IIA

103D CONGRESS

2D SESSION H. R. 3786

IN THE SENATE OF THE UNITED STATES

MARCH 23 (legislative day, FEBRUARY 22), 1994

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To amend title 46,

United States Code, to establish requirements to ensure

safe operation of recreational vessels, to require allocation of State recreational boating safety program assistance based on State adoption of laws regarding boating

while intoxicated, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Recreational Boating

5 Safety Improvement Act of 1994’’.
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1 SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR

2 CHILDREN.

3 (a) PROHIBITION.—Section 4307(a) of title 46, Unit4 ed States Code, is amended—

5 (1) in paragraph (2) by striking ‘‘or’’ after the

6 semicolon at the end;

7 (2) in paragraph (3) by striking the period and

8 inserting ‘‘; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(4) operate a recreational vessel under 26 feet

11 in length unless each individual 12 years of age or

12 younger wears a Coast Guard approved personal flo13 tation device when the individual is on an open deck

14 of the vessel.’’.

15 (b) STATE AUTHORITY PRESERVED.—Section 4307

16 of title 46, United States Code, is further amended by

17 adding at the end the following:

18 ‘‘(c) Subsection (a)(4) shall not be construed to limit

19 the authority of a State to establish requirements relating

20 to the wearing of personal flotation devices on recreational

21 vessels that are more stringent than that subsection.’’.

22 SEC. 3. ALLOCATION OF FUNDS BASED ON STATE ADOP23 TION OF LAWS REGARDING BOATING WHILE

24 INTOXICATED.

25 Section 13103 of title 46, United States Code, is

26 amended—
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1 (1) by redesignating subsections (a), (b), and

2 (c) in order as subsections (b), (c), and (d);

3 (2) by inserting before subsection (b) (as so re4 designated) the following new subsection:

5 ‘‘(a)(1) Beginning in fiscal year 1998, of the amounts

6 transferred to the Secretary each fiscal year pursuant to

7 section 4(b) of the Act of August 9, 1950 (16 U.S.C.

8 777c(b)), the Secretary shall allocate for State rec9 reational boating safety programs $10,000,000 as follows:

10 ‘‘(A) One-half shall be allocated in accordance

11 with paragraph (2) among eligible States that—

12 ‘‘(i) prohibit operation of a recreational

13 vessel by an individual who is under the influ14 ence of alcohol or drugs; and

15 ‘‘(ii) establish a blood alcohol concentration

16 limit of .10 percent or less.

17 ‘‘(B) One-half shall be allocated in accordance

18 with paragraph (2) among eligible States that—

19 ‘‘(i) prohibit operation of a recreational

20 vessel by an individual who is under the influ21 ence of alcohol or drugs; and

22 ‘‘(ii) establish an implied consent require23 ment that specifies that an individual is deemed

24 to have given their consent to evidentiary test-
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1 ing for their blood alcohol concentration or

2 presence of other intoxicating substances.

3 ‘‘(2) Of the amount allocated under subparagraph

4 (A) or (B) of paragraph (1) each fiscal year—

5 ‘‘(A) one-half shall be allocated equally among

6 all eligible States receiving an allocation under that

7 subparagraph for the fiscal year; and

8 ‘‘(B) one-half shall be allocated among those el9 igible States so that each such State receives an

10 amount bearing the same ratio to the total amount

11 allocated under that subparagraph for the fiscal year

12 as the number of vessels numbered in that State

13 under a system approved under chapter 123 of this

14 title bears to the total number of vessels numbered

15 under approved systems of all States receiving an al16 location under that subparagraph for the fiscal

17 year.’’;

18 (3) in subsection (b) (as so redesignated) in the

19 matter preceding paragraph (1) by inserting ‘‘the

20 balance of remaining’’ after ‘‘allocate’’; and

21 (4) by adding at the end the following new sub22 section:

23 ‘‘(e) A State shall not be ineligible for an allocation

24 under subsection (a) because of the adoption by the State

25 of any requirement relating to the operation of a rec-
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1 reational vessel while under the influence of alcohol or

2 drugs that is more stringent than the requirements for

3 receiving the allocation.’’.

4 SEC. 4. MARINE CASUALTY REPORTING.

5 (a) SUBMISSION OF PLAN.—Not later than one year

6 after enactment of this Act, the Secretary of Transpor7 tation shall, in consultation with appropriate State agen8 cies, submit to the Committee on Merchant Marine and

9 Fisheries of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the

11 Senate a plan to increase reporting of vessel accidents to

12 appropriate State law enforcement officials.

13 (b) PENALTIES FOR VIOLATING REPORTING RE14 QUIREMENTS.—Section 6103(a) of title 46, United States

15 Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’

16 the second place it appears.

17 SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL

18 BOATING SAFETY COURSE.

19 (a) NEGLIGENT OPERATION.—Section 2302 of title

20 46, United States Code, is amended by adding at the end

21 the following:

22 ‘‘(e) An individual operating a recreational vessel in

23 violation of this section shall complete a boating safety

24 course approved by the Secretary.’’.
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1 (b) OTHER VIOLATIONS.—Section 4311 of title 46,

2 United States Code, is amended by adding at the end the

3 following:

4 ‘‘(h) A person who operates a recreational vessel in

5 violation of this chapter or a regulation prescribed under

6 this chapter may be ordered to complete a recreational

7 boating safety course approved by the Secretary.’’.

8 SEC. 6. TECHNICAL CORRECTIONS.

9 Section 13108(a)(1) of title 46, United States Code,

10 is amended by—

11 (1) striking ‘‘proceeding’’ and inserting ‘‘pre12 ceding’’; and

13 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec14 retary’’.

Passed the House of Representatives March 21,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.