Notes on 33 U.S.C. § 921 : US Code - Notes

Search Notes on 33 U.S.C. § 921 : US Code - Notes

(Mar. 4, 1927, ch. 509, Sec. 21, 44 Stat. 1436; June 25, 1936, ch.
804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 92-576,
Sec. 15(a), (b), Oct. 27, 1972, 86 Stat. 1261, 1262; Pub. L. 95-
251, Sec. 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-426,
Sec. 15, Sept. 28, 1984, 98 Stat. 1649.)
CODIFICATION
As originally enacted, subsec. (d) contained a reference to the
Supreme Court of the District of Columbia. Act June 25, 1936,
substituted "the district court of the United States for the
District of Columbia" for "the Supreme Court of the District of
Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of
Columbia" for "district court of the United States for the District
of Columbia".
AMENDMENTS
1984 - Subsec. (b)(1). Pub. L. 98-426, Sec. 15(1), (2),
substituted "five" for "three", and inserted "The Chairman shall
have the authority, as delegated by the Secretary, to exercise all
administrative functions necessary to operate the Board."
Subsec. (b)(2). Pub. L. 98-426, Sec. 15(3), substituted "three"
for "two" wherever appearing.
Subsec. (b)(5). Pub. L. 98-426, Sec. 15(4), added par. (5).
1978 - Subsec. (b)(4). Pub. L. 95-251 substituted "administrative
law judge" for "hearing examiner".
1972 - Subsec. (b). Pub. L. 92-576, Sec. 15(a), added subsec.
(b). Former provisions of subsec. (b) for injunction proceedings to
suspend or set aside a compensation order by a party in interest
against a deputy commissioner in Federal district court for
judicial district where injury occurred superseded by subsec. (c)
of this section and former provisions of such subsec. (b)
respecting service of process and stay of payments, except for the
procedural requirement of an interlocutory injunction to the court
and hearing on at least three days' notice to the parties in
interest and the deputy commissioner, incorporated in subsec. (c)
of this section.
Subsecs. (c) to (e). Pub. L. 92-576, Sec. 15(a), (b), added
subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and
(e), respectively.
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.
REVIEW OF DECISIONS MADE BY OR PENDING BEFORE BENEFITS REVIEW BOARD
Pub. L. 108-447, div. F, title I, Dec. 8, 2004, 118 Stat. 3121,
provided in part: "That no funds made available by this Act [div. F
of Pub. L. 108-447, see Tables for classification] may be used by
the Solicitor of Labor to participate in a review in any United
States court of appeals of any decision made by the Benefits Review
Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in Rule 15 of the Federal
Rules of Appellate Procedure [28 U.S.C. App.]: Provided further,
That no funds made available by this Act may be used by the
Secretary of Labor to review a decision under the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) that has
been appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more
than 1 year shall be considered affirmed by the Benefits Review
Board on the 1-year anniversary of the filing of the appeal, and
shall be considered the final order of the Board for purposes of
obtaining a review in the United States courts of appeals: Provided
further, That these provisions shall not be applicable to the
review or appeal of any decision issued under the Black Lung
Benefits Act (30 U.S.C. 901 et seq.)."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-199, div. E, title I, Jan. 23, 2004, 118 Stat. 234.
Pub. L. 108-7, div. G, title I, Feb. 20, 2003, 117 Stat. 306.
Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2184.
Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
2763, 2763A-10.
Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A-224.
Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,
105 Stat. 2681-337, 2681-345.
Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475.
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.
30, 1996, 110 Stat. 3009-233, 3009-241.
Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,
110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.