What This Bill Does
This bill changes how the Marine Debris Foundation operates and how the National Oceanic and Atmospheric Administration runs its Marine Debris Program. The bill updates rules for who can serve on the Foundation's board, how the Foundation spends money, and what kinds of agreements the Marine Debris Program can make with other organizations.
Who It Affects
Indian Tribes and Tribal governments, Tribal organizations, the Marine Debris Foundation, the National Oceanic and Atmospheric Administration, State and local government agencies, regional organizations, nongovernmental organizations, and foreign government entities.
Key Provisions
• The Foundation must develop and use best practices for reaching out to Indian Tribes and Tribal governments, including providing technical assistance and making people aware of available programs and grants. (Sec. 2(g))
• The Foundation can use Federal money to pay employee salaries only for 24 months starting from when this law takes effect, and the Secretary of Commerce cannot require the Foundation to pay back those funds. (Sec. 2(h))
• The Board of Directors must get approval from the Secretary of Commerce before appointing new board members and before removing or reviewing a board member's performance. (Sec. 2(d))
• The Foundation can locate its main office outside Washington, D.C. and is encouraged to place it in a coastal state. (Sec. 2(f))
• The National Oceanic and Atmospheric Administration can contribute its own resources (in-kind contributions) toward certain marine debris projects as payment for the benefit the agency receives. (Sec. 3)
What Changes
The Foundation becomes a nonprofit corporation instead of an organization. The Foundation can now receive money from and work with Indian Tribes, Tribal organizations, regional organizations, and foreign government entities. The Foundation must have a chief executive officer appointed by the Board who can hire and fire other staff. The Marine Debris Program can now enter into various types of agreements with partners, not just grants and contracts.
Important Definitions
Tribal government: The recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation that appears on the federal list published under the Federally Recognized Indian Tribe List Act of 1994.
Tribal organization: Has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act.
118TH CONGRESS
1ST SESSION
S. 318
AN ACT
To amend the Save Our Seas 2.0 Act to improve the admin-
istration 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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† S 318 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Save Our Seas 2.0
2
Amendments Act’’.
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SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDA-
4
TION.
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(a) DEFINITIONS.—Section 2 of the Save Our Seas
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2.0 Act (33 U.S.C. 4201) is amended—
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(1) in paragraph (7)(D), by striking ‘‘(as de-
8
fined’’ and all that follows through ‘‘5304))’’;
9
(2) by redesignating paragraph (11) as para-
10
graph (13); and
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(3) by inserting after paragraph (10) the fol-
12
lowing:
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‘‘(11) TRIBAL GOVERNMENT.—The term ‘Tribal
14
government’ means the recognized governing body of
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any Indian or Alaska Native Tribe, band, nation,
16
pueblo, village, community, component band, or com-
17
ponent reservation, individually identified (including
18
parenthetically) in the list published most recently as
19
of the date of the enactment of the Save Our Seas
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2.0 Amendments Act pursuant to section 104 of the
21
Federally Recognized Indian Tribe List Act of 1994
22
(25 U.S.C. 5131).
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‘‘(12) TRIBAL ORGANIZATION.—The term ‘Trib-
24
al organization’ has the meaning given that term in
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† S 318 ES
section 4 of the Indian Self-Determination and Edu-
1
cation Assistance Act (25 U.S.C. 5304).’’.
2
(b) STATUS
OF FOUNDATION.—Section 111(a) of
3
such Act (33 U.S.C. 4211(a)) is amended, in the second
4
sentence, by striking ‘‘organization’’ and inserting ‘‘cor-
5
poration’’.
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(c) PURPOSES.—Section 111(b)(3) of such Act (33
7
U.S.C. 4211(b)(3)) is amended by inserting ‘‘Indian
8
Tribes,’’ after ‘‘Tribal governments,’’.
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(d) BOARD OF DIRECTORS.—
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(1)
APPOINTMENT,
VACANCIES,
AND
RE-
11
MOVAL.—Section 112(b) of such Act (33 U.S.C.
12
4212(b)) is amended—
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(A) in paragraph (1), in the matter pre-
14
ceding subparagraph (A)—
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(i) by striking ‘‘and considering’’ and
16
inserting ‘‘considering’’;
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(ii) by inserting ‘‘and with the ap-
18
proval of the Secretary of Commerce,’’
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after ‘‘by the Board,’’; and
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(iii) by inserting ‘‘and such other cri-
21
teria as the Under Secretary may estab-
22
lish’’ after ‘‘subsection (a)’’;
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† S 318 ES
(B) in paragraph (3)(A), by inserting
1
‘‘with the approval of the Secretary of Com-
2
merce’’ after ‘‘the Board’’;
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(C) in paragraph (5)—
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(i) by inserting ‘‘the Administrator of
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the United States Agency for International
6
Development,’’ after ‘‘Service,’’; and
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(ii) by inserting ‘‘and with the ap-
8
proval of the Secretary of Commerce’’ after
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‘‘EPA Administrator’’;
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(D) by redesignating paragraphs (2)
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through (5) as paragraphs (3) through (6), re-
12
spectively; and
13
(E) by inserting after paragraph (1) the
14
following:
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‘‘(2) RECOMMENDATIONS OF BOARD REGARD-
16
ING
APPOINTMENTS.—For
appointments
made
17
under paragraph (1) other than the initial appoint-
18
ments, the Board shall submit to the Under Sec-
19
retary recommendations on candidates for appoint-
20
ment.’’.
21
(2) GENERAL POWERS.—Section 112(g) of such
22
Act (33 U.S.C. 4212(g)) is amended—
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† S 318 ES
(A) in paragraph (1)(A), by striking ‘‘offi-
1
cers and employees’’ and inserting ‘‘the initial
2
officers and employees’’; and
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(B) in paragraph (2)(B)(i), by striking ‘‘its
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chief operating officer’’ and inserting ‘‘the chief
5
executive officer of the Foundation’’.
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(3) CHIEF EXECUTIVE OFFICER.—Section 112
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of such Act (33 U.S.C. 4212) is amended by adding
8
at the end the following:
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‘‘(h) CHIEF EXECUTIVE OFFICER.—
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‘‘(1) APPOINTMENT; REMOVAL; REVIEW.—The
11
Board shall appoint and may remove and review the
12
performance of the chief executive officer of the
13
Foundation.
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‘‘(2) POWERS.—The chief executive officer of
15
the Foundation may appoint, remove, and review the
16
performance of any officer or employee of the Foun-
17
dation.’’.
18
(e) POWERS OF FOUNDATION.—Section 113(c)(1) of
19
such Act (33 U.S.C. 4213(c)(1)) is amended, in the mat-
20
ter preceding subparagraph (A)—
21
(1) by inserting ‘‘nonprofit’’ before ‘‘corpora-
22
tion’’; and
23
(2) by striking ‘‘acting as a trustee’’ and insert-
24
ing ‘‘formed’’.
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† S 318 ES
(f) PRINCIPAL OFFICE.—Section 113 of such Act (33
1
U.S.C. 4213) is amended by adding at the end the fol-
2
lowing:
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‘‘(g) PRINCIPAL OFFICE.—The Board may locate the
4
principal office of the Foundation outside the District of
5
Columbia and is encouraged to locate that office in a
6
coastal State.’’.
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(g) BEST PRACTICES; RULE OF CONSTRUCTION.—
8
Section 113 of such Act (33 U.S.C. 4213), as amended
9
by subsection (f), is further amended by adding at the end
10
the following:
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‘‘(h) BEST PRACTICES.—
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‘‘(1) IN GENERAL.—The Foundation shall de-
13
velop and implement best practices for conducting
14
outreach to Indian Tribes and Tribal governments.
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‘‘(2) REQUIREMENTS.—The best practices de-
16
veloped under paragraph (1) shall—
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‘‘(A) include a process to support technical
18
assistance and capacity building to improve out-
19
comes; and
20
‘‘(B) promote an awareness of programs
21
and grants available under this Act.
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‘‘(i) RULE OF CONSTRUCTION.—Nothing in this Act
23
may be construed—
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† S 318 ES
‘‘(1) to satisfy any requirement for government-
1
to-government consultation with Tribal governments;
2
or
3
‘‘(2) to affect or modify any treaty or other
4
right of any Tribal government.’’.
5
(h) USE OF FUNDS.—Section 118 of such Act (33
6
U.S.C. 4218) is amended—
7
(1) in subsection (a)—
8
(A) in paragraph (2), by striking ‘‘and
9
State and local government agencies’’ and in-
10
serting ‘‘, State and local government agencies,
11
regional organizations, Indian Tribes, and Trib-
12
al organizations’’; and
13
(B) in paragraph (3)—
14
(i) in the paragraph heading, by strik-
15
ing ‘‘PROHIBITION’’ and inserting ‘‘LIMI-
16
TATION’’; and
17
(ii) by striking subparagraph (B) and
18
inserting the following:
19
‘‘(B) SALARIES.—The Foundation may use
20
Federal funds described in subparagraph (A) to
21
pay for salaries only during the 24-month pe-
22
riod beginning on the date of the enactment of
23
the Save Our Seas 2.0 Amendments Act. The
24
Secretary shall not require reimbursement from
25
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† S 318 ES
the Foundation for any such Federal funds
1
used to pay for such salaries.’’; and
2
(2) in subsection (b)(2), by striking ‘‘and State
3
and local government agencies’’ and inserting ‘‘,
4
State and local government agencies, United States
5
and international nongovernmental organizations, re-
6
gional organizations, and foreign government enti-
7
ties’’.
8
SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM
9
OF THE NATIONAL OCEANIC AND ATMOS-
10
PHERIC ADMINISTRATION.
11
Section 3(d) of the Marine Debris Act (33 U.S.C.
12
1952(d)) is amended—
13
(1) in the subsection heading, by striking ‘‘AND
14
CONTRACTS’’ and inserting ‘‘CONTRACTS,
AND
15
OTHER AGREEMENTS’’;
16
(2) in paragraph (1), by striking ‘‘and con-
17
tracts’’ and inserting ‘‘, contracts, and other agree-
18
ments’’;
19
(3) in paragraph (2)—
20
(A) in subparagraph (B)—
21
(i) by striking ‘‘part of the’’ and in-
22
serting ‘‘part of a’’; and
23
(ii) by inserting ‘‘or (C)’’ after ‘‘sub-
24
paragraph (A)’’; and
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† S 318 ES
(B) in subparagraph (C), in the matter
1
preceding clause (i), by inserting ‘‘and except as
2
provided in subparagraph (B)’’ after ‘‘subpara-
3
graph (A)’’; and
4
(4) by adding at the end the following:
5
‘‘(7) IN-KIND
CONTRIBUTIONS.—With respect
6
to any project carried out pursuant to a contract or
7
other agreement entered into under paragraph (1)
8
that is not a cooperative agreement or an agreement
9
to provide financial assistance in the form of a
10
grant, the Administrator may contribute on an in-
11
kind basis the portion of the costs of the project that
12
the Administrator determines represents the amount
13
of benefit the National Oceanic and Atmospheric
14
Administration derives from the project.’’.
15
Passed the Senate December 13, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 318
AN ACT
To amend the Save Our Seas 2.0 Act to improve
the administration of the Marine Debris Founda-
tion, to amend the Marine Debris Act to improve
the administration of the Marine Debris Program
of the National Oceanic and Atmospheric Admin-
istration, and for other purposes.