117TH CONGRESS 

2D SESSION S. 4321 

AN ACT 

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) APPOINTMENT, VACANCIES, AND RE12 MOVAL.—Section 112(b) of such Act (33 U.S.C. 

13 4212(b)) is amended— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A)— 

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

17 inserting ‘‘considering’’; 

18 (ii) by inserting ‘‘and with the ap19 proval of the Secretary of Commerce,’’ 

20 after ‘‘by the Board,’’; and 

21 (iii) by inserting ‘‘and such other cri22 teria as the Under Secretary may estab23 lish’’ after ‘‘subsection (a)’’; 

24 (B) in paragraph (3)(A), by inserting 

25 ‘‘with the approval of the Secretary of Com26 merce’’ after ‘‘the Board’’; 
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1 (C) in paragraph (5)— 

2 (i) by inserting ‘‘the Administrator of 

3 the United States Agency for International 

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

5 (ii) by inserting ‘‘and with the ap6 proval of the Secretary of Commerce’’ after 

7 ‘‘EPA Administrator’’; 

8 (D) by redesignating paragraphs (2) 

9 through (5) as paragraphs (3) through (6), re10 spectively; and 

11 (E) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) RECOMMENDATIONS OF BOARD REGARD14 ING APPOINTMENTS.—For appointments made 

15 under paragraph (1) other than the initial appoint16 ments, the Board shall submit to the Under Sec17 retary recommendations on candidates for appoint18 ment.’’. 

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

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

21 (A) in paragraph (1)(A), by striking ‘‘offi22 cers and employees’’ and inserting ‘‘the initial 

23 officers and employees of the Board’’; and 
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1 (B) in paragraph (2)(B)(i), by striking 

2 ‘‘chief operating officer’’ and inserting ‘‘chief 

3 executive officer’’. 

4 (3) CHIEF EXECUTIVE OFFICER.—Section 112 

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

6 at the end the following: 

7 ‘‘(h) CHIEF EXECUTIVE OFFICER.— 

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

9 Board shall appoint and may remove and review the 

10 performance of the chief executive officer of the 

11 Board. 

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

13 the Board may appoint, remove, and review the per14 formance of any officer or employee of the Founda15 tion.’’. 

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

17 such Act (33 U.S.C. 4213(c)(1)) is amended, in the mat18 ter preceding subparagraph (A)— 

19 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora20 tion’’; and 

21 (2) by striking ‘‘acting as a trustee’’ and insert22 ing ‘‘formed’’. 

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

24 (33 U.S.C. 4213) is amended by adding at the end the 

25 following: 
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1 ‘‘(g) PRINCIPAL OFFICE.—The Board may locate the 

2 principal office of the Foundation outside the District of 

3 Columbia and is encouraged to locate that office in a 

4 coastal State.’’. 

5 (e) BEST PRACTICES.—Section 113 of such Act (33 

6 U.S.C. 4213), as amended by subsection (d), is further 

7 amended by adding at the end the following: 

8 ‘‘(h) BEST PRACTICES.— 

9 ‘‘(1) TRIBAL GOVERNMENT.—In this para10 graph, the term ‘Tribal government’ means the rec11 ognized governing body of any Indian or Alaska Na12 tive tribe, band, nation, pueblo, village, community, 

13 component band, or component reservation individ14 ually identified (including parenthetically) in the list 

15 published most recently as of the date of enactment 

16 of the Save Our Seas 2.0 Amendments Act pursuant 

17 to section 104 of the Federally Recognized Indian 

18 Tribe List Act of 1994 (25 U.S.C. 5131). 

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

20 develop and implement best practices for conducting 

21 outreach to Tribal governments and Indian Tribes. 

22 ‘‘(3) REQUIREMENTS.—The best practices de23 veloped under paragraph (2) shall— 
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1 ‘‘(A) include a process to support technical 

2 assistance and capacity building to improve out3 comes; and 

4 ‘‘(B) promote an awareness of programs 

5 and grants available under this Act.’’. 

6 (f) USE OF FUNDS.—Section 118 of such Act (33 

7 U.S.C. 4218) is amended— 

8 (1) in subsection (a)— 

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

10 State and local government agencies’’ and in11 serting ‘‘, State and local government agencies, 

12 United States and international nongovern13 mental organizations, regional organizations, 

14 and foreign government entities’’; and 

15 (B) in paragraph (3)— 

16 (i) in the paragraph heading, by strik17 ing ‘‘PROHIBITION’’ and inserting ‘‘LIMI18 TATION’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

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

22 Federal funds described in subparagraph (A) to 

23 pay for salaries only during the 24-month pe24 riod beginning on the date of the enactment of 

25 this Act. The Secretary shall not require reim-
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1 bursement from the Foundation for any such 

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

3 and 

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

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

6 State and local government agencies, United States 

7 and international nongovernmental organizations, re8 gional organizations, and foreign government enti9 ties’’. 

10 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 

11 OF THE NATIONAL OCEANIC AND ATMOS12 PHERIC ADMINISTRATION. 

13 (a) GRANTS, COOPERATIVE AGREEMENTS, CON14 TRACTS, AND OTHER AGREEMENTS.—Section 3(d) of the 

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

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

17 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND

18 OTHER AGREEMENTS’’; 

19 (2) in paragraph (1), by striking ‘‘and con20 tracts’’ and inserting ‘‘, contracts, and other agree21 ments’’; 

22 (3) in paragraph (2)— 

23 (A) in subparagraph (B)— 

24 (i) by striking ‘‘part of the’’ and in25 serting ‘‘part of a’’; and 
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1 (ii) by inserting ‘‘or (C)’’ after ‘‘sub2 paragraph (A)’’; and 

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

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

5 provided in subparagraph (B)’’ after ‘‘subpara6 graph (A)’’; and 

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

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

9 to any project carried out pursuant to a contract or 

10 other agreement entered into under paragraph (1) 

11 that is not a cooperative agreement or an agreement 

12 to provide financial assistance in the form of a 

13 grant, the Administrator may contribute on an in14 kind basis the portion of the costs of the project that 

15 the Administrator determines represents the amount 

16 of benefit the National Oceanic and Atmospheric 

17 Administration derives from the project.’’. 

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

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

20 U.S.C. 1952) is amended by adding at the end the fol21 lowing: 

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

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

24 Administrator, acting through the Program, may, only to 
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1 the extent provided in advance in appropriations Acts, re2 ceive and expend funds made available by— 

3 ‘‘(1) any department, agency, or instrumen4 tality of the United States; 

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

6 any political subdivision thereof); 

7 ‘‘(3) any foreign government or international 

8 organization; 

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

10 ‘‘(5) any individual. 

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

12 the purpose set forth in section 2, the Administrator, act13 ing through the Program, may use, with consent, with re14 imbursement, and subject to the availability of appropria15 tions, the land, services, equipment, personnel, and facili16 ties of— 

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 
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1 ‘‘(5) any individual.’’. 

Passed the Senate December 22, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 4321 

AN ACT 

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 Founda-