Recreational Vessels, yet again. A further inconsistency

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).