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§ 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.
---------------------------------------------------------------------------
    \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.



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