86 STAT. 1264 Penalty. Ante, p. 1256. 52 Stat. 1165. 33 USC 908. Agreed settle 44 Stat. 1434. 182 "DISCRIMINATION AGAINST EMPLOYEES WHO BRING PROCEEDINGS "SEC. 49. It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this Act. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 44, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Prorided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void." MISCELLANEOUS PROVISIONS SEC. 20. (a) Section 8(i) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(i)(A) Whenever the deputy commissioner determines that is is for the best interests of an injured employee entitled to compensaments, approval. tion, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15(b) and section 16 of this act: 33 USC 915, 916. Provided, That if the employee should die from causes other than the injury after the deputy commissioner has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection (d) of this section. "(B) Whenever the Secretary determines that it is for the best interests of the injured employee entitled to medical benefits, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such medical benefits, notwithstanding the provisions of section 16 of this act : Provided, That if the employee should die from causes other than the injury after the Secretary has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subdivision, to and for the benefit of the persons enumerated in subdivision (d) of this section." 52 Stat. 1167. 33 USC 917. Lien on compensation. 73 Stat. 537; 83 Stat. 133. (b) Section 17 of such Act is amended by inserting “(a)” immediately after the section designation and by adding at the end thereof the following new subsection: "(b) Where a trust fund which complies with section 302 (c) of the Labor-Management Relations Act of 1947 (29 U.S.C. 186(c)) established pursuant to a collective-bargaining agreement in effect between an employer and an employee entitled to compensation under this Act has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compen sation under this Act, the Secretary may authorize a lien on such compensation in favor of the trust fund for the amount of such payments." 86 STAT. 1265 (c) (1) Section 2 of the Longshoremen's and Harbor Workers' Com- 44 Stat. 1424; pensation Act as amended by this Act is further amended by striking Ante, pp. 1251, out subsections (16) and (17) and inserting in lieu thereof the follow- 1253, 1262, ing new subsection (16) and by redesignating subsections 2 (18), (19), (20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), respectively. 1263. (16) The terms 'widow or widower' includes only the decedent's "Widow or wife or husband living with or dependent for support upon him or widower." her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time." (2) Section 9 of the Longshoremen's and Harbor Workers' Com pensation Act, as amended by this Act, is further amended by striking Ante, pp. 1253, the phrase "surviving wife or dependent husband" each time it appears 1257. and inserting in lieu thereof the phrase "widow or widower". (3) The amendments made by this subsection shall apply only with respect to deaths or injuries occurring after the enactment of this Act. TECHNICAL AMENDMENT SEC. 21. Section 3(a)(1) of the Longshoremen's and Harbor Work ers' Compensation Act is amended by striking out the word "nor" and 44 Stat. 1426. inserting in lieu thereof the word "or". EFFECTIVE DATE SEC. 22. The amendments made by this Act shall become effective thirty days after the date of enactment of this Act. Approved October 27, 1972. 33 USC 903. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1441 accompanying H. R. 12006 (Comm. on SENATE REPORT No. 92-1125 (Comm. on Labor and Public Welfare). Sept. 14, considered and passed Senate. Oct. 14, considered and passed House, amended, in lieu of H. R. 12006; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 45: Oct. 30, Presidential statement. Public Law 92-590 92nd Congress, S. 3524 October 27, 1972 An Act To extend the provisions of the Commercial Fisheries Research and Development 86 STAT. 1303 Commercial Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(a) of the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779b (a)), as amended, is further amended by changing the words "for the fiscal year beginning July 1, 1969, and for the three" to "for the fiscal year beginning July 1, 1973, and for the four”. SEC. 2. Section 4 (c) of the Commercial Fisheries Research and Development Act of 1964, as amended, is further amended by chang- 82 Stat. 957. ing the words "for the fiscal year beginning July 1, 1969," to "for the fiscal year beginning July 1, 1973,". SEC. 3. Section 4(b) of the Commercial Fisheries Research and Development Act of 1964, as amended, is further amended by changing the words "for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, $650,000 in each year," to "for the fiscal year beginning July 1, 1973, and for the four succeeding fiscal years, $1,500,000 in each such year,". SEC. 4. The provisions of this Act shall be effective July 1, 1973. 78 Stat. 197; Effective date. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1489 aocompanying H.R. 14384. (Comm. on Merohant SENATE REPORT No. 92-1030 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Aug. 11, oonsidered and passed Senate. Oct. 11, considered and passed House, amended, in lieu of H.R. 14384. Oot. 14, Senate concurred in House amendment. Public Law 92-594 92nd Congress, S. 3545 October 27, 1972 An Act To amend section 7 of the Fishermen's Protective Act of 1967. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (e) of section 7 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977 (e)), is amended to read as follows: (e) The provisions of this section shall be effective until July 1, 1977.". SEO. 2. Clause (1) of subsection (f) of section 7 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(f) (1)), is amended to read as follows: "(1) the term 'Secretary' means the Secretary of Commerce.". Approved October 27, 1972. 86 STAT. 1313 Fishermen's 82 Stat. 729. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1487 accomparing H.R. 14385 (Comm. on Merchant SINATE REPORT No. 92-950 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): July 18, considered and passed Senate. Oct. 14, considered and passed House, in lieu of H.R. 14385. Public Law 92-601 92nd Congress, S. 3358 October 27, 1972 An Act To prohibit the use of certain small vessels in United States fisheries. 86 STAT. 1327 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the U.S. fisheries. five-year period beginning on the date of the enactment of this Act, it shall be unlawful for any person on board any prohibited vessel— (1) to transfer at sea or cause to be transferred at sea any prohibited fish; or (2) to land or cause to be landed any prohibited fish in any port of the United States. SEC. 2. (a) Any person who knowingly (1) violates the first section of this Act; (2) takes, sells, transfers, purchases, or receives any prohibited fish which are transferred or landed in violation of the first section of this Act; or (3) violates any regulation issued pursuant to section 4 of this Act; shall be liable to a civil penalty of not more than $1,000, in addition to any other penalty provided by law. Each separate unlawful transfer or landing of prohibited fish shall constitute a separate violation of the first section of this Act. (b) Any prohibited fish transferred or landed in violation of the first section of this Act, or the monetary value thereof, shall be subject to forfeiture. Prohibited vessels and fish. Violations and penalty. SEC. 3. (a) The judges of the United States district courts and the Enforcement. United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. (b) Enforcement of this Act and the regulations issued pursuant thereto shall be the joint responsibility of the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. (c) Any person authorized to carry out enforcement activities here- Warrants. under shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act and the regulations issued pursuant thereto. (d) Such person so authorized shall have the power, with or without Vessel search. a warrant or other process, to search any vessel subject to the juris diction of the United States. (e) Such person so authorized may seize, whenever and wherever Seizure. lawfully found, all prohibited fish transferred, landed, taken, sold, purchased, or received in violation of the provisions of this Act or the regulations issued pursuant thereto. Anv prohibited fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary concerned. 62 Stat. 974. (f) Notwithstanding the provisions of section 2464 of title 28, United Bond. States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any prohibited fish seized if the process has been levied, on receiving from the claimant of the prohibited fish a bond or stipulation for the value of the property with |