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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5649 Considered and Passed Senate (CPS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5649

  To amend the Marine Debris Act to improve the administration of the 
     Marine Debris Program of the National Oceanic and Atmospheric 
  Administration, to improve the administration of the Marine Debris 
                  Foundation, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 21 (legislative day, December 16), 2024

Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following 
bill; which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL

 
  To amend the Marine Debris Act to improve the administration of the 
     Marine Debris Program of the National Oceanic and Atmospheric 
  Administration, to improve the administration of the Marine Debris 
                  Foundation, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save Our Seas 2.0 Amendments Act''.

SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM OF THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    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 Under Secretary may contribute on an in-kind basis 
        the portion of the costs of the project that the Under 
        Secretary determines represents the amount of benefit the 
        National Oceanic and Atmospheric Administration derives from 
        the project.''.

SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS FOUNDATION.

    (a) Status of Foundation.--Section 111(a) of the Save Our Seas 2.0 
Act (33 U.S.C. 4211(a)) is amended, in the second sentence, by striking 
``organization'' and inserting ``corporation''.
    (b) Purposes.--Section 111(b)(3) of the Save Our Seas 2.0 Act (33 
U.S.C. 4211(b)(3)) is amended by inserting ``Indian Tribes,'' after 
``Tribal governments,''.
    (c) Board of Directors.--
            (1) Appointment, vacancies, and removal.--Section 112(b) of 
        the Save Our Seas 2.0 Act (33 U.S.C. 4212(b)) is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6), respectively;
                    (B) by inserting before paragraph (2) the 
                following:
            ``(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.'';
                    (C) in paragraph (2), as redesignated by 
                subparagraph (A), in the matter preceding subparagraph 
                (A)--
                            (i) by striking ``paragraph (2)'' and 
                        inserting ``paragraph (3)'';
                            (ii) by striking ``and considering'' and 
                        inserting ``considering''; and
                            (iii) by inserting ``under paragraph (1), 
                        and with the approval of the Secretary of 
                        Commerce'' after ``by the Board'';
                    (D) by amending paragraph (3), as so redesignated, 
                to read as follows:
            ``(3) Terms.--Any Director appointed under paragraph (2) 
        shall be appointed for a term of 6 years.'';
                    (E) in subparagraph (A) of paragraph (4), as so 
                redesignated, by inserting ``with the approval of the 
                Secretary of Commerce'' after ``the Board''; and
                    (F) in paragraph (6), as so redesignated--
                            (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''.
            (2) General powers.--Section 112(g) of the Save Our Seas 
        2.0 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 the Save Our 
        Seas 2.0 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 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.''.
    (d) Powers of Foundation.--Section 113(c)(1) of the Save Our Seas 
2.0 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 the Save Our Seas 2.0 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 in the National Capital Region, as such term is 
defined in section 2674(f)(2) of title 10, United States Code, or a 
coastal shoreline community.''.
    (f) Best Practices; Rule of Construction.--Section 113 of the Save 
Our Seas 2.0 Act (33 U.S.C. 4213), as amended by subsection (e), is 
further amended by adding at the end the following:
    ``(h) Best Practices for Outreach to Indian Tribes.--
            ``(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.
    ``(i) Rule of Construction.--Nothing in this Act may be construed--
            ``(1) to satisfy any requirement for government-to-
        government consultation with Tribal governments; or
            ``(2) to affect or modify any treaty or other right of any 
        Tribal government.''.
    (g) Use of Funds.--Section 118(a)(2) of the Save Our Seas 2.0 Act 
(33 U.S.C. 4218(a)(2)) is amended 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''.

SEC. 4. ORGANIZATION OF MARINE DEBRIS ACT.

    (a) In General.--The Marine Debris Act (33 U.S.C. 1951 et seq.) is 
amended--
            (1) by inserting before section 3 the following:

``Subtitle A--National Oceanic and Atmospheric Administration and Coast 
                           Guard Programs'';

            (2) by redesignating sections 3 through 6 as sections 101 
        through 104, respectively;
            (3) by redesignating sections 7 through 10 as sections 131 
        through 134, respectively; and
            (4) by inserting before section 131, as redesignated by 
        paragraph (3), the following:

                    ``Subtitle D--Administration''.

    (b) Marine Debris Foundation.--Subtitle B of title I of the Save 
Our Seas 2.0 Act (33 U.S.C. 4211 et seq.) is--
            (1) transferred to the Marine Debris Act; and
            (2) inserted after section 104 of the Marine Debris Act, as 
        redesignated by subsection (a)(2).
    (c) Genius Prize for Save Our Seas Innovations.--Subtitle C of 
title I of the Save Our Seas 2.0 Act (33 U.S.C. 4231 et seq.) is--
            (1) transferred to the Marine Debris Act; and
            (2) inserted after section 119 of the Marine Debris Act, as 
        transferred and inserted by subsection (b).

SEC. 5. DEFINITIONS.

    Section 131 of the Marine Debris Act, as redesignated by section 
4(a)(3), is amended--
            (1) by redesignating paragraphs (2), (3), (4), (5), (6), 
        and (7) as paragraphs (4), (5), (6), (10), (11), and (12), 
        respectively;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) 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; 33 U.S.C. 4201 note).
            ``(2) Coastal shoreline community.--The term `coastal 
        shoreline community' means a city or county directly adjacent 
        to the open ocean, a major estuary, or one of the Great Lakes.
            ``(3) EPA administrator.--The term `EPA Administrator' 
        means the Administrator of the Environmental Protection 
        Agency.'';
            (3) by inserting after paragraph (6), as redesignated by 
        paragraph (1), the following:
            ``(7) Non-federal funds.--The term `non-Federal funds' 
        means funds provided by--
                    ``(A) a State;
                    ``(B) an Indian Tribe;
                    ``(C) a territory of the United States;
                    ``(D) one or more units of local governments or 
                Tribal organizations;
                    ``(E) a foreign government;
                    ``(F) a private for-profit entity;
                    ``(G) a nonprofit organization; or
                    ``(H) a private individual.
            ``(8) Nonprofit.--The term `nonprofit', with respect to a 
        corporation or other organization, means the corporation or 
        other organization is described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code.
            ``(9) 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; 
        33 U.S.C. 4201 note).'';
            (4) in paragraph (12), as so redesignated--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Indian Tribe;''; and
            (5) by adding after paragraph (12), as so redesignated, the 
        following:
            ``(13) Tribal government.--The term `Tribal government' 
        means the recognized governing body of any Indian or Alaska 
        Native Tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published 
        most recently as of the date of the enactment of the Save Our 
        Seas 2.0 Amendments Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            ``(14) Tribal organization.--The term `Tribal organization' 
        has the meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).
            ``(15) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.''.

SEC. 6. CONFORMING AMENDMENTS.

    (a) Marine Debris Act.--The Marine Debris Act (33 U.S.C. 1951 et 
seq.), as amended by this Act, is further amended--
            (1) in section 103, as redesignated by section 4(a)(2)--
                    (A) in subsection (d), in the matter preceding 
                paragraph (1)--
                            (i) by striking ``Administrator of the 
                        National Oceanic and Atmospheric 
                        Administration'' and inserting ``Under 
                        Secretary''; and
                            (ii) by striking ``Administrator of the 
                        Environmental Protection Agency'' and insert 
                        ``EPA Administrator''; and
                    (B) in subsection (e)(3), by striking ``section 3'' 
                and inserting ``section 101'';
            (2) in subsection (b)(4) of section 111, as transferred by 
        section 4(b), by striking ``title III'' and inserting 
        ``subtitle C'';
            (3) in subsection (a) of section 123, as transferred by 
        section 4(c), by striking ``title I'' and inserting ``subtitle 
        B'';
            (4) in section 134, as redesignated by section 4(a)(3), by 
        striking ``Administrator of the Environmental Protection 
        Agency'' and inserting ``EPA Administrator''; and
            (5) by striking ``Administrator'' each place it appears 
        (other than in section 103(d)), 131, or 134, as redesignated by 
        section 4(a)) and inserting ``Under Secretary''.
    (b) Save Our Seas 2.0 Act.--Section 2 of the Save Our Seas 2.0 Act 
(Public Law 116-224; 33 U.S.C. 4201 note) is amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraphs (8) through (11) as 
        paragraphs (7) through (10), respectively.
                                 <all>
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