue). The spending would be funded
by appropriations and by deposits from nonfederal sources, such as donations, agreements for long-term operations and maintenance costs, and insurance proceeds if a Good Samaritan fails to
complete a project. The bill also would waive the applicability of all other laws with respect to the use of the fund, including the Antideficiency Act, which could allow amounts to be obligated
before expected deposits into the fund are received. However, CBO expects that spending of any such advance obligations would be constrained by amounts ultimately deposited into the fund. On
that basis, CBO estimates that enacting H.R. 7779 would increase net direct spending by less than $500,000 over the 2025-2034 period and have no effect on revenues. CBO has not estimated the
bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8505.......................... Household Goods Ordered reported...... 09/18/24 400 0 Between Not estimated......... Yes No No Zunara Naeem
Shipping Consumer zero and
Protection Act. $500,000
H.R. 8505 would allow the Federal Motor Carrier Safety Administration to assess penalties for entities that illegally ship household goods. The bill also would allow states to enforce and collect
fines on such entities. As a result, CBO estimates that enacting H.R. 8505 could increase revenues because those penalties are recorded in the budget as revenues. Because the number of entities
affected is likely to be small, CBO estimates that the increase in revenues would be less than $500,000 over the 2025-2034 period. CBO estimates that enacting the bill would have no effect on
direct spending. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
H.R. 8530.......................... Improving Federal Ordered reported...... 09/18/24 800 Between zero 0 Not estimated......... Yes No No Matthew Pickford
Building Security Act and $500,000
of 2024.
H.R. 8530 would require federal agencies to respond within 90 days to recommendations by the Federal Protective Service, within the Department of Homeland Security (DHS), concerning building
security. Agencies could adopt or reject those recommendations but would need to explain their rejections. The bill would require DHS to track recommendations and responses and to report
annually to the Congress concerning all recommendations. Enacting H.R. 8530 could increase direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and
other collections to cover operating costs. CBO estimates that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts collected to
reflect changes in operating costs. CBO estimates that enacting H.R. 8530 would have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The
bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8692.......................... The Amtrak Ordered reported...... 09/18/24 400 0 0 0 No No Yes Zunara Naeem
Transparency and
Accountability for
Passengers and
Taxpayer Act.
H.R. 8692 would require Amtrak to hold open meetings in accordance with current requirements for most federal agencies. Because Amtrak is considered a nonfederal entity, CBO estimates that
enacting H.R. 8692 would have no effect on the federal budget. The bill would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the
annual threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The bill contains no intergovernmental mandates as defined in UMRA.
H.R. 8995.......................... Baby Changing on Board Ordered reported...... 09/18/24 400 0 0 0 No No Yes Kelly Durand
Act.
H.R. 8995 would require Amtrak trains purchased after the bill's enactment to include baby-changing tables in all train restrooms that are subject to the requirements of the Americans With
Disabilities Act of 1990. Because Amtrak is considered a nonfederal entity, CBO estimates that enacting H.R. 8995 would have no effect on the federal budget. The bill would impose a private-
sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The bill
contains no intergovernmental mandates as defined in UMRA.
H.R. 9024.......................... Extreme Weather and Ordered reported...... 09/18/24 450 0 0 Not estimated......... No No No Jon Sperl
Heat Response
Modernization Act.
H.R. 9024 would require the Federal Emergency Management Agency (FEMA) to issue guidance for disaster relief programs concerning extreme-temperature events and to consider innovative preparedness
and mitigation projects for such disasters in its grantmaking. The bill also would require FEMA to convene an advisory panel to review the definition of incident periods for extreme-temperature
events and to issue regulations revising those periods. Finally, the bill would require FEMA to study the effects of extreme-temperature disasters, develop guidance and best practices for
responding to such events, and report to the Congress. CBO estimates that enacting H.R. 9024 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending
subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9313.......................... Think Differently Ordered reported...... 09/18/24 800 0 0 Between zero and No No No Matthew Pickford
About Building $500,000.
Accessibility Act.
H.R. 9313 would direct the Government Accountability Office to report to the Congress concerning accessibility for people with disabilities in all office buildings controlled by the General
Services Administration. CBO estimates that enacting H.R. 9313 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to
appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9541.......................... POWER Act of 2024..... Ordered reported...... 09/18/24 450 0 0 Not estimated......... No No No Jon Sperl
H.R. 9541 would authorize electric utilities that receive disaster assistance from the Federal Emergency Management Agency for emergency power restoration to implement mitigation activities as
part of power restoration. Those actions would not disqualify utilities from receiving mitigation assistance under the Public Assistance Program. CBO estimates that enacting H.R. 9541 would not
affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act.
H.R. 9591.......................... A bill to require the Ordered reported...... 09/18/24 800 Between - 0 Not estimated......... No No No Emma Uebelhor
Administrator of $500,000 and
General Services to zero
sell certain property
related to United
States Penitentiary,
Leavenworth, and for
other purposes.
H.R. 9591 would require the General Services Administration (GSA) to sell any property in the State of Missouri associated with the Federal Correctional Institution, Leavenworth, which is located
in Kansas. Net proceeds from the sale would be deposited into the Federal Buildings Fund and recorded in the budget as offsetting receipts (that is, as reductions in direct spending). Using
information from GSA, CBO estimates that the property could be sold for about $500,000; therefore, CBO estimates that enacting H.R. 9591 would decrease direct spending by an insignificant
amount. CBO estimates that enacting the bill would not affect revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9750.......................... Natural Disaster Ordered reported...... 09/25/24 450 0 0 Not estimated......... No No No Jon Sperl
Recovery Program Act
of 2024.
H.R. 9750 would create a Natural Disaster Recovery Fund, to be administered by the Federal Emergency Management Agency, from which the agency would make grants to state and tribal governments to
cover unmet needs following major disasters. Those governments would determine how funds are spent. The bill also would expand the availability of disaster assistance for housing repairs and
require several reports related to disaster recovery programs. CBO estimates that enacting H.R. 9750 would not affect direct spending or revenues. CBO has not estimated the bill's effects on
spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
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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
provide access to certain wastewater infrastructure grants to
Territories, and the District of Columbia in addition to
States.
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. 4043 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. 4043 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were 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. Wastewater Infrastructure and Trash Free Waters Grants
This section amends Sections (c)(1) and (d)(1) of the Save
Our Seas Act 2.0 by inserting ``States'' to the list of
locations eligible to participate in certain federal programs.
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 (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
* * * * * * *
TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS
* * * * * * *
SEC. 302. GRANT PROGRAMS.
(a) Post-Consumer Materials Management Infrastructure Grant
Program.--
(1) In general.--The EPA Administrator may provide
grants to States to implement the strategy developed
under section 301(a) and--
(A) to support improvements to local post-
consumer materials management, including
municipal recycling programs; and
(B) to assist local waste management
authorities in making improvements to local
waste management systems.
(2) Applications.--To be eligible to receive a grant
under paragraph (1), the applicant State shall submit
to the EPA Administrator an application at such time,
in such manner, and containing such information as the
EPA Administrator may require.
(3) Contents of applications.--In developing
application requirements, the EPA Administrator shall
consider requesting that a State applicant provide--
(A) a description of--
(i) the project or projects to be
carried out using grant funds; and
(ii) how the project or projects
would result in the generation of less
plastic waste;
(B) a description of how the funds will
support disadvantaged communities; and
(C) an explanation of any limitations, such
as flow control measures, that restrict access
to reusable or recyclable materials.
(4) Report to congress.--Not later than January 1,
2023, the EPA Administrator shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House
of Representatives a report that includes--
(A) a description of the activities carried
out under this subsection;
(B) estimates as to how much plastic waste
was prevented from entering the oceans and
other waterways as a result of activities
funded pursuant to this subsection; and
(C) a recommendation on the utility of
evolving the grant program into a new waste
management State revolving fund.
(b) Drinking Water Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide
competitive grants to units of local government, Indian
Tribes, and public water systems (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f))
to support improvements in reducing and removing
plastic waste and post-consumer materials, including
microplastics and microfibers, from drinking water or
sources of drinking water, including planning, design,
construction, technical assistance, and planning
support for operational adjustments.
(2) Applications.--To be eligible to receive a grant
under paragraph (1), an applicant shall submit to the
EPA Administrator an application at such time, in such
manner, and containing such information as the EPA
Administrator may require.
(c) Wastewater Infrastructure Grants.--
(1) In general.--The EPA Administrator may provide
grants to States, municipalities (as defined in section
502 of the Federal Water Pollution Control Act (33
U.S.C. 1362)), or Indian Tribes that own and operate
treatment works (as such term is defined in section 212
of such Act (33 U.S.C. 1292)) for the construction of
improvements to reduce and remove plastic waste and
post-consumer materials, including microplastics and
microfibers, from wastewater.
(2) Applications.--To be eligible to receive a grant
under paragraph (1), an applicant shall submit to the
EPA Administrator an application at such time, in such
manner, and containing such information as the EPA
Administrator may require.
(d) Trash-Free Waters Grants.--
(1) In general.--The EPA Administrator may provide
grants to States, units of local government, Indian
Tribes, and nonprofit organizations--
(A) to support projects to reduce the
quantity of solid waste in bodies of water by
reducing the quantity of waste at the source,
including through anti-litter initiatives;
(B) to enforce local post-consumer materials
management ordinances;
(C) to implement State or local policies
relating to solid waste;
(D) to capture post-consumer materials at
stormwater inlets, at stormwater outfalls, or
in bodies of water;
(E) to provide education and outreach about
post-consumer materials movement and reduction;
and
(F) to monitor or model flows of post-
consumer materials, including monitoring or
modeling a reduction in trash as a result of
the implementation of best management practices
for the reduction of plastic waste and other
post-consumer materials in sources of drinking
water.
(2) Applications.--To be eligible to receive a grant
under paragraph (1), an applicant shall submit to the
EPA Administrator an application at such time, in such
manner, and containing such information as the EPA
Administrator may require.
(e) Applicability of Federal Law.--
(1) In general.--The EPA Administrator shall ensure
that all laborers and mechanics employed on projects
funded directly, or assisted in whole or in part, by a
grant established by this section shall be paid wages
at rates not less than those prevailing on projects of
a character similar in the locality as determined by
the Secretary of Labor in accordance with subchapter IV
of chapter 31 of part A of subtitle II of title 40,
United States Code.
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor
shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267;
5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(3) Requirements.--The requirements of section 608 of
the Federal Water Pollution Control Act (33 U.S.C.
1388) shall apply to the construction of a project
carried out, in whole or in part, with assistance made
available under this section in the same manner as the
requirements of such section apply with respect to
funds made available pursuant to title VI of such Act.
(f) Limitation on Use of Funds.--A grant under this section
may not be used (directly or indirectly) as a source of payment
(in whole or in part) of, or security for, an obligation the
interest on which is excluded from gross income under section
103 of the Internal Revenue Code of 1986.
(g) Authorization of Appropriations.--There are authorized to
be appropriated--
(1) for the program described subsection (a),
$55,000,000 for each of fiscal years 2021 through 2025;
and
(2) for each of the programs described subsections
(b), (c), and (d), $10,000,000 for each of fiscal years
2021 through 2025.
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