[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Page S10094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6626. Mr. SCHUMER (for Mr. Sullivan) proposed an amendment to the
bill S. 4321, 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; as follows:
Strike all after the enacting clause and insert the
following:
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) 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) 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 of the Board''; and
(B) in paragraph (2)(B)(i), by striking ``chief operating
officer'' and inserting ``chief executive officer''.
(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 Board.
``(2) Powers.--The chief executive officer of the Board may
appoint, remove, and review the performance of any officer or
employee of the Foundation.''.
(c) 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''.
(d) 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.''.
(e) Best Practices.--Section 113 of such Act (33 U.S.C.
4213), as amended by subsection (d), is further amended by
adding at the end the following:
``(h) Best Practices.--
``(1) Tribal government.--In this paragraph, 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 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).
``(2) Best practices.--The Foundation shall develop and
implement best practices for conducting outreach to Tribal
governments and Indian Tribes.
``(3) Requirements.--The best practices developed under
paragraph (2) 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.''.
(f) 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, and
foreign government entities''; 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
this 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.
(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 the Marine Debris 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, only to the
extent provided in advance in appropriations Acts, receive
and expend funds made available by--
``(1) any department, agency, or instrumentality of the
United States;
``(2) any State, local, or tribal government (or any
political subdivision thereof);
``(3) any foreign government or international organization;
``(4) any public or private organization; or
``(5) 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, local, or tribal government (or any
political subdivision thereof);
``(3) any foreign government or international organization;
``(4) any public or private organization; or
``(5) any individual.''.
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