118TH CONGRESS 

2D SESSION S. 5649 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

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

3 Amendments Act’’. 

4 SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 

5 OF THE NATIONAL OCEANIC AND ATMOS6 PHERIC ADMINISTRATION. 

7 Section 3(d) of the Marine Debris Act (33 U.S.C. 

8 1952(d)) is amended— 

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

10 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND

11 OTHER AGREEMENTS’’; 

12 (2) in paragraph (1), by striking ‘‘and con13 tracts’’ and inserting ‘‘, contracts, and other agree14 ments’’; 

15 (3) in paragraph (2)— 

16 (A) in subparagraph (B)— 

17 (i) by striking ‘‘part of the’’ and in18 serting ‘‘part of a’’; and 

19 (ii) by inserting ‘‘or (C)’’ after ‘‘sub20 paragraph (A)’’; and 

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

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

23 provided in subparagraph (B)’’ after ‘‘subpara24 graph (A)’’; and 

25 (4) by adding at the end the following: 
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1 ‘‘(7) IN-KIND CONTRIBUTIONS.—With respect 

2 to any project carried out pursuant to a contract or 

3 other agreement entered into under paragraph (1) 

4 that is not a cooperative agreement or an agreement 

5 to provide financial assistance in the form of a 

6 grant, the Under Secretary may contribute on an in7 kind basis the portion of the costs of the project that 

8 the Under Secretary determines represents the 

9 amount of benefit the National Oceanic and Atmos10 pheric Administration derives from the project.’’. 

11 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS FOUNDA12 TION. 

13 (a) STATUS OF FOUNDATION.—Section 111(a) of the 

14 Save Our Seas 2.0 Act (33 U.S.C. 4211(a)) is amended, 

15 in the second sentence, by striking ‘‘organization’’ and in16 serting ‘‘corporation’’. 

17 (b) PURPOSES.—Section 111(b)(3) of the Save Our 

18 Seas 2.0 Act (33 U.S.C. 4211(b)(3)) is amended by insert19 ing ‘‘Indian Tribes,’’ after ‘‘Tribal governments,’’. 

20 (c) BOARD OF DIRECTORS.— 

21 (1) APPOINTMENT, VACANCIES, AND RE22 MOVAL.—Section 112(b) of the Save Our Seas 2.0 

23 Act (33 U.S.C. 4212(b)) is amended— 
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1 (A) by redesignating paragraphs (1) 

2 through (5) as paragraphs (2) through (6), re3 spectively; 

4 (B) by inserting before paragraph (2) the 

5 following: 

6 ‘‘(1) RECOMMENDATIONS OF BOARD REGARD7 ING APPOINTMENTS.—For appointments made 

8 under paragraph (2), the Board shall submit to the 

9 Under Secretary recommendations on candidates for 

10 appointment.’’; 

11 (C) in paragraph (2), as redesignated by 

12 subparagraph (A), in the matter preceding sub13 paragraph (A)— 

14 (i) by striking ‘‘paragraph (2)’’ and 

15 inserting ‘‘paragraph (3)’’; 

16 (ii) by striking ‘‘and considering’’ and 

17 inserting ‘‘considering’’; and 

18 (iii) by inserting ‘‘under paragraph 

19 (1), and with the approval of the Secretary 

20 of Commerce’’ after ‘‘by the Board’’; 

21 (D) by amending paragraph (3), as so re22 designated, to read as follows: 

23 ‘‘(3) TERMS.—Any Director appointed under 

24 paragraph (2) shall be appointed for a term of 6 

25 years.’’; 
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1 (E) in subparagraph (A) of paragraph (4), 

2 as so redesignated, by inserting ‘‘with the ap3 proval of the Secretary of Commerce’’ after 

4 ‘‘the Board’’; and 

5 (F) in paragraph (6), as so redesignated— 

6 (i) by inserting ‘‘the Administrator of 

7 the United States Agency for International 

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

9 (ii) by inserting ‘‘, and with the ap10 proval of the Secretary of Commerce’’ after 

11 ‘‘EPA Administrator’’. 

12 (2) GENERAL POWERS.—Section 112(g) of the 

13 Save Our Seas 2.0 Act (33 U.S.C. 4212(g)) is 

14 amended— 

15 (A) in paragraph (1)(A), by striking ‘‘offi16 cers and employees’’ and inserting ‘‘the initial 

17 officers and employees’’; and 

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

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

20 executive officer of the Foundation’’. 

21 (3) CHIEF EXECUTIVE OFFICER.—Section 112 

22 of the Save Our Seas 2.0 Act (33 U.S.C. 4212) is 

23 amended by adding at the end the following: 

24 ‘‘(h) CHIEF EXECUTIVE OFFICER.— 
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1 ‘‘(1) APPOINTMENT; REMOVAL; REVIEW.—The 

2 Board shall appoint and review the performance of, 

3 and may remove, the chief executive officer of the 

4 Foundation. 

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

6 the Foundation may appoint, remove, and review the 

7 performance of any officer or employee of the Foun8 dation.’’. 

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

10 the Save Our Seas 2.0 Act (33 U.S.C. 4213(c)(1)) is 

11 amended, in the matter preceding subparagraph (A)— 

12 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora13 tion’’; and 

14 (2) by striking ‘‘acting as a trustee’’ and insert15 ing ‘‘formed’’. 

16 (e) PRINCIPAL OFFICE.—Section 113 of the Save 

17 Our Seas 2.0 Act (33 U.S.C. 4213) is amended by adding 

18 at the end the following: 

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

20 principal office of the Foundation in the National Capital 

21 Region, as such term is defined in section 2674(f)(2) of 

22 title 10, United States Code, or a coastal shoreline com23 munity.’’. 

24 (f) BEST PRACTICES; RULE OF CONSTRUCTION.— 

25 Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 
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1 4213), as amended by subsection (e), is further amended 

2 by adding at the end the following: 

3 ‘‘(h) BEST PRACTICES FOR OUTREACH TO INDIAN

4 TRIBES.— 

5 ‘‘(1) IN GENERAL.—The Foundation shall de6 velop and implement best practices for conducting 

7 outreach to Indian Tribes. 

8 ‘‘(2) REQUIREMENTS.—The best practices de9 veloped under paragraph (1) shall— 

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

11 assistance and capacity building to improve out12 comes; and 

13 ‘‘(B) promote an awareness of programs 

14 and grants available under this Act. 

15 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this Act 

16 may be construed— 

17 ‘‘(1) to satisfy any requirement for government18 to-government consultation with Tribal governments; 

19 or 

20 ‘‘(2) to affect or modify any treaty or other 

21 right of any Tribal government.’’. 

22 (g) USE OF FUNDS.—Section 118(a)(2) of the Save 

23 Our Seas 2.0 Act (33 U.S.C. 4218(a)(2)) is amended by 

24 striking ‘‘and State and local government agencies’’ and 

25 inserting ‘‘, State and local government agencies, United 
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1 States and international nongovernmental organizations, 

2 regional organizations, Indian Tribes, Tribal organiza3 tions, and foreign government entities’’. 

4 SEC. 4. ORGANIZATION OF MARINE DEBRIS ACT. 

5 (a) IN GENERAL.—The Marine Debris Act (33 

6 U.S.C. 1951 et seq.) is amended— 

7 (1) by inserting before section 3 the following: 

8 ‘‘Subtitle A—National Oceanic and 

9 Atmospheric Administration 

10 and Coast Guard Programs’’; 

11 (2) by redesignating sections 3 through 6 as 

12 sections 101 through 104, respectively; 

13 (3) by redesignating sections 7 through 10 as 

14 sections 131 through 134, respectively; and 

15 (4) by inserting before section 131, as redesig16 nated by paragraph (3), the following: 

17 ‘‘Subtitle D—Administration’’. 

18 (b) MARINE DEBRIS FOUNDATION.—Subtitle B of 

19 title I of the Save Our Seas 2.0 Act (33 U.S.C. 4211 et 

20 seq.) is— 

21 (1) transferred to the Marine Debris Act; and 

22 (2) inserted after section 104 of the Marine De23 bris Act, as redesignated by subsection (a)(2). 
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1 (c) GENIUS PRIZE FOR SAVE OUR SEAS INNOVA2 TIONS.—Subtitle C of title I of the Save Our Seas 2.0 

3 Act (33 U.S.C. 4231 et seq.) is— 

4 (1) transferred to the Marine Debris Act; and 

5 (2) inserted after section 119 of the Marine De6 bris Act, as transferred and inserted by subsection 

7 (b). 

8 SEC. 5. DEFINITIONS. 

9 Section 131 of the Marine Debris Act, as redesig10 nated by section 4(a)(3), is amended— 

11 (1) by redesignating paragraphs (2), (3), (4), 

12 (5), (6), and (7) as paragraphs (4), (5), (6), (10), 

13 (11), and (12), respectively; 

14 (2) by striking paragraph (1) and inserting the 

15 following: 

16 ‘‘(1) CIRCULAR ECONOMY.—The term ‘circular 

17 economy’ has the meaning given such term in sec18 tion 2 of the Save Our Seas 2.0 Act (Public Law 

19 116–224; 33 U.S.C. 4201 note). 

20 ‘‘(2) COASTAL SHORELINE COMMUNITY.—The 

21 term ‘coastal shoreline community’ means a city or 

22 county directly adjacent to the open ocean, a major 

23 estuary, or one of the Great Lakes. 
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1 ‘‘(3) EPA ADMINISTRATOR.—The term ‘EPA 

2 Administrator’ means the Administrator of the Envi3 ronmental Protection Agency.’’; 

4 (3) by inserting after paragraph (6), as redesig5 nated by paragraph (1), the following: 

6 ‘‘(7) NON-FEDERAL FUNDS.—The term ‘non7 Federal funds’ means funds provided by— 

8 ‘‘(A) a State; 

9 ‘‘(B) an Indian Tribe; 

10 ‘‘(C) a territory of the United States; 

11 ‘‘(D) one or more units of local govern12 ments or Tribal organizations; 

13 ‘‘(E) a foreign government; 

14 ‘‘(F) a private for-profit entity; 

15 ‘‘(G) a nonprofit organization; or 

16 ‘‘(H) a private individual. 

17 ‘‘(8) NONPROFIT.—The term ‘nonprofit’, with 

18 respect to a corporation or other organization, 

19 means the corporation or other organization is de20 scribed in section 501(c) of the Internal Revenue 

21 Code of 1986 and exempt from tax under section 

22 501(a) of such Code. 

23 ‘‘(9) POST-CONSUMER MATERIALS MANAGE24 MENT.—The term ‘post-consumer materials manage25 ment’ has the meaning given such term in section 2 
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1 of the Save Our Seas 2.0 Act (Public Law 116–224; 

2 33 U.S.C. 4201 note).’’; 

3 (4) in paragraph (12), as so redesignated— 

4 (A) by redesignating subparagraphs (B), 

5 (C), and (D) as subparagraphs (C), (D), and 

6 (E), respectively; and 

7 (B) by inserting after subparagraph (A) 

8 the following: 

9 ‘‘(B) Indian Tribe;’’; and 

10 (5) by adding after paragraph (12), as so redes11 ignated, the following: 

12 ‘‘(13) TRIBAL GOVERNMENT.—The term ‘Tribal 

13 government’ means the recognized governing body of 

14 any Indian or Alaska Native Tribe, band, nation, 

15 pueblo, village, community, component band, or com16 ponent reservation, individually identified (including 

17 parenthetically) in the list published most recently as 

18 of the date of the enactment of the Save Our Seas 

19 2.0 Amendments Act pursuant to section 104 of the 

20 Federally Recognized Indian Tribe List Act of 1994 

21 (25 U.S.C. 5131). 

22 ‘‘(14) TRIBAL ORGANIZATION.—The term ‘Trib23 al organization’ has the meaning given that term in 

24 section 4 of the Indian Self-Determination and Edu25 cation Assistance Act (25 U.S.C. 5304). 
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1 ‘‘(15) UNDER SECRETARY.—The term ‘Under 

2 Secretary’ means the Under Secretary of Commerce 

3 for Oceans and Atmosphere and Administrator of 

4 the National Oceanic and Atmospheric Administra5 tion.’’. 

6 SEC. 6. CONFORMING AMENDMENTS. 

7 (a) MARINE DEBRIS ACT.—The Marine Debris Act 

8 (33 U.S.C. 1951 et seq.), as amended by this Act, is fur9 ther amended— 

10 (1) in section 103, as redesignated by section 

11 4(a)(2)— 

12 (A) in subsection (d), in the matter pre13 ceding paragraph (1)— 

14 (i) by striking ‘‘Administrator of the 

15 National Oceanic and Atmospheric Admin16 istration’’ and inserting ‘‘Under Sec17 retary’’; and 

18 (ii) by striking ‘‘Administrator of the 

19 Environmental Protection Agency’’ and in20 sert ‘‘EPA Administrator’’; and 

21 (B) in subsection (e)(3), by striking ‘‘sec22 tion 3’’ and inserting ‘‘section 101’’; 

23 (2) in subsection (b)(4) of section 111, as 

24 transferred by section 4(b), by striking ‘‘title III’’ 

25 and inserting ‘‘subtitle C’’; 
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1 (3) in subsection (a) of section 123, as trans2 ferred by section 4(c), by striking ‘‘title I’’ and in3 serting ‘‘subtitle B’’; 

4 (4) in section 134, as redesignated by section 

5 4(a)(3), by striking ‘‘Administrator of the Environ6 mental Protection Agency’’ and inserting ‘‘EPA Ad7 ministrator’’; and 

8 (5) by striking ‘‘Administrator’’ each place it 

9 appears (other than in section 103(d)), 131, or 134, 

10 as redesignated by section 4(a)) and inserting 

11 ‘‘Under Secretary’’. 

12 (b) SAVE OUR SEAS 2.0 ACT.—Section 2 of the Save 

13 Our Seas 2.0 Act (Public Law 116–224; 33 U.S.C. 4201 

14 note) is amended— 

15 (1) by striking paragraph (7); and 

16 (2) by redesignating paragraphs (8) through 

17 (11) as paragraphs (7) through (10), respectively. 

Passed the Senate December 21 (legislative day, December 16), 2024. 

Attest: 

Secretary. 
118TH CONGRESS 

2D SESSION S. 5649 

AN ACT 

To amend the Marine Debris Act to improve the 

rine Debris Foundation, and for other purposes. tration, to improve the administration of the Mathe National Oceanic and Atmospheric Adminisadministration of the Marine Debris Program of