Title II — S. 2364 (Introduced in Senate)

Sec. 201 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 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 further the 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; and

(4)

to support other Federal actions to reduce marine debris.

Sec. 202 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 the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), 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)

Terms—

(A)

In general— Subject to subparagraph (B), each Director (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 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)

Vacancies—

(A)

In general— The Under Secretary shall fill a vacancy on the Board.

(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)

Reappointment— An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.

(5)

Request for removal— The executive committee of the Board may submit to the Under Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board.

(6)

Consultation before removal— Before removing any Director from the Board, the Under Secretary shall consult 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, and the EPA Administrator.

(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;

(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; and

(ii)

shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris.

Sec. 203 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;

(3)

shall have its principal offices in the District of Columbia or in a county in the State of Maryland or Virginia that borders on the District of Columbia; and

(4)

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)(4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

(c)

Seal— The Foundation shall have an official seal selected by the Board which shall be judicially noticed.

(d)

Powers—

(1)

In general— To carry out its purposes under section 201, the Foundation shall have, in addition to the powers otherwise given it under this title, the usual powers of a corporation acting as a trustee 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.

(e)

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.

(f)

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.

(g)

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.

Sec. 204 Administrative services and support

(a)

Provision of services— The Under Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the current Federal Government per diem rates, for a period of up to 5 years beginning on the date of the enactment of this Act.

(b)

Reimbursement— The Foundation may reimburse the Under Secretary for any administrative service provided under subsection (a). The Under Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services.

Sec. 205 Volunteer status

The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this title.

Sec. 206 Report requirements; petition of attorney general for equitable relief

(a)

Report— The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives a report—

(1)

describing the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments; and

(2)

including a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year.

(b)

Relief with respect to certain foundation acts or failure To act— If the Foundation—

(1)

engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 201(b); or

(2)

refuses, fails, or neglects to discharge its obligations under this title, or threatens to do so,

Sec. 207 United States release from liability

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

Sec. 208 Authorization of appropriations

(a)

Authorization of appropriations—

(1)

In general— There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this title for each of fiscal years 2020 through 2025.

(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.

(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 authorized to be appropriated 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.

(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.

Title II — Marine Debris Foundation

II Marine Debris Foundation