II 

Calendar No. 663 

117TH CONGRESS 

2D SESSION S. 4321 

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 

MAY 26, 2022 

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 15, 2022 

Reported by Ms. CANTWELL, with an amendment 

[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. 

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 FOUNDA5 TION. 

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

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

8 in the second sentence, by striking ‘‘organization’’ and in9 serting ‘‘corporation’’. 

10 (b) BOARD OF DIRECTORS.— 

11 (1) APPOINTMENTS AND REMOVAL.—Section 

12 112(b) of such Act (33 U.S.C. 4212(b)) is amend13 ed— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A), by inserting ‘‘and 

16 such other criteria as the Under Secretary may 

17 establish’’ after ‘‘subsection (a)’’; 

18 (B) in paragraph (5), by inserting ‘‘the 

19 Administrator of the United States Agency for 

20 International Development,’’ after ‘‘Service,’’; 

21 (C) by redesignating subparagraphs (2) 

22 through (5) as subparagraphs (3) through (6), 

23 respectively; and 

24 (D) by inserting after paragraph (1) the 

25 following: 


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1 ‘‘(2) RECOMMENDATIONS OF BOARD REGARD2 ING APPOINTMENTS.—For appointments made 

3 under paragraph (1) other than the initial appoint4 ments, the Board shall submit to the Under Sec5 retary recommendations on candidates for appoint6 ment.’’. 

7 (2) GENERAL POWERS.—Section 112(g) of such 

8 Act (33 U.S.C. 4212(g)) is amended— 

9 (A) in paragraph (1)(A), by striking ‘‘offi10 cers and employees’’ and inserting ‘‘the initial 

11 officers and employees of the Board’’; and 

12 (B) in paragraph (2)(B)(i), by striking 

13 ‘‘chief operating officer’’ and inserting ‘‘chief 

14 executive officer’’. 

15 (3) CHIEF EXECUTIVE OFFICER.—Section 112 

16 of such Act (33 U.S.C. 4212) is amended by adding 

17 at the end the following: 

18 ‘‘(h) CHIEF EXECUTIVE OFFICER.— 

19 ‘‘(1) APPOINTMENT; REMOVAL; REVIEW.—The 

20 Board shall appoint and may remove and review the 

21 performance of the chief executive officer of the 

22 Board. 

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

24 the Board may appoint, remove, and review the perVerDate Sep 11 2014 05:01 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4321.RS S4321

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1 formance of any officer or employee of the Founda2 tion.’’. 

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

4 such Act (33 U.S.C. 4213(c)(1)) is amended, in the mat5 ter preceding subparagraph (A)— 

6 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora7 tion’’; and 

8 (2) by striking ‘‘acting as a trustee’’ and insert9 ing ‘‘formed’’. 

10 (d) PRINCIPAL OFFICE.—Section 113 of such Act 

11 (33 U.S.C. 4213) is amended by adding at the end the 

12 following: 

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

14 principal office of the Foundation outside the District of 

15 Columbia and is encouraged to locate that office in a 

16 coastal State.’’. 

17 (e) USE OF FUNDS.—Section 118 of such Act (33 

18 U.S.C. 4218) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2), by striking ‘‘and 

21 State and local government agencies’’ and in22 serting ‘‘, State and local government agencies, 

23 United States and international nongovern24 mental organizations, regional organizations, 

25 and foreign government entities’’; and 


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1 (B) in paragraph (3)— 

2 (i) in the paragraph heading, by strik3 ing ‘‘PROHIBITION’’ and inserting ‘‘LIMI4 TATION’’; and 

5 (ii) by striking subparagraph (B) and 

6 inserting the following: 

7 ‘‘(B) SALARIES.—The Foundation may use 

8 Federal funds described in subparagraph (A) to 

9 pay for salaries only during the 24-month pe10 riod beginning on the date of the enactment of 

11 this Act. The Secretary shall not require reim12 bursement from the Foundation for any such 

13 Federal funds used to pay for such salaries.’’; 

14 and 

15 (2) in subsection (b)(2), by striking ‘‘and State 

16 and local government agencies’’ and inserting ‘‘, 

17 State and local government agencies, United States 

18 and international nongovernmental organizations, re19 gional organizations, and foreign government enti20 ties’’. 


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1 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 

2 OF THE NATIONAL OCEANIC AND ATMOS3 PHERIC ADMINISTRATION. 

4 (a) GRANTS, COOPERATIVE AGREEMENTS, CON5 TRACTS, AND OTHER AGREEMENTS.—Section 3(d) of the 

6 Marine Debris Act (33 U.S.C. 1952(d)) is amended— 

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

8 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND

9 OTHER AGREEMENTS’’; 

10 (2) in paragraph (1), by striking ‘‘and con11 tracts’’ and inserting ‘‘, contracts, and other agree12 ments’’; 

13 (3) in paragraph (2)— 

14 (A) in subparagraph (B)— 

15 (i) by striking ‘‘part of the’’ and in16 serting ‘‘part of a’’; and 

17 (ii) by inserting ‘‘or (C)’’ after ‘‘sub18 paragraph (A)’’; and 

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

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

21 provided in subparagraph (B)’’ after ‘‘subpara22 graph (A)’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(7) IN-KIND CONTRIBUTIONS.—With respect 

25 to any project carried out pursuant to a contract or 

26 other agreement entered into under paragraph (1) 


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1 that is not a cooperative agreement or an agreement 

2 to provide financial assistance in the form of a 

3 grant, the Administrator may contribute on an in4 kind basis the portion of the costs of the project that 

5 the Administrator determines represents the amount 

6 of benefit the National Oceanic and Atmospheric 

7 Administration derives from the project.’’. 

8 (b) RECEIPT AND EXPENDITURE OF FUNDS; USE OF

9 RESOURCES.—Section 3 of the Marine Debris Act (33 

10 U.S.C. 1952) is amended by adding at the end the fol11 lowing: 

12 ‘‘(e) RECEIPT AND EXPENDITURE OF FUNDS.—In 

13 order to accomplish the purpose set forth in section 2, the 

14 Administrator, acting through the Program, may receive 

15 and, only to the extent provided in advance in appropria16 tions Acts, expend funds made available by— 

17 ‘‘(1) any department, agency, or instrumen18 tality of the United States; 

19 ‘‘(2) any State, local, or tribal government (or 

20 any political subdivision thereof); 

21 ‘‘(3) any foreign government or international 

22 organization; 

23 ‘‘(4) any public or private organization; or 

24 ‘‘(5) any individual. 


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1 ‘‘(f) USE OF RESOURCES.—In order to accomplish 

2 the purpose set forth in section 2, the Administrator, act3 ing through the Program, may use, with consent, with re4 imbursement, and subject to the availability of appropria5 tions, the land, services, equipment, personnel, and facili6 ties of— 

7 ‘‘(1) any department, agency, or instrumen8 tality of the United States; 

9 ‘‘(2) any State, local, or tribal government (or 

10 any political subdivision thereof); 

11 ‘‘(3) any foreign government or international 

12 organization; 

13 ‘‘(4) any public or private organization; or 

14 ‘‘(5) any individual.’’. 

15 SEC. 4. BEST PRACTICES. 

16 Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 

17 4213) (as amended by section 2(d)) is amended by adding 

18 at the end the following: 

19 ‘‘(h) BEST PRACTICES.— 

20 ‘‘(1) TRIBAL GOVERNMENT.— In this paragraph, 

21 the term ‘Tribal government’ means the recognized 

22 governing body of any Indian or Alaska Native tribe, 

23 band, nation, pueblo, village, community, component 

24 band, or component reservation individually identi25 fied (including parenthetically) in the list published 


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1 most recently as of the date of enactment of the Save 

2 Our Seas 2.0 Amendments Act pursuant to section 

3 104 of the Federally Recognized Indian Tribe List Act 

4 of 1994 (25 U.S.C. 5131). 

5 ‘‘(2) BEST PRACTICES.—The Foundation shall 

6 develop and implement best practices for conducting 

7 outreach to Tribal governments and Indian Tribes. 

8 ‘‘(3) REQUIREMENTS.—The best practices devel9 oped under paragraph (2) 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.’’. 


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Calendar No. 663 

117TH CONGRESS 

2D SESSION S. 4321 

A BILL 

To amend the Save Our Seas 2.0 Act to improve 

istration, and for other purposes. of the National Oceanic and Atmospheric Adminthe administration of the Marine Debris Program tion, to amend the Marine Debris Act to improve the administration of the Marine Debris FoundaDECEMBER 15, 2022 

Reported with an amendment 


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