[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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