33 U.S.C. § 1962: Board of Directors of the…

Summary

Creates a governing Board of Directors to run the Foundation. The Board includes the Under Secretary plus 12 other U.S. citizen directors. The Board should reflect different views on how to study, prevent, reduce, and remove marine debris. Directors are not federal employees. The Board recommends candidates, and the Under Secretary appoints the 12 directors after consulting the EPA Administrator, the Director of the U.S. Fish and Wildlife Service, the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, and the Administrator of USAID, and with the approval of the Secretary of Commerce. At least 4 directors must have marine debris experience (which can include circular-economy work), at least 2 must have marine debris experience outside the United States, at least 2 must have ocean or coastal conservation science or policy experience, and at least 2 must have international trade or foreign policy experience. Directors serve 6-year terms, may fill only the rest of an unexpired term for vacancies, and may not serve more than 2 consecutive full terms. The chairman is elected by the Board for 2 years. A majority is a quorum. The Board must meet at least once a year; missing 3 regular meetings can lead to removal. Members are unpaid but can be reimbursed for travel and subsistence. The Board organizes the Foundation, hires initial staff, and adopts rules and bylaws. It cannot hire officers or employees until it has enough money to pay them. Foundation hires do not follow regular federal competitive service rules or General Schedule pay rules. The first officer hired must be the Secretary of the Board, who serves as the Foundation’s chief executive and must have marine debris experience. The Board appoints, reviews, and may remove the chief executive officer. The chief executive officer may appoint, remove, and review other Foundation staff.

Title 33, §1962

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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)Recommendations of Board regarding appointments

For appointments made under paragraph (2), the Board shall submit to the Under Secretary recommendations on candidates for appointment.

(2)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, considering the recommendations submitted by the Board, and with the approval of the Secretary of Commerce, 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.

(3)Terms

Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.

(4)Vacancies

(A)In general

The Under Secretary shall fill a vacancy on the Board with the approval of the Secretary of Commerce.

(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.

(5)Reappointment

An individual shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.

(6)Consultation before removal

The Under Secretary may remove a Director from the Board only after consultation 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, the Administrator of the United States Agency for International Development, and the EPA Administrator and with the approval of the Secretary of Commerce.

(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 the initial officers and employees;

(B)adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this title; 1 and

(C)undertaking of other such acts as may be necessary to carry out the provisions of this title.1

(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 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 the chief executive officer of the Foundation; and

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

(h)Chief executive officer

(1)Appointment; removal; review

The Board shall appoint and review the performance of, and may remove, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This title, referred to in subsecs. (a)(1) and (g)(1)(B), (C), means title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074. This subchapter and subchapter III of this chapter were originally enacted as subtitles B and C, respectively, of title I of Pub. L. 116–224 and were transferred to subtitles B and C, respectively, of Pub. L. 109–449 by Pub. L. 119–65, §§ 3(a), 4(a), Dec. 26, 2025, 139 Stat. 1987, 1989. Consequently, the reference to “this title” probably should be to “this subtitle and subtitle C”. Codification Section was formerly classified to section 4212 of this title prior to renumbering by Pub. L. 119–65.

Amendments

2025—Subsec. (b)(1). Pub. L. 119–65, § 3(d)(1)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 119–65, § 3(d)(1)(A), (C), redesignated par. (1) as (2) and, in introductory provisions, substituted “considering” for “and considering” and inserted “and with the approval of the Secretary of Commerce,” after “by the Board,”. Subsec. (b)(3). Pub. L. 119–65, § 3(d)(1)(A), (D), redesignated par. (2) as (3) and amended it generally. Prior to amendment, par. related to length of terms of Directors and initial appointments to new member positions. Subsec. (b)(4). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (b)(4)(A). Pub. L. 119–65, § 3(d)(1)(E), inserted “with the approval of the Secretary of Commerce” after “the Board”. Subsec. (b)(5). Pub. L. 119–65, § 3(d)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 119–65, § 3(d)(1)(A), (F), redesignated par. (5) as (6) and inserted “the Administrator of the United States Agency for International Development,” after “Service,” and “and with the approval of the Secretary of Commerce” after “EPA Administrator”. Subsec. (g)(1)(A). Pub. L. 119–65, § 3(d)(2)(A), substituted “the initial officers and employees” for “officers and employees”. Subsec. (g)(2)(B)(i). Pub. L. 119–65, § 3(d)(2)(B), substituted “the chief executive officer of the Foundation” for “its chief operating officer”. Subsec. (h). Pub. L. 119–65, § 3(d)(3), added subsec. (h).

§1962 Board of Directors of the Foundation