Page:United States Statutes at Large Volume 98 Part 2.djvu/493

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1653

or judgment rendered against a third person referred to under subsection (a). Notwithstanding any other provision of law, such lien shall be enforceable against such proceeds, regardless of whether the Secretary on behalf of the special fund has agreed to or has received actual notice of the settlement or judgment. "(4) Any payments by a trust fund described in section 17 shall be a lien upon the proceeds of any settlement obtained from or judgment recorded against a third person referred to under subsection (a). Such lien shall have priority over a lien under paragraph (3) of this subsection.".

33 USC 917.

PENALTY FOR FAILURE TO SECURE PAYMENT

SEC. 22. Section 38 is amended by striking out "$1,000" each place it appears in subsections (a) and (b) and inserting in lieu thereof "$10,000".

33 USC 938.

ANNUAL REPORT

SEC. 23. The Act is amended by inserting the following new section after section 41: "ANNUAL REPORT

"SEC. 42. The Secretary shall make to Congress at the beginning of each regular session, commencing at the beginning of the second regular session after the enactment of the Longshore and Harbor Workers' Compensation Act Amendments of 1984, a report of the administration of this Act for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the fund established in section 44, together with such recommendations as the Secretary deems advisable.".

33 USC 942. Ante, p. 1639. 33 USC 944.

SPECIAL FUND

SEC. 24. (a) Section 44(c)(2) is amended to read as follows: "(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 Act during the preceding calendar year, to (ii) the total of such payments by all carriers and self-insureds under this Act during such year; "(B) computing the ratio (expressed as a percent) of (i) the payments under section 8(f) of this Act during the preceding calendar year which are attributable to the carrier or selfinsured, 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).".

33 USC 944.

Ante, p. 1645.