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S. 318 — what changed

Save Our Seas 2.0 Amendments Act

From Reported in Senate to Engrossed in Senate. 2 sections amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Modifications to the Marine Debris Foundation

(a)
changed Definition of Tribal organization—Definitions— Section 2 of the Save Our Seas 2.0 Act (33 U.S.C. 4201) is amended—
(1)
in paragraph (7)(D), by striking “(as defined” and all that follows through “5304))”;
(2)
changed by redesignating paragraph (11) as paragraph (12); (13); and
(3)
by inserting after paragraph (10) the following:

changed “(11) Tribal organization—The government—The term Tribal organization has government means the meaning given that term 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 4 104 of the Federally Recognized Indian Self-Determination and Education Assistance Tribe List Act of 1994 (25 U.S.C. 5304).”5131).

added “(12) Tribal organization—The term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”

(b)
Status of Foundation— Section 111(a) of such Act (33 U.S.C. 4211(a)) is amended, in the second sentence, by striking “organization” and inserting “corporation”.
(c)
added Purposes— Section 111(b)(3) of such Act (33 U.S.C. 4211(b)(3)) is amended by inserting “Indian Tribes,” after “Tribal governments,”.
(d)
added Board of Directors—
(c)
removed Board of Directors—
(1)
renumbered was (4)(2) Appointment, vacancies, and removal— Section 112(b) of such Act (33 U.S.C. 4212(b)) is amended—
(A)
renumbered was (4)(2)(3) in paragraph (1), in the matter preceding subparagraph (A)—
(i)
renumbered was (4)(2)(3)(2) by striking “and considering” and inserting “considering”;
(ii)
renumbered was (4)(2)(3)(3) by inserting “and with the approval of the Secretary of Commerce,” after “by the Board,”; and
(iii)
renumbered was (4)(2)(3)(4) by inserting “and such other criteria as the Under Secretary may establish” after “subsection (a)”;
(B)
renumbered was (4)(2)(4) in paragraph (3)(A), by inserting “with the approval of the Secretary of Commerce” after “the Board”;
(C)
renumbered was (4)(2)(5) 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)
renumbered was (4)(2)(5)(3) by inserting “and with the approval of the Secretary of Commerce” after “EPA Administrator”;
(D)
renumbered was (4)(2)(6) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
(E)
renumbered was (4)(2)(7) 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)
renumbered was (4)(3) General powers— Section 112(g) of such Act (33 U.S.C. 4212(g)) is amended—
(A)
renumbered was (4)(3)(3) in paragraph (1)(A), by striking “officers and employees” and inserting “the initial officers and employees”; and
(B)
renumbered was (4)(3)(4) in paragraph (2)(B)(i), by striking “its chief operating officer” and inserting “the chief executive officer of the Foundation”.
(3)
renumbered was (4)(4) 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 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)
renumbered was (5) 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)
renumbered was (5)(3) by inserting “nonprofit” before “corporation”; and
(2)
renumbered was (5)(4) by striking “acting as a trustee” and inserting “formed”.
(f)
renumbered was (6) 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.”

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

“(h) Best practices

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

removed “(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

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

added “(i) Rule of construction—Nothing in this Act may be construed—

added “(1) to satisfy any requirement for government-to-government consultation with Tribal governments; or

added “(2) to affect or modify any treaty or other right of any Tribal government.”

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

(h)
renumbered was (8) Use of funds— Section 118 of such Act (33 U.S.C. 4218) is amended—
(1)
renumbered was (8)(3) in subsection (a)—
(A)
added in paragraph (2), by striking “and State and local government agencies” and inserting “, State and local government agencies, regional organizations, Indian Tribes, and Tribal organizations”; and
(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)
renumbered was (8)(3)(3) in paragraph (3)—
(i)
added in the paragraph heading, by striking “Prohibition” and inserting “Limitation”; and
(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
(ii)
renumbered was (8)(3)(3)(4) 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 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)
renumbered was (8)(4) 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

added Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended—

(a)
removed Grants, cooperative agreements, contracts, and other agreements— Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended—
(1)
renumbered was (2)(3) in the subsection heading, by striking “and contracts” and inserting “contracts, and other agreements”;
(2)
renumbered was (2)(4) in paragraph (1), by striking “and contracts” and inserting “, contracts, and other agreements”;
(3)
renumbered was (2)(5) in paragraph (2)—
(A)
renumbered was (2)(5)(2) in subparagraph (B)—
(i)
renumbered was (2)(5)(2)(2) by striking “part of the” and inserting “part of a”; and
(ii)
renumbered was (2)(5)(2)(3) by inserting “or (C)” after “subparagraph (A)”; and
(B)
renumbered was (2)(5)(3) in subparagraph (C), in the matter preceding clause (i), by inserting “and except as provided in subparagraph (B)” after “subparagraph (A)”; and
(4)
renumbered was (2)(6) 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)
removed 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:

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—
(1)
removed by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(2)
removed by inserting after paragraph (1) the following:

removed “(2) 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).”