[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          RECREATIONAL BOATING SAFETY IMPROVEMENT ACT OF 1994

  Mr. STUDDS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3786) 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, as amended.
  The Clerk read as follows:

                               H.R. 3786

       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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts [Mr. Studds] will be recognized for 20 minutes, and the 
gentleman from Texas [Mr. Fields] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. Studds].
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUDDS asked and was given permission to revise and extend his 
remarks.)
  Mr. STUDDS. Mr. Speaker, recreational boating safety is one of those 
areas where legislation Congress passed has actually worked. Since the 
Federal Boat Safety Act was enacted in 1971, the national recreational 
boating fatality rate has declined five-fold, from over 20 fatalities 
per 100,000 boats in 1971 to 4 per 100,000 in 1992.
  However, a recent National Transportation Safety Board [NTSB] study 
of recreational boating accidents identified several areas where more 
could be done. For example, over half of all boating accidents involve 
alcohol and only nine States have comprehensive boating-while-
intoxicated laws. Second, 85 percent of the persons who drowned in 
boating accidents were not wearing lifejackets. Third, no more than 22 
percent of first time boat operators have taken even a basic boating 
safety course. Finally the NTSB found that accident reporting is poor 
and that the reports submitted are incomplete.
  This bill addresses these four problems. First, to increase the use 
of personal floatation devices, the bill requires children 12 years old 
and under to wear lifejackets on the open deck of vessels 26 feet or 
less in length. Second, to reduce boating accidents involving alcohol, 
the bill provides financial incentives for States to adopt 
comprehensive boating-while-intoxicated laws. Third, to improve the 
safety record of boaters, the bill requires boat operators who are 
convicted of drunk boating or negligent operations to take a Coast 
Guard-approved boating safety course. Finally, to improve accident 
reporting, the bill establishes a penalty for boaters who do not report 
accidents to appropriate State officials.
  This is a good bill. It enjoys the support of the boating public, and 
I urge all Members to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FIELD of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FIELD of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. FIELDS of Texas. Mr. Speaker, I rise in strong support of H.R. 
3786, the Recreational Boating Safety Improvement Act of 1994. This 
bill contains the most important requirements of my bill, H.R. 2812, 
the Recreational Boating Safety Act of 1993.
  I am pleased that the House is acting on this important legislation 
today, and I hope that the President will have an opportunity to sign 
the bill into law before the summer boating season. I want to thank the 
distinguished chairman of the Merchant Marine and Fisheries Committee 
for his cooperation and hard work in expediting consideration of this 
important piece of legislation.
  Boating deaths are the second-largest category of transportation 
fatalities, exceeded only by highway deaths. Alcohol is a contributing 
factor in at least half of all boating accidents. Nearly 85 percent of 
all persons who drown in recreational boating accidents are not wearing 
lifejackets, and only 37 States require individuals aboard recreational 
vessels to wear lifejackets.
  I believe that we must act now to require our children to wear 
lifejackets to protect them from drowning in boating accidents. H.R. 
3786 requires children 12 years and younger to wear a lifejacket or 
other Coast Guard-approved floatation device aboard recreational 
vessels under 26 feet in length. Second, we must crack down on 
violators of boating-while-intoxicated [BWI] laws, and encourage the 
States to enact tougher BWI laws. H.R. 3786 requires individuals who 
commit serious boating law violations to take a boating safety course, 
and provides $10 million in additional boating safety funds for States 
that enact tough BWI laws.
  One of the most important safety issues not mentioned in this bill 
concerns the approval of fully inflatable lifejackets by the Coast 
Guard. I will be following the Coast Guard's action on fully 
inflatables in the future to ensure that the Coast Guard has made 
satisfactory progress toward approval of fully inflatable lifejackets 
for use by the boating public.
  Unfortunately, Mr. Speaker, the President has proposed to cut the 
State boating safety grant program as part of his fiscal year 1995 
budget. That program is fully funded by the fuel taxes paid by 
recreational boaters, and it is wrong to ask recreational boaters to 
pay the tax without the benefits of State boating safety programs.
  I think that we should spend more, not less, of the fuel tax paid by 
recreational boaters for the important boating safety purpose for which 
it is collected. Boating safety should be a Coast Guard priority, and 
targeting more fuel tax dollars in this area will ensure that boating 
safety issues get the attention they deserve.
  Mr. Speaker, this legislation will save lives and reduce the number 
of injuries that occur on America's waterways each year. H.R. 3786 has 
been endorsed by the American Academy of Pediatrics, the National 
Association of State Boating Law Administrators, and the National 
Marine Manufacturers Association. I urge my colleagues to vote ``aye'' 
on this important legislation.
  Mr. TAUZIN. Mr. Speaker, I rise today to urge the passage of H.R. 
3786, the Recreational Boating Safety Improvement Act of 1994, as 
amended. I introduced H.R. 3786 after combining the most important 
provisions of two previous bills which I and the distinguished ranking 
member of the Committee on Merchant Marine and Fisheries, the Honorable 
Jack Fields of Texas, introduced last year to improve recreational 
boating safety.
  I would also like to thank the distinguished chairman of the 
Committee on Merchant Marine and Fisheries, the Honorable Gerry Studds, 
for his leadership, endorsement, and prompt consideration of H.R. 3786. 
This comprehensive, bipartisan bill is the result of a concerted effort 
by many organizations involved in boating safety to improve Federal 
laws and funding.
  Mr. Speaker, H.R. 3786 will create a Federal requirement for the 
mandatory wearing of lifejackets for children, encourage States to 
adopt important boating-while-intoxicated laws, require the Secretary 
of Transportation to submit a plan to increase the reporting of vessel 
accidents to State law enforcement officials, and require boating 
safety violators to take a boating safety course.
  Boating can be a safe and enjoyable experience if certain minimum 
steps are taken, such as requiring lifejackets for children and having 
general boating safety knowledge. In July 1993, a boating accident 
occurred in Arkansas which tragically illustrated the problem. Five of 
the seven victims were children ranging in age from 18 months to 10 
years, none of whom were wearing lifejackets. Lifejackets could have 
saved these innocent lives.
  H.R. 3786 will significantly improve the ability of States and the 
Coast Guard to protect the safety of thousands of Americans who enjoy 
boating on our Nation's waterways, such as children who are often less 
skilled, physically and emotionally immature, and generally unable to 
care for themselves. As a strong supporter of boating safety, I am 
confident that passage of this new legislation will save countless 
children's lives, take drunk boaters off the water, provide for better 
accident reporting, and educate those who violate our boating safety 
laws.
  Mr. FIELDS of Texas. Mr. Speaker, I yield back the balance of my 
time.
  Mr. STUDDS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts [Mr. Studds] that the House suspend the 
rules and pass the bill, H.R. 3786, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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