[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

======================================================================




   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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\16 U.S.C. Sec. 777c(a)(1) (2012).
---------------------------------------------------------------------------
     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\
---------------------------------------------------------------------------
    \5\Id. Sec. 777c(a)(2).
---------------------------------------------------------------------------
     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\
---------------------------------------------------------------------------
    \6\Id. Sec. 777c(a)(3).
---------------------------------------------------------------------------
     2 percent to a competitive grant program that 
provides matching funds to States to install or upgrade docking 
facilities for transient recreational boats;\7\
---------------------------------------------------------------------------
    \7\Id. Sec. 777c(a)(4).
---------------------------------------------------------------------------
     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\
---------------------------------------------------------------------------
    \8\Id. Sec. 777c(a)(5).
---------------------------------------------------------------------------
     up to $3 million annually to the Secretary of the 
Interior for a multistate conservation grant program;\9\
---------------------------------------------------------------------------
    \9\Id. Sec. 777m(a).
---------------------------------------------------------------------------
     $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
---------------------------------------------------------------------------
    \10\Id. Sec. 777m(e).
---------------------------------------------------------------------------
     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\
---------------------------------------------------------------------------
    \11\Id. Sec. 777c(c).
---------------------------------------------------------------------------

                         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.

                                  
