[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3168 Introduced in House (IH)]

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) 
 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, and to improve State 
                 recreational boating safety programs.

    Be it enacted by the Senate and House of Representatives 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, United 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 BOATING 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 subsection (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 ADOPTION 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 redesignated) 
        the following new subsection:
    ``(a) Beginning in fiscal year 1998, the Secretary shall allocate 
$10,000,000 of the amounts available for allocation and distribution 
under this chapter for State recreational boating safety programs as 
follows:
            ``(1)(A) One-half shall be allocated among eligible 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
                    ``(ii) provide that acceptable evidence of 
                intoxication may include personal observation by a law 
                enforcement officer of the effect of intoxicants 
                consumed by the individual on the individual's manner, 
                disposition, speech, muscular movement, general 
                appearance, or behavior.
            ``(B) The amount allocated to a State under this paragraph 
        for a fiscal year shall be in the same ratio to the total 
        amount allocated under this paragraph 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 
        that receive an allocation under this paragraph for that fiscal 
        year.
            ``(2)(A) One-half shall be allocated among eligible States 
        that prohibit operation of a recreational vessel by an 
        individual who is under the influence of alcohol or drugs and 
        that establish an implied consent requirement that specifies 
        that an individual is deemed to have given their consent to 
        evidentiary testing for their blood alcohol concentration or 
        presence of other intoxicating substances.
            ``(B) The amount allocated to a State under this paragraph 
        for a fiscal year shall be in the same ratio to the total 
        amount allocated under this paragraph 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 
        that receive an allocation under this paragraph 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 subsection:
    ``(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 recreational vessel while under the 
influence of alcohol or drugs that is more stringent than the 
requirements for receiving the allocation.''.

SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE.

    Section 4311 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(h)(1) A person who willfully operates a recreational vessel in 
violation of this chapter or a regulation prescribed 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 assessed 
        for the violation, in the case of any other violation.
    ``(2) In this subsection, the term `qualified recreational boating 
safety course' means a recreational boating 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 ``preceding''; 
        and
            (2) striking ``Secertary'' and inserting ``Secretary''.

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