[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10100-S10102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SAVE OUR SEAS 2.0 AMENDMENTS ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 663, S. 4321.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendment, as follows:
  (The parts of the bill intended to be inserted are shown in italics.)

                                S. 4321

       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) 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) Appointments 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), by inserting ``and such other criteria as the Under 
     Secretary may establish'' after ``subsection (a)'';
       (B) in paragraph (5), by inserting ``the Administrator of 
     the United States Agency for International Development,'' 
     after ``Service,'';
       (C) by redesignating subparagraphs (2) through (5) as 
     subparagraphs (3) through (6), respectively; and
       (D) 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) 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:

[[Page S10101]]

       ``(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 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, 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.''.

     SEC. 4. BEST PRACTICES.

       Section 113 of the Save Our Seas 2.0 Act (33 U.S.C. 4213) 
     (as amended by section 2(d)) is 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.''.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
amendment be withdrawn; that the Sullivan substitute amendment at the 
desk be considered and agreed to; the bill, as amended, be considered 
read a third time and passed and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was withdrawn.
  The amendment (No. 6626), in the nature of a substitute was agreed to 
as follows:

                (Purpose: In the nature of a substitute)

        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

[[Page S10102]]

     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.''.

  The bill (S. 4321), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________