Union Calendar No. 247

103D CONGRESS

2D SESSION H. R. 3786

[Report No. 103–445]

A BILL

To amend title 46, United States Code, to establish

ing while intoxicated, and for other purposes.based on State adoption of laws regarding boatrecreational boating safety program assistancereational vessels, to require allocation of Staterequirements to ensure safe operation of recMARCH 21, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 247

103D CONGRESS

2D SESSION H. R. 3786

[Report No. 103–445]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1994

Mr. TAUZIN (for himself, Mr. STUDDS, Mr. FIELDS of Texas, Mr. COBLE, Mr.

LIPINSKI, Mr. ORTIZ, Mr. MANTON, Mr. LAUGHLIN, and Mr. PICKETT)

introduced the following bill; which was referred to the Committee on

Merchant Marine and Fisheries

MARCH 21, 1994

Additional sponsor: Mr. HUGHES

MARCH 21, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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.
2

•HR 3786 RH

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’’.

6 SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR

7 CHILDREN.

8 (a) PROHIBITION.—Section 4307(a) of title 46,

9 United States Code, is amended—

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

11 semicolon at the end;

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

13 inserting ‘‘; or’’; and

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

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

16 in length unless each individual 12 years of age or

17 younger wears a Coast Guard approved personal flo18 tation device when the individual is on an open deck

19 of the vessel.’’.

20 (b) STATE AUTHORITY PRESERVED.—Section 4307

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

22 adding at the end the following:

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

24 the authority of a State to establish requirements relating
3

•HR 3786 RH

1 to the wearing of personal flotation devices on recreational

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

3 SEC. 3. ALLOCATION OF FUNDS BASED ON STATE ADOP4 TION OF LAWS REGARDING BOATING WHILE

5 INTOXICATED.

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

7 amended—

8 (1) by redesignating subsections (a), (b), and

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

10 (2) by inserting before subsection (b) (as so re11 designated) the following new subsection:

12 ‘‘(a)(1) Beginning in fiscal year 1998, the Secretary

13 shall allocate $10,000,000 of the amounts available for al14 location and distribution under this chapter for State rec15 reational boating safety programs as follows:

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

17 with paragraph (2) among eligible States that—

18 ‘‘(i) prohibit operation of a recreational

19 vessel by an individual who is under the influ20 ence of alcohol or drugs; and

21 ‘‘(ii)(I) establish a blood alcohol concentra22 tion limit of .10 percent or less; or

23 ‘‘(II) provide that acceptable evidence of

24 intoxication may include personal observation

25 by a law enforcement officer of the effect of in-
4

•HR 3786 RH

1 toxicants consumed by the individual on the in2 dividual’s manner, disposition, speech, muscular

3 movement, general appearance, or behavior.

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

5 with paragraph (2) among eligible States that—

6 ‘‘(i) prohibit operation of a recreational

7 vessel by an individual who is under the influ8 ence of alcohol or drugs; and

9 ‘‘(ii) establish an implied consent require10 ment that specifies that an individual is deemed

11 to have given their consent to evidentiary test12 ing for their blood alcohol concentration or

13 presence of other intoxicating substances.

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

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

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

17 all eligible States receiving an allocation under that

18 subparagraph for the fiscal year; and

19 ‘‘(B) one-half shall be allocated among those el20 igible States so that each such State receives an

21 amount bearing the same ratio to the total amount

22 allocated under that subparagraph for the fiscal year

23 as the number of vessels numbered in that State

24 under a system approved under chapter 123 of this

25 title bears to the total number of vessels numbered
5

•HR 3786 RH

1 under approved systems of all States receiving an al2 location under that subparagraph for the fiscal

3 year.’’;

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

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

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

7 (4) by adding at the end the following new sub8 section:

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

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

11 of any requirement relating to the operation of a rec12 reational vessel while under the influence of alcohol or

13 drugs that is more stringent than the requirements for

14 receiving the allocation.’’.

15 SEC. 4. MARINE CASUALTY REPORTING.

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

17 after enactment of this Act, the Secretary of Transpor18 tation shall, in consultation with appropriate State agen19 cies, submit to the Committee on Merchant Marine and

20 Fisheries of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the

22 Senate a plan to increase reporting of vessel accidents to

23 appropriate State law enforcement officials.

24 (b) PENALTIES FOR VIOLATING REPORTING RE25 QUIREMENTS.—Section 6103(a) of title 46, United States
6

•HR 3786 RH

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

2 the second place it appears.

3 SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL

4 BOATING SAFETY COURSE.

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

6 46, United States Code, is amended by adding at the end

7 the following:

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

9 violation of this section shall complete a boating safety

10 course approved by the Secretary.’’.

11 (b) OTHER VIOLATIONS.—Section 4311 of title 46,

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

13 following:

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

15 violation of this chapter or a regulation prescribed under

16 this chapter may be ordered to complete a recreational

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

18 SEC. 6. TECHNICAL CORRECTIONS.

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

20 is amended by—

21 (1) striking ‘‘proceeding’’ and inserting ‘‘pre22 ceding’’; and

23 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec24 retary’’.