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H.R. 886 — what changed

Save Our Seas 2.0 Amendments Act

From Introduced in House to Reported in House. 2 sections amended and 2 added between Introduced in House and Reported in House.

Sec. 2 Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration

(a)
changed Definition of tribal organization—In general— Section 2 of the Save Our Seas 2.0 The Marine Debris Act (33 U.S.C. 4201) (Public Law 109–449) is amended—amended by inserting before section 3 the following:

added “A NOAA and Coast Guard Programs”

(1)
removed in paragraph (7)(D), by striking “(as defined” and all that follows through “5304))”; and
(2)
removed by inserting after paragraph (10) the following:

removed “(10A) 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).”

(b)
changed Status of foundation—Grants, cooperative agreements, contracts, and other agreements— Section 111(a) 3(d) of such the Marine Debris Act (33 U.S.C. 4211(a)) 1952(d)) is amended, in the second sentence, by striking “organization” and inserting “corporation”.amended—
(1)
added in the subsection heading by striking “and contracts” and inserting “contracts, and other agreements”;
(2)
added in paragraph (1) by striking “and contracts” and inserting “, contracts, and other agreements”;
(3)
added in paragraph (2)—
(A)
added in subparagraph (B)—
(i)
added by striking “part of the” and inserting “part of a”; and
(ii)
added by inserting “or (C)” after “subparagraph (A)”; and
(B)
added in subparagraph (C) in the matter preceding clause (i) by inserting “and except as provided in subparagraph (B)” after “subparagraph (A)”; and
(4)
added by adding at the end the following:

added “(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.”

(c)
added 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:

added “(e) Receipt and expenditure of funds—In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by—

added “(1) any department, agency, or instrumentality of the United States;

added “(2) any State or local government (or any political subdivision thereof);

added “(3) any Indian tribe;

added “(4) any foreign government or international organization;

added “(5) any public or private organization; or

added “(6) any individual.

added “(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—

added “(1) any department, agency, or instrumentality of the United States;

added “(2) any State or local government (or any political subdivision thereof);

added “(3) any Indian tribe;

added “(4) any foreign government or international organization;

added “(5) any public or private organization; or

added “(6) any individual.”

(c)
removed Board of directors—
(1)
removed Appointment, vacancies, and removal— Section 112(b) of such Act (33 U.S.C. 4212(b)) is amended—
(A)
removed in paragraph (1), in the matter preceding subparagraph (A)—
(i)
removed by striking “and considering” and inserting “considering”;
(ii)
removed by inserting “and with the approval of the Secretary of Commerce,” after “by the Board,”; and
(iii)
removed by inserting “and such other criteria as the Under Secretary may establish” after “subsection (a)”;
(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)
removed by inserting “the Administrator of the United States Agency for International Development,” after “Service,”; and
(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)
removed General powers— Section 112(g) of such Act (33 U.S.C. 4212(g)) is amended—
(A)
removed in paragraph (1)(A), by striking “officers and employees” and inserting “the initial officers and employees”; and
(B)
removed in paragraph (2)(B)(i), by striking “its chief operating officer” and inserting “the chief executive officer of the Foundation”.
(3)
removed Chief executive officer— Section 112 of such Act (33 U.S.C. 4212) is amended by adding at the end the following:

removed “(h) Chief executive officer

removed “(1) Appointment; removal; review—The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation.

removed “(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)
removed 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)
removed by inserting “nonprofit” before “corporation”; and
(2)
removed by striking “acting as a trustee” and inserting “formed”.
(e)
removed Principal office— Section 113 of such Act (33 U.S.C. 4213) is amended by adding at the end the following:

removed “(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.”

(f)
removed Best practices— Section 113 of such Act (33 U.S.C. 4213), as amended by subsection (e), is further amended by adding at the end the following:

removed “(h) Best practices

removed “(1) In general—The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes.

removed “(2) Requirements—The best practices developed under paragraph (1) shall—

removed “(A) include a process to support technical assistance and capacity building to improve outcomes; and

removed “(B) promote an awareness of programs and grants available under this Act.”

(g)
removed Use of funds— Section 118 of such Act (33 U.S.C. 4218) is amended—
(1)
removed in subsection (a)—
(A)
removed 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
(B)
removed in paragraph (3)—
(i)
removed in the paragraph heading, by striking “Prohibition” and inserting “Limitation”;
(ii)
removed in subparagraph (A)—
(I)
removed by striking “Except as provided in subparagraph (B), no” and inserting “Not more than 12 percent of”; and
(II)
removed by striking “for administrative” and inserting “to offset the administrative”; and
(iii)
removed by striking subparagraph (B) and inserting the following:

removed “(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 the Save Our Seas 2.0 Amendments Act. The Secretary shall not require reimbursement from the Foundation for any such Federal funds used to pay for such salaries.”

(2)
removed 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 Foundation

(a)
changed Grants, cooperative agreements, contracts, and other agreements—In general— Section 3(d) 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 (33 U.S.C. 1952(d)) is amended—(P.L. 109-449).
(1)
removed in the subsection heading, by striking “and Contracts” and inserting “Contracts, and Other Agreements”;
(2)
removed in paragraph (1), by striking “and contracts” and inserting “, contracts, and other agreements”;
(3)
removed in paragraph (2)—
(A)
removed in subparagraph (B)—
(i)
removed by striking “part of the” and inserting “part of a”; and
(ii)
removed by inserting “or (C)” after “subparagraph (A)”; and
(B)
removed in subparagraph (C), in the matter preceding clause (i), by inserting “and except as provided in subparagraph (B)” after “subparagraph (A)”; and
(4)
removed by adding at the end the following:

removed “(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)
changed Receipt and expenditure of funds; use Status of resources—foundation— Section 3 111(a) of such the Marine Debris Act (33 U.S.C. 1952) is amended (Public Law 109–449), as transferred by adding at the end this Act, is amended, in the following:second sentence, by striking “organization” and inserting “corporation”.
(c)
added Board of directors—
(1)
added Appointment, vacancies, and removal— Section 112(b) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
(A)
added in paragraph (1) in the matter preceding subparagraph (A)—
(i)
added by striking “and considering” and inserting “considering”; and
(ii)
added by inserting “and with the approval of the Secretary of Commerce,” after “by the Board,”;
(B)
added in paragraph (3)(A) by inserting “with the approval of the Secretary of Commerce” after “the Board”;
(C)
added in paragraph (5)—
(i)
added 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”;
(D)
added by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
(E)
added by inserting after paragraph (1) the following:

added “(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)
added General powers— Section 112(g) of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
(A)
added in paragraph (1)(A) by striking “officers and employees” and inserting “the initial officers and employees”; and
(B)
added in paragraph (2)(B)(i) by striking “its chief operating officer” and inserting “the chief executive officer of the Foundation”.
(3)
added 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:

added “(h) Chief executive officer

added “(1) Appointment; removal; review—The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation.

added “(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)
added 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)
added by inserting “nonprofit” before “corporation”; and
(2)
added by striking “acting as a trustee” and inserting “formed”.
(e)
added 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:

added “(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 shoreline community.”

(f)
added 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:

added “(h) Best practices

added “(1) In general—The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes.

added “(2) Requirements—The best practices developed under paragraph (1) shall—

added “(A) include a process to support technical assistance and capacity building to improve outcomes; and

added “(B) promote an awareness of programs and grants available under this Act.”

(g)
added Use of funds— Section 118 of the Marine Debris Act (Public Law 109–449), as transferred by this Act, is amended—
(1)
added in subsection (a)—
(A)
added in paragraph (1) by striking “2024” and inserting “2025”;
(B)
added 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)
added 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)
added 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)
added 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”.

removed “(e) Receipt and expenditure of funds—In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by—

removed “(1) any department, agency, or instrumentality of the United States;

removed “(2) any State or local government (or any political subdivision thereof);

removed “(3) any Indian tribe;

removed “(4) any foreign government or international organization;

removed “(5) any public or private organization; or

removed “(6) any individual.

removed “(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—

removed “(1) any department, agency, or instrumentality of the United States;

removed “(2) any State or local government (or any political subdivision thereof);

removed “(3) any Indian tribe;

removed “(4) any foreign government or international organization;

removed “(5) any public or private organization; or

removed “(6) any individual.”

(c)
removed Definition of indian tribe— Section 7 of such Act (33 U.S.C. 1956) is amended by inserting after paragraph (1) the following:

removed “(1A) 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).”

Sec. 4 Transfers

added
(a)
added 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)
added Marine Debris Act— The Marine Debris Act (Public Law 109–449) is amended—
(1)
added 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)
added by inserting before section 131, as so transferred and redesignated, the following:

added “C Administration”

Sec. 5 Definitions

added
(a)
added In general— Section 131 of the Marine Debris Act (Public Law 109–449), as transferred and redesignated by this Act, is amended—
(1)
added by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (6), (7), (8), (12), (13), and (14), respectively;
(2)
added by inserting after paragraph (1) the following:

added “(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).

added “(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.

added “(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).

added “(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)
added by inserting after paragraph (9), as so redesignated, the following:

added “(10) 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).

added “(11) 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).”

(4)
added by inserting after paragraph (14), as so redesignated, the following:

added “(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).

added “(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).”

(5)
added in paragraph (14), as so redesignated—
(A)
added by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and
(B)
added by inserting after subparagraph (A) the following:

added “(B) Indian Tribe;”

(b)
added Transfer—
(1)
added 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).
(2)
added 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)
added Non-Federal funds— Paragraph (9)(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))”.