§ 944. — Special fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC944]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 944. Special fund
(a) Establishment; administration; custody, trust
There is established in the Treasury of the United States a special
fund. Such fund shall be administered by the Secretary. The Treasurer of
the United States shall be the custodian of such fund, and all moneys
and securities in such fund shall be held in trust by such Treasurer and
shall not be money or property of the United States.
(b) Disbursements; bond of custodian
The Treasurer is authorized to disburse moneys from such fund only
upon order of the Secretary. He shall be required to give bond in an
amount to be fixed and with securities to be approved by the Secretary
of the Treasury and the Comptroller General of the United States
conditioned upon the faithful performance of his duty as custodian of
such fund.
(c) Payments into fund
Payments into such fund shall be made as follows:
(1) Whenever the Secretary determines that there is no person
entitled under this chapter to compensation for the death of an
employee which would otherwise be compensable under this chapter,
the appropriate employer shall pay $5,000 as compensation for the
death of such an employee.
(2) At the beginning of each calendar year the Secretary shall
estimate the probable expenses of the fund during that calendar year
and the amount of payments required (and the schedule therefor) to
maintain adequate reserves in the fund. Each carrier and self-
insurer shall make payments into the fund on a prorated assessment
by the Secretary determined by--
(A) computing the ratio (expressed as a percent) of (i) the
carrier's or self-insured's workers' compensation payments under
this chapter during the preceding calendar year, to (ii) the
total of such payments by all carriers and self-insureds under
this chapter during such year;
(B) computing the ratio (expressed as a percent) of (i) the
payments under section 908(f) of this title during the preceding
calendar year which are attributable to the carrier or self-
insured, to (ii) the total of such payments during such year
attributable to all carriers and self-insureds;
(C) dividing the sum of the percentages computed under
subparagraphs (A) and (B) for the carrier or self-insured by
two; and
(D) multiplying the percent computed under subparagraph (C)
by such probable expenses of the fund (as determined under the
first sentence of this paragraph).
(3) All amounts collected as fines and penalties under the
provisions of this chapter shall be paid into such fund.
(d) Investigations; records, availability; recordkeeping; provisions of
sections 49 and 50 of title 15 applicable to Secretary
(1) For the purpose of making rules, regulations, and determinations
under this section under and for providing enforcement thereof, the
Secretary may investigate and gather appropriate data from each carrier
and self-insurer. For that purpose, the Secretary may enter and inspect
such places and records (and make such transcriptions thereof), question
such employees, and investigate such facts, conditions, practices, or
matters as he may deem necessary or appropriate.
(2) Each carrier and self-insurer shall make, keep, and preserve
such records, and make such reports and provide such additional
information, as prescribed by regulation or order of the Secretary, as
the Secretary deems necessary or appropriate to carry out his
responsibilities under this section.
(3) For the purpose of any hearing or investigation related to
determinations or the enforcement of the provisions of this section, the
provisions of sections 49 and 50 of title 15 (relating to the attendance
of witnesses and the production of books, papers, and documents) are
hereby made applicable to the jurisdiction, powers, and duties of the
Secretary of Labor.
(e) Depositories; investments
The Treasurer of the United States shall deposit any moneys paid
into such fund into such depository banks as the Secretary may designate
and may invest any portion of the funds which, in the opinion of the
Secretary, is not needed for current requirements, in bonds or notes of
the United States or of any Federal land bank.
(f) Limitation of liability
Neither the United States nor the Secretary shall be liable in
respect of payments authorized under section 908 of this title in an
amount greater than the money or property deposited in or belonging to
such fund.
(g) Audit by Comptroller General; finality of payment determinations;
credits of disbursing officers
The Comptroller General of the United States shall audit the account
for such fund, but the action of the Secretary in making payments from
such fund shall be final and not subject to review, and the Comptroller
General is authorized and directed to allow credit in the accounts of
any disbursing officer of the Secretary for payments made from such fund
authorized by the Secretary.
(h) Civil actions for civil penalties and unpaid assessments
All civil penalties and unpaid assessments provided for in this
chapter shall be collected by civil suit brought by the Secretary.
(i) Proceeds available for certain payments
The proceeds of this fund shall be available for payments:
(1) Pursuant to sections \1\ 910 of this title with respect to
certain initial and subsequent annual adjustments in compensation
for total permanent disability or death.
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\1\ So in original. Probably should be ``section''.
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(2) Under section 908(f) and (g), under section 918(b), and
under section 939(c) of this title.
(3) To repay the sums deposited in the fund pursuant to
subsection (d) of this section.
(4) To defray the expense of making examinations as provided in
section 907(e) of this title.
(j) Audit to Congress
The fund shall be audited annually and the results of such audit
shall be included in the annual report required by section 942 of this
title.
(Mar. 4, 1927, ch. 509, Sec. 44, 44 Stat. 1444; July 26, 1956, ch. 735,
Sec. 8, 70 Stat. 656; Pub. L. 92-576, Sec. 8, Oct. 27, 1972, 86 Stat.
1256; Pub. L. 98-426, Secs. 24, 27(a)(2), Sept. 28, 1984, 98 Stat. 1653,
1654.)
Amendments
1984--Subsecs. (a), (b). Pub. L. 98-426, Sec. 27(a)(2), substituted
``Secretary'' for ``commission''. See Transfer of Functions note set out
under section 902 of this title.
Subsec. (c)(2). Pub. L. 98-426, Sec. 24(a), substituted provisions
requiring that, at the beginning of each calendar year the Secretary
estimate the probable expenses of the fund during that calendar year and
the amount of payments required (and the schedule therefor) to maintain
adequate reserves in the fund and that each carrier and self-insurer
make payments into the fund on a prorated assessment by the Secretary
determined by (A) computing the ratio (expressed as a percent) of (i)
the carrier's or self-insured's workers' compensation payments under
this chapter during the preceding calendar year, to (ii) the total of
such payments by all carriers and self-insureds under this chapter
during such year; (B) computing the ratio (expressed as a percent) of
(i) the payments under section 908(f) of this title during the preceding
calendar year which are attributable to the carrier or self-insured, to
(ii) the total of such payments during such year attributable to all
carriers and self-insureds; (C) dividing the sum of the percentages
computed under (A) and (B) for the carrier or self-insured by two; and
(D) multiplying the percent computed under (C) by such probable expenses
of the fund (as determined under the first sentence of this paragraph)
for provisions which had formerly required that at the beginning of each
calendar year the Secretary estimate the probable expenses of the fund
during that calendar year and each carrier or self-insurer make payments
into the fund on a prorated assessment by the Secretary in the
proportion that the total compensation and medical payments made on
risks covered by this chapter by each carrier and self-insurer bore to
the total of such payments made by all carriers and self-insurers under
the chapter in the prior calendar year in accordance with a formula and
schedule to be determined from time to time by the Secretary to maintain
adequate reserves in the fund.
Subsec. (e). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (f) as
(e). Former subsec. (e), which authorized the appropriation to the
Secretary of the sum of $2,000,000 which the Secretary was required to
deposit into the fund and directed that, upon deposit in the fund such
moneys would be treated as the property of such fund, that the sum,
without additional payments for interest, would be repaid from the money
or property belonging to the fund on a schedule of repayment set by the
Secretary, that full repayment had to be made no later than five years
from the date of deposit into the fund, and that each such repayment, as
made, would be covered into the Treasury of the United States as
miscellaneous receipts, was struck out.
Pub. L. 98-426, Sec. 27(a)(2), substituted ``Secretary'' for
``commission''. See Transfer of Functions note set out under section 902
of this title.
Subsec. (f). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (g) as
(f). Former subsec. (f) redesignated (e).
Pub. L. 98-426, Sec. 27(a)(2), substituted ``Secretary'' for
``commission''. See Transfer of Functions note set out under section 902
of this title.
Subsec. (g). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (h) as
(g). Former subsec. (g) redesignated (f).
Pub. L. 98-426, Sec. 27(a)(2), substituted ``Secretary'' for
``commission''. See Transfer of Functions note set out under section 902
of this title.
Subsec. (h). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (i) as
(h). Former subsec. (h) redesignated (g).
Pub. L. 98-426, Sec. 24(c), inserted ``and unpaid assessments''
after ``civil penalties''.
Pub. L. 98-426, Sec. 27(a)(2), substituted ``Secretary'' for
``commission''. See Transfer of Functions note set out under section 902
of this title.
Subsec. (i). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (j) as
(i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 98-426, Sec. 24(d)(1), struck out ``and
911'' after ``sections 910'', inserted ``certain'' before ``initial'',
and struck out ``which occurred prior to the effective date of this
subsection'' after ``disability or death''.
Subsec. (i)(4). Pub. L. 98-426, Sec. 24(d)(2), inserted ``(e)''
after ``section 907''.
Subsec. (j). Pub. L. 98-426, Sec. 24(b), redesignated (k) as (j).
Former subsec. (j) redesignated (i).
Pub. L. 98-426, Sec. 24(e), substituted ``The fund shall be audited
annually and the results of such audit shall be included in the annual
report required by section 942 of this title'' for ``At the close of
each fiscal year the Secretary shall submit to the Congress a complete
audit of the fund''.
Subsec. (k). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (k) as
(j).
1972--Subsec. (a). Pub. L. 92-576, Sec. 8(a), substituted ``special
fund'' for ``special fund for the purpose of making payments in
accordance with the provisions of subsections (f) and (g) of section
908, of subsection (b) of section 918, and of subsection (c) of section
939 of this title''.
Subsec. (c)(1). Pub. L. 92-576, Sec. 8(b), increased compensation
payment for death to $5,000 from $1,000; inserted provision for
compensation which would otherwise be compensable under this chapter;
deleted second sentence, less two provisos, now incorporated in subsec.
(j)(2) of this section; deleted first such proviso for priority of
payments authorized by subsec. (f) over other payments authorized from
the fund; and deleted second such proviso, now incorporated in subsec.
(k) of this section.
Subsec. (c)(2), (3). Pub. L. 92-576, Sec. 8(b), added par. (2) and
redesignated former par. (2) as (3).
Subsec. (d). Pub. L. 92-576, Sec. 8(b), added subsec. (d). Former
subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 92-576, Sec. 8(b), added subsec. (e). Former
subsec. (e) redesignated (g).
Subsecs. (f) to (i). Pub. L. 92-576, Sec. 8(b), redesignated former
subsecs. (d) to (g) as (f) to (i), respectively.
Subsec. (j). Pub. L. 92-576, Sec. 8(d), added pars. (1), (3), and
(4), and incorporated former part of first sentence of subsec. (a) and
former second sentence, less provisos, of subsec. (c)(1), in provisions
designated as par. (2).
Subsec. (k). Pub. L. 92-576, Sec. 8(d), incorporated former
provisions of subsec. (c)(1), last proviso, in provisions designated as
subsec. (k).
1956--Subsec. (a). Act July 26, 1956, Sec. 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, Sec. 8(b), substituted provisions
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.
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.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
Secs. 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 Commandant of Coast Guard, were excepted
from transfer when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14, Coast Guard.
Section Referred to in Other Sections
This section is referred to in sections 907, 908, 910, 918, 922,
933, 939, 942, 948a of this title; title 30 section 932.