Notes on 33 U.S.C. § 944 : US Code - Notes

Search Notes on 33 U.S.C. § 944 : US Code - Notes

(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.
(!1) So in original. Probably should be "section".