Overview
Title
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.
ELI5 AI
S. 216 is a bill that wants to make it easier to keep the oceans clean by improving how some projects are run and giving them money, but it needs to be clearer about how the money is used and what is expected in return.
Summary AI
S. 216 aims to enhance the management and administration of marine debris efforts in the United States. It proposes changes to the Save Our Seas 2.0 Act and the Marine Debris Act to improve the effectiveness of the Marine Debris Foundation and the Marine Debris Program managed by the National Oceanic and Atmospheric Administration (NOAA). The bill includes provisions to strengthen partnerships with Indian Tribes, improve grant processes, and ensure the principal office of the Foundation is located in a coastal community. Additionally, it authorizes new funding to support projects in fiscal year 2025.
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AnalysisAI
The "Save Our Seas 2.0 Amendments Act" is a proposed piece of legislation aimed at enhancing the administrative framework of marine debris management in the United States. Specifically, it seeks to amend prior acts to improve the functioning of the Marine Debris Foundation and the Marine Debris Program under the National Oceanic and Atmospheric Administration (NOAA). The bill encompasses structural and financial modifications, procedural clarifications, and expanded definitions linked to marine debris initiatives.
General Summary of the Bill
The bill's primary aim is to refine the processes under the Save Our Seas 2.0 Act and the Marine Debris Act. This includes reorganizing sections, redefining certain terms, and broadening the scope of agreements and contributions allowed under these acts. It outlines changes to governance structures, including those related to the Board of the Marine Debris Foundation, and introduces financial authorizations for continued operations. Additionally, the amendments involve adjustments related to outreach efforts and collaboration with Indian Tribes and Tribal Governments.
Summary of Significant Issues
One significant issue in the bill is the ambiguity surrounding certain provisions, such as what constitutes "in-kind basis" contributions. The flexibility granted to the Under Secretary to determine the value derived by NOAA from a project could lead to subjective decision-making. Furthermore, financial commitments are extended through 2029 without clear budgetary caps, which raises concerns about potential unregulated spending.
There are also procedural issues due to the heavy reliance on cross-references to definitions from other acts, which may confuse or complicate understanding for those without immediate access to these documents. Additionally, the restructuring of sections within the bill involves complex legal language that may not be accessible to the general public.
Broad Public Impact
The bill's intended impact is to streamline and strengthen the government's ability to combat marine debris and its harmful environmental effects. By improving the organizational capacity and ensuring better use of resources through expanded agreements and contributions, the bill could enhance the effectiveness of marine debris efforts, ultimately contributing positively to the environment and public health.
However, the unclear financial terms and provisions could lead to inefficient allocation of resources, potentially increasing taxpayers' burdens if the funds aren't managed properly. For the broader public, this could mean unintended economic implications if financial oversight is not rigorous.
Impact on Specific Stakeholders
For environmental stakeholders and organizations working towards ocean conservation, the bill could offer additional tools and support through enhanced governance and financial provisions. The inclusion of outreach best practices to Indian Tribes and Tribal Governments signifies a commitment to inclusive partnerships, which may yield positive social impacts.
Conversely, without clear definitions and financial constraints, there may be opportunities for misuse or misdirection of funds, which could disadvantage smaller organizations or communities that lack the capacity for rigorous compliance. This could stifle fair competition for grants and collaborative opportunities.
Ultimately, while the bill's aims are environmentally favorable and socially inclusive, its execution could face challenges due to the identified ambiguities and procedural complexities. Addressing these issues transparently would be essential to maximizing its positive impact and ensuring equitable benefits across stakeholders.
Financial Assessment
The bill S. 216 involves amendments to existing legislation related to marine debris management, with a particular focus on financial aspects. Here is an overview of how money is being allocated and referenced within the bill:
Financial Summary
S. 216 authorizes $2,000,000 for fiscal year 2025 to support projects related to marine debris management. This allocation is directed towards enhancing the administration of both the Marine Debris Foundation and the Marine Debris Program managed by NOAA.
Issues Related to Financial Allocations
Lack of Detailed Justification
One of the key issues is the authorization of $2,000,000 for fiscal year 2025 noted in Section 3 without offering detailed justification or specifying the outcomes expected from such funding. This could potentially result in wasteful expenditure due to the absence of safeguards, objectives, or milestones, making it difficult to assess the effectiveness and efficiency of the allocation.
Extended Financial Commitments
The bill extends financial commitments through 2029 under Section 3, indicating a long-term fiscal plan. However, the absence of clear budget caps or limitations could raise concerns about unchecked and expanded governmental spending. Such an extension without strict financial controls could lead to financial liabilities that go unmonitored.
Ambiguities in Financial Provisions
In-Kind Contributions
Section 2 introduces a provision allowing for in-kind contributions by the Under Secretary for certain projects. This usage of "in-kind" contributions is not clearly defined, leading to potential ambiguities. It opens the possibility for varied interpretations around what constitutes an in-kind contribution, which could lead to favoritism or uneven allocation of resources.
Undefined 'Other Agreements'
The language in Section 2 also includes the term "other agreements," which lacks a clear definition. This vagueness could invite oversight issues or potential misuse of agreements. Without clear boundaries or guidelines, financial allocations under such terms might lack transparency, posing legal and ethical concerns.
Conclusion
In summary, while S. 216 seeks to allocate significant funding to tackle marine debris, it contains several financial ambiguities and lacks detailed financial accountability mechanisms. The broad nature of language concerning appropriations and contributions necessitates careful oversight to prevent potential misuse or misallocation of funds. As the bill progresses, clarifications and stricter controls could enhance financial transparency and effectiveness.
Issues
The provision in Section 2 that allows the Under Secretary to contribute on an in-kind basis for projects introduces ambiguity due to the lack of a clear definition of 'in-kind basis,' potentially leading to varied interpretations and favoritism.
Section 3 authorizes $2,000,000 for fiscal year 2025 without detailed justification or specified outcomes, which could lead to potential wasteful spending and poses a financial oversight concern.
The reauthorization in Section 3 extends financial commitments through 2029 without clear budget caps or limitations, raising concerns about unchecked and expanded spending.
Section 2 introduces new terms like 'other agreements' without clearly defining them, which could lead to oversight or misuse of agreements, raising legal and ethical concerns.
The language in Section 5 relies heavily on cross-references to other acts for definitions, which complicates understanding and accessibility for those without immediate access to these documents.
The complex legal language and structure involving transfers and redesignations in Section 4 could be difficult for laypersons to understand, leading to potential misunderstandings about the changes' implications.
The broad rule of construction language in Section 3 regarding Tribal Government consultations might lead to misinterpretation or lack of genuine consultation.
Section 2 allows for subjective determination by the Under Secretary regarding NOAA's benefit from projects, which could result in biased decision-making or favoritism.
The amendments in Section 5 that involve extensive redesignations might complicate the reading and interpretation process, leading to confusion or misinterpretation of provisions.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that the Act will be known as the “Save Our Seas 2.0 Amendments Act.”
2. Modifications to the marine debris program of the national oceanic and atmospheric administration Read Opens in new tab
Summary AI
The section modifies the Marine Debris Act by renumbering some sections and updating how the National Oceanic and Atmospheric Administration (NOAA) can use contracts, grants, and agreements. It allows NOAA to contribute in-kind to projects based on the benefits they receive and expands the definitions to include other types of agreements.
3. Modifications to the marine debris foundation Read Opens in new tab
Summary AI
The document details modifications to the Marine Debris Foundation, including changes to governance, the addition of best practices for engaging with Indian Tribes and Tribal Governments, and financial provisions. It outlines adjustments such as relocating certain sections, restructuring board appointment procedures, setting up best practices for outreach, and ensuring funding until 2029.
Money References
- “(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”.
4. Transfers Read Opens in new tab
Summary AI
The section outlines changes to existing laws by moving parts of the Save Our Seas 2.0 Act to follow a specific section in the Marine Debris Act, and reordering sections of the Marine Debris Act itself, giving them new numbers and adding an introductory heading, "subtitle D—Administration," before these sections.
5. Definitions Read Opens in new tab
Summary AI
The amendments to the Marine Debris Act redefine and reorganize certain terms, such as "circular economy" and "Tribal Government," by referencing the definitions in other established acts like the Save Our Seas 2.0 Act. Additionally, they transfer specific sections from the Save Our Seas 2.0 Act to the Marine Debris Act and make technical changes to how some phrases, like "non-Federal funds," are described.
6. Conforming amendments Read Opens in new tab
Summary AI
The section from the bill makes several updates to the Marine Debris Act, including replacing references to the “Administrator” with “Under Secretary” or “EPA Administrator” and changing some section and subtitle references to reflect the new organization of the Act. It also updates the term “tribal government” to “Tribal Government” in the Act.