TITLE 33 > CHAPTER 18 > § 940

 
                NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
 
Sec. 940. Deputy commissioners


(a) Appointment; use of personnel and facilities of boards, commissions, 
        or other agencies; expenses and salaries

    The Secretary may appoint as deputy commissioners any member of any 
board, commission, or other agency of a State to act as deputy 
commissioner for any compensation district or part thereof in such 
State, and may make arrangements with such board, commission, or other 
agency for the use of the personnel and facilities thereof in the 
administration of this chapter. The Secretary may make such arrangements 
as may be deemed advisable by him for the payment of expenses of such 
board, commission, or other agency, incurred in the administration of 
this chapter pursuant to this section, and for the payment of salaries 
to such board, commission, or other agency, or the members thereof, and 
may pay any amounts agreed upon to the proper officers of the State, 
upon vouchers approved by the Secretary.

(b) Appointment in Territories and District of Columbia; compensation

    In any Territory of the United States or in the District of Columbia 
a person holding an office under the United States may be appointed 
deputy commissioner and for services rendered as deputy commissioner may 
be paid compensation, in addition to that he is receiving from the 
United States, in an amount fixed by the Secretary in accordance with 
chapter 51 and subchapter III of chapter 53 of title 5.

(c) Transfers to other districts; temporary details

    Deputy commissioners (except deputy commissioners appointed under 
subsection (a) of this section) may be transferred from one compensation 
district to another and may be temporarily detailed from one 
compensation district for service in another in the discretion of the 
Secretary.

(d) Maintaining offices

    Each deputy commissioner shall maintain and keep open during 
reasonable business hours an office, at a place designated by the 
Secretary, for the transaction of business under this chapter, at which 
office he shall keep his official records and papers. Such office shall 
be furnished and equipped by the Secretary, who shall also furnish the 
deputy commissioner with all necessary clerical and other assistants, 
records, books, blanks, and supplies. Wherever practicable such office 
shall be located in a building owned or leased by the United States; 
otherwise the Secretary shall rent suitable quarters.

(e) Records and papers

    If any deputy commissioner is removed from office, or for any reason 
ceases to act as such deputy commissioner, all of his official records 
and papers and office equipment shall be transferred to his successor in 
office or, if there be no successor, then to the Secretary or to a 
deputy commissioner designated by the Secretary.

(f) Conflict of interest

    Neither a deputy commissioner or Board member nor any business 
associate of a deputy commissioner or Board member shall appear as 
attorney in any proceeding under this chapter, and no deputy 
commissioner or Board member shall act in any such case in which he is 
interested, or when he is employed by any party in interest or related 
to any party in interest by consanguinity or affinity within the third 
degree, as determined by the common law.

(Mar. 4, 1927, ch. 509, Sec. 40, 44 Stat. 1443; Oct. 28, 1949, ch. 782, 
title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 92-576, Sec. 15(j), Oct. 
27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2), Sept. 28, 1984, 
98 Stat. 1654.)

                          Codification

    In subsec. (b) ``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.


                               Amendments

    1984--Subsecs. (a) to (e). Pub. L. 98-426 substituted ``Secretary'' 
for ``commission''. See Transfer of Functions note set out under section 
902 of this title.
    1972--Subsec. (f). Pub. L. 92-576 inserted references to Board 
member.
    1949--Subsec. (b). 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.

                          Transfer of Functions

    For transfer of functions to the Secretary of Labor, see note set 
out under section 902 of this title.