Longshore and Harbor Workers' Compensation Clarification Act of 2014

Bill: 113-hr-3896
Sponsor: full_name: Rep. Wasserman Schultz, Debbie [D-FL-23]
Introduced: 2014-01-16
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Department of Labor

Disability assistance

Marine and inland water transportation

Navigation, waterways, harbors

Transportation employees

Worker safety and health
Latest action: action_date: 2014-07-30
text: Received in the Senate.

Summaries:
action_date: 2014-01-16
action_desc: Introduced in House
text: <p>Amends the Longshore and Harbor Workers' Compensation Act to define &quot;recreational vessel&quot; as a vessel:</p> <ul> <li>being manufactured or operated primarily for pleasure; or</li> <li>leased, rented, or chartered to another for the latter's pleasure.</li> </ul> <p>Prescribes the following rules in applying the definition:</p> <ul> <li>a vessel being manufactured or built, or being repaired under warranty by its manufacturer or builder, is a recreational vessel if the vessel appears intended, based on its design and construction, to be for ultimate recreational uses. Requires the manufacturer or builder to bear the burden of establishing that a vessel is recreational under this standard;</li> <li>a vessel being repaired, dismantled for repair, or dismantled at the end of its life will be treated as recreational at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking; and</li> <li>a vessel will be treated as a recreational 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 local government, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction with traditional recreational vessels and is not normally engaged in a military, commercial, or traditionally commercial undertaking.</li> </ul> <p>Requires the Secretary of Labor to amend a certain federal regulation to replace its definition of &quot;recreational vessel&quot; with the definition specified in this Act.</p>

action_date: 2014-07-29
action_desc: Passed House amended
text: <p>Longshore and Harbor Workers' Compensation Clarification Act of 2014 - Amends the Longshore and Harbor Workers' Compensation Act to define &quot;recreational vessel&quot; as a vessel:</p> <ul> <li>being manufactured or operated primarily for pleasure; or</li> <li>leased, rented, or chartered to another for the latter's pleasure.</li> </ul> <p>Prescribes the following rules in applying the definition:</p> <ul> <li>a vessel being manufactured or built, or being repaired under warranty by its manufacturer or builder, is a recreational vessel if the vessel appears intended, based on its design and construction, to be for ultimate recreational uses. Requires the manufacturer or builder to bear the burden of establishing that a vessel is recreational under this standard;</li> <li>a vessel being repaired, dismantled for repair, or dismantled at the end of its life will be treated as recreational at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking; and</li> <li>a vessel will be treated as a recreational 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 local government, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction with traditional recreational vessels and is not normally engaged in a military, commercial, or traditionally commercial undertaking.</li> </ul> <p>Requires the Secretary of Labor to amend a certain federal regulation to replace its definition of &quot;recreational vessel&quot; with the definition specified in this Act.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 3896 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Ms. Wasserman Schultz (for herself, Mr. Petri , Ms. Frankel of Florida , Ms. Ros-Lehtinen , Mr. Murphy of Florida , Mr. Diaz-Balart , and Ms. Wilson of Florida ) 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 provide a definition of recreational vessel for purposes of such Act.

1. Definition of Recreational vessel (a) Definition Section 2 of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902 ) is amended— (1) by redesignating paragraph (22) as paragraph (23); and (2) by inserting after paragraph (21) the following: (22) (A) The term recreational vessel means a vessel— (i) being manufactured or operated primarily for pleasure; or (ii) leased, rented, or chartered to another 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 manufacturer 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 recreational 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 repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking. (iii) A vessel will be treated as a recreational 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 subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction 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— (1) amend 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 vehicle in section 2(22) of the Longshore and Harbor Workers' Compensation Act, as added by subsection (a); and (2) make no further modification to such definition in another regulation or any administrative directive.

tv_txt: I 113th CONGRESS 2d Session H. R. 3896 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Longshore and Harbor Workers’ Compensation Act to provide a definition of recreational vessel for purposes of such Act.

1. Short title This Act may be cited as the Longshore and Harbor Workers’ Compensation Clarification Act of 2014 . 2. Definition of Recreational vessel (a) Definition Section 2 of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902 ) is amended— (1) by redesignating paragraph (22) as paragraph (23); and (2) by inserting after paragraph (21) the following: (22) (A) The term recreational vessel means a vessel— (i) being manufactured or operated primarily for pleasure; or (ii) leased, rented, or chartered to another 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 manufacturer 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 recreational 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 repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial, or traditionally commercial undertaking. (iii) A vessel will be treated as a recreational 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 subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction 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— (1) amend 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); and (2) make no further modification to such definition in another regulation or any administrative directive.

Passed the House of Representatives July 29, 2014. Karen L. Haas, Clerk.

tv_txt: 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. Short title This Act may be cited as the Longshore and Harbor Workers’ Compensation Clarification Act of 2014 . 2. Definition of Recreational vessel (a) Definition Section 2 of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902 ) is amended— (1) by redesignating paragraph (22) as paragraph (23); and (2) by inserting after paragraph (21) the following: (22) (A) The term recreational vessel means a vessel— (i) being manufactured or operated primarily for pleasure; or (ii) leased, rented, or chartered to another 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 manufacturer 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 recreational 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 repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial, or traditionally commercial undertaking. (iii) A vessel will be treated as a recreational 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 subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction 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— (1) amend 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); and (2) make no further modification to such definition in another regulation or any administrative directive.

Passed the House of Representatives July 29, 2014. Karen L. Haas, Clerk