Sec. 316. Enforcement
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Section 55305(d) of title 46, United States Code, is amended— by amending paragraph
(1)to read as follows: The Secretary of Transportation shall annually review programs administered by other departments and agencies and determine whether each such program is subject to the requirements of this section. ; by redesignating paragraph
(2)as paragraph (5), and by inserting after paragraph
(1)the following: The Secretary shall have the sole responsibility to make determinations described in paragraph (1). A determination made by the Secretary under paragraph
(1)regarding a program shall remain in effect until the Secretary determines that such program is no longer subject to the requirements of this section. Each department or agency administering a program determined by the Secretary under paragraph
(1)to be subject to the requirements of this section shall administer such program in accordance with this section and any rules or guidance issued by the Secretary. The issuance of such rules or guidance is not a prerequisite to the issuance of final determinations under paragraph (1). ; in paragraph (5)(A), as so redesignated, by striking section; and inserting section, to determine compliance with the requirements of this section; ; and by adding at the end the following: On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— lists the programs determined under paragraph
(1)to be subject to the requirements of this section; and describes the results of the most recent annual review required by paragraph (5)(A), including identification of the departments and agencies that transported cargo in violation of this section and any action the Secretary took under paragraph
(5)with respect to each violation. . The Secretary of Transportation shall complete the first review and make the determinations required under the amendment made by paragraph (1)(A) by not later than December 31, 2015. Section 55305(d) of title 46, United States Code, is further amended by adding at the end the following: The Secretary may prescribe rules, including interim rules, necessary to carry out paragraph (5). An interim rule prescribed under this paragraph shall remain in effect until superseded by a final rule. . Section 3511(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (46 U.S.C. 55305 note) is repealed.
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