|
U.S. Code as of:
01/19/04
Section 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.
(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.
|
|