[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4321 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 4321
_______________________________________________________________________
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.
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) 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 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.''.
Passed the Senate December 22, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 4321
_______________________________________________________________________
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.