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






                                                  Union Calendar No. 97
109th CONGRESS
  1st Session
                                H. R. 940

                          [Report No. 109-161]

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

                             June 30, 2005

Additional sponsors: Mr. Feeney, Mr. Mack, Mr. Knollenberg, Mr. Kline, 
 Mr. Boustany, Mr. Putnam, Mr. Rogers of Kentucky, Mr. Bilirakis, Mr. 
                     Davis of Florida, and Mr. Wamp

                             June 30, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Recreational Marine 
Employment Act of 2005''.</DELETED>

<DELETED>SEC. 2. CLARIFICATION OF RECREATIONAL VESSEL WORKER 
              EXEMPTION.</DELETED>

<DELETED>    The Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 901 et seq.) is amended as follows:</DELETED>
        <DELETED>    (1) Section 2 (33 U.S.C. 902) is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (3)--</DELETED>
                        <DELETED>    (i) so that subparagraph (C) reads 
                        as follows:</DELETED>
                <DELETED>    ``(C) individuals employed by or at, or 
                engaged in the construction or maintenance of, a 
                recreational marine facility or structure;'';</DELETED>
                        <DELETED>    (ii) so that subparagraph (F) 
                        reads as follows:</DELETED>
                <DELETED>    ``(F) individuals employed principally to 
                build, repair, test, maintain, accommodate, buy, sell, 
                store, restore, transport by land, or dismantle a 
                recreational vessel;''; and</DELETED>
                        <DELETED>    (iii) by striking the unenumerated 
                        text following subparagraph (H) and inserting 
                        the following:</DELETED>
<DELETED> ``if the employer of an individual described in subparagraphs 
(A) through (F) is in compliance with a State workers' compensation 
law.''; and</DELETED>
                <DELETED>    (B) by redesignating paragraph (22) as 
                paragraph (24) and inserting after paragraph (21) the 
                following new paragraphs:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(23) The term `recreational vessel' means a 
        vessel manufactured principally for pleasure use.''.</DELETED>
        <DELETED>    (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))''.</DELETED>

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;'' and
                            (ii) so that subparagraph (F) reads as 
                        follows:
                    ``(F) individuals employed primarily to build, 
                repair, test, maintain, accommodate, buy, sell, store, 
                restore, transport by land, or dismantle a recreational 
                vessel;''; 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 primarily to build, repair, test, maintain, 
        accommodate, buy, sell, store, restore, or dismantle 
        recreational vessels.
            ``(23) The term `recreational vessel' means a vessel 
        manufactured primarily for pleasure use.''.
                                                  Union Calendar No. 97

109th CONGRESS

  1st Session

                               H. R. 940

                          [Report No. 109-161]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 30, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed