--- kind: "section" citation: "33 U.S.C. § 940" title: "33" title_heading: "Navigation and Navigable Waters" number: "940" heading: "Deputy commissioners" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/33/940" units: - "Chapter 18 — Longshore and Harbor Workers’ Compensation" --- # §940. Deputy commissioners - (a) **Appointment; use of personnel and facilities of boards, commissions, or other agencies; expenses and salaries—** The [Secretary](/usc/33/902.md?p=6) may appoint as [deputy commissioners](/usc/33/902.md?p=7) any member of any [board](/usc/33/902.md?p=20), commission, or other agency of a [State](/usc/33/902.md?p=8) to act as [deputy commissioner](/usc/33/902.md?p=7) for any [compensation](/usc/33/902.md?p=12) district or part thereof in such [State](/usc/33/902.md?p=8), and may make arrangements with such [board](/usc/33/902.md?p=20), commission, or other agency for the use of the personnel and facilities thereof in the administration of this chapter. The [Secretary](/usc/33/902.md?p=6) may make such arrangements as may be deemed advisable by him for the payment of expenses of such [board](/usc/33/902.md?p=20), commission, or other agency, incurred in the administration of this chapter pursuant to this section, and for the payment of salaries to such [board](/usc/33/902.md?p=20), commission, or other agency, or the members thereof, and may pay any amounts agreed upon to the proper officers of the [State](/usc/33/902.md?p=8), upon vouchers approved by the [Secretary](/usc/33/902.md?p=6). - (b) **Appointment in Territories and District of Columbia; compensation—** In any Territory of the [United States](/usc/33/902.md?p=9) or in the District of Columbia a [person](/usc/33/902.md?p=1) holding an office under the [United States](/usc/33/902.md?p=9) may be appointed [deputy commissioner](/usc/33/902.md?p=7) and for services rendered as [deputy commissioner](/usc/33/902.md?p=7) may be paid [compensation](/usc/33/902.md?p=12), in addition to that he is receiving from the [United States](/usc/33/902.md?p=9), in an amount fixed by the [Secretary](/usc/33/902.md?p=6) in accordance with [chapter 51](/usc/33/chch51.md) and subchapter III of chapter 53 of title 5. - (c) **Transfers to other districts; temporary details—** [Deputy commissioners](/usc/33/902.md?p=7) (except [deputy commissioners](/usc/33/902.md?p=7) appointed under [subsection (a)](#a) of this section) may be transferred from one [compensation](/usc/33/902.md?p=12) district to another and may be temporarily detailed from one [compensation](/usc/33/902.md?p=12) district for service in another in the discretion of the [Secretary](/usc/33/902.md?p=6). - (d) **Maintaining offices—** Each [deputy commissioner](/usc/33/902.md?p=7) shall maintain and keep open during reasonable business hours an office, at a place designated by the [Secretary](/usc/33/902.md?p=6), 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](/usc/33/902.md?p=6), who shall also furnish the [deputy commissioner](/usc/33/902.md?p=7) 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](/usc/33/902.md?p=9); otherwise the [Secretary](/usc/33/902.md?p=6) shall rent suitable quarters. - (e) **Records and papers—** If any [deputy commissioner](/usc/33/902.md?p=7) is removed from office, or for any reason ceases to act as such [deputy commissioner](/usc/33/902.md?p=7), 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](/usc/33/902.md?p=6) or to a [deputy commissioner](/usc/33/902.md?p=7) designated by the [Secretary](/usc/33/902.md?p=6). - (f) **Conflict of interest—** Neither a [deputy commissioner](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20) member nor any business associate of a [deputy commissioner](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20) member shall appear as attorney in any proceeding under this chapter, and no [deputy commissioner](/usc/33/902.md?p=7) or [Board](/usc/33/902.md?p=20) 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. ## Source credit (Mar. 4, 1927, ch. 509, § 40, 44 Stat. 1443; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 92–576, § 15(j), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.) ## Notes ### Editorial Notes ### 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, § 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”. ### 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. ### Transfer of Functions For transfer of functions to the Secretary of Labor, see note set out under section 902 of this title.