Section 1 Short title
This Act may be cited as the “Save Our Seas 2.0 Amendments Act”.
Save Our Seas 2.0 Amendments Act
AN ACT
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.
Sec. 2 Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration
In general— The Marine Debris Act (Public Law 109–449) is amended by inserting before section 3 the following:
“A NOAA And Coast Guard Programs”
Grants, cooperative agreements, contracts, and other agreements— Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended—
in the subsection heading by striking “and contracts” and inserting “contracts, and other agreements”;
in paragraph (1) by striking “and contracts” and inserting “, contracts, and other agreements”;
in paragraph (2)—
in subparagraph (B)—
by striking “part of the” and inserting “part of a”; and
by inserting “or (C)” after “subparagraph (A)”; and
in subparagraph (C) in the matter preceding clause (i) by inserting “and except as provided in subparagraph (B)” after “subparagraph (A)”; and
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.”
Receipt and expenditure of funds; use of resources— Section 3 of such 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 Under Secretary, 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 or local government (or any political subdivision thereof);
“(3) any Indian tribe;
“(4) any foreign government or international organization;
“(5) any public or private organization; or
“(6) any individual.
“(f) Use of resources—In order to accomplish the purpose set forth in section 2, the Under Secretary, 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 or local government (or any political subdivision thereof);
“(3) any Indian tribe;
“(4) any foreign government or international organization;
“(5) any public or private organization; or
“(6) any individual.”
Sec. 3 Modifications to the Marine Debris Foundation
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 6 of the Marine Debris Act (P.L. 109-449).
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”.
Board of directors—
Appointment, vacancies, and removal— Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
by redesignating paragraphs (1) through (5) as paragraphs (2) through (6) respectively;
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.”
in paragraph (2), as redesignated, in the matter preceding subparagraph (A)—
by striking “and considering” and inserting “considering”; and
by inserting “and with the approval of the Secretary of Commerce,” after “by the Board,”;
in paragraph (4)(A), as redesignated, by inserting “with the approval of the Secretary of Commerce” after “the Board”;
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.”
in paragraph (6), as redesignated—
by inserting “the Administrator of the United States Agency for International Development,” after “Service,”; and
by inserting “and with the approval of the Secretary of Commerce” after “EPA Administrator”.
General powers— Section 112(g) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
in paragraph (1)(A) by striking “officers and employees” and inserting “the initial officers and employees”; and
in paragraph (2)(B)(i) by striking “its chief operating officer” and inserting “the chief executive officer of the Foundation”.
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 may appoint, 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.”
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)—
by inserting “nonprofit” before “corporation”; and
by striking “acting as a trustee” and inserting “formed”.
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.”
Best practices— 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.
“(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.”
Use of funds— Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
in subsection (a)—
in paragraph (1) by striking “2024” and inserting “2025” and
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, Indian Tribes, Tribal organizations, and foreign government entities”; and
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, Indian Tribes, Tribal organizations, and foreign government entities”.
Authorization— Section 9(a) of the Marine Debris Act (33 U.S.C. 1958) is amended by striking “fiscal year 2023” and inserting “each of fiscal years 2024 and 2025”.
Sec. 4 Transfers
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.
by transferring sections 7, 8, and 9 to appear after section 127, as transferred by this Act, and redesignated as sections 131, 132, and 133, respectively; and
by inserting before section 131, as so transferred and redesignated, the following:
“D Administration”
Sec. 5 Definitions
In general— Section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended—
by striking paragraph (1);
by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively;
by inserting after paragraph (1) 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).”
by inserting after paragraph (8), 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).”
by inserting after paragraph (13), as so redesignated, the following:
“(14) 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).
“(15) 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).”
in paragraph (13), as so redesignated—
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and
by inserting after subparagraph (A) the following:
“(B) Indian Tribe;”
Transfer—
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 (8) (as redesignated), and redesignated as paragraph (8).
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.
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
In general— In sections 1, 2, 3, 4, 6 of the Marine Debris Act, and section 133 of the Marine Debris Act as transferred and so redesignated by this Act, strike “Administrator” and insert “Under Secretary”.
Section 5— In section 5 of the Marine Debris Act strike—
“Administrator of the National Oceanic and Atmospheric Administration” and insert “Under Secretary”; and
“Administrator of the Environmental Protection Agency” and insert “EPA Administrator” .
Section 123— In section 123, as transferred and so redesignated by this Act, strike “title I” and insert “subtitle B”.
Section 131— 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))”.
Section 134— Section 134 of the Marine Debris Act, as transferred and so redesignated by this Act, strike “Administrator of the Environmental Protection Agency” and insert “EPA Administrator”.