[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5649 Engrossed in Senate (ES)]
<DOC>
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.
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.
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.''.
SEC. 3. 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''.
SEC. 4. 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:
``Subtitle A--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:
``Subtitle D--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).
SEC. 5. 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.''.
SEC. 6. 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.
Attest:
Secretary.
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.
Save Our Seas 2.0 Amendments Act
#5649 | S Congress #118
Policy Area: Environmental Protection
Last Action: Held at the desk. (12/24/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text