I
103D CONGRESS
1ST SESSION
H. R. 3168
To amend title 46, United States Code, to establish requirements to ensure
safe operation of recreational vessels, and to improve State recreational
boating safety programs.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1993
Mr. TAUZIN (for himself, Mr. LIPINSKI, Mr. ORTIZ, and Mr. MANTON) intro-
duced the following bill; which was referred to the Committee on Mer-
chant Marine and Fisheries
A BILL
To amend title 46, United States Code, to establish require-
ments to ensure safe operation of recreational vessels,
and to improve State recreational boating safety pro-
grams.
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 1993’’.
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 personal flotation device when the
individual is on an open deck of the vessel when the
vessel is underway.’’.
(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. LIMITATION ON PERCENTAGE AMOUNT OF BOAT-
ING SAFETY PROGRAM ALLOCATION USED
FOR PUBLIC ACCESS SITES.
(a) IN GENERAL.—Section 13106(b)(4) of title 46,
United States Code, is amended by inserting before the
semicolon at the end the following: ‘‘, except that not more
than 25 percent of the amount allocated to a State for
a fiscal year may be used by the State for these purposes’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall not apply to an amount allocated to a
State for a fiscal year before fiscal year 1994.
SEC. 4. 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) Beginning in fiscal year 1998, the Secretary
shall allocate $10,000,000 of the amounts available for al-
location and distribution under this chapter for State rec-
reational boating safety programs as follows:
‘‘(1)(A) One-half shall be allocated among eligi-
ble States that prohibit operation of a recreational
vessel by an individual who is under the influence of
alcohol or drugs and that—
‘‘(i) establish a blood alcohol concentration
limit of .10 percent or less; or
scribed under this chapter may be ordered to complete a
qualified recreational boating safety course—
‘‘(A) in addition to any other civil penalty that
is assessed for the violation, in the case of—
‘‘(i) a subsequent violation by the same
person; or
‘‘(ii) a violation that results in a personal
injury; or
‘‘(B) in lieu of any other civil penalty that is as-
sessed for the violation, in the case of any other vio-
lation.
‘‘(2) In this subsection, the term ‘qualified rec-
reational boating safety course’ means a recreational boat-
ing safety course that is approved by the Secretary of
Transportation for purposes of this subsection.’’.
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’’.
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