II 

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, and Mr. MENENDEZ) 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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Amendments Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4321 IS

1 SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDA2 TION. 

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

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

5 in the second sentence, by striking ‘‘organization’’ and in6 serting ‘‘corporation’’. 

7 (b) BOARD OF DIRECTORS.— 

8 (1) APPOINTMENTS AND REMOVAL.—Section 

9 112(b) of such Act (33 U.S.C. 4212(b)) is amend10 ed— 

11 (A) in paragraph (1), in the matter pre12 ceding subparagraph (A), by inserting ‘‘and 

13 such other criteria as the Under Secretary may 

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

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

16 Administrator of the United States Agency for 

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

18 (C) by redesignating subparagraphs (2) 

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

20 respectively; and 

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

22 following: 

23 ‘‘(2) RECOMMENDATIONS OF BOARD REGARD24 ING APPOINTMENTS.—For appointments made 

25 under paragraph (1) other than the initial appoint26 ments, the Board shall submit to the Under SecVerDate Sep 11 2014 04:19 Jun 02, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4321.IS S4321

kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4321 IS

1 retary recommendations on candidates for appoint2 ment.’’. 

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

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

5 (A) in paragraph (1)(A), by striking ‘‘offi6 cers and employees’’ and inserting ‘‘the initial 

7 officers and employees of the Board’’; and 

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

9 ‘‘chief operating officer’’ and inserting ‘‘chief 

10 executive officer’’. 

11 (3) CHIEF EXECUTIVE OFFICER.—Section 112 

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

13 at the end the following: 

14 ‘‘(h) CHIEF EXECUTIVE OFFICER.— 

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

16 Board shall appoint and may remove and review the 

17 performance of the chief executive officer of the 

18 Board. 

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

20 the Board may appoint, remove, and review the per21 formance of any officer or employee of the Founda22 tion.’’. 

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

24 such Act (33 U.S.C. 4213(c)(1)) is amended, in the mat25 ter preceding subparagraph (A)— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4321 IS

1 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora2 tion’’; and 

3 (2) by striking ‘‘acting as a trustee’’ and insert4 ing ‘‘formed’’. 

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

6 (33 U.S.C. 4213) is amended by adding at the end the 

7 following: 

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

9 principal office of the Foundation outside the District of 

10 Columbia and is encouraged to locate that office in a 

11 coastal State.’’. 

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

13 U.S.C. 4218) is amended— 

14 (1) in subsection (a)— 

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

16 State and local government agencies’’ and in17 serting ‘‘, State and local government agencies, 

18 United States and international nongovern19 mental organizations, regional organizations, 

20 and foreign government entities’’; and 

21 (B) in paragraph (3)— 

22 (i) in the paragraph heading, by strik23 ing ‘‘PROHIBITION’’ and inserting ‘‘LIMI24 TATION’’; and 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4321 IS

1 (ii) by striking subparagraph (B) and 

2 inserting the following: 

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

4 Federal funds described in subparagraph (A) to 

5 pay for salaries only during the 24-month pe6 riod beginning on the date of the enactment of 

7 this Act. The Secretary shall not require reim8 bursement from the Foundation for any such 

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

10 and 

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

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

13 State and local government agencies, United States 

14 and international nongovernmental organizations, re15 gional organizations, and foreign government enti16 ties’’. 

17 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 

18 OF THE NATIONAL OCEANIC AND ATMOS19 PHERIC ADMINISTRATION. 

20 (a) GRANTS, COOPERATIVE AGREEMENTS, CON21 TRACTS, AND OTHER AGREEMENTS.—Section 3(d) of the 

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

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

24 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND

25 OTHER AGREEMENTS’’; 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4321 IS

1 (2) in paragraph (1), by striking ‘‘and con2 tracts’’ and inserting ‘‘, contracts, and other agree3 ments’’; 

4 (3) in paragraph (2)— 

5 (A) in subparagraph (B)— 

6 (i) by striking ‘‘part of the’’ and in7 serting ‘‘part of a’’; and 

8 (ii) by inserting ‘‘or (C)’’ after ‘‘sub9 paragraph (A)’’; and 

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

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

12 provided in subparagraph (B)’’ after ‘‘subpara13 graph (A)’’; and 

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

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

16 to any project carried out pursuant to a contract or 

17 other agreement entered into under paragraph (1) 

18 that is not a cooperative agreement or an agreement 

19 to provide financial assistance in the form of a 

20 grant, the Administrator may contribute on an in21 kind basis the portion of the costs of the project that 

22 the Administrator determines represents the amount 

23 of benefit the National Oceanic and Atmospheric 

24 Administration derives from the project.’’. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4321 IS

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

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

3 U.S.C. 1952) is amended by adding at the end the fol4 lowing: 

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

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

7 Administrator, acting through the Program, may receive 

8 and, only to the extent provided in advance in appropria9 tions Acts, expend funds made available by— 

10 ‘‘(1) any department, agency, or instrumen11 tality of the United States; 

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

13 any political subdivision thereof); 

14 ‘‘(3) any foreign government or international 

15 organization; 

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

17 ‘‘(5) any individual. 

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

19 the purpose set forth in section 2, the Administrator, act20 ing through the Program, may use, with consent, with re21 imbursement, and subject to the availability of appropria22 tions, the land, services, equipment, personnel, and facili23 ties of— 

24 ‘‘(1) any department, agency, or instrumen25 tality of the United States; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4321 IS

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

2 any political subdivision thereof); 

3 ‘‘(3) any foreign government or international 

4 organization; 

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

6 ‘‘(5) any individual.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS