I

103D CONGRESS

2D SESSION H. R. 3786

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

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.

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, the Secretary

6 shall allocate $10,000,000 of the amounts available for al7 location and distribution under this chapter for State rec8 reational boating safety programs as follows:

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

10 with paragraph (2) among eligible States that—

11 ‘‘(i) prohibit operation of a recreational

12 vessel by an individual who is under the influ13 ence of alcohol or drugs; and

14 ‘‘(ii)(I) establish a blood alcohol concentra15 tion limit of .10 percent or less; or

16 ‘‘(II) provide that acceptable evidence of

17 intoxication may include personal observation

18 by a law enforcement officer of the effect of in19 toxicants consumed by the individual on the in20 dividual’s manner, disposition, speech, muscular

21 movement, general appearance, or behavior.

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

23 with paragraph (2) among eligible States that—
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1 ‘‘(i) prohibit operation of a recreational

2 vessel by an individual who is under the influ3 ence of alcohol or drugs; and

4 ‘‘(ii) establish an implied consent require5 ment that specifies that an individual is deemed

6 to have given their consent to evidentiary test7 ing for their blood alcohol concentration or

8 presence of other intoxicating substances.

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

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

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

12 all eligible States receiving an allocation under that

13 subparagraph for the fiscal year; and

14 ‘‘(B) one-half shall be allocated among those el15 igible States so that each such State receives an

16 amount bearing the same ratio to the total amount

17 allocated under that subparagraph for the fiscal year

18 as the number of vessels numbered in that State

19 under a system approved under chapter 123 of this

20 title bears to the total number of vessels numbered

21 under approved systems of all States receiving an al22 location under that subparagraph for the fiscal

23 year.’’;
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1 (3) in subsection (b) (as so redesignated) in the

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

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

4 (4) by adding at the end the following new sub5 section:

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

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

8 of any requirement relating to the operation of a rec9 reational vessel while under the influence of alcohol or

10 drugs that is more stringent than the requirements for

11 receiving the allocation.’’.

12 SEC. 4. MARINE CASUALTY REPORTING.

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

14 after enactment of this Act, the Secretary of Transpor15 tation shall, in consultation with appropriate State agen16 cies, submit to the Committee on Merchant Marine and

17 Fisheries of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the

19 Senate a plan to increase reporting of vessel accidents to

20 appropriate State law enforcement officials.

21 (b) PENALTIES FOR VIOLATING REPORTING RE22 QUIREMENTS.—Section 6103(a) of title 46, United States

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

24 the second place it appears.
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1 SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL

2 BOATING SAFETY COURSE.

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

4 46, United States Code, is amended by adding at the end

5 the following:

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

7 violation of this section shall complete a boating safety

8 course approved by the Secretary.’’.

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

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

11 following:

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

13 violation of this chapter or a regulation prescribed under

14 this chapter may be ordered to complete a recreational

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

16 SEC. 6. TECHNICAL CORRECTIONS.

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

18 is amended by—

19 (1) striking ‘‘proceeding’’ and inserting ‘‘pre20 ceding’’; and

21 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec22 retary’’.

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