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H.R. 886 — what changed

Save Our Seas 2.0 Amendments Act

From Reported in House to Engrossed in House. 4 sections amended and 1 added between Reported in House and Engrossed in House.

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 by inserting before section 3 the following:

changed “A NOAA and And Coast Guard Programs”

(b)
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:

changed “(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 Under Secretary may contribute on an in-kind basis the portion of the costs of the project that the Administrator Under Secretary determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.”

(c)
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:

changed “(e) Receipt and expenditure of funds—In order to accomplish the purpose set forth in section 2, the Administrator, 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.

changed “(f) Use of resources—In order to accomplish the purpose set forth in section 2, the Administrator, 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

(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 6 of the Marine Debris Act (P.L. 109-449).
(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)
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)
changed in paragraph by redesignating paragraphs (1) in the matter preceding subparagraph (A)—through (5) as paragraphs (2) through (6) respectively;
(B)
added by inserting before paragraph (2), as redesignated, the following:

added “(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)
added in paragraph (2), as redesignated, in the matter preceding subparagraph (A)—
(i)
renumbered was (4)(2)(3)(2) by striking “and considering” and inserting “considering”; and
(ii)
renumbered was (4)(2)(3)(3) by inserting “and with the approval of the Secretary of Commerce,” after “by the Board,”;
(D)
added in paragraph (4)(A), as redesignated, by inserting “with the approval of the Secretary of Commerce” after “the Board”;
(E)
added by amending paragraph (3), as redesignated, to read as follows:

added “(3) Terms—Any Director appointed under paragraph (2) shall be appointed for a term of 6 years.”

(F)
added in paragraph (6), as redesignated—
(B)
removed in paragraph (3)(A) by inserting “with the approval of the Secretary of Commerce” after “the Board”;
(C)
removed in paragraph (5)—
(i)
renumbered was (4)(2)(5)(2) by inserting “the Administrator of the United States Agency for International Development,” after “Service,”; and
(ii)
added by inserting “and with the approval of the Secretary of Commerce” after “EPA Administrator”.
(ii)
removed by inserting “and with the approval of the Secretary of Commerce” after “EPA Administrator”;
(D)
removed by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
(E)
removed by inserting after paragraph (1) the following:

removed “(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 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

changed “(1) Appointment; removal; review—The Board shall appoint and may remove 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.”

(d)
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”.
(e)
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:

changed “(g) Principal office—The Board may shall locate the principal office of the Foundation outside in the District of Columbia and National Capital Region, as such term is encouraged to locate that office defined in section 2674(f)(2) of title 10, United States Code, or a coastal shoreline community.”

(f)
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.”

(g)
Use of funds— Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
(1)
in subsection (a)—
(A)
changed in paragraph (1) by striking “2024” and inserting “2025”;“2025” and
(B)
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
(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, Indian Tribes, Tribal organizations, and foreign government entities”.
(h)
removed Technical amendment— Section 11328(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117–263) is amended by striking “Maritime” and inserting “Marine”.
(i)
renumbered was (10) 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

(a)
changed Save Our Seas our seas 2.0 Act—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)
changed Marine Debris Act—debris act— The Marine Debris Act (Public Law 109–449) is amended—
(1)
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
(2)
by inserting before section 131, as so transferred and redesignated, the following:

changed “C “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)
changed by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (6), (7), (8), (12), (13), and (14), respectively;striking paragraph (1);
(2)
added by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (5), (6), (7), (11), (12), and (13), respectively;
(3)
renumbered was (2)(4) by inserting after paragraph (1) the following:

removed “(2) 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).

removed “(3) 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.

removed “(4) 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).

removed “(5) Indian Tribe—The term “Indian Tribe” has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).”

(3)
removed by inserting after paragraph (9), as so redesignated, the following:

changed “(10) Nonprofit organization—The “(1) Circular economy—The term “nonprofit organization” “circular economy” has the meaning given such term in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224).

changed “(11) Post consumer materials management—The “(2) Coastal shoreline community—The term “post-consumer materials management” has “coastal shoreline community” means a city or county directly adjacent to the meaning given such term in section 2 of open ocean, major estuaries, or the Save Our Seas 2.0 Act (Public Law 116–224).”Great Lakes.

added “(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).

added “(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)
changed by inserting after paragraph (14), (8), as so redesignated, the following:

changed “(15) Tribal “(9) Nonprofit organization—The term “Tribal “nonprofit organization” has the meaning given the such term in section 4 2 of the Indian Self-Determination and Education Assistance Save Our Seas 2.0 Act (25 U.S.C. 5304).(Public Law 116–224).

changed “(16) Under Secretary—The “(10) Post consumer materials management—The term “Under Secretary” “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)
changed in by inserting after paragraph (14), (13), as so redesignated—redesignated, the following:

added “(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).

added “(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).”

(6)
added in paragraph (13), as so redesignated—
(A)
renumbered was (2)(7)(2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and
(B)
renumbered was (2)(7)(3) by inserting after subparagraph (A) the following:

“(B) Indian Tribe;”

(b)
Transfer—
(1)
changed 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 (9).(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)
changed Non-Federal Non-federal funds— Paragraph (9)(D) (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

added
(a)
added 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”.
(b)
added Section 5— In section 5 of the Marine Debris Act strike—
(1)
added “Administrator of the National Oceanic and Atmospheric Administration” and insert “Under Secretary”; and
(2)
added “Administrator of the Environmental Protection Agency” and insert “EPA Administrator” .
(c)
added Section 123— In section 123, as transferred and so redesignated by this Act, strike “title I” and insert “subtitle B”.
(d)
added 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))”.
(e)
added 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”.