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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3786 Referred in Senate (RFS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recreational Boating Safety 
Improvement Act of 1994''.

SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.

    (a) Prohibition.--Section 4307(a) of title 46, United States Code, 
is amended--
            (1) in paragraph (2) by striking ``or'' after the semicolon 
        at the end;
            (2) in paragraph (3) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(4) operate a recreational vessel under 26 feet in length 
        unless each individual 12 years of age or younger wears a Coast 
        Guard approved personal flotation device when the individual is 
        on an open deck of the vessel.''.
    (b) State Authority Preserved.--Section 4307 of title 46, United 
States Code, is further amended by adding at the end the following:
    ``(c) Subsection (a)(4) shall not be construed to limit the 
authority of a State to establish requirements relating to the wearing 
of personal flotation devices on recreational vessels that are more 
stringent than that subsection.''.

SEC. 3. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING 
              BOATING WHILE INTOXICATED.

    Section 13103 of title 46, United States Code, is amended--
            (1) by redesignating subsections (a), (b), and (c) in order 
        as subsections (b), (c), and (d);
            (2) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(a)(1) Beginning in fiscal year 1998, of the amounts transferred 
to the Secretary each fiscal year pursuant to section 4(b) of the Act 
of August 9, 1950 (16 U.S.C. 777c(b)), the Secretary shall allocate for 
State recreational boating safety programs $10,000,000 as follows:
            ``(A) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish a blood alcohol concentration 
                limit of .10 percent or less.
            ``(B) One-half shall be allocated in accordance with 
        paragraph (2) among eligible States that--
                    ``(i) prohibit operation of a recreational vessel 
                by an individual who is under the influence of alcohol 
                or drugs; and
                    ``(ii) establish an implied consent requirement 
                that specifies that an individual is deemed to have 
                given their consent to evidentiary testing for their 
                blood alcohol concentration or presence of other 
                intoxicating substances.
    ``(2) Of the amount allocated under subparagraph (A) or (B) of 
paragraph (1) each fiscal year--
            ``(A) one-half shall be allocated equally among all 
        eligible States receiving an allocation under that subparagraph 
        for the fiscal year; and
            ``(B) one-half shall be allocated among those eligible 
        States so that each such State receives an amount bearing the 
        same ratio to the total amount allocated under that 
        subparagraph for the fiscal year as the number of vessels 
        numbered in that State under a system approved under chapter 
        123 of this title bears to the total number of vessels numbered 
        under approved systems of all States receiving an allocation 
        under that subparagraph for the fiscal year.'';
            (3) in subsection (b) (as so redesignated) in the matter 
        preceding paragraph (1) by inserting ``the balance of 
        remaining'' after ``allocate''; and
            (4) by adding at the end the following new subsection:
    ``(e) A State shall not be ineligible for an allocation under 
subsection (a) because of the adoption by the State of any requirement 
relating to the operation of a recreational vessel while under the 
influence of alcohol or drugs that is more stringent than the 
requirements for receiving the allocation.''.

SEC. 4. MARINE CASUALTY REPORTING.

    (a) Submission of Plan.--Not later than one year after enactment of 
this Act, the Secretary of Transportation shall, in consultation with 
appropriate State agencies, submit to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a plan to increase 
reporting of vessel accidents to appropriate State law enforcement 
officials.
    (b) Penalties for Violating Reporting Requirements.--Section 
6103(a) of title 46, United States Code, is amended by inserting ``or 
6102'' after ``6101'' the second place it appears.

SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE.

    (a) Negligent Operation.--Section 2302 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(e) An individual operating a recreational vessel in violation of 
this section shall complete a boating safety course approved by the 
Secretary.''.
    (b) Other Violations.--Section 4311 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(h) A person who operates a recreational vessel in violation of 
this chapter or a regulation prescribed under this chapter may be 
ordered to complete a recreational boating safety course approved by 
the Secretary.''.

SEC. 6. TECHNICAL CORRECTIONS.

    Section 13108(a)(1) of title 46, United States Code, is amended 
by--
            (1) striking ``proceeding'' and inserting ``preceding''; 
        and
            (2) striking ``Secertary'' and inserting ``Secretary''.

            Passed the House of Representatives March 21, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```