Recreational Vessels Again.
Representative Debbie Wasserman Schultz has introduced a
bill, H.R. 3896, to amend the Longshore and Harbor Workers' Compensation
Act. In fact, the amendment really
modifies the regulations at 20 C.F.R. §701.501, the definition of “recreational
vessel”.
Description
The ARRA Act of 2009 amended the definition of
“employee” to exclude “individuals employed to build any recreational vessel,
or individuals employed to repair any recreational vessel, or to dismantle any
part of a recreational vessel in connection with the repair of such
vessel”.
Subsequently the Department of Labor issued
regulations, which defined the term “recreational vessel”, and established
effective dates for the changes depending on the injury. The fundamental definition of “recreational
vessel” in the regulations was taken from the Coast Guard definition, and will
be embalmed in statute, if the bill is enacted.
20 C.F.R. §701.501 contained three
subsections. Subsection (a) contained
the definition. Subsection (b)(2)
contained some exclusions based on other statutes, and, at (b)(3) contained a
paragraph “deeming recreational” public vessels, i.e. a vessel owned by the
United States, or by a State or political subdivision thereof. Subsection (c) adopted subsequent amendments
to the statutes listed in (b)(2).
H.R. 3896 has one section. Subsection (a) amends the current statute by
redesignating Section 2(22) as section 2(23), and adding a new section
2(22). The new Paragraph 22 has two
sub-paragraphs.
Sub-paragraph (A) recites the definition of a
recreational vessel from 20 C.F.R. §701.501, thus confirming the definition proposed
and adopted by the Department of Labor.
Sub-paragraph (B) enacted rules for applying the
definition of “recreational vessels”.
Clause (i) deals with vessels being manufactured or
built and is identical to §701.501(b)(1).
Clause (ii) is new.
It replaces 501(b)(2) with a positive rule for vessels being repaired in
language similar to clause (i). There
are no longer any of the exclusions.
Clause (iii) provides the rule for public vessels, and is
substantially similar to 501(b)(3).
Section 1(b) is entitled “Regulations” and requires the
Department of Labor, within 90 days of enactment of the bill, to amend 20
C.F.R. §701.501 “by deleting the text of sub-sections (a) and (b) of such
section and replacing it with only the text of the definition of recreational
vehicle [sic] in section 2(22) of the Longshore and Harbor Workers'
Compensation Act, as added by subsection (a);” and requires the Department of Labor
to make no further modification to such definition in another regulation or any
administrative directive.
Comment
Note two apparent inconsistencies. The reference to “recreational vehicles”
should clearly be “recreational vessels”, and to the requirement to delete
sub-sections (a) and (b) should be added sub-section (c), which refers to the
now deleted sub-section (b).
