II Calendar No. 40 119THCONGRESS 1 STSESSION S. 216 [Report No. 119–12] 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. IN THE SENATE OF THE UNITED STATES JANUARY23, 2025 Mr. S ULLIVAN(for himself and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A PRIL8, 2025 Reported by Mr. C RUZ, without amendment A BILL To amend the Save Our Seas 2.0 Act to improve the admin- istration 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 Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 216 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Save Our Seas 2.0 2 Amendments Act’’. 3 SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM 4 OF THE NATIONAL OCEANIC AND ATMOS-5 PHERIC ADMINISTRATION. 6 (a) I NGENERAL.—The Marine Debris Act (Public 7 Law 109–449) is amended— 8 (1) by inserting before section 3 the following: 9 ‘‘Subtitle A—NOAA And Coast 10 Guard Programs’’; and 11 (2) by redesignating sections 3 through 6 as 12 sections 101 through 104, respectively. 13 (b) G RANTS, COOPERATIVEAGREEMENTS, CON-14 TRACTS, ANDOTHERAGREEMENTS.—Section 101(d) of 15 the Marine Debris Act (33 U.S.C. 1952(d)), as redesig-16 nated by this Act, is amended— 17 (1) in the subsection heading by striking ‘‘AND 18 CONTRACTS’’ and inserting ‘‘CONTRACTS, AND 19 OTHER AGREEMENTS’’; 20 (2) in paragraph (1) by striking ‘‘and con-21 tracts’’ and inserting ‘‘, contracts, and other agree-22 ments’’; 23 (3) in paragraph (2)— 24 (A) in subparagraph (B)— 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 216 RS (i) by striking ‘‘part of the’’ and in-1 serting ‘‘part of a’’; and 2 (ii) by inserting ‘‘or (C)’’ after ‘‘sub-3 paragraph (A)’’; and 4 (B) in subparagraph (C) in the matter pre-5 ceding clause (i) by inserting ‘‘and except as 6 provided in subparagraph (B)’’ after ‘‘subpara-7 graph (A)’’; and 8 (4) by adding at the end the following: 9 ‘‘(7) I N-KIND CONTRIBUTIONS .—With respect 10 to any project carried out pursuant to a contract or 11 other agreement entered into under paragraph (1) 12 that is not a cooperative agreement or an agreement 13 to provide financial assistance in the form of a 14 grant, the Under Secretary may contribute on an in- 15 kind basis the portion of the costs of the project that 16 the Under Secretary determines represents the 17 amount of benefit the National Oceanic and Atmos-18 pheric Administration derives from the project.’’. 19 SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS FOUNDA-20 TION. 21 (a) I NGENERAL.—Subtitle B of title I of the Save 22 Our Seas 2.0 Act (Public Law 116–224) is transferred 23 to appear after section 104 of the Marine Debris Act 24 (Public Law 109–449), as redesignated by this Act. 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 216 RS (b) STATUS OFFOUNDATION.—Section 111(a) of the 1 Marine Debris Act (Public Law 109–449), as transferred 2 by this Act, is amended, in the second sentence, by strik-3 ing ‘‘organization’’ and inserting ‘‘corporation’’. 4 (c) P URPOSES.—Section 111(b) of the Marine Debris 5 Act (Public Law 109–449), as transferred and redesig-6 nated by this Act, is amended— 7 (1) in paragraph (3) by inserting ‘‘Indian 8 Tribes,’’ after ‘‘Tribal governments,’’; and 9 (2) in paragraph (4) by striking ‘‘title II’’ and 10 inserting ‘‘subtitle C’’. 11 (d) B OARD OFDIRECTORS.— 12 (1) A PPOINTMENT, VACANCIES, AND RE-13 MOVAL.—Section 112(b) of the Marine Debris Act 14 (Public Law 109–449), as transferred by this Act, 15 is amended— 16 (A) by redesignating paragraphs (1) 17 through (5) as paragraphs (2) through (6) re-18 spectively; 19 (B) by inserting before paragraph (2), as 20 redesignated, the following: 21 ‘‘(1) R ECOMMENDATIONS OF BOARD REGARD -22 ING APPOINTMENTS .—For appointments made 23 under paragraph (2), the Board shall submit to the 24 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 216 RS Under Secretary recommendations on candidates for 1 appointment.’’; 2 (C) in paragraph (2), as redesignated, in 3 the matter preceding subparagraph (A)— 4 (i) by striking ‘‘and considering’’ and 5 inserting ‘‘considering’’; and 6 (ii) by inserting ‘‘and with the ap-7 proval of the Secretary of Commerce,’’ 8 after ‘‘by the Board,’’; 9 (D) by amending paragraph (3), as redes-10 ignated, to read as follows: 11 ‘‘(3) T ERMS.—Any Director appointed under 12 paragraph (2) shall be appointed for a term of 6 13 years.’’; 14 (E) in paragraph (4)(A), as redesignated, 15 by inserting ‘‘with the approval of the Secretary 16 of Commerce’’ after ‘‘the Board’’; and 17 (F) in paragraph (6), as redesignated— 18 (i) by inserting ‘‘the Administrator of 19 the United States Agency for International 20 Development,’’ after ‘‘Service,’’; and 21 (ii) by inserting ‘‘and with the ap-22 proval of the Secretary of Commerce’’ after 23 ‘‘EPA Administrator’’. 24 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 216 RS (2) GENERAL POWERS.—Section 112(g) of the 1 Marine Debris Act (Public Law 109–449), as trans-2 ferred by this Act, is amended— 3 (A) in paragraph (1)(A) by striking ‘‘offi-4 cers and employees’’ and inserting ‘‘the initial 5 officers and employees’’; and 6 (B) in paragraph (2)(B)(i) by striking ‘‘its 7 chief operating officer’’ and inserting ‘‘the chief 8 executive officer of the Foundation’’. 9 (3) C HIEF EXECUTIVE OFFICER .—Section 112 10 of the Marine Debris Act (Public Law 109–449), as 11 transferred by this Act, is amended by adding at the 12 end the following: 13 ‘‘(h) C HIEFEXECUTIVEOFFICER.— 14 ‘‘(1) A PPOINTMENT; REMOVAL; REVIEW.—The 15 Board shall appoint and review the performance of, 16 and may remove, the chief executive officer of the 17 Foundation. 18 ‘‘(2) P OWERS.—The chief executive officer of 19 the Foundation may appoint, remove, and review the 20 performance of any officer or employee of the Foun-21 dation.’’. 22 (e) P OWERS OFFOUNDATION.—Section 113(c)(1) of 23 the Marine Debris Act (Public Law 109–449), as trans-24 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 216 RS ferred by this Act, is amended in the matter preceding 1 subparagraph (A)— 2 (1) by inserting ‘‘nonprofit’’ before ‘‘corpora-3 tion’’; and 4 (2) by striking ‘‘acting as a trustee’’ and insert-5 ing ‘‘formed’’. 6 (f) P RINCIPALOFFICE.—Section 113 of the Marine 7 Debris Act (Public Law 109–449), as transferred by this 8 Act, is amended by adding at the end the following: 9 ‘‘(g) P RINCIPALOFFICE.—The Board shall locate the 10 principal office of the Foundation in the National Capital 11 Region, as such term is defined in section 2674(f)(2) of 12 title 10, United States Code, or a coastal shoreline com-13 munity.’’. 14 (g) B ESTPRACTICES; RULE OFCONSTRUCTION.— 15 Section 113 of the Marine Debris Act (Public Law 109– 16 449), as transferred by this Act and amended by sub-17 section (e), is further amended by adding at the end the 18 following: 19 ‘‘(h) B ESTPRACTICES.— 20 ‘‘(1) I N GENERAL.—The Foundation shall de-21 velop and implement best practices for conducting 22 outreach to Indian Tribes and Tribal Governments. 23 ‘‘(2) R EQUIREMENTS.—The best practices de-24 veloped under paragraph (1) shall— 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 216 RS ‘‘(A) include a process to support technical 1 assistance and capacity building to improve out-2 comes; and 3 ‘‘(B) promote an awareness of programs 4 and grants available under this Act. 5 ‘‘(i) R ULE OFCONSTRUCTION.—Nothing in this Act 6 may be construed— 7 ‘‘(1) to satisfy any requirement for government- 8 to-government consultation with Tribal Govern-9 ments; or 10 ‘‘(2) to affect or modify any treaty or other 11 right of any Tribal Government.’’. 12 (h) A UTHORIZATION OF APPROPRIATIONS.—Section 13 118(a) of the Marine Debris Act (Public Law 109–449), 14 as transferred by this Act, is amended— 15 (1) in paragraph (1), by inserting ‘‘and 16 $2,000,000 for fiscal year 2025’’ after ‘‘through 17 2024’’; and 18 (2) in paragraph (2), by striking ‘‘and State 19 and local government agencies’’ and inserting ‘‘, 20 State and local government agencies, regional orga-21 nizations, Indian Tribes, Tribal organizations, and 22 foreign governments’’. 23 (i) R EAUTHORIZATION.—Section 9(a) of the Marine 24 Debris Act (Public Law 109–449) is amended by striking 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 216 RS ‘‘for’’ the first place it appears and all that follows through 1 ‘‘carrying out’’ and inserting ‘‘for each of fiscal years 2 2018 through 2029 for carrying out’’. 3 SEC. 4. TRANSFERS. 4 (a) S AVEOURSEAS2.0 ACT.—Subtitle C of title I 5 of the Save Our Seas 2.0 Act (Public Law 116–224) is 6 transferred to appear after section 119 of the Marine De-7 bris Act (Public Law 109–449) as transferred and redes-8 ignated by this Act. 9 (b) M ARINEDEBRISACT.—The Marine Debris Act 10 (Public Law 109–449) is amended— 11 (1) by transferring sections 7, 8, 9 (as amend-12 ed), and 10 to appear after section 127, as trans-13 ferred by this Act, and redesignated as sections 131, 14 132, 133, and 134, respectively; and 15 (2) by inserting before section 131, as so trans-16 ferred and redesignated, the following: 17 ‘‘Subtitle D—Administration’’. 18 SEC. 5. DEFINITIONS. 19 (a) I NGENERAL.—Section 131 of the Marine Debris 20 Act (Public Law 109–449), as transferred and redesig-21 nated by this Act, is amended— 22 (1) by striking paragraph (1); 23 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 10 •S 216 RS (2) by redesignating paragraphs (2), (3), (4), 1 (5), (6), and (7) as paragraphs (5), (6), (7), (11), 2 (12), and (13), respectively; 3 (3) by inserting before paragraph (5), as so re-4 designated, the following: 5 ‘‘(1) C IRCULAR ECONOMY .—The term ‘circular 6 economy’ has the meaning given such term in sec-7 tion 2 of the Save Our Seas 2.0 Act (Public Law 8 116–224). 9 ‘‘(2) C OASTAL SHORELINE COMMUNITY .—The 10 term ‘coastal shoreline community’ means a city or 11 county directly adjacent to the open ocean, major es-12 tuaries, or the Great Lakes. 13 ‘‘(3) EPA ADMINISTRATOR.—The term ‘EPA 14 Administrator’ has the meaning given such term in 15 section 2 of the Save Our Seas 2.0 Act (Public Law 16 116–224). 17 ‘‘(4) I NDIAN TRIBE.—The term ‘Indian Tribe’ 18 has the meaning given that term in section 4 of the 19 Indian Self-Determination and Education Assistance 20 Act (25 U.S.C. 5304).’’; 21 (4) by inserting before paragraph (11), as so 22 redesignated, the following: 23 ‘‘(9) N ONPROFIT ORGANIZATION .—The term 24 ‘nonprofit organization’ has the meaning given such 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 11 •S 216 RS term in section 2 of the Save Our Seas 2.0 Act 1 (Public Law 116–224). 2 ‘‘(10) P OST CONSUMER MATERIALS MANAGE -3 MENT.—The term ‘post-consumer materials manage-4 ment’ has the meaning given such term in section 2 5 of the Save Our Seas 2.0 Act (Public Law 116– 6 224).’’; 7 (5) by inserting after paragraph (13), as so re-8 designated, the following: 9 ‘‘(14) T RIBAL GOVERNMENT .—The term ‘Tribal 10 Government’ means the recognized governing body 11 of any Indian or Alaska Native Tribe, band, nation, 12 pueblo, village, community, component band, or com-13 ponent reservation, individually identified (including 14 parenthetically) in the list published most recently as 15 of the date of the enactment of the Save Our Seas 16 2.0 Amendments Act pursuant to section 104 of the 17 Federally Recognized Indian Tribe List Act of 1994 18 (25 U.S.C. 5131). 19 ‘‘(15) T RIBAL ORGANIZATION.—The term ‘Trib-20 al organization’ has the meaning given the term in 21 section 4 of the Indian Self-Determination and Edu-22 cation Assistance Act (25 U.S.C. 5304). 23 ‘‘(16) U NDER SECRETARY .—The term ‘Under 24 Secretary’ has the meaning given such term in sec-25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 12 •S 216 RS tion 2 of the Save Our Seas 2.0 Act (Public Law 1 116–224).’’; and 2 (6) in paragraph (13), as so redesignated— 3 (A) by redesignating subparagraphs (B), 4 (C), and (D) as subparagraphs (C), (D), and 5 (E); and 6 (B) by inserting after subparagraph (A) 7 the following: 8 ‘‘(B) Indian Tribe;’’. 9 (b) T RANSFER.— 10 (1) I N GENERAL.—Section 2(7) of the Save Our 11 Seas 2.0 Act (Public Law 116–224) is transferred to 12 section 131 of the Marine Debris Act (Public Law 13 109–449), inserted after paragraph (7) (as redesig-14 nated), and redesignated as paragraph (8). 15 (2) R EDESIGNATION.—Section 2 of the Save 16 Our Seas 2.0 Act (Public Law 116–224) is amended 17 by redesignating paragraphs (8) through (11) as 18 paragraphs (7) through (10), respectively. 19 (c) N ON-FEDERALFUNDS.—Paragraph (8)(D) of 20 section 131 of the Marine Debris Act (Public Law 109– 21 449), as transferred and redesignated by this Act, is 22 amended by striking ‘‘(as defined in section 4 of the In-23 dian Self-Determination and Education Assistance Act 24 (25 U.S.C. 5304))’’. 25 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 13 •S 216 RS SEC. 6. CONFORMING AMENDMENTS. 1 (a) I NGENERAL.—Sections 1 and 2 of the Marine 2 Debris Act, sections 101, 102, and 104 of the Marine De-3 bris Act, as redesignated by this Act, and section 133 of 4 the Marine Debris Act, as transferred and so redesignated 5 by this Act, are amended by striking ‘‘Administrator’’ and 6 inserting ‘‘Under Secretary’’. 7 (b) S ECTION103.—Section 103 of the Marine Debris 8 Act is amended by— 9 (1) striking ‘‘Administrator of the National 10 Oceanic and Atmospheric Administration’’ and in-11 serting ‘‘Under Secretary’’; 12 (2) striking ‘‘Administrator of the Environ-13 mental Protection Agency’’ and inserting ‘‘EPA Ad-14 ministrator’’; and 15 (3) in subsection (e)(3) by striking ‘‘section 3’’ 16 and inserting ‘‘section 101’’. 17 (c) S ECTION123.—Section 123 of the Marine Debris 18 Act, as transferred and so redesignated by this Act, is 19 amended by striking ‘‘title I’’ and inserting ‘‘subtitle B’’. 20 (d) S ECTION133.—Section 133 of the Marine Debris 21 Act, as transferred and so redesignated by this Act, is 22 amended by striking ‘‘sections 3, 5, and 6’’ and inserting 23 ‘‘sections 101, 103, and 104’’. 24 (e) S ECTION134.—Section 134 of the Marine Debris 25 Act, as transferred and so redesignated by this Act, is 26 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS 14 •S 216 RS amended by striking ‘‘Administrator of the Environmental 1 Protection Agency’’ and inserting ‘‘EPA Administrator’’. 2 (f) T RIBALGOVERNMENT.—Subtitle A of the Marine 3 Debris Act, as designated in this Act, is amended by strik-4 ing ‘‘tribal government’’ and inserting ‘‘Tribal Govern-5 ment’’. 6 VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS Calendar No. 40 119 TH CONGRESS 1 ST S ESSION S. 216 [Report No. 119–12] A BILL To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Founda- tion, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Admin- istration, and for other purposes. A PRIL 8, 2025 Reported without amendment VerDate Sep 11 2014 00:16 Apr 09, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6651 Sfmt 6651 E:\BILLS\S216.RS S216 ssavage on LAPJG3WLY3PROD with BILLS