§ 939. Administration by Secretary

Statutory text

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.

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).

Furnishing information and assistance; directing vocational rehabilitation

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.

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.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1927
Pub. L. 69–509 § 39 · 44 Stat. 1424
Enacted · 33 U.S.C. § 939
Mar. 4, 1927, ch. 509, § 39, 44 Stat. 1442
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 39, 44 Stat. 1442
1949
Public Law not identified
Substituted · 33 U.S.C. § 939(a)
Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
1956
Public Law not identified
1. Substituted · 33 U.S.C. § 939(c)
  Subsec. (c). Act July 26, 1956, substituted “rehabilitation” for “education” at end of first sentence
2. Substituted · 33 U.S.C. § 939(c)
  Subsec. (c). Act July 26, 1956, 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.”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
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.”
1972
Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 17 · 86 Stat. 1251
1. Added · 33 U.S.C. § 939(c)
  Pub. L. 92–576 added par. (1)
2. Redesignated · 33 U.S.C. § 939(c)
  Pub. L. 92–576 redesignated existing provisions as par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–576 added par. (1) and redesignated existing provisions as par. (2).
Enacted provision · exact public law section
Sec. 17. claimant assistance (a) Section 39(c) of the Longshoremen’s and Harbor Workers’ 70 Stat. 656. 33 USC 939. Compensation Act is amended by redesignating subsection (c) as paragraph (2) of such subsection and by inserting after subsection (b) thereof the following paragraph: “(c) (1) The Secretary shall, upon request, provide persons covered by this Act with information and assistance relating to the Act’s coverage and compensation and tire procedures for obtaining such compensation and including assistance in processing a claim. The Secretary may, upon request, provide persons covered by this Act 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.”
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(c) · 98 Stat. 1639
Substituted · 33 U.S.C. § 939(a)
Pub. L. 98–426, § 27(c), substituted “Secretary” for “United States Employees’ Compensation Commission”. See Transfer of Functions note set out under section 902 of this title
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–426, § 27(c), substituted “Secretary” for “United States Employees’ Compensation Commission”. See Transfer of Functions note set out under section 902 of this title.
Enacted provision · exact public law section
(c) Section 39(a) is amended by striking out “United States Employees’ Compensation Commission” and inserting in lieu thereof “Secretary”.
Effective date note
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.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 939(b); 33 U.S.C. § 939(c)(2)
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Source evidence
Code amendment note
Subsecs. (b), (c)(2). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.
Enacted provision · exact public law section
(2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; and
Effective date note
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.

4 of 8 references resolved to an enrolled provision · 1 partial · 3 unresolved

Editorial Notes

References in Text

Section 945 of this title, referred to in subsec. (a), was repealed by Pub. L. 98–426, § 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, § 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, § 15, June 10, 1933, and then to the Federal Security Agency by Reorg. Plan No. 1 of 1939, §§ 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.

Amendments1949–1984 · 4 rounds

1984

Subsec. (a). Pub. L. 98–426, § 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, § 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”.

Statutory Notes and Related Subsidiaries

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, § 8, 80 Stat. 632, 655.

Credits

1927–1984 · 8 acts

1927Mar. 4, 1927, ch. 509, § 39, 44 Stat. 1442
1936June 25, 1936, ch. 804, 49 Stat. 1921
1948June 25, 1948, ch. 646, § 32(b), 62 Stat. 991
1949May 24, 1949, ch. 139, § 127, 63 Stat. 107
1949Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972
1956July 26, 1956, ch. 735, § 7, 70 Stat. 656
1972Pub. L. 92–576, § 17, Oct. 27, 1972, 86 Stat. 1262
1984Pub. L. 98–426, § 27(a)(2), (c), Sept. 28, 1984, 98 Stat. 1654.

Show as published

(Mar. 4, 1927, ch. 509, § 39, 44 Stat. 1442; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; July 26, 1956, ch. 735, § 7, 70 Stat. 656; Pub. L. 92–576, § 17, Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), (c), Sept. 28, 1984, 98 Stat. 1654.)