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