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

1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act . 2. Modifications to the Marine Debris Foundation (a) Definition of Tribal organization 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 (12); and (3) by inserting after paragraph (10) the following: (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 ). . (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) 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. . (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)— (1) by inserting nonprofit before corporation ; and (2) by striking acting as a trustee and inserting formed . (e) 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. . (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: (h) Best practices (1) In general The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes. (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. . (g) 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, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities ; and (B) in paragraph (3)— (i) in the paragraph heading, by striking Prohibition and inserting Limitation ; (ii) in subparagraph (A)— (I) by striking Except as provided in subparagraph (B), no and inserting Not more than 12 percent of ; and (II) by striking for administrative and inserting to offset the administrative ; and (iii) 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 . 3. Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration (a) Grants, cooperative agreements, contracts, and other agreements 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. . (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: (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— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. (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— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. . (c) Definition of Indian tribe Section 7 of such Act ( 33 U.S.C. 1956 ) is amended— (1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2) by inserting after paragraph (1) the following: (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 ). .

1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act . 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 . 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. .

December 5, 2023 Reported with an amendment