I 
114TH CONGRESS 
1ST SESSION 
H. R. 436 
To amend the Longshore and Harbor Workers’ Compensation Act to provide 
a definition of recreational vessel for purposes of such Act. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2015 
Ms. WASSERMAN SCHULTZ (for herself, Ms. FRANKEL of Florida, Ms. WIL-
SON of Florida, Mr. DEUTCH, Mr. MURPHY of Florida, Mr. HUNTER, Mr. 
DIAZ-BALART, and Ms. ROS-LEHTINEN) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
A BILL 
To amend the Longshore and Harbor Workers’ Compensa-
tion Act to provide a definition of recreational vessel 
for purposes of such Act. 
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 ‘‘Longshore and Harbor 
Workers’ Compensation Clarification Act of 2015’’. 
SEC. 2. DEFINITION OF RECREATIONAL VESSEL. 
(a) DEFINITION.—Section 2 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 902) is 
amended— 
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(1) by redesignating paragraph (22) as para-
graph (23); and 
(2) by inserting after paragraph (21) the fol-
lowing: 
‘‘(22)(A) The term ‘recreational vessel’ means a 
vessel— 
‘‘(i) being manufactured or operated pri-
marily for pleasure; or 
‘‘(ii) leased, rented, or chartered to an-
other for the latter’s pleasure. 
‘‘(B) In applying the definition in subparagraph 
(A), the following rules apply: 
‘‘(i) A vessel being manufactured or built, 
or being repaired under warranty by its manu-
facturer or builder, is a recreational vessel if 
the vessel appears intended, based on its design 
and construction, to be for ultimate recreational 
uses. The manufacturer or builder bears the 
burden of establishing that a vessel is rec-
reational under this standard. 
‘‘(ii) A vessel being repaired, dismantled 
for repair, or dismantled at the end of its life 
will be treated as recreational at the time of re-
pair, dismantling for repair, or dismantling, 
provided that such vessel shares elements of de-
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sign and construction of traditional recreational 
vessels and is not normally engaged in a mili-
tary, commercial, or traditionally commercial 
undertaking. 
‘‘(iii) A vessel will be treated as a rec-
reational vessel if it is a public vessel, such as 
a vessel owned or chartered and operated by the 
United States, or by a State or political subdivi-
sion thereof, at the time of repair, dismantling 
for repair, or dismantling, provided that such 
vessel shares elements of design and construc-
tion with traditional recreational vessels and is 
not normally engaged in a military, commercial, 
or traditionally commercial undertaking.’’. 
(b) REGULATIONS.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Labor shall 
revise the regulations in section 701.501 of title 20, Code 
of Federal Regulations, by deleting the text of subsections 
(a) and (b) of such section and replacing it with only the 
text of the definition of recreational vessel in section 2(22) 
of the Longshore and Harbor Workers’ Compensation Act, 
as added by subsection (a). 
Æ 
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