103D CONGRESS
2D SESSION
H. R. 3786
AN ACT
To amend title 46, United States Code, to establish require-
ments to ensure safe operation of recreational vessels,
to require allocation of State recreational boating safety
program assistance based on State adoption of laws re-
garding boating while intoxicated, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives 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, Unit-
ed 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 flo-
tation 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 ADOP-
TION 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 re-
designated) 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 rec-
reational 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 influ-
ence 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 influ-
ence of alcohol or drugs; and
‘‘(ii) establish an implied consent require-
ment that specifies that an individual is deemed
to have given their consent to evidentiary test-
ing 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 el-
igible 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 al-
location 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 sub-
section:
‘‘(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 rec-
reational 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 Transpor-
tation shall, in consultation with appropriate State agen-
cies, submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee 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 RE-
QUIREMENTS.—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 ‘‘pre-
ceding’’; and
(2) striking ‘‘Secertary’’ and inserting ‘‘Sec-
retary’’.
Passed the House of Representatives March 21,
1994.
Attest:
Clerk.