[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3786 Referred in Senate (RFS)]
103d CONGRESS
2d Session
H. R. 3786
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23 (legislative day, February 22), 1994
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend title 46, United States Code, to establish requirements to
ensure safe operation of recreational vessels, to require allocation of
State recreational boating safety program assistance based on State
adoption of laws regarding boating while intoxicated, and for other
purposes.
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 1994''.
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 Coast
Guard approved personal flotation 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 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)(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 recreational 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 influence 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 influence of alcohol
or drugs; and
``(ii) 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.
``(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 eligible
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 allocation
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 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. 4. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after enactment of
this Act, the Secretary of Transportation shall, in consultation with
appropriate State agencies, submit to the Committee on Merchant Marine
and Fisheries of the House of Representatives and the Committee 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 Requirements.--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 ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''.
Passed the House of Representatives March 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.