Public Law 92-569 October 26, 1972 An Act To amend the Fishermen's Protective Act of 1987 to expedite the reimbursement of United States vessel owners for charges paid by them for the release of vessels and crews illegally seized by foreign countries, to strengthen the provisions therein relating to the collection of claims against such foreign countries for amounts so reimbursed and for certain other amounts, and for other purposes. Protective Act of 1967, amendments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(b) Fishermen's of the Fishermen's Protective Act of 1967 (22 U.S.C. 1972(b)) is amended by striking out "and to secure the release of such vessel and crew." and inserting in lieu thereof the following: ", to secure the release of such vessel and crew, and to immediately ascertain the amount of any fine, fee, or other direct charge which may be reimbursable under section 3(a)." SEC. 2. Section 3 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1973) is amended by inserting "(a)" immediately before "In", and by adding at the end thereof the following: "Any reimbursement under this section shall be made from the Fishermen's Protective Fund established pursuant to section 9. "(b) The Secretary of State shall make a certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 2(b) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of the Treasury to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of the Treasury reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien." SEC. 3. Section 5 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1975) is amended to read as follows: "SEC. 5. (a) The Secretary of State shall "(1) immediately notify a foreign country of— "(A) any reimbursement made by the Secretary of the Treasury under section 3 as a result of the seizure of a vessel of the United States by such country, "(B) any payment made pursuant to section 7 in connection with such seizure, and "(2) take such action as he deems appropriate to make and collect claims against such foreign country for the amounts so reimbursed and payments so made. "(b) If a foreign country fails or refuses to make payment in full on any claim made under subsection (a) (2) of this section within one hundred and twenty days after the date on which such country is notified pursuant to subsection (a) (1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 unless the President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen's Protective Fund established pursuant to section 9 if the amount is transferred with respect to an unpaid claim 68 Stat. 883. Vessel owners, reimbursement. 82 Stat. 730. Post, p. 1183. 86 STAT. 1182 86 STAT. 1183 22 USC 1977. 75 Stat. 424. 22 USC 2151 note. 76-416 O 81 - 12 86 STAT. 1183 Ante, p. 1182. Infra. 82 Stat. 729. Fishermen's 168 for a reimbursement made under section 3, or (2) the separate account established in the Treasury of the United States pursuant to section 7(c) if the amount is transferred with respect to an unpaid claim for a payment made under section 7(a). Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country." SEC. 4. Section 7(c) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977 (c)) is amended by inserting immediately before the last sentence thereof the following new sentence: "If a transfer of funds is made to the separate account under section 5(b)(2) with respect to an unpaid claim and such claim is later paid, the amount so paid shall be covered into the Treasury as miscellaneous receipts." SEC. 5. The Fishermen's Protective Act of 1967 is further amended by adding at the end thereof the following new section: "SEC. 9. There is created a Fishermen's Protective Fund which shall Establishment. be used by the Secretary of the Treasury to reimburse owners of vessels for amounts certified to him by the Secretary of State under section 3. The amount of any claim or portion thereof collected by the Secretary of State from any foreign country pursuant to section 5(a) shall be deposited in the fund and shall be available for the purpose of reimbursing vessel owners under section 3; except that if a transfer to the fund was made pursuant to section 5(b) (1) with respect to any such claim, an amount from the fund equal to the amount so collected shall be covered into the Treasury as miscellaneous Appropriation. receipts. There is authorized to be appropriated to the fund (1) the sum of $3,000,000 to provide initial capital, and (2) such additional sums as may be necessary from time to time to supplement the fund in order to meet the requirements of the fund." Effective date. SEC. 6. The amendments made by this Act shall apply with respect to seizures of vessels of the United States occurring on or after the date of the enactment of this Act; except that reimbursements under section 3 of the Fishermen's Protective Act of 1967 (as in effect before such date of enactment) may be made from the fund established by the amendment made by section 5 of this Act with respect to any seizure of a vessel occurring before such date of enactment and after December 31, 1970, if no reimbursement was made before such date of enactment. Approved October 26, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-426 (Comm. on Merchant Marine and Fisheries) SENATE REPORTS: No. 92-584 (Comm. on Commerce) and No. 92-769 CONGRESSIONAL RECORD: Vol. 117 (1971): Aug. 2, considered and passed House. May 25, considered and passed Senate, amended, Dot.11, House and Senate agreed to conference report. Public Law 92-576 92nd Congress, S. 2318 October 27, 1972 An Act To amend the Longshoremen's and Harbor Workers' Compensation Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972". COVERAGE 86 STAT. 1251 Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972. SEC. 2. (a) Section 2(3) of the Longshoremen's and Harbor Work- Definitions. ers' Compensation Act (44 Stat. 1424, 33 U.S.C. 902) is amended to read as follows: "(3) The term 'employee' means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net." (b) Section 2(4) of such Act is amended by striking out "(including any dry dock)" and inserting in lieu thereof "including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)": (c) Section 3(a) of such Act is amended by striking out "(includ- 44 Stat. 1426. ing any dry dock) and if recovery for the disability or death through 33 USC 903. workmen's compensation proceedings may not validly be provided by State law", and inserting in lieu thereof "(including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)". STUDENT BENEFITS SEC. 3. (a) Section 2 of the Longshoremen's and Harbor Workers' Definitions. Compensation Act is amended by redesignating paragraph (19) as paragraph (20) and adding a new paragraph (19) as follows: "(19) The term 'student' means a person regularly pursuing a fulltime course of study or training at an institution which is "(A) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, (B) a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body, "(C) a school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or "(D) an additional type of educational or training institution as defined by the Secretary, but not after he reaches the age of twenty-three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed 86 STAT. 1252 52 Stat. 1164. 33 USC 902. 70 Stat. 654. 33 USC 906. 75 Stat. 203. Post, p. 1258. 36 F. R. 347. to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A child shall not be deemed to be a student under this Act during a period of service in the Armed Forces of the United States." (b) The last sentence of section 2(14) of such Act is amended to read as follows: “‘Child', ‘grandchild', 'brother', and 'sister' include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in paragraph (19) of this section." TIME FOR COMMENCEMENT OF COMPENSATION SEC. 4. Section 6(a) of the Longshoremen's and Harbor Workers' Compensation Act is amended by striking out "more than twenty-eight days" and inserting in lieu thereof "more than fourteen days". MAXIMUM AND MINIMUM LIMITS OF DISABILITY COMPENSATION AND SEC. 5. (a) Section 6 of the Longshoremen's and Harbor Workers' Compensation Act is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: "(b) (1) Except as provided in subsection (c), compensation for disability shall not exceed the following percentages of the applicable national average weekly wage as determined by the Secretary under paragraph (3): "(A) 125 per centum or $167, whichever is greater, during the period ending September 30, 1973. "(B) 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974. "(C) 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975. "(D) 200 per centum beginning October 1, 1975. "(2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee's average weekly wages as computed under section 10 are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability. "(3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after the enactment of this subsection. "(c) The maximum rate of compensation for a nonappropriated fund instrumentality employee shall be equal to 66% per centum of the maximum rate of basic pay established for a Federal employee in grade GS-12 by section 5332 of title 5, United States Code, and the minimum rate of compensation for such an employee shall be equal to 66% per centum of the minimum rate of basic pay established for a Federal employee in grade GS-2 by such section. 5 USC 5332 "(d) Determinations under this subsection with respect to a period note. shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period." (b) Section 2 of such Act as amended by this Act is further amended Ante, p. 1251. by redesignating paragraph (20) thereof as paragraph (21) and by inserting immediately after paragraph (19) the following: "(20) The term 'national average weekly wage' means the national "National averaverage weekly earnings of production or nonsupervisory workers on age weekly wage." private nonagricultural payrolls." (c) Section 8(d) of such Act is amended to read as follows: (d) (1) If an employee who is receiving compensation for permanent partial disability pursuant to section 8(c)(1)-(20) dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be payable to or for the benefit of his survivors, as follows: "(A) if the employee is survived only by a widow or widower, such unpaid amount of the award shall be payable to such widow or widower, "(B) if the employee is survived only by a child or children, such unpaid amount of the award shall be paid to such child or children in equal shares, "(C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares, (D) if there be no widow or widower and no surviving child or children, such unpaid amount of the award shall be paid to 44 Stat. 1429. 33 USC 908. the survivors specified in section 9 (d) (other than a wife, husband, Post, p. 1258. or child); and the amount to be paid each such survivor shall be determined by multiplying such unpaid amount of the award by the appropriate percentage specified in section 9(d), but if the aggregate amount to which all such survivors are entitled, as so determined, is less than such unpaid amount of the award, the excess amount shall be divided among such survivors pro rata according to the amount otherwise payable to each under this subparagraph. "(2) Notwithstanding any other limitation in section 9, the total amount of any award for permanent partial disability pursuant to section 8(c) (1)-(20) unpaid at time of death shall be payable in full in the appropriate distribution. "(3) If an employee who was receiving compensation for permanent partial disability pursuant to section 8 (c) (21) dies from causes other than the injury, his survivors shall receive death benefits as provided in section 9(b)-(g), except that the percentage figures Post, pp. 1257, therein shall be applied to the weekly compensation payable to the 1258. employee at the time of his death multiplied by 1.5, rather than to his average weekly wages. "(4) An award for disability may be made after the death of the injured employee. Except where compensation is payable under section 8(c) (21), if there be no survivors as prescribed in this section, then the compensation payable under this subsection shall be paid to the special fund established under section 44 (a) of this Act." (d) The first phrase of section 9 of such Act, preceding the first 33 USC 909. colon, is amended to read as follows: "If the injury causes death, or if the employee who sustains permanent total disability due to the injury thereafter dies from causes |