[Senate Report 113-205]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
2d Session 113-205
_______________________________________________________________________
Calendar No. 452
SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2014
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2028
July 7, 2014.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calender No. 452
113th Congress Report
SENATE
2d Session 113-205
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SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2014
_______
July 7, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2028]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2028) to amend the law relating
to sport fish restoration and recreational boating safety, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
S. 2028 would reauthorize the Sport Fish Restoration and
Boating Trust Fund (the Fund) and its various uses through the
end of fiscal year (FY) 2021.
Background and Needs
Recreational fishing and boating provides substantial
economic opportunities and benefits to the Nation. According to
the National Marine Fisheries Service, in 2011 marine
recreational anglers in the United States spent $23.4 billion,
with an estimated $56 billion impact on the U.S. economy.\1\
The Coast Guard reports in 2011 there were 12,505,656
recreational vessels registered in the United States.\2\
According to the National Marine Manufacturers Association,
which represents more than 1,300 boat builders and other marine
manufacturers responsible for producing an estimated 80 percent
of the recreational marine products used in the United States,
in 2012 the total economic impact of recreational boating on
the U.S. economy was $121.5 billion.\3\
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\1\National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, The Economic Contribution of Marine Angler
Expenditures in the United States, 2011 (2013), available at http://
www.st.nmfs.noaa.gov/Assets/economics/publications/
AnglerExpenditureReport/2011/pdf/The Economic Contribution of Marine
Angler Expenditures in the United States 2011.pdf.
\2\United States Coast Guard, Recreational Boating Statistics 2011
at 5.
\3\National Marine Manufacturers Association, 2012 Recreational
Boating Economic Study at 5 (2013), available at http://www.nmma.org/
assets/cabinets/Cabinet508/NMMA_ecoimpact_booklet_optimized.pdf.
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The Fund is the mainstay of funding for State and Federal
sport fish conservation and recreational boating safety efforts
in support of the U.S. angling and boating community. Types of
programs supported by the Fund include those dealing with
coastal wetlands conservation and restoration, recreational
vessel sewage disposal, interstate fishery commissions,
multistate conservation grants, and fish species restoration
projects. Funds go to State projects designed to enhance sport
fish conservation in the States and to assist States in
establishing and maintaining recreational boating safety
programs.
The Fund receives income from the following five sources:
(1) motorboat fuel taxes; (2) annual tax receipts from small
engine fuel used for outdoor power equipment; (3) a
manufacturers' excise tax on sport fishing equipment; (4)
import duties on fishing tackle and on yachts and pleasure
craft; and (5) interest on funds invested prior to disbursal.
In FY 2013, the Fund received a total of $595 million from
these five sources.
All moneys received in a given fiscal year are apportioned
to the States in the following fiscal year. Fund receipts are
made available for eight different authorized uses, based on a
statutory formula division of appropriations, as follows:
18.5 percent to coastal wetlands programs, of
which 70 percent is provided for the Corps of Engineers
Louisiana Coastal Wetlands Restoration Program, 15 percent is
provided to the National Coastal Wetlands Conservation Grants
Program, and 15 percent is provided for the North American
Wetlands Conservation Fund;\4\
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\4\16 U.S.C. Sec. 777c(a)(1) (2012).
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18.5 percent to the U.S. Coast Guard's Office of
Boating Safety to provide grants to States and nonprofit
organizations for the development and implementation of a
coordinated national recreational boating safety program;\5\
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\5\Id. Sec. 777c(a)(2).
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2 percent to a competitive grant program for
States to construct pump-out and dump stations to dispose of
vessel sewage from recreational boaters;\6\
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\6\Id. Sec. 777c(a)(3).
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2 percent to a competitive grant program that
provides matching funds to States to install or upgrade docking
facilities for transient recreational boats;\7\
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\7\Id. Sec. 777c(a)(4).
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2 percent to the Recreational Boating and Fishing
Foundation, a tax-exempt corporation established in 1998 to
carry out a National Outreach and Communications Program which
provides grants to increase participation in recreational
boating and fishing and to encourage greater public involvement
in aquatic stewardship;\8\
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\8\Id. Sec. 777c(a)(5).
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up to $3 million annually to the Secretary of the
Interior for a multistate conservation grant program;\9\
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\9\Id. Sec. 777m(a).
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$200,000 annually to each of the Atlantic States
Marine Fisheries Commission, the Gulf States Marine Fisheries
Commission, the Pacific States Marine Fisheries Commission, and
the Great Lakes Fisheries Commission, and $400,000 annually to
the Sport Fishing and Boating Partnership Council;\10\ and
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\10\Id. Sec. 777m(e).
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the residuum of Fund receipts to the U.S. Fish and
Wildlife Service Sport Fish Restoration Program, under which
funding is apportioned to States on a formula basis.\11\
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\11\Id. Sec. 777c(c).
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Summary of Provisions
S. 2028, the Sport Fish Restoration and Recreational
Boating Safety Act of 2014, would reauthorize the Fund and
provide for maximum amounts that can be spent on administration
of Trust Fund programs.
Legislative History
S. 2028, the Sport Fish Restoration and Recreational
Boating Safety Act of 2014, was introduced by Senators
Rockefeller and Thune on February 12, 2014, and referred to the
Committee on Commerce, Science, and Transportation. On April 9,
2014, the Committee met in open Executive Session and, by a
voice vote, ordered S. 2028 reported without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2028--Sport Fish Restoration and Recreational Boating Safety Act of
2014
S. 2028 would reauthorize and modify the current formula
used to distribute funds from the Sport Fish Restoration and
Boating Trust Fund (SFRBTF) through 2021. CBO estimates the
legislation would have no significant effect on the federal
budget.
The legislation would adjust the allocation of amounts from
the SFRBTF to programs related to sport fish restoration,
boating safety, and coastal wetlands restoration under the
Federal Aid Sport Fish Restoration Act, but would not affect
the overall amounts spent from the fund.
Grants for coastal wetland projects, sport fish
restoration, and boating safety are financed by excise taxes
and other collections deposited into the SFRBTF. Each program
receives direct spending authority equal to a specified
allocation of the fund's income. The bill would change how
those amounts are allocated from the trust fund after 2014.
That change could have a minor effect on the rate of spending;
however, the legislation would not change the amount available
to be spent from the fund. Because enacting S. 2028 could
affect direct spending pay-as-you-go procedures apply. However,
CBO estimates that any change in direct spending would be
insignificant for each year. Enacting the bill would not affect
revenues.
S. 2028 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 2028 as reported would not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
ECONOMIC IMPACT
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy. To the
contrary, if the current statutory authority for the Fund is
allowed to expire due to failure to enact S. 2028 or similar
reauthorization legislation, the loss of roughly $600 million
in funding that is apportioned annually to the States for
boating safety programs, boater education programs, and fish
and habitat restoration programs is expected to have
significant negative economic consequences.
PRIVACY
The bill would not impact the personal privacy of
individuals.
PAPERWORK
S. 2028 would have no impact on paperwork requirements for
individuals or businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that this Act may be cited as
the ``Sport Fish Restoration and Recreational Boating Safety
Act of 2014''.
Section 2. Division of annual appropriations
This section would amend section 4 of the Federal Aid in
Fish Restoration Act (16 U.S.C. 777c) to authorize the formula
division of appropriations of the Fund through FY 2021. It
would increase the amounts authorized for use in covering the
costs of administering the program by: (1) authorizing funding
to the department in which the Coast Guard is operating for
administration of boating safety programs paid for by the Fund;
and (2) providing a formula for maximum amounts that the
Secretary of Interior may use from the Fund to administer
sportfish and habitat restoration programs. This section would
also make necessary technical and conforming amendments to
related authorities in section 4 of that Act.
Section 3. Extension of exception to limitation on transfers to fund
This section would amend section 9504(d)(2) of the Internal
Revenue Code of 1986 to extend until September 30, 2021, the
current exception that allows transfer to the Fund of
expenditures to liquidate obligations entered into prior to
that date.
Section 4. Recreational boating safety allocations
This section would strike subsection (c) of section 13104
of title 46, United States Code, which currently authorizes the
Secretary of the department in which the Coast Guard is
operating to allocate not more than 5 percent of available
funds for distribution to national nonprofit public service
organizations.
Section 5. Recreational boating safety
This section would make necessary technical and conforming
amendments to title 46, United States Code.
Section 6. National Boating Safety Advisory Council
This section would amend section 13110(e) of title 46,
United States Code, to authorize the Coast Guard's National
Boating Safety Advisory Council through September 30, 2021.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
FEDERAL AID IN FISH RESTORATION ACT
SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.
[6 U.S.C. 777c]
(a) In General.--For each fiscal year through [2014] 2021,
the balance of each annual appropriation made in accordance
with the provisions of section 3 remaining after the
distributions for administrative expenses and other purposes
under subsection (b) and for multistate conservation grants
under section 14 shall be distributed as follows:
(1) Coastal wetlands.--An amount equal to 18.5
percent to the Secretary of the Interior for
distribution as provided in the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C.
3951 et seq.).
(2) Boating safety.--An amount equal to 18.5 percent
to the Secretary of the department in which the Coast
Guard is operating for State recreational boating
safety programs under section 13107 of title 46, United
States Code.
(3) Clean vessel act.--An amount equal to 2.0 percent
to the Secretary of the Interior for qualified projects
under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(4) Boating infrastructure.--An amount equal to 2.0
percent to the Secretary of the Interior for obligation
for qualified projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
(5) National outreach and communications.--An amount
equal to 2.0 percent to the Secretary of the Interior
for the National Outreach and Communications Program
under section 8(d) of this Act. Such amounts shall
remain available for 3 fiscal years, after which any
portion thereof that is unobligated by the Secretary
for that program may be expended by the Secretary under
subsection (c) of this section.
(b) [Set-aside for Expenses for Administration of the
Dingell-Johnson Sport Fish Restoration Act] Set-asides.--
(1) In general.--
(A) Set-aside for administration.--From the
annual appropriation made in accordance with
section 3, for each fiscal year through [2014]
2021, the Secretary of the Interior may use no
more than the amount specified in subparagraph
(B) for the fiscal year for expenses for
administration incurred in the implementation
of this Act, in accordance with this section
and section 9. The amount specified in
subparagraph (B) for a fiscal year may not be
included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for [each of fiscal years 2001
and 2002, $9,000,000] fiscal year 2015,
$11,896,000;
(ii) for fiscal year [2003,
$8,212,000] 2016, $12,299,000; and
(iii) for fiscal year [2004] 2017 and
each fiscal year thereafter, the sum
of--
(I) the available amount for
the preceding fiscal year; and
(II) the amount determined by
multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(C) Set-aside for boating safety.--
(i) In general.--From the annual
appropriation made in accordance with
section 3, for each fiscal year through
2021, the Secretary shall transfer to
the Secretary of the department in
which the Coast Guard is operating--
(I) $5,000,000 for the
purposes set forth in section
13107(c) of title 46, United
States Code;
(II) $200,000 to fund the
National Boating Safety
Advisory Council established
under section 13110 of title
46, United States Code, and the
authorized activities of the
Council; and
(III) not less than
$7,000,000 for national boating
safety activities of national
nonprofit public service
organizations, and such sums
made available for allocation
and distribution shall remain
available until expended.
(ii) Limitation.--The amounts
specified in clause (i) for a fiscal
year may not be included in the amount
of the annual appropriation distributed
under subsection (a) of this section
for the fiscal year.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount [under paragraph (1)
shall remain available for obligation for use
under that paragraph] under paragraph (1)(B)
shall remain available for obligation for use
under paragraph (1)(A) until the end of the
fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount [under paragraph (1)] under
paragraph (1)(B) that remains unobligated at
the end of the fiscal year, on the same basis
and in the same manner as other amounts made
available under this Act are apportioned among
the States under [subsection (e)] subsection
(c) for the fiscal year.
(c) Apportionment Among States.--The Secretary after the
distribution, transfer, use and deduction under subsection (b),
and after deducting amounts used for grants under section 14 of
this title, shall apportion 57 percent of the balance of each
such annual appropriation among the several States in the
following manner: 40 percent in the ratio which the area of
each State including coastal and Great Lakes waters (as
determined by the Secretary of the Interior) bears to the total
area of all the States, and 60 percent in the ratio which the
number of persons holding paid licenses to fish for sport or
recreation in the State in the second fiscal year preceding the
fiscal year for which such apportionment is made, as certified
to said Secretary by the State fish and game departments, bears
to the number of such persons in all the States. Such
apportionments shall be adjusted equitably so that no State
shall receive less than 1 percent nor more than 5 percent of
the total amount apportioned. Where the apportionment to any
State under this section is less than $4,500 annually, the
Secretary of the Interior may allocate not more than $4,500 of
said appropriation to said State to carry out the purposes of
this Act when said State certifies to the Secretary of the
Interior that it has set aside not less than $1,500 from its
fish-and-game funds or has made, through its legislature, an
appropriation in this amount for said purposes.
(d) Unallocated Funds.--[So much of any sum not allocated]
Except as otherwise provided in this section, so much of any
sum not allocated under the provisions of this section for any
fiscal year is hereby authorized to be made available for
expenditure to carry out the purposes of this Act until the
close of the succeeding fiscal year. The term fiscal year as
used in this section shall be a period of twelve consecutive
months from October 1 through the succeeding September 30,
except that the period for enumeration of persons holding
licenses to fish shall be a State's fiscal or license year.
(e) Expenses for Administration of Certain Programs.--
(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the
Interior shall use only funds authorized for use under
paragraphs (1), (3), (4), and (5) of subsection (a) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in
[those subsections] those paragraphs, respectively.
[(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).]
(2) Maximum amount.--For fiscal year 2015, the
Secretary of the Interior may use not more than
$1,200,000 in accordance with paragraph (1). For each
fiscal year thereafter, the maximum amount that the
Secretary of the Interior may use in accordance with
paragraph (1) shall be determined under paragraph (3).
(3) Annual adjusted maximum amount.--The maximum
amount referred to in paragraph (2) for fiscal year
2016 and each fiscal year thereafter shall be the sum
of--
(A) the available maximum amount for the
preceding fiscal year; and
(B) the amount determined by multiplying--
(i) the available maximum amount for
the preceding fiscal year; and
(ii) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of Labor.
(f) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of the department in which the
Coast Guard is operating and shall be expended for State
recreational boating safety programs under section 13107(a) of
title 46, United States Code.
INTERNAL REVENUE CODE OF 1986
[26 U.S.C. 9504]
SEC. 9504. SPORT FISH RESTORATION AND BOATING TRUST FUND.
* * * * * * *
(d) Limitation on Transfers to Trust Fund.--
(1) In general.--Except as provided in paragraph (2),
no amount may be appropriated or paid to the Sport Fish
Restoration and Boating Trust Fund on and after the
date of any expenditure from such Trust Fund which is
not permitted by this section. The determination of
whether an expenditure is so permitted shall be made
without regard to--
(A) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
(B) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this subsection.
(2) Exception for prior obligations.--Paragraph (1)
shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) before October 1, [2014,] 2021, in
accordance with the provisions of this section.
(e) Cross Reference.--For provision transferring motorboat
fuels taxes to Sport Fish Restoration and Boating Trust Fund,
see section 9503(c)(3).
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART I. STATE BOATING SAFETY PROGRAMS
CHAPTER 131. RECREATIONAL BOATING SAFETY
Sec. 13104. Allocations.
(a) The Secretary shall allocate amounts available for
allocation and distribution under this chapter for State
recreational boating safety programs as follows:
(1) One-third shall be allocated equally each fiscal
year among eligible States.
(2) One-third shall be allocated among eligible
States that maintain a State vessel numbering system
approved under chapter 123 of this title and a marine
casualty reporting system approved under this chapter
so that the amount allocated each fiscal year to each
eligible State will be in the same ratio as the number
of vessels numbered in that State bears to the number
of vessels numbered in all eligible States.
(3) One-third shall be allocated so that the amount
allocated each fiscal year to each eligible State will
be in the same ratio as the amount of State amounts
expended by the State for the State recreational
boating safety program during the prior fiscal year
bears to the total State amounts expended during that
fiscal year by all eligible States for State
recreational boating safety programs.
(b) The amount received by a State under this section in a
fiscal year may be not more than one-half of the total cost
incurred by that State in developing, carrying out, and
financing that State's recreational boating safety program in
that fiscal year.
[(c) The Secretary may allocate not more than 5 percent of
the amounts available for allocation and distribution in a
fiscal year for national boating safety activities of national
nonprofit public service organizations.]
Sec. 13107. Authorization of appropriations
(a)(1) Subject to paragraph (2) and subsection (c), the
Secretary shall expend in each fiscal year for State
recreational boating safety programs, under contracts with
States under this chapter, an amount equal to the sum of (A)
the amount made available from the Boat Safety Account for that
fiscal year under under section 15 of the Dingell-Johnson Sport
Fish Restoration Act and (B) the amount transferred to the
Secretary under subsections (a)(2) and (f) of section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(a)(2) and (f)). The amount shall be allocated as provided
under section 13104 of this title and shall be available for
State recreational boating safety programs as provided under
the guidelines established under subsection (b) of this
section. Amounts authorized to be expended for State
recreational boating safety programs shall remain available
until expended and are deemed to have been expended only if an
amount equal to the total amounts authorized to be expended
under this section for the fiscal year in question and all
prior fiscal years have been obligated. Amounts previously
obligated but released by payment of a final voucher or
modification of a program acceptance shall be credited to the
balance of unobligated amounts and are immediately available
for expenditure.
(2) The Secretary shall use not more than two percent
of the amount available each fiscal year for State
recreational boating safety programs under this chapter
to pay the costs of investigations, personnel, and
activities related to administering those programs.
(b) The Secretary shall establish guidelines prescribing the
purposes for which amounts available under this chapter for
State recreational boating safety programs may be used. Those
purposes shall include--
(1) providing facilities, equipment, and supplies for
boating safety education and law enforcement, including
purchase, operation, maintenance, and repair;
(2) training personnel in skills related to boating
safety and to the enforcement of boating safety laws
and regulations;
(3) providing public boating safety education,
including educational programs and lectures, to the
boating community and the public school system;
(4) acquiring, constructing, or repairing public
access sites used primarily by recreational boaters;
(5) conducting boating safety inspections and marine
casualty investigations;
(6) establishing and maintaining emergency or search
and rescue facilities, and providing emergency or
search and rescue assistance;
(7) establishing and maintaining waterway markers and
other appropriate aids to navigation; and
(8) providing State recreational vessel numbering and
titling programs.
(c)(1) Of the amount transferred to the Secretary under
[subsection (a)(2)] subsection (b)(1)(C) of section 4 of the
Dingell-Johnson Sport Fish Restoration Act [(16 U.S.C.
777c(a)(2)), $5,500,000 is available to the Secretary for
payment of expenses of the Coast Guard for personnel and
activities directly related to coordinating and carrying out
the national recreational boating safety program under this
title, of which not less than $2,000,000 shall be available to
the Secretary only to ensure compliance with chapter 43 of this
title.](16 U.S.C. 777c(b)(1)(C))--
(A) $5,000,000 is available to the
Secretary for payment of expenses of the Coast
Guard for personnel and activities directly
related to coordinating and carrying out the
national recreational boating safety program
under this title, of which not less than
$2,000,000 shall be available to the Secretary
only to ensure compliance with chapter 43 of
this title;
(B) $200,000 is available to the Secretary
to fund the National Boating Safety Advisory
Council and its authorized activities; and
(C) not less than $7,000,000 is available
to the Secretary for national boating safety
activities of national nonprofit public service
organizations.
(2) No funds available to the Secretary under this
subsection may be used to replace funding traditionally
provided through general appropriations, nor for any
purposes except those purposes authorized by this
section.
(3) [Amounts made available] Except for amounts made
available by paragraph (1)(C), amounts made available
by this subsection shall remain available during the 2
succeeding fiscal years. Any amount that is unexpended
or unobligated at the end of the 3-year period during
which it is available shall be withdrawn by the
Secretary and allocated to the States in addition to
any other amounts available for allocation in the
fiscal year in which they are withdrawn or the
following fiscal year.
(4) The Secretary shall publish annually in the
Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.
Sec. 13110. National Boating Safety Advisory Council
(a) The Secretary shall establish a National Boating Safety
Advisory Council. The Council shall consist of 21 members
appointed by the Secretary, whom the Secretary considers to
have a particular expertise, knowledge, and experience in
recreational boating safety.
(b)(1) The membership of the Council shall consist of--
(A) 7 representatives of State officials
responsible for State boating safety programs;
(B) 7 representatives of recreational vessel
manufacturers and associated equipment
manufacturers; and
(C) 7 representatives of national
recreational boating organizations and from the
general public, at least 5 of whom shall be
representatives of national recreational
boating organizations.
(2) Additional individuals from the sources referred
to in paragraph (1) of this subsection may be appointed
to panels of the Council to assist the Council in
performing its duties.
(3) At least once a year, the Secretary shall publish
a notice in the Federal Register soliciting nominations
for membership on the Council.
(c) In addition to the consultation required by section 4302
of this title, the Secretary shall consult with the Council on
other major boating safety matters related to this chapter. The
Council may make available to Congress information, advice, and
recommendations that the Council is authorized to give to the
Secretary.
(d) When serving away from home or regular place of business,
the member may be allowed travel expenses, including per diem
in lieu of subsistence as authorized by section 5703 of title 5
for individuals employed intermittently in the Government
service. A payment under this section does not make a member of
the Council an officer or employee of the United States
Government for any purpose.
(e) The Council shall terminate on September 30, [2020] 2021.