33 U.S.C. § 939 — Administration by Secretary

submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 541 words · no verdicts yet

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The Secretary administers this chapter, appoints needed personnel, establishes compensation districts, and provides information and rehabilitation help. The section also sets rules for high-seas proceedings and administrative spending.

(a) Administration. Unless another provision says otherwise, the Secretary administers this chapter and may make rules; appoint temporary technical assistants and medical advisers; appoint deputy commissioners and other employees under civil-service and title 5 pay rules; and spend what administration requires, including for services, rent, legal books, references, periodicals, printing, and binding. Approved itemized vouchers are paid as provided in 33 U.S.C. § 945. (b) Districts. The Secretary must establish compensation districts covering the high seas and applicable United States areas and assign deputy commissioners. Proceedings under sections 918 and 921 for high-seas injury or death must be brought in the district containing the responsible deputy commissioner’s office, or the District of Columbia district court if that office is there. (c) Information and rehabilitation. (1) On request, the Secretary must give covered people information and help about coverage, compensation, procedures, and claim processing, and may give legal claim-processing help. The Secretary must tell compensated employees about medical, manpower, and vocational rehabilitation and help them obtain the best available services. (2) The Secretary must direct rehabilitation of permanently disabled employees and arrange it with public or private agencies. The Secretary may provide prosthetic devices or other equipment needed to make an injured employee fit for paid work. If services are otherwise unavailable, the Labor Secretary may use the section 944 fund to obtain them and needed equipment; the fund is also available for amounts authorized in annual Labor Department appropriations to administer this subsection.

the actual law source: uscode.house.gov ↗public domain

(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.

(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).

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1442
1936Amended · Act of June 25, 1936, ch. 804 · 49 Stat. 1921
1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
1949Amended · Act of Oct. 28, 1949, ch. 782 · 63 Stat. 972
1956Amended · Act of July 26, 1956, ch. 735 · 70 Stat. 656
1972Amended · Pub. L. 92-576 · 86 Stat. 1262
1984Amended · Pub. L. 98-426 · 98 Stat. 1654

A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.

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