[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 940 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 940

To amend the Longshore and Harbor Workers' Compensation Act to clarify 
the exemption for recreational vessel support employees, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

   Mr. Keller (for himself, Mr. Ehlers, Mr. Hoekstra, Mr. Weldon of 
Florida, Mr. Shaw, Ms. Ros-Lehtinen, Mr. Foley, Ms. Harris, Mr. Dicks, 
Mr. Jones of North Carolina, Mr. Duncan, Mr. Renzi, Mr. Brown of South 
 Carolina, Mrs. Miller of Michigan, Mr. Taylor of Mississippi, and Mr. 
    Upton) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Longshore and Harbor Workers' Compensation Act to clarify 
the exemption for recreational vessel support employees, 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 Marine Employment Act 
of 2005''.

SEC. 2. CLARIFICATION OF RECREATIONAL VESSEL WORKER EXEMPTION.

    The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
et seq.) is amended as follows:
            (1) Section 2 (33 U.S.C. 902) is amended--
                    (A) in paragraph (3)--
                            (i) so that subparagraph (C) reads as 
                        follows:
                    ``(C) individuals employed by or at, or engaged in 
                the construction or maintenance of, a recreational 
                marine facility or structure;'';
                            (ii) so that subparagraph (F) reads as 
                        follows:
                    ``(F) individuals employed principally to build, 
                repair, test, maintain, accommodate, buy, sell, store, 
                restore, transport by land, or dismantle a recreational 
                vessel;''; and
                            (iii) by striking the unenumerated text 
                        following subparagraph (H) and inserting the 
                        following:
 ``if the employer of an individual described in subparagraphs (A) 
through (F) is in compliance with a State workers' compensation law.''; 
and
                    (B) by redesignating paragraph (22) as paragraph 
                (24) and inserting after paragraph (21) the following 
                new paragraphs:
            ``(22) The term `recreational marine facility or structure' 
        means a place used principally to build, repair, test, 
        maintain, accommodate, buy, sell, store, restore, or dismantle 
        recreational vessels.
            ``(23) The term `recreational vessel' means a vessel 
        manufactured principally for pleasure use.''.
            (2) Section 5(b) (33 U.S.C. 905(b)) is amended by striking 
        ``a person covered under this Act'' and inserting ``a person in 
        maritime employment who does not qualify as a seaman under 
        section 20 of the Act of March 4, 1915 (46 App. U.S.C. 688; 
        Chap. 153; 38 Stat. 1185) (as such section was amended by 
        section 33 of the Merchant Marine Act, 1920 (Chap. 250, 41 
        Stat. 1007; commonly known as the Jones Act))''.
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