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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  1st Session
                                 S. 216

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

                            January 23, 2025

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

_______________________________________________________________________

                                 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,

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.

    (a) In General.--The Marine Debris Act (Public Law 109-449) is 
amended--
            (1) by inserting before section 3 the following:

           ``Subtitle A--NOAA And Coast Guard Programs''; and

            (2) by redesignating sections 3 through 6 as sections 101 
        through 104, respectively.
    (b) Grants, Cooperative Agreements, Contracts, and Other 
Agreements.--Section 101(d) of the Marine Debris Act (33 U.S.C. 
1952(d)), as redesignated by this Act, 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) In General.--Subtitle B of title I of the Save Our Seas 2.0 Act 
(Public Law 116-224) is transferred to appear after section 104 of the 
Marine Debris Act (Public Law 109-449), as redesignated by this Act.
    (b) Status of Foundation.--Section 111(a) of the Marine Debris Act 
(Public Law 109-449), as transferred by this Act, is amended, in the 
second sentence, by striking ``organization'' and inserting 
``corporation''.
    (c) Purposes.--Section 111(b) of the Marine Debris Act (Public Law 
109-449), as transferred and redesignated by this Act, is amended--
            (1) in paragraph (3) by inserting ``Indian Tribes,'' after 
        ``Tribal governments,''; and
            (2) in paragraph (4) by striking ``title II'' and inserting 
        ``subtitle C''.
    (d) Board of Directors.--
            (1) Appointment, vacancies, and removal.--Section 112(b) of 
        the Marine Debris Act (Public Law 109-449), as transferred by 
        this Act, is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6) respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, 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, in the 
                matter preceding subparagraph (A)--
                            (i) by striking ``and considering'' and 
                        inserting ``considering''; and
                            (ii) by inserting ``and with the approval 
                        of the Secretary of Commerce,'' after ``by the 
                        Board,'';
                    (D) by amending paragraph (3), as redesignated, to 
                read as follows:
            ``(3) Terms.--Any Director appointed under paragraph (2) 
        shall be appointed for a term of 6 years.'';
                    (E) in paragraph (4)(A), as redesignated, by 
                inserting ``with the approval of the Secretary of 
                Commerce'' after ``the Board''; and
                    (F) in paragraph (6), as 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 Marine Debris 
        Act (Public Law 109-449), as transferred by this Act, 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 Marine 
        Debris Act (Public Law 109-449), as transferred by this Act, 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.''.
    (e) Powers of Foundation.--Section 113(c)(1) of the Marine Debris 
Act (Public Law 109-449), as transferred by this Act, 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 the Marine Debris Act (Public 
Law 109-449), as transferred by this Act, is amended by adding at the 
end the following:
    ``(g) Principal Office.--The Board shall 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.''.
    (g) Best Practices; Rule of Construction.--Section 113 of the 
Marine Debris Act (Public Law 109-449), as transferred by this Act and 
amended by subsection (e), 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) Authorization of Appropriations.--Section 118(a) of the Marine 
Debris Act (Public Law 109-449), as transferred by this Act, is 
amended--
            (1) in paragraph (1), by inserting ``and $2,000,000 for 
        fiscal year 2025'' after ``through 2024''; and
            (2) in paragraph (2), by striking ``and State and local 
        government agencies'' and inserting ``, State and local 
        government agencies, regional organizations, Indian Tribes, 
        Tribal organizations, and foreign governments''.
    (i) Reauthorization.--Section 9(a) of the Marine Debris Act (Public 
Law 109-449) is amended by striking ``for'' the first place it appears 
and all that follows through ``carrying out'' and inserting ``for each 
of fiscal years 2018 through 2029 for carrying out''.

SEC. 4. TRANSFERS.

    (a) Save Our Seas 2.0 Act.--Subtitle C of title I of the Save Our 
Seas 2.0 Act (Public Law 116-224) is transferred to appear after 
section 119 of the Marine Debris Act (Public Law 109-449) as 
transferred and redesignated by this Act.
    (b) Marine Debris Act.--The Marine Debris Act (Public Law 109-449) 
is amended--
            (1) by transferring sections 7, 8, 9 (as amended), and 10 
        to appear after section 127, as transferred by this Act, and 
        redesignated as sections 131, 132, 133, and 134, respectively; 
        and
            (2) by inserting before section 131, as so transferred and 
        redesignated, the following:

                    ``Subtitle D--Administration''.

SEC. 5. DEFINITIONS.

    (a) In General.--Section 131 of the Marine Debris Act (Public Law 
109-449), as transferred and redesignated by this Act, is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2), (3), (4), (5), (6), 
        and (7) as paragraphs (5), (6), (7), (11), (12), and (13), 
        respectively;
            (3) by inserting before paragraph (5), as so redesignated, 
        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).
            ``(2) Coastal shoreline community.--The term `coastal 
        shoreline community' means a city or county directly adjacent 
        to the open ocean, major estuaries, or the Great Lakes.
            ``(3) EPA administrator.--The term `EPA Administrator' has 
        the meaning given such term in section 2 of the Save Our Seas 
        2.0 Act (Public Law 116-224).
            ``(4) 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).'';
            (4) by inserting before paragraph (11), as so redesignated, 
        the following:
            ``(9) Nonprofit organization.--The term `nonprofit 
        organization' has the meaning given such term in section 2 of 
        the Save Our Seas 2.0 Act (Public Law 116-224).
            ``(10) 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).'';
            (5) by inserting after paragraph (13), as so redesignated, 
        the following:
            ``(14) 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).
            ``(15) Tribal organization.--The term `Tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(16) Under secretary.--The term `Under Secretary' has the 
        meaning given such term in section 2 of the Save Our Seas 2.0 
        Act (Public Law 116-224).''; and
            (6) in paragraph (13), as so redesignated--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E); and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Indian Tribe;''.
    (b) Transfer.--
            (1) In general.--Section 2(7) of the Save Our Seas 2.0 Act 
        (Public Law 116-224) is transferred to section 131 of the 
        Marine Debris Act (Public Law 109-449), inserted after 
        paragraph (7) (as redesignated), and redesignated as paragraph 
        (8).
            (2) Redesignation.--Section 2 of the Save Our Seas 2.0 Act 
        (Public Law 116-224) is amended by redesignating paragraphs (8) 
        through (11) as paragraphs (7) through (10), respectively.
    (c) Non-Federal Funds.--Paragraph (8)(D) of section 131 of the 
Marine Debris Act (Public Law 109-449), as transferred and redesignated 
by this Act, is amended by striking ``(as defined in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304))''.

SEC. 6. CONFORMING AMENDMENTS.

    (a) In General.--Sections 1 and 2 of the Marine Debris Act, 
sections 101, 102, and 104 of the Marine Debris Act, as redesignated by 
this Act, and section 133 of the Marine Debris Act, as transferred and 
so redesignated by this Act, are amended by striking ``Administrator'' 
and inserting ``Under Secretary''.
    (b) Section 103.--Section 103 of the Marine Debris Act is amended 
by--
            (1) striking ``Administrator of the National Oceanic and 
        Atmospheric Administration'' and inserting ``Under Secretary'';
            (2) striking ``Administrator of the Environmental 
        Protection Agency'' and inserting ``EPA Administrator''; and
            (3) in subsection (e)(3) by striking ``section 3'' and 
        inserting ``section 101''.
    (c) Section 123.--Section 123 of the Marine Debris Act, as 
transferred and so redesignated by this Act, is amended by striking 
``title I'' and inserting ``subtitle B''.
    (d) Section 133.--Section 133 of the Marine Debris Act, as 
transferred and so redesignated by this Act, is amended by striking 
``sections 3, 5, and 6'' and inserting ``sections 101, 103, and 104''.
    (e) Section 134.--Section 134 of the Marine Debris Act, as 
transferred and so redesignated by this Act, is amended by striking 
``Administrator of the Environmental Protection Agency'' and inserting 
``EPA Administrator''.
    (f) Tribal Government.--Subtitle A of the Marine Debris Act, as 
designated in this Act, is amended by striking ``tribal government'' 
and inserting ``Tribal Government''.
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