§ 939. — Administration by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC939]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 939. Administration by Secretary
(a) Prescribing rules and regulations; appointing and fixing
compensation of employees; making expenditures
Except as otherwise specifically provided, the Secretary shall
administer the provisions of this chapter, and for such purpose the
Secretary is authorized (1) to make such rules and regulations; (2) to
appoint and fix the compensation of such temporary technical assistants
and medical advisers, and, subject to the provisions of the civil
service laws, to appoint, and, in accordance with chapter 51 and
subchapter III of chapter 53 of title 5, to fix the compensation of such
deputy commissioners (except deputy commissioners appointed under
subsection (a) of section 940 of this title) and other officers and
employees; and (3) to make such expenditures (including expenditures for
personal services and rent at the seat of government and elsewhere, for
law books, books of reference, periodicals, and for printing and
binding) as may be necessary in the administration of this chapter. All
expenditures of the Secretary in the administration of this chapter
shall be allowed and paid as provided in section 945 \1\ of this title
upon the presentation of itemized vouchers therefor approved by the
Secretary.
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\1\ See References in Text note below.
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(b) Establishing compensation districts
The Secretary shall establish compensation districts, to include the
high seas and the areas within the United States to which this chapter
applies, and shall assign to each such district one or more deputy
commissioners, as the Secretary deems advisable. Judicial proceedings
under sections 918 and 921 of this title in respect of any injury or
death occurring on the high seas shall be instituted in the district
court within whose territorial jurisdiction is located the office of the
deputy commissioner having jurisdiction in respect of such injury or
death (or in the United States District Court for the District of
Columbia if such office is located in such District).
(c) Furnishing information and assistance; directing vocational
rehabilitation
(1) The Secretary shall, upon request, provide persons covered by
this chapter with information and assistance relating to the chapter's
coverage and compensation and the procedures for obtaining such
compensation and including assistance in processing a claim. The
Secretary may, upon request, provide persons covered by this chapter
with legal assistance in processing a claim. The Secretary shall also
provide employees receiving compensation information on medical,
manpower, and vocational rehabilitation services and assist such
employees in obtaining the best such services available.
(2) The Secretary shall direct the vocational rehabilitation of
permanently disabled employees and shall arrange with the appropriate
public or private agencies in States or Territories, possessions, or the
District of Columbia for such rehabilitation. The Secretary may in his
discretion furnish such prosthetic appliances or other apparatus made
necessary by an injury upon which an award has been made under this
chapter to render a disabled employee fit to engage in a remunerative
occupation. Where necessary rehabilitation services are not available
otherwise, the Secretary of Labor may, in his discretion, use the fund
provided for in section 944 of this title in such amounts as may be
necessary to procure such services, including necessary prosthetic
appliance or other apparatus. This fund shall also be available in such
amounts as may be authorized in annual appropriations for the Department
of Labor for the costs of administering this subsection.
(Mar. 4, 1927, ch. 509, Sec. 39, 44 Stat. 1442; 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; Oct. 28, 1949, ch. 782, title XI,
Sec. 1106(a), 63 Stat. 972; July 26, 1956, ch. 735, Sec. 7, 70 Stat.
656; Pub. L. 92-576, Sec. 17, Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-
426, Sec. 27(a)(2), (c), Sept. 28, 1984, 98 Stat. 1654.)
References in Text
The civil service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Section 945 of this title, referred to in subsec. (a), was repealed
by Pub. L. 98-426, Sec. 25, Sept. 28, 1984, 98 Stat. 1654. See section
944 of this title.
Codification
In subsec. (a) ``chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
As originally enacted, subsec. (b) 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''.
Former second sentence of subsec. (c), providing that the Federal
Board for Vocational Education should cooperate with the Employees'
Compensation Commission in such educational work has been omitted. The
functions of the Board were transferred to the Department of the
Interior by Ex. Ord. No. 6166, Sec. 15, June 10, 1933, and then to the
Federal Security Agency by Reorg. Plan No. 1 of 1939, Secs. 201, 204,
eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424. The Commission was
abolished and its functions transferred to the Federal Security
Administrator and the Federal Board for Vocational Education was
abolished by Reorg. Plan No. 2 of 1946, former sections 3 and 8,
respectively, set out in the Appendix to Title 5, Government
Organization and Employees.
Amendments
1984--Subsec. (a). Pub. L. 98-426, Sec. 27(c), substituted
``Secretary'' for ``United States Employees' Compensation Commission''.
See Transfer of Functions note set out under section 902 of this title.
Subsecs. (b), (c)(2). 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.
1972--Subsec. (c). Pub. L. 92-576 added par. (1) and redesignated
existing provisions as par. (2).
1956--Subsec. (c). Act July 26, 1956, substituted ``rehabilitation''
for ``education'' at end of first sentence, and substituted last two
sentences, relating to use of special fund where necessary
rehabilitation services are not available, and availability of fund in
amounts authorized annually for the Department of Labor for former
sentence which provided that ``If any surplus is left in any fiscal year
in the fund provided for in section 944 of this title, such surplus may
be used in subsequent fiscal years for the purposes of administration
and investigation.''
1949--Subsec. (a). Act Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act of 1923''.
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.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Section Referred to in Other Sections
This section is referred to in section 944 of this title; title 5
sections 7151, 8171.
