I 

118TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2023 

Ms. BONAMICI (for herself, Mrs. GONZA ́LEZ-COLO ́N, 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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save Our Seas 2.0 

5 Amendments Act’’. 


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1 SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDA2 TION. 

3 (a) DEFINITION OF TRIBAL ORGANIZATION.—Sec4 tion 2 of the Save Our Seas 2.0 Act (33 U.S.C. 4201) 

5 is amended— 

6 (1) in paragraph (7)(D), by striking ‘‘(as de7 fined’’ and all that follows through ‘‘5304))’’; and 

8 (2) by inserting after paragraph (10) the fol9 lowing: 

10 ‘‘(10A) TRIBAL ORGANIZATION.—The term 

11 ‘Tribal organization’ has the meaning given the term 

12 in section 4 of the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 5304).’’. 

14 (b) STATUS OF FOUNDATION.—Section 111(a) of 

15 such Act (33 U.S.C. 4211(a)) is amended, in the second 

16 sentence, by striking ‘‘organization’’ and inserting ‘‘cor17 poration’’. 

18 (c) BOARD OF DIRECTORS.— 

19 (1) APPOINTMENT, VACANCIES, AND RE20 MOVAL.—Section 112(b) of such Act (33 U.S.C. 

21 4212(b)) is amended— 

22 (A) in paragraph (1), in the matter pre23 ceding subparagraph (A)— 

24 (i) by striking ‘‘and considering’’ and 

25 inserting ‘‘considering’’; 


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1 (ii) by inserting ‘‘and with the ap2 proval of the Secretary of Commerce,’’ 

3 after ‘‘by the Board,’’; and 

4 (iii) by inserting ‘‘and such other cri5 teria as the Under Secretary may estab6 lish’’ after ‘‘subsection (a)’’; 

7 (B) in paragraph (3)(A), by inserting 

8 ‘‘with the approval of the Secretary of Com9 merce’’ after ‘‘the Board’’; 

10 (C) in paragraph (5)— 

11 (i) by inserting ‘‘the Administrator of 

12 the United States Agency for International 

13 Development,’’ after ‘‘Service,’’; and 

14 (ii) by inserting ‘‘and with the ap15 proval of the Secretary of Commerce’’ after 

16 ‘‘EPA Administrator’’; 

17 (D) by redesignating paragraphs (2) 

18 through (5) as paragraphs (3) through (6), re19 spectively; and 

20 (E) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) RECOMMENDATIONS OF BOARD REGARD23 ING APPOINTMENTS.—For appointments made 

24 under paragraph (1) other than the initial appoint25 ments, the Board shall submit to the Under SecVerDate Sep 11 2014 05:39 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H886.IH H886

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1 retary recommendations on candidates for appoint2 ment.’’. 

3 (2) GENERAL POWERS.—Section 112(g) of such 

4 Act (33 U.S.C. 4212(g)) is amended— 

5 (A) in paragraph (1)(A), by striking ‘‘offi6 cers and employees’’ and inserting ‘‘the initial 

7 officers and employees’’; and 

8 (B) in paragraph (2)(B)(i), by striking ‘‘its 

9 chief operating officer’’ and inserting ‘‘the chief 

10 executive officer of the Foundation’’. 

11 (3) CHIEF EXECUTIVE OFFICER.—Section 112 

12 of such Act (33 U.S.C. 4212) is amended by adding 

13 at the end the following: 

14 ‘‘(h) CHIEF EXECUTIVE OFFICER.— 

15 ‘‘(1) APPOINTMENT; REMOVAL; REVIEW.—The 

16 Board shall appoint and may remove and review the 

17 performance of the chief executive officer of the 

18 Foundation. 

19 ‘‘(2) POWERS.—The chief executive officer of 

20 the Foundation may appoint, remove, and review the 

21 performance of any officer or employee of the Foun22 dation.’’. 

23 (d) POWERS OF FOUNDATION.—Section 113(c)(1) of 

24 such Act (33 U.S.C. 4213(c)(1)) is amended, in the mat25 ter preceding subparagraph (A)— 


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1 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora2 tion’’; and 

3 (2) by striking ‘‘acting as a trustee’’ and insert4 ing ‘‘formed’’. 

5 (e) PRINCIPAL OFFICE.—Section 113 of such Act (33 

6 U.S.C. 4213) is amended by adding at the end the fol7 lowing: 

8 ‘‘(g) PRINCIPAL OFFICE.—The Board may locate the 

9 principal office of the Foundation outside the District of 

10 Columbia and is encouraged to locate that office in a 

11 coastal State.’’. 

12 (f) BEST PRACTICES.—Section 113 of such Act (33 

13 U.S.C. 4213), as amended by subsection (e), is further 

14 amended by adding at the end the following: 

15 ‘‘(h) BEST PRACTICES.— 

16 ‘‘(1) IN GENERAL.—The Foundation shall de17 velop and implement best practices for conducting 

18 outreach to Indian Tribes. 

19 ‘‘(2) REQUIREMENTS.—The best practices de20 veloped under paragraph (1) shall— 

21 ‘‘(A) include a process to support technical 

22 assistance and capacity building to improve out23 comes; and 

24 ‘‘(B) promote an awareness of programs 

25 and grants available under this Act.’’. 


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1 (g) USE OF FUNDS.—Section 118 of such Act (33 

2 U.S.C. 4218) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (2), by striking ‘‘and 

5 State and local government agencies’’ and in6 serting ‘‘, State and local government agencies, 

7 United States and international nongovern8 mental organizations, regional organizations, 

9 Indian tribes, Tribal organizations, and foreign 

10 government entities’’; and 

11 (B) in paragraph (3)— 

12 (i) in the paragraph heading, by strik13 ing ‘‘PROHIBITION’’ and inserting ‘‘LIMI14 TATION’’; 

15 (ii) in subparagraph (A)— 

16 (I) by striking ‘‘Except as pro17 vided in subparagraph (B), no’’ and 

18 inserting ‘‘Not more than 12 percent 

19 of’’; and 

20 (II) by striking ‘‘for administra21 tive’’ and inserting ‘‘to offset the ad22 ministrative’’; and 

23 (iii) by striking subparagraph (B) and 

24 inserting the following: 


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1 ‘‘(B) SALARIES.—The Foundation may use 

2 Federal funds described in subparagraph (A) to 

3 pay for salaries only during the 24-month pe4 riod beginning on the date of the enactment of 

5 the Save Our Seas 2.0 Amendments Act. The 

6 Secretary shall not require reimbursement from 

7 the Foundation for any such Federal funds 

8 used to pay for such salaries.’’; and 

9 (2) in subsection (b)(2), by striking ‘‘and State 

10 and local government agencies’’ and inserting ‘‘, 

11 State and local government agencies, United States 

12 and international nongovernmental organizations, re13 gional organizations, and foreign government enti14 ties’’. 

15 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 

16 OF THE NATIONAL OCEANIC AND ATMOS17 PHERIC ADMINISTRATION. 

18 (a) GRANTS, COOPERATIVE AGREEMENTS, CON19 TRACTS, AND OTHER AGREEMENTS.—Section 3(d) of the 

20 Marine Debris Act (33 U.S.C. 1952(d)) is amended— 

21 (1) in the subsection heading, by striking ‘‘AND

22 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND

23 OTHER AGREEMENTS’’; 


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1 (2) in paragraph (1), by striking ‘‘and con2 tracts’’ and inserting ‘‘, contracts, and other agree3 ments’’; 

4 (3) in paragraph (2)— 

5 (A) in subparagraph (B)— 

6 (i) by striking ‘‘part of the’’ and in7 serting ‘‘part of a’’; and 

8 (ii) by inserting ‘‘or (C)’’ after ‘‘sub9 paragraph (A)’’; and 

10 (B) in subparagraph (C), in the matter 

11 preceding clause (i), by inserting ‘‘and except as 

12 provided in subparagraph (B)’’ after ‘‘subpara13 graph (A)’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(7) IN-KIND CONTRIBUTIONS.—With respect 

16 to any project carried out pursuant to a contract or 

17 other agreement entered into under paragraph (1) 

18 that is not a cooperative agreement or an agreement 

19 to provide financial assistance in the form of a 

20 grant, the Administrator may contribute on an in21 kind basis the portion of the costs of the project that 

22 the Administrator determines represents the amount 

23 of benefit the National Oceanic and Atmospheric 

24 Administration derives from the project.’’. 


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1 (b) RECEIPT AND EXPENDITURE OF FUNDS; USE OF

2 RESOURCES.—Section 3 of such Act (33 U.S.C. 1952) is 

3 amended by adding at the end the following: 

4 ‘‘(e) RECEIPT AND EXPENDITURE OF FUNDS.—In 

5 order to accomplish the purpose set forth in section 2, the 

6 Administrator, acting through the Program, may receive 

7 and, only to the extent provided in advance in appropria8 tions Acts, expend funds made available by— 

9 ‘‘(1) any department, agency, or instrumen10 tality of the United States; 

11 ‘‘(2) any State or local government (or any po12 litical subdivision thereof); 

13 ‘‘(3) any Indian tribe; 

14 ‘‘(4) any foreign government or international 

15 organization; 

16 ‘‘(5) any public or private organization; or 

17 ‘‘(6) any individual. 

18 ‘‘(f) USE OF RESOURCES.—In order to accomplish 

19 the purpose set forth in section 2, the Administrator, act20 ing through the Program, may use, with consent, with re21 imbursement, and subject to the availability of appropria22 tions, the land, services, equipment, personnel, and facili23 ties of— 

24 ‘‘(1) any department, agency, or instrumen25 tality of the United States; 


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1 ‘‘(2) any State or local government (or any po2 litical subdivision thereof); 

3 ‘‘(3) any Indian tribe; 

4 ‘‘(4) any foreign government or international 

5 organization; 

6 ‘‘(5) any public or private organization; or 

7 ‘‘(6) any individual.’’. 

8 (c) DEFINITION OF INDIAN TRIBE.—Section 7 of 

9 such Act (33 U.S.C. 1956) is amended by inserting after 

10 paragraph (1) the following: 

11 ‘‘(1A) INDIAN TRIBE.—The term ‘Indian tribe’ 

12 has the meaning given that term in section 4 of the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5304).’’. 

Æ 


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