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.

• "