118 S318 RS: Save Our Seas 2.0 Amendments Act U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 262118th CONGRESS1st SessionS. 318IN THE SENATE OF THE UNITED STATESFebruary 9, 2023Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationDecember 5, 2023Reported by Ms. Cantwell, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.

1.

Short title

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

2.

Modifications to the Marine Debris Foundation

(a)

Definition of Tribal organization

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 (12); and (3)by inserting after paragraph (10) the following: (11)

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)

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..(d)

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.(e)

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..(f)

Best practices

Section 113 of such Act (33 U.S.C. 4213), as 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.(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..(g)

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, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities; and(B)in paragraph (3)—(i)in the paragraph heading, by striking Prohibition and inserting Limitation;(ii)in subparagraph (A)—(I)by striking Except as provided in subparagraph (B), no and inserting Not more than 12 percent of; and (II)by striking for administrative and inserting to offset the administrative; and(iii)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.

3.

Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration

(a)

Grants, cooperative agreements, contracts, and other agreements

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..(b)

Receipt and expenditure of funds; use of resources

Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end the following:(e)

Receipt and expenditure of funds

In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by—(1)any department, agency, or instrumentality of the United States;(2)any State or local government (or any political subdivision thereof);(3)any Indian tribe;(4)any foreign government or international organization;(5)any public or private organization; or(6)any individual.(f)

Use of resources

In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may use, with consent, with reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of—(1)any department, agency, or instrumentality of the United States;(2)any State or local government (or any political subdivision thereof);(3)any Indian tribe;(4)any foreign government or international organization;(5)any public or private organization; or(6)any individual..(c)

Definition of Indian tribe

Section 7 of such Act (33 U.S.C. 1956) is amended—(1)by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2)by inserting after paragraph (1) the following: (2)

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)..

1.

Short title

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

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.

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..

December 5, 2023Reported with an amendment