[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 318 Engrossed in Senate (ES)]

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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 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 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''.

SEC. 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.''.

            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 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.