II

103D CONGRESS

2D SESSION S. 2052

Entitled the ‘‘Recreational Boating Safety Program Funding Improvement

Act’’.

IN THE SENATE OF THE UNITED STATES

APRIL 26 (legislative day, APRIL 11), 1994

Mr. GORTON introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

Entitled the ‘‘Recreational Boating Safety Program Funding

Improvement Act’’.

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

3 SECTION 1. TRANSFERS OF MOTORBOAT FUEL TAXES

4 FROM HIGHWAY TRUST FUND.

5 (a) AUTHORIZATION OF TRANSFERS.—Section

6 9503(c)(4) of the Internal Revenue Code of 1986 (26

7 U.S.C. 9503(c)(4)) is amended—

8 (1) by striking subparagraph (A) of section

9 9503(c)(4);
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1 (2) by redesignating subparagraph (B) as sub2 paragraph (A) and amending it to read as follows:

3 ‘‘(A) $1,000,000 PER YEAR TRANSFERRED

4 TO LAND AND WATER CONSERVATION FUND.—

5 ‘‘(i) IN GENERAL.—The Secretary

6 shall pay from time to time from the High7 way Trust Fund into the land and water

8 conservation fund provided for in title I of

9 the Land and Water Conservation Fund

10 Act of 1965 amounts (as determined by

11 him) equivalent to the motorboat fuel taxes

12 received on or after October 1, 1993, and

13 before October 1, 1997.

14 ‘‘(ii) LIMITATION.—The aggregate

15 amount transferred under this subpara16 graph during any fiscal year shall not ex17 ceed $1,000,000.’’;

18 (3) by striking ‘‘or (B)’’ in clause (ii) of sub19 paragraph (B) (as so redesignated); and

20 (4) by redesignating subparagraphs (D) and

21 (E) as subparagraphs (C) and (D), respectively.

22 (b) TECHNICAL AMENDMENT.—Section 9504(d) of

23 the Internal Revenue Code of 1986 (26 U.S.C. 9504(d))

24 is amended by striking ‘‘Boat Safety Account and’’.
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1 (c) EFFECTIVE DATE.—This amendment shall be ef2 fective October 1, 1993.

3 SEC. 2. TECHNICAL AMENDMENTS TO AQUATIC RE4 SOURCES TRUST FUND.

5 (a) Section 9504(a)(2) of the Internal Revenue Code

6 of 1986 (26 U.S.C. 9504(a)(2)) is amended by inserting

7 after ‘‘section 9602(b)’’ the following: ‘‘of this title, or as

8 provided in subsection 4(a) of the Act entitled ‘An Act

9 to provide that the United States shall aid the States in

10 fish restoration and management projects, and for other

11 purposes’, approved August 9, 1950 (64 Stat. 430; 16

12 U.S.C. 777c), as amended,’’.

13 (b) Section 9504(b)(2)(A) of the Internal Revenue

14 Code of 1986 (26 U.S.C. 9504(b)(2)(A)) is amended by

15 striking ‘‘(as in effect on October 1, 1988)’’.

16 (c) Section 9504(c) of the Internal Revenue Code of

17 1986 (26 U.S.C. 9504(c)) is amended to read as follows:

18 ‘‘(c) EXPENDITURES FROM BOAT SAFETY AC19 COUNT.—Amounts in the Boat Safety Account shall be

20 available for making expenditures before April 1, 1999,

21 to carry out the purposes of section 13106 of title 46,

22 United States Code.’’.

23 (d) EFFECTIVE DATES.—The amendment to section

24 (a) shall be effective October 1, 1994. The amendments

25 to sections (b) and (c) shall be effective October 1, 1993.
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1 SEC. 3. FUNDING FOR RECREATIONAL BOATING SAFETY

2 PROGRAMS.

3 (a) TRANSFER.—Section 4 of the Act of August 9,

4 1950 (16 U.S.C. 777c) is amended—

5 (1) by redesignating subsections (a), (b), (c),

6 (d), and (e) in order, as subsections (b), (c), (d), (e),

7 and (f);

8 (2) by inserting before subsection (b) (as so re9 designated) the following new subsection:

10 ‘‘(a) Of each annual appropriation made in accord11 ance with the provisions of section 3 of this Act (16 U.S.C.

12 777b) from transfers made from the Highway Trust Fund

13 to the Sport Fish Restoration Account for motorboat fuel

14 taxes received on or after October 1, 1993, and before Oc15 tober 1, 1997, the Secretary of the Interior shall transfer

16 to the Boat Safety Account of the Aquatic Resources

17 Trust Fund an amount equal to $77,500,000 for fiscal

18 year 1995, $80,000,000 for each of fiscal years 1996 and

19 1997, and $90,000,000 for fiscal year 1998, to be ex20 pended by the Secretary of Transportation for recreational

21 boating safety programs under section 13106 of title 46,

22 United States Code.’’;

23 (3) in subsection (b) (as so redesignated) by

24 striking ‘‘The Secretary of the Interior’’ through

25 ‘‘section 3 of this Act’’ and inserting the following:

26 ‘‘Of the balance of each annual appropriation re-
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1 maining after making the distribution under sub2 section (a), the Secretary of the Interior shall dis3 tribute 18 per centum’’;

4 (4) by amending subsection (c) (as so redesig5 nated) to read as follows:

6 ‘‘(c) Of the balance of each annual appropriation re7 maining after making the distribution under subsections

8 (a) and (b), an amount equal to $7,500,000 for fiscal year

9 1995, and $10,000,000 for each of fiscal years 1996 and

10 1997, shall be available for two years for obligation under

11 section 5604(c) of the Clean Vessel Act of 1992. The Sec12 retary of the Interior may make grants for qualified

13 projects in an amount up to the amount available under

14 this paragraph. Amounts unobligated by the Secretary of

15 the Interior after two years shall be transferred to the Sec16 retary of Transportation and be expended for State rec17 reational boating safety programs under section

18 13106(b)(1) of title 46, United States Code.’’;

19 (5) in subsection (d) (as so redesignated) by

20 striking ‘‘(a) and (b)’’ and inserting ‘‘(a), (b), and

21 (c)’’; and

22 (6) in subsection (e) (as so redesignated) by

23 striking ‘‘and (c)’’ and inserting ‘‘(c), and (d)’’.

24 (b) EFFECTIVE DATE.—This amendment shall be ef25 fective October 1, 1994.
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1 SEC. 4. AUTHORIZATION OF EXPENDITURES FOR REC2 REATIONAL BOATING SAFETY PROGRAMS.

3 Section 13106 of title 46, United States Code, is

4 amended—

5 (1) by striking subsection (c);

6 (2) by redesignating subsections (a) and (b), in

7 order, as subsections (b) and (c);

8 (3) by inserting before subsection (b) (as so re9 designated) the following new subsection:

10 ‘‘(a) Of the amount transferred for each fiscal year

11 to the Boat Safety Account under section 4 of the Act

12 of August 9, 1950 (16 U.S.C. 777c), as amended,

13 $35,000,000 is available to the Secretary for expenditures

14 out of the operating expenses account of the Coast Guard

15 for services provided by the Coast Guard for recreational

16 boating safety, including services provided by the Coast

17 Guard Auxiliary. Amounts made available by this sub18 section shall remain available until expended.’’;

19 (4) by amending subsection 13106(b)(1) (as so

20 redesignated) to read as follows:

21 ‘‘(b)(1) Subject to paragraph (2), the Secretary may

22 expend the balance of the amount transferred each fiscal

23 year to the Boat Safety Account under section 4 of the

24 Act of August 9, 1950 (16 U.S.C. 777c), as amended, for

25 State recreational boating safety programs as provided

26 under the guidelines established under subsection (c) of
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1 this section. The amount shall be allocated as provided

2 under section 13103 of this title. Amounts made available

3 by this subsection shall remain available until expended.

4 Amounts previously obligated but released by payment of

5 a final voucher or modification of a program acceptance

6 shall be credited to the balance of unobligated amounts

7 and are immediately available for expenditure.’’;

8 (5) by amending the catchline of section 13106

9 to read as follows:

10 ‘‘§ 13106. Spending authority for recreational boating

11 safety programs’’;

12 and

13 (6) by amending the item relating to section

14 13106 in the table of sections at the beginning of

15 chapter 131 of title 46, United States Code, to read

16 as follows:

‘‘13106. Spending authority for recreational boating safety programs.’’.

17 (b) EFFECTIVE DATE.—This amendment shall be ef18 fective October 1, 1994.

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