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House Bill 4766
116th Congress(2019-2020)
Shellfish Aquaculture Improvement Act of 2019
Introduced
Introduced
Introduced in House on Oct 18, 2019
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Introduced in House 
Oct 18, 2019
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Introduced in House(Oct 18, 2019)
Oct 18, 2019
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
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H. R. 4766 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 4766


To amend title 46, United States Code, to exclude certain aquaculture workers from treatment as seamen for the purpose of liability in the event of injury or death, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 18, 2019

Mr. Young introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 46, United States Code, to exclude certain aquaculture workers from treatment as seamen for the purpose of liability in the event of injury or death, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Shellfish Aquaculture Improvement Act of 2019”.

SEC. 2. Limitation on recovery for certain injuries incurred in shellfish aquaculture activities if a State remedy is available.

(a) In general.—Section 30104 of title 46, United States Code, is amended—

(1) by inserting “(a) In general.—” before the first sentence; and

(2) by adding at the end the following:

“(b) Limitation on recovery by aquaculture workers.—For purposes of subsection (a)—

“(1) IN GENERAL.—The term ‘seaman’ does not include an individual who—

“(A) is an aquaculture worker if State workers’ compensation is available to such individual; and

“(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

“(2) AQUACULTURE WORKER DEFINED.—For purposes of paragraph (1), the term ‘aquaculture worker’ means an individual who—

“(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

“(i) the cleaning, processing, or canning of fish and fish products;

“(ii) the cultivation and harvesting of shellfish; and

“(iii) the controlled growing and harvesting of other aquatic species;

“(B) does not hold a license issued under section 7101(c) of this title; and

“(C) is not required to hold a merchant mariner credential under part F of subtitle II of this title.”.

(b) Effective date.—The amendments made by this section shall apply to injuries incurred on or after the date of enactment of this Act.