I 

113TH CONGRESS 

2D SESSION H. R. 4642 

To require all recreational vessels to have and post passenger capacity limits, 

to amend title 46, United States Code, to authorize States to enter 

into contracts for the provision of boating safety education services 

under State recreational boating safety programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2014 

Mr. ISRAEL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on Ways and Means and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require all recreational vessels to have and post passenger 

capacity limits, to amend title 46, United States Code, 

to authorize States to enter into contracts for the provision of boating safety education services under State 

recreational boating safety programs, 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 ‘‘Boating Occupancy 

5 and Teaching Safety Act’’ or the ‘‘BOATS Act’’. 


dlhill on DSK7TPTVN1PROD with BILLS
2 

•HR 4642 IH

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FLYING BRIDGE.—The term ‘‘flying bridge’’ 

4 means an open deck above the main navigating 

5 bridge of a recreational vessel. 

6 (2) PASSENGER.—The term ‘‘passenger’’ in7 cludes any individual aboard a vessel. 

8 (3) RECREATIONAL VESSEL.— 

9 (A) IN GENERAL.—The term ‘‘recreational 

10 vessel’’ means any vessel of greater than 20 feet 

11 and less than 45 feet overall in length, that is— 

12 (i) manufactured or used primarily for 

13 pleasure; or 

14 (ii) leased, rented, or chartered to a 

15 person for the pleasure of that person. 

16 (B) EXCLUSION.—The term ‘‘recreational 

17 vessel’’ does not include a vessel that— 

18 (i) is subject to Coast Guard inspec19 tion; 

20 (ii) is constructed before January 1, 

21 2016; and 

22 (iii)(I) is engaged in commercial use; 

23 or 

24 (II) carries paying passengers. 


dlhill on DSK7TPTVN1PROD with BILLS
3 

•HR 4642 IH

1 SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Commandant of 

4 the Coast Guard shall— 

5 (1) establish standards for determining the 

6 maximum passenger capacity in whole number of 

7 passengers and in pounds for recreational vessels; 

8 (2) require each manufacturer of a passenger 

9 vessel to post such maximum passenger capacity on 

10 the passenger vessel as described in subsection (b); 

11 and 

12 (3) require each operator of a passenger vessel 

13 to ensure that— 

14 (A) such maximum passenger capacity is 

15 posted as described in subsection (b) and legible 

16 to passengers; and 

17 (B) notice of the need to balance the 

18 weight carried by the vessel to avoid capsizing 

19 is posted as described in subsection (b) and leg20 ible to passengers. 

21 (b) ELEMENTS AND LOCATIONS OF DISPLAYS.—The 

22 maximum passenger capacity, maximum carrying capacity 

23 in pounds, and notice of the need to balance the carried 

24 weight for a passenger vessel shall each be permanently 

25 displayed in a legible matter— 


dlhill on DSK7TPTVN1PROD with BILLS
4 

•HR 4642 IH

1 (1) in a location that is clearly visible to a pas2 senger boarding the passenger vessel; and 

3 (2) on each flying bridge of the vessel, in a lo4 cation that is clearly visible to a passenger on the 

5 flying bridge. 

6 (c) PENALTIES.—Not later than 180 days after the 

7 date of the enactment of this Act, the Commandant of 

8 the Coast Guard shall publish regulations that establish 

9 appropriate penalties for a manufacturer of a recreational 

10 vessel that does not comply with the requirements of this 

11 section. 

12 (d) APPLICATION.—The requirements of this section 

13 shall apply to any recreational vessel manufactured after 

14 the date that is 180 days after the date of the enactment 

15 of this Act. 

16 SEC. 4. STATE RECREATIONAL BOATING SAFETY PRO17 GRAMS. 

18 (a) PROGRAM ACCEPTANCE.—Section 13103 of title 

19 46, United States Code, is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (4) by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (5) by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


dlhill on DSK7TPTVN1PROD with BILLS
5 

•HR 4642 IH

1 ‘‘(6) contracting practices in accordance with 

2 subsection (e).’’; and 

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

4 ‘‘(e) CONTRACTING.— 

5 ‘‘(1) IN GENERAL.—A State carrying out a 

6 State recreational boating safety program may enter 

7 into a contract with a local government or private 

8 entity to have the government or entity provide boat9 ing safety education services under the program. 

10 ‘‘(2) EXPENDITURE REQUIREMENT.—Each fis11 cal year, a State carrying out a State recreational 

12 boating safety program shall expend on contracts de13 scribed in paragraph (1) not less than 5 percent of 

14 the Federal amounts received by that State in that 

15 fiscal year under this chapter. 

16 ‘‘(3) CONSIDERATIONS.—In entering into con17 tracts under paragraph (1), a State shall consider— 

18 ‘‘(A) the need for geographic diversity 

19 among the local governments and private enti20 ties providing education services under the con21 tracts; 

22 ‘‘(B) the need to have education services 

23 that address the various vessels utilized in the 

24 State; 


dlhill on DSK7TPTVN1PROD with BILLS
6 

•HR 4642 IH

1 ‘‘(C) the need to have education services 

2 that address the various waterways in the 

3 State; and 

4 ‘‘(D) all the costs related to providing edu5 cation services under the contracts that may af6 fect the local governments and private entities 

7 providing the services. 

8 ‘‘(4) ELIGIBILITY.— 

9 ‘‘(A) IN GENERAL.—To be eligible to enter 

10 into a contract under paragraph (1), a local 

11 government or private entity shall— 

12 ‘‘(i) submit to the appropriate State 

13 lead authority or agency designated under 

14 subsection (a)(4) a detailed proposal for 

15 the provision of boating safety education 

16 services; and 

17 ‘‘(ii) certify that the government or 

18 entity will not profit financially from pro19 viding the services. 

20 ‘‘(B) EXCEPTIONS.— 

21 ‘‘(i) EXISTING PROVIDERS.—Subpara22 graph (A)(i) does not apply to a local gov23 ernment or private entity that provided 

24 boating safety education services before the 

25 date of enactment of this subsection under 


dlhill on DSK7TPTVN1PROD with BILLS
7 

•HR 4642 IH

1 standards established by the relevant 

2 State. 

3 ‘‘(ii) 501(c)(3) ORGANIZATIONS.— 

4 Subparagraph (A)(ii) does not apply to an 

5 organization described in section 501(c)(3) 

6 of the Internal Revenue Code of 1986 and 

7 exempt from taxation under section 501(a) 

8 of such Code if the organization certifies to 

9 the relevant State that all relevant profits 

10 will be used to advance boating safety. 

11 ‘‘(5) EDUCATION SERVICES CRITERIA.—The 

12 Secretary, in consultation with States and relevant 

13 stakeholders, shall establish criteria for the boating 

14 safety education services provided by local govern15 ments and private entities under this subsection. 

16 Using the criteria, a State shall establish outlines 

17 specifying the requirements for education services in 

18 that State and education services in that State shall 

19 be provided in accordance with the outlines. 

20 ‘‘(6) ADDITIONAL CONTRACTING.—A local gov21 ernment that enters into a contract under paragraph 

22 (1) to provide boating safety education services may 

23 contract with a private entity to receive assistance 

24 with the provision of those services. 


dlhill on DSK7TPTVN1PROD with BILLS
8 

•HR 4642 IH

1 ‘‘(7) ADVERTISING.—A local government or pri2 vate entity that enters into a contract under para3 graph (1) to provide boating safety education serv4 ices may utilize funds provided under that contract 

5 to advertise such services. 

6 ‘‘(8) REPORT.—Each fiscal year, a State that 

7 entered into contracts under this subsection shall 

8 submit to the Secretary a report specifying the gov9 ernments and entities contracted with in that fiscal 

10 year.’’. 

11 (b) SPORT FISH RESTORATION AND BOATING TRUST

12 FUND.—Section 9504(b)(2)(A) of the Internal Revenue 

13 Code of 1986 is amended by striking ‘‘the MAP–21’’ and 

14 inserting ‘‘Boating Occupancy and Teaching Safety Act’’. 

Æ 


dlhill on DSK7TPTVN1PROD with BILLS