Collapse to view only § 4213. Rights and obligations of the Foundation
- § 4211. Establishment and purposes of Foundation
- § 4212. Board of Directors of the Foundation
- § 4213. Rights and obligations of the Foundation
- § 4214. Administrative services and support
- § 4215. Volunteer status
- § 4216. Report requirements; petition of Attorney General for equitable relief
- § 4217. United States release from liability
- § 4218. Authorization of appropriations
- § 4219. Termination of authority
§ 4211. Establishment and purposes of Foundation
(a) Establishment
(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 1952 of this title, and other relevant programs and agencies;
(2) to undertake and conduct such other activities as will augment 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;
(4) subject to an agreement with the Secretary of Commerce, administer the Genius Prize for Save Our Seas Innovation as described in title II; 1
1 See References in Text note below.
and(5) to support other Federal actions to reduce marine debris.
(Pub. L. 116–224, title I, § 111, Dec. 18, 2020, 134 Stat. 1075.)
§ 4212. Board of Directors of the Foundation
(a) Establishment and membership
(1) In general
(2) Representation of diverse points of view
(3) Not Federal employees
(b) Appointment and terms
(1) AppointmentSubject 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
(B) Initial appointments to new member positionsOf the Directors appointed by the Under Secretary under paragraph (1), the Under Secretary shall appoint, not later than 180 days after December 18, 2020—
(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
(B) Term of appointments to fill unexpired terms
(4) Reappointment
(5) Consultation before removal
(c) Chairman
(d) Quorum
(e) Meetings
(f) Reimbursement of expenses
(g) General powers
(1) In generalThe 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 subchapter; and
(C) undertaking of other such acts as may be necessary to carry out the provisions of this subchapter.
(2) Limitations on appointmentThe 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 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.
(Pub. L. 116–224, title I, § 112, Dec. 18, 2020, 134 Stat. 1075.)
§ 4213. 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; and
(3) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.
(b) Service of process
(c) Powers
(1) In general
To carry out its purposes under section 4211 of this title, the Foundation shall have, in addition to the powers otherwise given it under this subchapter, 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
(d) Notice to Members of Congress
(e) Coordination of international efforts
(f) Consultation With NOAA
(Pub. L. 116–224, title I, § 113, Dec. 18, 2020, 134 Stat. 1077.)
§ 4214. Administrative services and support
(a) Provision of services
(b) Reimbursement
(Pub. L. 116–224, title I, § 114, Dec. 18, 2020, 134 Stat. 1079.)
§ 4215. 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 subchapter.
(Pub. L. 116–224, title I, § 115, Dec. 18, 2020, 134 Stat. 1079.)
§ 4216. 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, the Committee on Transportation and Infrastructure, 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 4211(b) of this title; or
(2) refuses, fails, or neglects to discharge its obligations under this subchapter, or threatens to do so,
the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate.
(Pub. L. 116–224, title I, § 116, Dec. 18, 2020, 134 Stat. 1079.)
§ 4217. 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.
(Pub. L. 116–224, title I, § 117, Dec. 18, 2020, 134 Stat. 1080.)
§ 4218. Authorization of appropriations
(a) Authorization of appropriations
(1) In general
(2) Use of appropriated funds
(3) Prohibition on use for administrative expenses
(A) In general
(B) Exception
(b) Additional authorization
(1) In general
(2) Use of funds accepted from Federal 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.
(Pub. L. 116–224, title I, § 118, Dec. 18, 2020, 134 Stat. 1080.)
§ 4219. Termination of authority
The authority of the Foundation under this part shall terminate on the date that is 10 years after the establishment of the Foundation, unless the Foundation is reauthorized by an Act of Congress.
(Pub. L. 116–224, title I, § 119, Dec. 18, 2020, 134 Stat. 1080.)