33 U.S.C. § 936 — Insurance policies

Page 310 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 936 in the same manner and to the same extent as upon the employer. (Mar. 4, 1927, ch. 509, § 35, 44 Stat. 1441; Pub. L. 92–576, § 15(i), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. 1972—Pub. L. 92–576 inserted reference to the Board in cls. (2) and (3). 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. § 936. Insurance policies (a) Every policy or contract of insurance issued under authority of this chapter shall con- tain (1) a provision to carry out the provisions of section 935 of this title, and (2) a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract. (b) No contract or policy of insurance issued by a carrier under this chapter shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions of subsection (c) of section 912 of this title. (Mar. 4, 1927, ch. 509, § 36, 44 Stat. 1441.) § 937. Certificate of compliance with chapter No stevedoring firm shall be employed in any compensation district by a vessel or by hull owners until it presents to such vessel or hull owners a certificate issued by a deputy commis- sioner assigned to such district that it has com- plied with the provisions of this chapter requir- ing the securing of compensation to its employ- ees. Any person violating the provisions of this section shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and impris- onment. (Mar. 4, 1927, ch. 509, § 37, 44 Stat. 1442.) § 938. Penalties (a) Failure to secure payment of compensation Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprison- ment as herein provided for the failure of such corporation to secure the payment of compensa- tion; and such president, secretary, and treas- urer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of com- pensation as required by section 932 of this title. (b) Avoiding payment of compensation Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his em- ployees has been injured within the purview of this chapter, and with intent to avoid the pay- ment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprison- ment; and in any case where such employer is a corporation, the president, secretary, and treas- urer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine. (c) Effect on other liability of employer This section shall not affect any other liabil- ity of the employer under this chapter. (Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442; June 25, 1938, ch. 685, § 14, 52 Stat. 1168; Pub. L. 98–426, § 22, Sept. 28, 1984, 98 Stat. 1653.) Editorial Notes AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–426 substituted ‘‘$10,000’’ for ‘‘$1,000’’ wherever appearing. 1938—Act June 25, 1938, amended section generally, designating first sentence as subsec. (a) and inserting provisions respecting liability of corporate officers, adding subsec. (b), and designating second sentence as subsec. (c). 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. § 939. Administration by Secretary (a) Prescribing rules and regulations; appointing and fixing compensation of employees; mak- ing expenditures Except as otherwise specifically provided, the Secretary shall administer the provisions of this chapter, and for such purpose the Secretary is authorized (1) to make such rules and regula- tions; (2) to appoint and fix the compensation of such temporary technical assistants and med- ical advisers, and, subject to the provisions of the civil service laws, to appoint, and, in accord- ance with chapter 51 and subchapter III of chap-