S. 5649 – Reading Mode

118th CONGRESS

2d Session

S. 5649

AN ACT

To amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, to improve the administration of the Marine Debris Foundation, and for other purposes.

Short title

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

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 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.

Modifications to the Marine Debris Foundation

(a)

Status of Foundation

Section 111(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4211(a)) is amended, in the second sentence, by striking organization and inserting corporation.

(b)

Purposes

Section 111(b)(3) of the Save Our Seas 2.0 Act (33 U.S.C. 4211(b)(3)) is amended by inserting Indian Tribes, after Tribal governments,.

(c)

Board of directors

(1)

Appointment, vacancies, and removal

Section 112(b) of the Save Our Seas 2.0 Act (33 U.S.C. 4212(b)) is amended—

(A)

by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively;

(B)

by inserting before paragraph (2) 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 by subparagraph (A), in the matter preceding subparagraph (A)—

(i)

by striking paragraph (2) and inserting paragraph (3);

(ii)

by striking and considering and inserting considering; and

(iii)

by inserting under paragraph (1), and with the approval of the Secretary of Commerce after by the Board;

(D)

by amending paragraph (3), as so redesignated, to read as follows:

(3)

Terms

Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.

;

(E)

in subparagraph (A) of paragraph (4), as so redesignated, by inserting with the approval of the Secretary of Commerce after the Board; and

(F)

in paragraph (6), as so 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 Save Our Seas 2.0 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 the Save Our Seas 2.0 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 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.

(d)

Powers of Foundation

Section 113(c)(1) of the Save Our Seas 2.0 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 the Save Our Seas 2.0 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 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.

(f)

Best practices; rule of construction

Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 4213), as amended by subsection (e), is further amended by adding at the end the following:

(h)

Best practices for outreach to Indian Tribes

(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.

(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.

(g)

Use of funds

Section 118(a)(2) of the Save Our Seas 2.0 Act (33 U.S.C. 4218(a)(2)) is amended 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.

Organization of Marine Debris Act

(a)

In general

The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended—

(1)

by inserting before section 3 the following:

National Oceanic and Atmospheric Administration and Coast Guard programs

;

(2)

by redesignating sections 3 through 6 as sections 101 through 104, respectively;

(3)

by redesignating sections 7 through 10 as sections 131 through 134, respectively; and

(4)

by inserting before section 131, as redesignated by paragraph (3), the following:

Administration

(b)

Marine Debris Foundation

Subtitle B of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4211 et seq.) is—

(1)

transferred to the Marine Debris Act; and

(2)

inserted after section 104 of the Marine Debris Act, as redesignated by subsection (a)(2).

(c)

Genius Prize for Save Our Seas Innovations

Subtitle C of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4231 et seq.) is—

(1)

transferred to the Marine Debris Act; and

(2)

inserted after section 119 of the Marine Debris Act, as transferred and inserted by subsection (b).

Definitions

Section 131 of the Marine Debris Act, as redesignated by section 4(a)(3), is amended—

(1)

by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (10), (11), and (12), respectively;

(2)

by striking paragraph (1) and inserting 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; 33 U.S.C. 4201 note).

(2)

Coastal shoreline community

The term coastal shoreline community means a city or county directly adjacent to the open ocean, a major estuary, or one of the Great Lakes.

(3)

EPA Administrator

The term EPA Administrator means the Administrator of the Environmental Protection Agency.

;

(3)

by inserting after paragraph (6), as redesignated by paragraph (1), the following:

(7)

Non-federal funds

The term non-Federal funds means funds provided by—

(A)

a State;

(B)

an Indian Tribe;

(C)

a territory of the United States;

(D)

one or more units of local governments or Tribal organizations;

(E)

a foreign government;

(F)

a private for-profit entity;

(G)

a nonprofit organization; or

(H)

a private individual.

(8)

Nonprofit

The term nonprofit, with respect to a corporation or other organization, means the corporation or other organization is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

(9)

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; 33 U.S.C. 4201 note).

;

(4)

in paragraph (12), as so redesignated—

(A)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and

(B)

by inserting after subparagraph (A) the following:

(B)

Indian Tribe;

; and

(5)

by adding after paragraph (12), as so redesignated, the following:

(13)

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).

(14)

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).

(15)

Under Secretary

The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.

Conforming amendments

(a)

Marine Debris Act

The Marine Debris Act (33 U.S.C. 1951 et seq.), as amended by this Act, is further amended—

(1)

in section 103, as redesignated by section 4(a)(2)—

(A)

in subsection (d), in the matter preceding paragraph (1)—

(i)

by striking Administrator of the National Oceanic and Atmospheric Administration and inserting Under Secretary; and

(ii)

by striking Administrator of the Environmental Protection Agency and insert EPA Administrator; and

(B)

in subsection (e)(3), by striking section 3 and inserting section 101;

(2)

in subsection (b)(4) of section 111, as transferred by section 4(b), by striking title III and inserting subtitle C;

(3)

in subsection (a) of section 123, as transferred by section 4(c), by striking title I and inserting subtitle B;

(4)

in section 134, as redesignated by section 4(a)(3), by striking Administrator of the Environmental Protection Agency and inserting EPA Administrator; and

(5)

by striking Administrator each place it appears (other than in section 103(d)), 131, or 134, as redesignated by section 4(a)) and inserting Under Secretary.

(b)

Save Our Seas 2.0 Act

Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224; 33 U.S.C. 4201 note) is amended—

(1)

by striking paragraph (7); and

(2)

by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively.

Passed the Senate December 21 (legislative day, December 16), 2024.

Secretary