33 U.S.C. § 948 — Laws inapplicable

Page 317 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 948a Subsec. (k). Pub. L. 92–576, § 8(d), incorporated former provisions of subsec. (c)(1), last proviso, in provisions designated as subsec. (k). 1956—Subsec. (a). Act July 26, 1956, § 8(a), substituted ‘‘, of subsection (b) of section 918 of this title, and of subsection (c) of section 939 of this title’’ for ‘‘of this title.’’ Subsec. (c)(1). Act July 26, 1956, § 8(b), substituted pro- visions relating to availability of fund for payments under sections 908(f) and (g), 918(b), and 939(c) of this title, proviso that subsec. (f) payments have priority, and further proviso requiring annual audit, for former provision that fifty per centum of each payment shall be available for the payments under section 908(f) and (g) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with cer- tain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Com- mandant of Coast Guard, were excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. §§ 945 to 947. Repealed. Pub. L. 98–426, § 25, Sept. 28, 1984, 98 Stat. 1654 Section 945, act Mar. 4, 1927, ch. 509, § 45, 44 Stat. 1445, provided for creation of a fund to provide for payment of all expenses connected with administration of this chapter. See section 944 of this title. Section 946, act Mar. 4, 1927, ch. 509, § 46, 44 Stat. 1445, appropriated $250,000 to be available for expenses of ad- ministration of this chapter for fiscal years ending June 30, 1927, and June 30, 1928. Section 947, act Mar. 4, 1927, ch. 509, § 47, 44 Stat. 1445, provided for availability of appropriations for salaries and contingent expenses in administration of this chap- ter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as an Effective Date of 1984 Amendment note under section 901 of this title. § 948. Laws inapplicable Nothing in sections 4283, 4284, 4285, 4286, or 4289 of the Revised Statutes, as amended, nor in sec- tion 18 of the Act entitled ‘‘An act to remove certain burdens on the American merchant ma- rine and encourage the American foreign car- rying trade, and for other purposes,’’ approved June 26, 1884, as amended, shall be held to limit the amount for which recovery may be had (1) in any suit at law or in admiralty where an em- ployer has failed to secure compensation as re- quired by this chapter, or (2) in any proceeding for compensation, any addition to compensa- tion, or any civil penalty. (Mar. 4, 1927, ch. 509, § 48, 44 Stat. 1446.) Editorial Notes REFERENCES IN TEXT Sections 4283, 4284, 4285, 4286, and 4289 of the Revised Statutes, referred to in text, were classified to sections 183, 184, 185, 186, and 188, respectively, of the former Ap- pendix to Title 46, Shipping, and were repealed and re- stated in chapter 305 of Title 46, Shipping, by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. Section 18 of the Act entitled ‘‘An act to remove cer- tain burdens on the American merchant marine and en- courage the American foreign carrying trade, and for other purposes,’’ approved June 26, 1884, as amended, re- ferred to in text, is section 18 of act June 26, 1884, ch. 121, 23 Stat. 57, which was classified to section 189 of the former Appendix to Title 46, Shipping, and was re- pealed and restated in section 30505 of Title 46, Ship- ping, by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. Section 30505 of Title 46 was subsequently re- numbered section 30523 of Title 46 by Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130. § 948a. Discrimination against employees who bring proceedings; penalties; deposit of pay- ments in special fund; civil actions; entitle- ment to restoration of employment and com- pensation, qualifications requirement; liabil- ity of employer for penalties and payments; insurance policy exemption from liability 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 compensa- tion from such employer, or because he has tes- tified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section. Any employer who violates this section shall be liable to a pen- alty of not less than $1,000 or more than $5,000, as may be determined by the deputy commis- sioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States dis- trict 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: Provided, That if such employee shall cease to be qualified to perform the duties of his employ- ment, he shall not be entitled to such restora- tion 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. (Mar. 4, 1927, ch. 509, § 49, as added Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263; amended Pub. L. 98–426, § 26, Sept. 28, 1984, 98 Stat. 1654.)