[Congressional Record Volume 170, Number 190 (Friday, December 20, 2024)]
[Senate]
[Pages S7315-S7316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAVE OUR SEAS 2.0 AMENDMENTS ACTS
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 5649, which is at the
desk.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 5649) to amend the Marine Debris Act to improve
the administration of the Marine Debris Program of the
National Oceanic and Atmospheric Administration, to improve
the administration of the Marine Debris Foundation, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. SCHUMER. I ask unanimous consent that the bill 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 bill (S. 5649) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 5649
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 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 Under Secretary may contribute on an in-kind
basis the portion of the costs of the project that the Under
Secretary determines represents the amount of benefit the
National Oceanic and Atmospheric Administration derives from
the project.''.
SEC. 3. 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) Purposes.--Section 111(b)(3) of the Save Our Seas 2.0
Act (33 U.S.C. 4211(b)(3)) is amended by inserting ``Indian
Tribes,'' after ``Tribal governments,''.
(c) Board of Directors.--
(1) Appointment, vacancies, and removal.--Section 112(b) of
the Save Our Seas 2.0 Act (33 U.S.C. 4212(b)) is amended--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) the following:
``(1) Recommendations of board regarding appointments.--For
appointments made under paragraph (2), the Board shall submit
to the Under Secretary recommendations on candidates for
appointment.'';
(C) in paragraph (2), as redesignated by subparagraph (A),
in the matter preceding subparagraph (A)--
(i) by striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(ii) by striking ``and considering'' and inserting
``considering''; and
(iii) by inserting ``under paragraph (1), and with the
approval of the Secretary of Commerce'' after ``by the
Board'';
(D) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Terms.--Any Director appointed under paragraph (2)
shall be appointed for a term of 6 years.'';
(E) in subparagraph (A) of paragraph (4), as so
redesignated, by inserting ``with the approval of the
Secretary of Commerce'' after ``the Board''; and
(F) in paragraph (6), as so redesignated--
(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''.
(2) General powers.--Section 112(g) of the Save Our Seas
2.0 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 the Save Our
Seas 2.0 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 review the performance of, and may remove, 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 the Save
Our Seas 2.0 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 the Save Our Seas 2.0
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 in the National Capital Region, as
such term is defined in section 2674(f)(2) of title 10,
United States Code, or a coastal shoreline community.''.
(f) Best Practices; Rule of Construction.--Section 113 of
the Save Our Seas 2.0 Act (33 U.S.C. 4213), as amended by
subsection (e), is further amended by adding at the end the
following:
``(h) Best Practices for Outreach to Indian Tribes.--
``(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.
``(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.''.
(g) Use of Funds.--Section 118(a)(2) of the Save Our Seas
2.0 Act (33 U.S.C. 4218(a)(2)) is amended 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''.
SEC. 4. ORGANIZATION OF MARINE DEBRIS ACT.
(a) In General.--The Marine Debris Act (33 U.S.C. 1951 et
seq.) is amended--
(1) by inserting before section 3 the following:
``Subtitle A--National Oceanic and Atmospheric Administration and Coast
Guard Programs'';
(2) by redesignating sections 3 through 6 as sections 101
through 104, respectively;
(3) by redesignating sections 7 through 10 as sections 131
through 134, respectively; and
(4) by inserting before section 131, as redesignated by
paragraph (3), the following:
[[Page S7316]]
``Subtitle D--Administration''.
(b) Marine Debris Foundation.--Subtitle B of title I of the
Save Our Seas 2.0 Act (33 U.S.C. 4211 et seq.) is--
(1) transferred to the Marine Debris Act; and
(2) inserted after section 104 of the Marine Debris Act, as
redesignated by subsection (a)(2).
(c) Genius Prize for Save Our Seas Innovations.--Subtitle C
of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4231 et
seq.) is--
(1) transferred to the Marine Debris Act; and
(2) inserted after section 119 of the Marine Debris Act, as
transferred and inserted by subsection (b).
SEC. 5. DEFINITIONS.
Section 131 of the Marine Debris Act, as redesignated by
section 4(a)(3), is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
and (7) as paragraphs (4), (5), (6), (10), (11), and (12),
respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) Circular economy.--The term `circular economy' has
the meaning given such term in section 2 of the Save Our Seas
2.0 Act (Public Law 116-224; 33 U.S.C. 4201 note).
``(2) Coastal shoreline community.--The term `coastal
shoreline community' means a city or county directly adjacent
to the open ocean, a major estuary, or one of the Great
Lakes.
``(3) EPA administrator.--The term `EPA Administrator'
means the Administrator of the Environmental Protection
Agency.'';
(3) by inserting after paragraph (6), as redesignated by
paragraph (1), the following:
``(7) Non-federal funds.--The term `non-Federal funds'
means funds provided by--
``(A) a State;
``(B) an Indian Tribe;
``(C) a territory of the United States;
``(D) one or more units of local governments or Tribal
organizations;
``(E) a foreign government;
``(F) a private for-profit entity;
``(G) a nonprofit organization; or
``(H) a private individual.
``(8) Nonprofit.--The term `nonprofit', with respect to a
corporation or other organization, means the corporation or
other organization is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
``(9) Post-consumer materials management.--The term `post-
consumer materials management' has the meaning given such
term in section 2 of the Save Our Seas 2.0 Act (Public Law
116-224; 33 U.S.C. 4201 note).'';
(4) in paragraph (12), as so redesignated--
(A) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Indian Tribe;''; and
(5) by adding after paragraph (12), as so redesignated, the
following:
``(13) 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).
``(14) 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).
``(15) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Marine Debris Act.--The Marine Debris Act (33 U.S.C.
1951 et seq.), as amended by this Act, is further amended--
(1) in section 103, as redesignated by section 4(a)(2)--
(A) in subsection (d), in the matter preceding paragraph
(1)--
(i) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under
Secretary''; and
(ii) by striking ``Administrator of the Environmental
Protection Agency'' and insert ``EPA Administrator''; and
(B) in subsection (e)(3), by striking ``section 3'' and
inserting ``section 101'';
(2) in subsection (b)(4) of section 111, as transferred by
section 4(b), by striking ``title III'' and inserting
``subtitle C'';
(3) in subsection (a) of section 123, as transferred by
section 4(c), by striking ``title I'' and inserting
``subtitle B'';
(4) in section 134, as redesignated by section 4(a)(3), by
striking ``Administrator of the Environmental Protection
Agency'' and inserting ``EPA Administrator''; and
(5) by striking ``Administrator'' each place it appears
(other than in section 103(d)), 131, or 134, as redesignated
by section 4(a)) and inserting ``Under Secretary''.
(b) Save Our Seas 2.0 Act.--Section 2 of the Save Our Seas
2.0 Act (Public Law 116-224; 33 U.S.C. 4201 note) is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively.
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