```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 318 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 262
118th CONGRESS
  1st Session
                                 S. 318

To amend the Save Our Seas 2.0 Act to improve the administration of the 
Marine Debris Foundation, to amend the Marine Debris Act to improve the 
administration of the Marine Debris Program of the National Oceanic and 
          Atmospheric Administration, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

   Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, and Mr. 
    Peters) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            December 5, 2023

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Save Our Seas 2.0 Act to improve the administration of the 
Marine Debris Foundation, to amend the Marine Debris Act to improve the 
administration of the Marine Debris Program of the National Oceanic and 
          Atmospheric Administration, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Save Our Seas 2.0 
Amendments Act''.</DELETED>

<DELETED>SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS 
              FOUNDATION.</DELETED>

<DELETED>    (a) Definition of Tribal Organization.--Section 2 of the 
Save Our Seas 2.0 Act (33 U.S.C. 4201) is amended--</DELETED>
        <DELETED>    (1) in paragraph (7)(D), by striking ``(as 
        defined'' and all that follows through ``5304))'';</DELETED>
        <DELETED>    (2) by redesignating paragraph (11) as paragraph 
        (12); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(11) 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).''.</DELETED>
<DELETED>    (b) Status of Foundation.--Section 111(a) of such Act (33 
U.S.C. 4211(a)) is amended, in the second sentence, by striking 
``organization'' and inserting ``corporation''.</DELETED>
<DELETED>    (c) Board of Directors.--</DELETED>
        <DELETED>    (1) Appointment, vacancies, and removal.--Section 
        112(b) of such Act (33 U.S.C. 4212(b)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1), in the matter 
                preceding subparagraph (A)--</DELETED>
                        <DELETED>    (i) by striking ``and 
                        considering'' and inserting 
                        ``considering'';</DELETED>
                        <DELETED>    (ii) by inserting ``and with the 
                        approval of the Secretary of Commerce,'' after 
                        ``by the Board,''; and</DELETED>
                        <DELETED>    (iii) by inserting ``and such 
                        other criteria as the Under Secretary may 
                        establish'' after ``subsection (a)'';</DELETED>
                <DELETED>    (B) in paragraph (3)(A), by inserting 
                ``with the approval of the Secretary of Commerce'' 
                after ``the Board'';</DELETED>
                <DELETED>    (C) in paragraph (5)--</DELETED>
                        <DELETED>    (i) by inserting ``the 
                        Administrator of the United States Agency for 
                        International Development,'' after 
                        ``Service,''; and</DELETED>
                        <DELETED>    (ii) by inserting ``and with the 
                        approval of the Secretary of Commerce'' after 
                        ``EPA Administrator'';</DELETED>
                <DELETED>    (D) by redesignating paragraphs (2) 
                through (5) as paragraphs (3) through (6), 
                respectively; and</DELETED>
                <DELETED>    (E) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) Recommendations of board regarding 
        appointments.--For appointments made under paragraph (1) other 
        than the initial appointments, the Board shall submit to the 
        Under Secretary recommendations on candidates for 
        appointment.''.</DELETED>
        <DELETED>    (2) General powers.--Section 112(g) of such Act 
        (33 U.S.C. 4212(g)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by striking 
                ``officers and employees'' and inserting ``the initial 
                officers and employees''; and</DELETED>
                <DELETED>    (B) in paragraph (2)(B)(i), by striking 
                ``its chief operating officer'' and inserting ``the 
                chief executive officer of the Foundation''.</DELETED>
        <DELETED>    (3) Chief executive officer.--Section 112 of such 
        Act (33 U.S.C. 4212) is amended by adding at the end the 
        following:</DELETED>
<DELETED>    ``(h) Chief Executive Officer.--</DELETED>
        <DELETED>    ``(1) Appointment; removal; review.--The Board 
        shall appoint and may remove and review the performance of the 
        chief executive officer of the Foundation.</DELETED>
        <DELETED>    ``(2) Powers.--The chief executive officer of the 
        Foundation may appoint, remove, and review the performance of 
        any officer or employee of the Foundation.''.</DELETED>
<DELETED>    (d) Powers of Foundation.--Section 113(c)(1) of such Act 
(33 U.S.C. 4213(c)(1)) is amended, in the matter preceding subparagraph 
(A)--</DELETED>
        <DELETED>    (1) by inserting ``nonprofit'' before 
        ``corporation''; and</DELETED>
        <DELETED>    (2) by striking ``acting as a trustee'' and 
        inserting ``formed''.</DELETED>
<DELETED>    (e) Principal Office.--Section 113 of such Act (33 U.S.C. 
4213) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(g) Principal Office.--The Board may locate the 
principal office of the Foundation outside the District of Columbia and 
is encouraged to locate that office in a coastal State.''.</DELETED>
<DELETED>    (f) Best Practices.--Section 113 of such Act (33 U.S.C. 
4213), as amended by subsection (e), is further amended by adding at 
the end the following:</DELETED>
<DELETED>    ``(h) Best Practices.--</DELETED>
        <DELETED>    ``(1) In general.--The Foundation shall develop 
        and implement best practices for conducting outreach to Indian 
        Tribes.</DELETED>
        <DELETED>    ``(2) Requirements.--The best practices developed 
        under paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) include a process to support 
                technical assistance and capacity building to improve 
                outcomes; and</DELETED>
                <DELETED>    ``(B) promote an awareness of programs and 
                grants available under this Act.''.</DELETED>
<DELETED>    (g) Use of Funds.--Section 118 of such Act (33 U.S.C. 
4218) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2), 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''; and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in the paragraph heading, by 
                        striking ``Prohibition'' and inserting 
                        ``Limitation'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) by striking ``Except 
                                as provided in subparagraph (B), no'' 
                                and inserting ``Not more than 12 
                                percent of''; and</DELETED>
                                <DELETED>    (II) by striking ``for 
                                administrative'' and inserting ``to 
                                offset the administrative''; 
                                and</DELETED>
                        <DELETED>    (iii) by striking subparagraph (B) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(B) Salaries.--The Foundation may use 
                Federal funds described in subparagraph (A) to pay for 
                salaries only during the 24-month period beginning on 
                the date of the enactment of the Save Our Seas 2.0 
                Amendments Act. The Secretary shall not require 
                reimbursement from the Foundation for any such Federal 
                funds used to pay for such salaries.''; and</DELETED>
        <DELETED>    (2) in subsection (b)(2), by striking ``and State 
        and local government agencies'' and inserting ``, State and 
        local government agencies, United States and international 
        nongovernmental organizations, regional organizations, and 
        foreign government entities''.</DELETED>

<DELETED>SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM OF THE 
              NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.</DELETED>

<DELETED>    (a) Grants, Cooperative Agreements, Contracts, and Other 
Agreements.--Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) 
is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by striking ``and 
        Contracts'' and inserting ``Contracts, and Other 
        Agreements'';</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``and 
        contracts'' and inserting ``, contracts, and other 
        agreements'';</DELETED>
        <DELETED>    (3) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (B)--</DELETED>
                        <DELETED>    (i) by striking ``part of the'' 
                        and inserting ``part of a''; and</DELETED>
                        <DELETED>    (ii) by inserting ``or (C)'' after 
                        ``subparagraph (A)''; and</DELETED>
                <DELETED>    (B) in subparagraph (C), in the matter 
                preceding clause (i), by inserting ``and except as 
                provided in subparagraph (B)'' after ``subparagraph 
                (A)''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(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 Administrator may contribute on an in-
        kind basis the portion of the costs of the project that the 
        Administrator determines represents the amount of benefit the 
        National Oceanic and Atmospheric Administration derives from 
        the project.''.</DELETED>
<DELETED>    (b) Receipt and Expenditure of Funds; Use of Resources.--
Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(e) Receipt and Expenditure of Funds.--In order to 
accomplish the purpose set forth in section 2, the Administrator, 
acting through the Program, may receive and, only to the extent 
provided in advance in appropriations Acts, expend funds made available 
by--</DELETED>
        <DELETED>    ``(1) any department, agency, or instrumentality 
        of the United States;</DELETED>
        <DELETED>    ``(2) any State or local government (or any 
        political subdivision thereof);</DELETED>
        <DELETED>    ``(3) any Indian tribe;</DELETED>
        <DELETED>    ``(4) any foreign government or international 
        organization;</DELETED>
        <DELETED>    ``(5) any public or private organization; 
        or</DELETED>
        <DELETED>    ``(6) any individual.</DELETED>
<DELETED>    ``(f) Use of Resources.--In order to accomplish the 
purpose set forth in section 2, the Administrator, acting through the 
Program, may use, with consent, with reimbursement, and subject to the 
availability of appropriations, the land, services, equipment, 
personnel, and facilities of--</DELETED>
        <DELETED>    ``(1) any department, agency, or instrumentality 
        of the United States;</DELETED>
        <DELETED>    ``(2) any State or local government (or any 
        political subdivision thereof);</DELETED>
        <DELETED>    ``(3) any Indian tribe;</DELETED>
        <DELETED>    ``(4) any foreign government or international 
        organization;</DELETED>
        <DELETED>    ``(5) any public or private organization; 
        or</DELETED>
        <DELETED>    ``(6) any individual.''.</DELETED>
<DELETED>    (c) Definition of Indian Tribe.--Section 7 of such Act (33 
U.S.C. 1956) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) through (7) as 
        paragraphs (3) through (8), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) Indian tribe.--The term `Indian tribe' has 
        the meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).''.</DELETED>

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 FOUNDATION.

    (a) Definitions.--Section 2 of the Save Our Seas 2.0 Act (33 U.S.C. 
4201) is amended--
            (1) in paragraph (7)(D), by striking ``(as defined'' and 
        all that follows through ``5304))'';
            (2) by redesignating paragraph (11) as paragraph (13); and
            (3) by inserting after paragraph (10) the following:
            ``(11) 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).
            ``(12) 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).''.
    (b) Status of Foundation.--Section 111(a) of such Act (33 U.S.C. 
4211(a)) is amended, in the second sentence, by striking 
``organization'' and inserting ``corporation''.
    (c) Purposes.--Section 111(b)(3) of such Act (33 U.S.C. 4211(b)(3)) 
is amended by inserting ``Indian Tribes,'' after ``Tribal 
governments,''.
    (d) Board of Directors.--
            (1) Appointment, vacancies, and removal.--Section 112(b) of 
        such Act (33 U.S.C. 4212(b)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``and considering'' and 
                        inserting ``considering'';
                            (ii) by inserting ``and with the approval 
                        of the Secretary of Commerce,'' after ``by the 
                        Board,''; and
                            (iii) by inserting ``and such other 
                        criteria as the Under Secretary may establish'' 
                        after ``subsection (a)'';
                    (B) in paragraph (3)(A), by inserting ``with the 
                approval of the Secretary of Commerce'' after ``the 
                Board'';
                    (C) in paragraph (5)--
                            (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'';
                    (D) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively; and
                    (E) by inserting after paragraph (1) the following:
            ``(2) Recommendations of board regarding appointments.--For 
        appointments made under paragraph (1) other than the initial 
        appointments, the Board shall submit to the Under Secretary 
        recommendations on candidates for appointment.''.
            (2) General powers.--Section 112(g) of such 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 such 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 may remove and review the performance of 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.''.
    (e) Powers of Foundation.--Section 113(c)(1) of such 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''.
    (f) Principal Office.--Section 113 of such 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 outside the District of Columbia and is encouraged to 
locate that office in a coastal State.''.
    (g) Best Practices; Rule of Construction.--Section 113 of such Act 
(33 U.S.C. 4213), as amended by subsection (f), is further amended by 
adding at the end the following:
    ``(h) Best Practices.--
            ``(1) In general.--The Foundation shall develop and 
        implement best practices for conducting outreach to Indian 
        Tribes and Tribal governments.
            ``(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.''.
    (h) Use of Funds.--Section 118 of such Act (33 U.S.C. 4218) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and State and 
                local government agencies'' and inserting ``, State and 
                local government agencies, regional organizations, 
                Indian Tribes, and Tribal organizations''; and
                    (B) in paragraph (3)--
                            (i) in the paragraph heading, by striking 
                        ``Prohibition'' and inserting ``Limitation''; 
                        and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Salaries.--The Foundation may use Federal 
                funds described in subparagraph (A) to pay for salaries 
                only during the 24-month period beginning on the date 
                of the enactment of the Save Our Seas 2.0 Amendments 
                Act. The Secretary shall not require reimbursement from 
                the Foundation for any such Federal funds used to pay 
                for such salaries.''; and
            (2) in subsection (b)(2), by striking ``and State and local 
        government agencies'' and inserting ``, State and local 
        government agencies, United States and international 
        nongovernmental organizations, regional organizations, and 
        foreign government entities''.

SEC. 3. 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 Administrator may contribute on an in-kind basis the 
        portion of the costs of the project that the Administrator 
        determines represents the amount of benefit the National 
        Oceanic and Atmospheric Administration derives from the 
        project.''.
                                                       Calendar No. 262

118th CONGRESS

  1st Session

                                 S. 318

_______________________________________________________________________

                                 A BILL

To amend the Save Our Seas 2.0 Act to improve the administration of the 
Marine Debris Foundation, to amend the Marine Debris Act to improve the 
administration of the Marine Debris Program of the National Oceanic and 
          Atmospheric Administration, and for other purposes.

_______________________________________________________________________

                            December 5, 2023

                       Reported with an amendment
```