II 

113TH CONGRESS 

2D SESSION H. R. 3896 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2014 

Received 

AN ACT 

To amend the Longshore and Harbor Workers’ Compensation Act to provide a definition of recreational vessel 

for purposes of such Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Longshore and Harbor 

3 Workers’ Compensation Clarification Act of 2014’’. 

4 SEC. 2. DEFINITION OF RECREATIONAL VESSEL. 

5 (a) DEFINITION.—Section 2 of the Longshore and 

6 Harbor Workers’ Compensation Act (33 U.S.C. 902) is 

7 amended— 

8 (1) by redesignating paragraph (22) as para9 graph (23); and 

10 (2) by inserting after paragraph (21) the fol11 lowing: 

12 ‘‘(22)(A) The term ‘recreational vessel’ means a 

13 vessel— 

14 ‘‘(i) being manufactured or operated pri15 marily for pleasure; or 

16 ‘‘(ii) leased, rented, or chartered to an17 other for the latter’s pleasure. 

18 ‘‘(B) In applying the definition in subparagraph 

19 (A), the following rules apply: 

20 ‘‘(i) A vessel being manufactured or built, 

21 or being repaired under warranty by its manu22 facturer or builder, is a recreational vessel if 

23 the vessel appears intended, based on its design 

24 and construction, to be for ultimate recreational 

25 uses. The manufacturer or builder bears the 


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1 burden of establishing that a vessel is rec2 reational under this standard. 

3 ‘‘(ii) A vessel being repaired, dismantled 

4 for repair, or dismantled at the end of its life 

5 will be treated as recreational at the time of re6 pair, dismantling for repair, or dismantling, 

7 provided that such vessel shares elements of de8 sign and construction of traditional recreational 

9 vessels and is not normally engaged in a mili10 tary, commercial, or traditionally commercial 

11 undertaking. 

12 ‘‘(iii) A vessel will be treated as a rec13 reational vessel if it is a public vessel, such as 

14 a vessel owned or chartered and operated by the 

15 United States, or by a State or political subdivi16 sion thereof, at the time of repair, dismantling 

17 for repair, or dismantling, provided that such 

18 vessel shares elements of design and construc19 tion with traditional recreational vessels and is 

20 not normally engaged in a military, commercial, 

21 or traditionally commercial undertaking.’’. 

22 (b) REGULATIONS.—Not later than 90 days after the 

23 date of enactment of this Act, the Secretary of Labor 

24 shall— 


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1 (1) amend the regulations in section 701.501 of 

2 title 20, Code of Federal Regulations, by deleting 

3 the text of subsections (a) and (b) of such section 

4 and replacing it with only the text of the definition 

5 of recreational vessel in section 2(22) of the 

6 Longshore and Harbor Workers’ Compensation Act, 

7 as added by subsection (a); and 

8 (2) make no further modification to such defini9 tion in another regulation or any administrative di10 rective. 

Passed the House of Representatives July 29, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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