[Congressional Record Volume 169, Number 205 (Wednesday, December 13, 2023)]
[Senate]
[Pages S5967-S5968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SAVE OUR SEAS 2.0 AMENDMENTS ACT

  The Senate proceeded to consider the bill (S. 318) 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, which had been 
reported from the Committee on Commerce, Science, and Transportation 
with an amendment to strike all after the enacting clause and insert in 
lieu thereof 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) 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'';

[[Page S5968]]

       (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.''.

  The committee-reported amendment, in the nature of a substitute was 
agreed to.
  The bill (S. 318), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________