Sec. 321. Enforcement
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Section 55305(d) of title 46, United States Code, is amended— by amending paragraph
(1)to read as follows: Each department or agency that has responsibility for a program under this section shall administer that program consistent with this section and any regulations and guidance issued by the Secretary of Transportation concerning this section. ; by redesignating paragraph
(2)as paragraph (3), and by inserting after paragraph
(1)the following: The Secretary shall have exclusive authority for determining the applicability of this section to a program of a Federal department or agency. The head of a Federal department or agency shall request the Secretary to determine the applicability of this section to a program of such department or agency if the department or agency is uncertain of such applicability. Not later than 30 days after receiving such a request, the Secretary shall make such determination. Subparagraph
(B)shall not be construed to limit the authority of the Secretary to make a determination regarding the applicability of this section to a program administered by a Federal department or agency. A determination made by the Secretary under this paragraph regarding a program shall remain in effect until the Secretary determines that this section no longer applies to such program. ; in paragraph (3), as so redesignated, by amending subparagraph
(A)to read as follows: shall conduct an annual review of the administration of programs subject to the requirements of this 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 make available on the Internet website of the Department of Transportation a report that— lists the programs that were subject to determinations made by the Secretary under paragraph
(2)in the preceding year; and describes the results of the most recent annual review required by paragraph (3)(A), including identification of the departments and agencies that transported cargo in violation of this section and any action the Secretary took under paragraph
(3)with respect to each violation. . The Secretary of Transportation shall complete the first review required under the amendment made by subsection (a)(1)(C) by not later than December 31, 2015. 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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