[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Enrolled Bill (ENR)]
S.216
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty five
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 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:
``Subtitle 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:
``Subtitle 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.