H.R. 886 — Reported in House

IB Union Calendar No. 154 118th CONGRESS 1st Session H. R. 886 [Report No. 118–167, Parts I and II] IN THE HOUSE OF REPRESENTATIVES February 9, 2023Ms. Bonamici (for herself, Mrs. González-Colón, Ms. Pingree, Mr. Casten, Mr. Lieu, Mr. Huffman, and Mrs. Peltola) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned August 25, 2023Reported from the Committee on Transportation and Infrastructure with an amendmentStrike out all after the enacting clause and insert the part printed in italic August 25, 2023Referral to the Committee on Natural Resources extended for a period ending not later than September 30, 2023 September 8, 2023Additional sponsors: Mr. Case, Ms. Porter, and Ms. Eshoo September 8, 2023Reported from the Committee on Natural Resources with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in boldface romanFor text of introduced bill, see copy of bill as introduced on February 9, 2023 A BILL To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes. 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 Administrator may contribute on an in-kind basis the portion of the costs of the project that the Administrator determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project. . (c) Receipt and expenditure of funds; use of resources Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end the following: (e) Receipt and expenditure of funds In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. (f) Use of resources In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may use, with consent, with reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. . 3. Modifications to the Marine Debris Foundation (a) In general Subtitle B of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 6 of the Marine Debris Act (P.L. 109-449). (b) Status of foundation Section 111(a) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended, in the second sentence, by striking organization and inserting corporation. (c) Board of directors (1) Appointment, vacancies, and removal Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (A) in paragraph (1) in the matter preceding subparagraph (A)— (i) by striking and considering and inserting considering; and (ii) by inserting and with the approval of the Secretary of Commerce, after by the Board,; (B) in paragraph (3)(A) by inserting with the approval of the Secretary of Commerce after the Board; (C) in paragraph (5)— (i) by inserting the Administrator of the United States Agency for International Development, after Service,; and (ii) by inserting and with the approval of the Secretary of Commerce after EPA Administrator; (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: (2) Recommendations of Board regarding appointments For appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment. . (2) General powers Section 112(g) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (A) in paragraph (1)(A) by striking officers and employees and inserting the initial officers and employees; and (B) in paragraph (2)(B)(i) by striking its chief operating officer and inserting the chief executive officer of the Foundation. (3) Chief executive officer Section 112 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following: (h) Chief executive officer (1) Appointment; removal; review The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. (2) Powers The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation. . (d) Powers of foundation Section 113(c)(1) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended in the matter preceding subparagraph (A)— (1) by inserting nonprofit before corporation; and (2) by striking acting as a trustee and inserting formed. (e) Principal office Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following: (g) Principal office The Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal shoreline community. . (f) Best practices Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act and amended by subsection (e), is further amended by adding at the end the following: (h) Best practices (1) In general The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes. (2) Requirements The best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. . (g) Use of funds Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended— (1) in subsection (a)— (A) in paragraph (1) by striking 2024 and inserting 2025; (B) in paragraph (2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities; and (2) in subsection (b)(2) by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities. (h) Technical amendment Section 11328(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117–263) is amended by striking “Maritime” and inserting “Marine”. (i) Authorization Section 9(a) of the Marine Debris Act (33 U.S.C. 1958) is amended by striking fiscal year 2023 and inserting each of fiscal years 2024 and 2025. 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: C 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 redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (6), (7), (8), (12), (13), and (14), respectively; (2) by inserting after paragraph (1) the following: (2) Circular economy The term circular economy has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (3) Coastal shoreline community The term coastal shoreline community means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes. (4) EPA Administrator The term EPA Administrator has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (5) Indian Tribe The term Indian Tribe has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). ; (3) by inserting after paragraph (9), as so redesignated, the following: (10) Nonprofit organization The term nonprofit organization has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). (11) Post consumer materials management The term post-consumer materials management has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). ; (4) by inserting after paragraph (14), as so redesignated, the following: (15) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (16) Under Secretary The term Under Secretary has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224). ; and (5) in paragraph (14), as so redesignated— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and (B) by inserting after subparagraph (A) the following: (B) Indian Tribe; . (b) Transfer (1) In general Section 2(7) of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to section 131 of the Marine Debris Act (Public Law 109–449), inserted after paragraph (8) (as redesignated), and redesignated as paragraph (9). (2) Redesignation Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224) is amended by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively. (c) Non-Federal funds Paragraph (9)(D) of section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended by striking (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). 1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act. 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. 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). . September 8, 2023Reported from the Committee on Natural Resources with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed