Reported in Senate — S. 216

Calendar No. 40

119th CONGRESS

1st Session

S. 216

[Report No. 119–12]

IN THE SENATE OF THE UNITED STATES

January 23, 2025

Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

April 8, 2025

Reported by Mr. Cruz, without amendment

A BILL

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.

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

(a) In general

The Marine Debris Act (Public Law 109–449) is amended—

(1)

by inserting before section 3 the following:

A NOAA And Coast Guard Programs

; and

(2)

by redesignating sections 3 through 6 as sections 101 through 104, respectively.

(b) Grants, cooperative agreements, contracts, and other agreements

Section 101(d) of the Marine Debris Act (33 U.S.C. 1952(d)), as redesignated by this Act, 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) In general

Subtitle B of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 104 of the Marine Debris Act (Public Law 109–449), as redesignated by this Act.

(b) Status of foundation

Section 111(a) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended, in the second sentence, by striking organization and inserting corporation.

(c) Purposes

Section 111(b) of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended—

(1)

in paragraph (3) by inserting Indian Tribes, after Tribal governments,; and

(2)

in paragraph (4) by striking title II and inserting subtitle C.

(d) Board of directors

(1) Appointment, vacancies, and removal

Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—

(A)

by redesignating paragraphs (1) through (5) as paragraphs (2) through (6) respectively;

(B)

by inserting before paragraph (2), as redesignated, 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, in the matter preceding subparagraph (A)—

(i)

by striking and considering and inserting considering; and

(ii)

by inserting and with the approval of the Secretary of Commerce, after by the Board,;

(D)

by amending paragraph (3), as redesignated, to read as follows:

(3) Terms
Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.;

(E)

in paragraph (4)(A), as redesignated, by inserting with the approval of the Secretary of Commerce after the Board; and

(F)

in paragraph (6), as 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 Marine Debris Act (Public Law 109–449), as transferred by this Act, 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 Marine Debris Act (Public Law 109–449), as transferred by this Act, 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.

(e) Powers of foundation

Section 113(c)(1) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, 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 the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended by adding at the end the following:

(g) Principal office
The Board shall 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.

(g) Best practices; rule of construction

Section 113 of the Marine Debris Act (Public Law 109–449), as transferred by this Act and 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 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) Authorization of appropriations

Section 118(a) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—

(1)

in paragraph (1), by inserting and $2,000,000 for fiscal year 2025 after through 2024; and

(2)

in paragraph (2), by striking and State and local government agencies and inserting , State and local government agencies, regional organizations, Indian Tribes, Tribal organizations, and foreign governments.

(i) Reauthorization

Section 9(a) of the Marine Debris Act (Public Law 109–449) is amended by striking for the first place it appears and all that follows through carrying out and inserting for each of fiscal years 2018 through 2029 for carrying out.

Sec. 4. Transfers

(a) Save our seas 2.0 act

Subtitle C of title I of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to appear after section 119 of the Marine Debris Act (Public Law 109–449) as transferred and redesignated by this Act.

(b) Marine debris act

The Marine Debris Act (Public Law 109–449) is amended—

(1)

by transferring sections 7, 8, 9 (as amended), and 10 to appear after section 127, as transferred by this Act, and redesignated as sections 131, 132, 133, and 134, respectively; and

(2)

by inserting before section 131, as so transferred and redesignated, the following:

D Administration

Sec. 5. Definitions

(a) In general

Section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended—

(1)

by striking paragraph (1);

(2)

by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively;

(3)

by inserting before paragraph (5), as so redesignated, 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).
(2) Coastal shoreline community
The term coastal shoreline community means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes.
(3) EPA administrator
The term EPA Administrator has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).
(4) 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).;

(4)

by inserting before paragraph (11), as so redesignated, the following:

(9) Nonprofit organization
The term nonprofit organization has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).
(10) 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).;

(5)

by inserting after paragraph (13), as so redesignated, the following:

(14) 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).
(15) Tribal organization
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(16) Under secretary
The term Under Secretary has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).; and

(6)

in paragraph (13), as so redesignated—

(A)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and

(B)

by inserting after subparagraph (A) the following:

(B)
Indian Tribe;

(b) Transfer

(1) In general

Section 2(7) of the Save Our Seas 2.0 Act (Public Law 116–224) is transferred to section 131 of the Marine Debris Act (Public Law 109–449), inserted after paragraph (7) (as redesignated), and redesignated as paragraph (8).

(2) Redesignation

Section 2 of the Save Our Seas 2.0 Act (Public Law 116–224) is amended by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively.

(c) Non-Federal funds

Paragraph (8)(D) of section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended by striking (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

Sec. 6. Conforming amendments

(a) In general

Sections 1 and 2 of the Marine Debris Act, sections 101, 102, and 104 of the Marine Debris Act, as redesignated by this Act, and section 133 of the Marine Debris Act, as transferred and so redesignated by this Act, are amended by striking Administrator and inserting Under Secretary.

(b) Section 103

Section 103 of the Marine Debris Act is amended by—

(1)

striking Administrator of the National Oceanic and Atmospheric Administration and inserting Under Secretary;

(2)

striking Administrator of the Environmental Protection Agency and inserting EPA Administrator; and

(3)

in subsection (e)(3) by striking section 3 and inserting section 101.

(c) Section 123

Section 123 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking title I and inserting subtitle B.

(d) Section 133

Section 133 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking sections 3, 5, and 6 and inserting sections 101, 103, and 104.

(e) Section 134

Section 134 of the Marine Debris Act, as transferred and so redesignated by this Act, is amended by striking Administrator of the Environmental Protection Agency and inserting EPA Administrator.

(f) Tribal Government

Subtitle A of the Marine Debris Act, as designated in this Act, is amended by striking tribal government and inserting Tribal Government.