H.R. 886 — Engrossed in House

118th CONGRESS 2d Session H. R. 886 AN ACT 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. 1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act. 2. Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration (a) In general The Marine Debris Act (Public Law 109–449) is amended by inserting before section 3 the following: A NOAA And Coast Guard Programs . (b) Grants, cooperative agreements, contracts, and other agreements Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended— (1) in the subsection heading by striking and contracts and inserting contracts, and other agreements; (2) in paragraph (1) by striking and contracts and inserting , contracts, and other agreements; (3) in paragraph (2)— (A) in subparagraph (B)— (i) by striking part of the and inserting part of a; and (ii) by inserting or (C) after subparagraph (A); and (B) in subparagraph (C) in the matter preceding clause (i) by inserting and except as provided in subparagraph (B) after subparagraph (A); and (4) by adding at the end the following: (7) In-kind contributions With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project. . (c) Receipt and expenditure of funds; use of resources Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end the following: (e) Receipt and expenditure of funds In order to accomplish the purpose set forth in section 2, the Under Secretary, 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 Under Secretary, 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. . 3. Modifications to the Marine Debris Foundation (a) In general Subtitle B of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 6 of the Marine Debris Act (P.L. 109-449). (b) Status of foundation Section 111(a) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended, in the second sentence, by striking organization and inserting corporation. (c) Board of directors (1) Appointment, vacancies, and removal Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6) respectively; (B) by inserting before paragraph (2), as redesignated, the following: (1) Recommendations of board regarding appointments For appointments made under paragraph (2), the Board shall submit to the Under Secretary recommendations on candidates for appointment. ; (C) in paragraph (2), as redesignated, in the matter preceding subparagraph (A)— (i) by striking and considering and inserting considering; and (ii) by inserting and with the approval of the Secretary of Commerce, after by the Board,; (D) in paragraph (4)(A), as redesignated, by inserting with the approval of the Secretary of Commerce after the Board; (E) by amending paragraph (3), as redesignated, to read as follows: (3) Terms Any Director appointed under paragraph (2) shall be appointed for a term of 6 years. ; and (F) in paragraph (6), as redesignated— (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. (2) General powers Section 112(g) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (A) in paragraph (1)(A) by striking officers and employees and inserting the initial officers and employees; and (B) in paragraph (2)(B)(i) by striking its chief operating officer and inserting the chief executive officer of the Foundation. (3) Chief executive officer Section 112 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following: (h) Chief executive officer (1) Appointment; removal; review The Board may appoint, remove, and review the performance of the chief executive officer of the Foundation. (2) Powers The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation. . (d) Powers of foundation Section 113(c)(1) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended in the matter preceding subparagraph (A)— (1) by inserting nonprofit before corporation; and (2) by striking acting as a trustee and inserting formed. (e) Principal office Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following: (g) Principal office The Board shall locate the principal office of the Foundation in the National Capital Region, as such term is defined in section 2674(f)(2) of title 10, United States Code, or a coastal shoreline community. . (f) Best practices Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act and amended by subsection (e), is further amended by adding at the end the following: (h) Best practices (1) In general The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes. (2) Requirements The best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. . (g) Use of funds Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (1) in subsection (a)— (A) in paragraph (1) by striking 2024 and inserting 2025 and (B) in paragraph (2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities; and (2) in subsection (b)(2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities. (i) Authorization Section 9(a) of the Marine Debris Act (33 U.S.C. 1958) is amended by striking fiscal year 2023 and inserting each of fiscal years 2024 and 2025. 4. Transfers (a) Save our seas 2.0 act Subtitle C of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 119 of the Marine Debris Act (Public Law 109–449) as transferred and redesignated by this Act. (b) Marine debris act The Marine Debris Act (Public Law 109–449) is amended— (1) by transferring sections 7, 8, and 9 to appear after section 127, as transferred by this Act, and redesignated as sections 131, 132, and 133, respectively; and (2) by inserting before section 131, as so transferred and redesignated, the following: D Administration . 5. Definitions (a) In general Section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively; (3) by inserting after paragraph (1) the following: (1) Circular economy The term circular economy has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (2) Coastal shoreline community The term coastal shoreline community means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes. (3) EPA administrator The term EPA Administrator has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (4) 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). ; (4) by inserting after paragraph (8), as so redesignated, the following: (9) Nonprofit organization The term nonprofit organization has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (10) Post consumer materials management The term post-consumer materials management has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). ; (5) by inserting after paragraph (13), as so redesignated, the following: (14) 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). (15) Under Secretary The term Under Secretary has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). ; and (6) in paragraph (13), as so redesignated— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and (B) by inserting after subparagraph (A) the following: (B) Indian Tribe; . (b) Transfer (1) In general Section 2(7) of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to section 131 of the Marine Debris Act (Public Law 109–449), inserted after paragraph (8) (as redesignated), and redesignated as paragraph (8). (2) Redesignation Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224) is amended by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively. (c) Non-federal funds Paragraph (8)(D) of section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended by striking (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). 6. Conforming amendments (a) In general In sections 1, 2, 3, 4, 6 of the Marine Debris Act, and section 133 of the Marine Debris Act as transferred and so redesignated by this Act, strike Administrator and insert Under Secretary. (b) Section 5 In section 5 of the Marine Debris Act strike— (1) Administrator of the National Oceanic and Atmospheric Administration and insert Under Secretary; and (2) Administrator of the Environmental Protection Agency and insert EPA Administrator . (c) Section 123 In section 123, as transferred and so redesignated by this Act, strike title I and insert subtitle B. (d) Section 131 Paragraph (8)(D) of section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended by striking (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). (e) Section 134 Section 134 of the Marine Debris Act, as transferred and so redesignated by this Act, strike Administrator of the Environmental Protection Agency and insert EPA Administrator. Passed the House of Representatives March 11, 2024.Clerk.