Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing.
Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel.
Amends federal shipping law to revise state recreational boating safety program requirements.
Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program.
Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4642 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4642
To require all recreational vessels to have and post passenger capacity
limits, to amend title 46, United States Code, to authorize States to
enter into contracts for the provision of boating safety education
services under State recreational boating safety programs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2014
Mr. Israel introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Ways and Means and Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require all recreational vessels to have and post passenger capacity
limits, to amend title 46, United States Code, to authorize States to
enter into contracts for the provision of boating safety education
services under State recreational boating safety programs, 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 ``Boating Occupancy and Teaching
Safety Act'' or the ``BOATS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Flying bridge.--The term ``flying bridge'' means an
open deck above the main navigating bridge of a recreational
vessel.
(2) Passenger.--The term ``passenger'' includes any
individual aboard a vessel.
(3) Recreational vessel.--
(A) In general.--The term ``recreational vessel''
means any vessel of greater than 20 feet and less than
45 feet overall in length, that is--
(i) manufactured or used primarily for
pleasure; or
(ii) leased, rented, or chartered to a
person for the pleasure of that person.
(B) Exclusion.--The term ``recreational vessel''
does not include a vessel that--
(i) is subject to Coast Guard inspection;
(ii) is constructed before January 1, 2016;
and
(iii)(I) is engaged in commercial use; or
(II) carries paying passengers.
SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) establish standards for determining the maximum
passenger capacity in whole number of passengers and in pounds
for recreational vessels;
(2) require each manufacturer of a passenger vessel to post
such maximum passenger capacity on the passenger vessel as
described in subsection (b); and
(3) require each operator of a passenger vessel to ensure
that--
(A) such maximum passenger capacity is posted as
described in subsection (b) and legible to passengers;
and
(B) notice of the need to balance the weight
carried by the vessel to avoid capsizing is posted as
described in subsection (b) and legible to passengers.
(b) Elements and Locations of Displays.--The maximum passenger
capacity, maximum carrying capacity in pounds, and notice of the need
to balance the carried weight for a passenger vessel shall each be
permanently displayed in a legible matter--
(1) in a location that is clearly visible to a passenger
boarding the passenger vessel; and
(2) on each flying bridge of the vessel, in a location that
is clearly visible to a passenger on the flying bridge.
(c) Penalties.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall publish
regulations that establish appropriate penalties for a manufacturer of
a recreational vessel that does not comply with the requirements of
this section.
(d) Application.--The requirements of this section shall apply to
any recreational vessel manufactured after the date that is 180 days
after the date of the enactment of this Act.
SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS.
(a) Program Acceptance.--Section 13103 of title 46, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) contracting practices in accordance with subsection
(e).''; and
(2) by adding at the end the following:
``(e) Contracting.--
``(1) In general.--A State carrying out a State
recreational boating safety program may enter into a contract
with a local government or private entity to have the
government or entity provide boating safety education services
under the program.
``(2) Expenditure requirement.--Each fiscal year, a State
carrying out a State recreational boating safety program shall
expend on contracts described in paragraph (1) not less than 5
percent of the Federal amounts received by that State in that
fiscal year under this chapter.
``(3) Considerations.--In entering into contracts under
paragraph (1), a State shall consider--
``(A) the need for geographic diversity among the
local governments and private entities providing
education services under the contracts;
``(B) the need to have education services that
address the various vessels utilized in the State;
``(C) the need to have education services that
address the various waterways in the State; and
``(D) all the costs related to providing education
services under the contracts that may affect the local
governments and private entities providing the
services.
``(4) Eligibility.--
``(A) In general.--To be eligible to enter into a
contract under paragraph (1), a local government or
private entity shall--
``(i) submit to the appropriate State lead
authority or agency designated under subsection
(a)(4) a detailed proposal for the provision of
boating safety education services; and
``(ii) certify that the government or
entity will not profit financially from
providing the services.
``(B) Exceptions.--
``(i) Existing providers.--Subparagraph
(A)(i) does not apply to a local government or
private entity that provided boating safety
education services before the date of enactment
of this subsection under standards established
by the relevant State.
``(ii) 501(c)(3) organizations.--
Subparagraph (A)(ii) does not apply to an
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code
if the organization certifies to the relevant
State that all relevant profits will be used to
advance boating safety.
``(5) Education services criteria.--The Secretary, in
consultation with States and relevant stakeholders, shall
establish criteria for the boating safety education services
provided by local governments and private entities under this
subsection. Using the criteria, a State shall establish
outlines specifying the requirements for education services in
that State and education services in that State shall be
provided in accordance with the outlines.
``(6) Additional contracting.--A local government that
enters into a contract under paragraph (1) to provide boating
safety education services may contract with a private entity to
receive assistance with the provision of those services.
``(7) Advertising.--A local government or private entity
that enters into a contract under paragraph (1) to provide
boating safety education services may utilize funds provided
under that contract to advertise such services.
``(8) Report.--Each fiscal year, a State that entered into
contracts under this subsection shall submit to the Secretary a
report specifying the governments and entities contracted with
in that fiscal year.''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by
striking ``the MAP-21'' and inserting ``Boating Occupancy and Teaching
Safety Act''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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