IB 
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 re-
ferred 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’ Compensa-
tion Act to clarify the exemption for recreational vessel 
support employees, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 WORK-
ER 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 en-
gaged 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 dis-
mantle 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 subpara-
graphs (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))’’.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recreational Marine 
Employment Act of 2005’’.
SEC. 2. CLARIFICATION OF RECREATIONAL VESSEL WORK-
ER 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 en-
gaged 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 dis-
mantle 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, re-
pair, test, maintain, accommodate, buy, sell, store, re-
store, or dismantle recreational vessels. 
‘‘(23) The term ‘recreational vessel’ means a ves-
sel 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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed