ORGANIZATION AND PROCEDURES

Pt. 1 PART 1—PERFORMANCE OF FUNCTIONS UNDER THIS CHAPTER Sec. 1.1 Under what authority was the Office of Workers' CompensationPrograms established? 1.2 What functions are assigned to OWCP? 1.3 What rules are contained in this chapter? 1.4 Where are other rules concerning OWCP functions found? 1.5 When was the former Bureau of Employees' Compensationabolished? 1.6 How were many of OWCP's current functions administered inthe past? Authority:

5 U.S.C. 301, 8145 and 8149 (Reorganization Plan No. 6of 1950, 15 FR 3174, 3 CFR, 1949-1953 Comp., p. 1004, 64 Stat. 1263); 42U.S.C. 7384d and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000Comp., p. 321; Secretary of Labor's Order No. 13-71, 36 FR 8155;Employment Standards Order No. 2-74, 39 FR 34722.

Source:

70 FR 33604, June 8, 2005, unless otherwise noted.

§ 1.1 Under what authority was the Office of Workers' Compensation Programsestablished?

The Assistant Secretary of Labor for Employment Standards, by authorityvested in him by the Secretary of Labor in Secretary's Order No. 13-71, 36FR 8755, established in the Employment Standards Administration an Office ofWorkers' Compensation Programs (OWCP) by Employment Standards Order No.2-74, 39 FR 34722. The Assistant Secretary subsequently designated as thehead thereof a Director who, under the general supervision of the AssistantSecretary, administers the programs assigned to OWCP by the Assistant Secretary.

§ 1.2 What functions are assigned to OWCP?

The Assistant Secretary of Labor for Employment Standards has delegatedauthority and assigned responsibility to the Director of OWCP for the Departmentof Labor's programs under the following statutes:

(a) The Federal Employees' Compensation Act, as amended and extended (5U.S.C. 8101 et seq.), except 5 U.S.C. 8149 as it pertains to theEmployees' Compensation Appeals Board.

(b) The War Hazards Compensation Act (42 U.S.C. 1701 et seq.).

(d) The Energy Employees Occupational Illness Compensation Program Act of2000, as amended (42 U.S.C. 7384 et seq.), except activities,pursuant to Executive Order 13179 (“Providing Compensation to America'sNuclear Weapons Workers”) of December 7, 2000, assigned to the Secretaryof Health and Human Services, the Secretary of Energy and the Attorney General.

(e) The Longshore and Harbor Workers' Compensation Act, as amended andextended (33 U.S.C. 901 et seq.), except: 33 U.S.C. 919(d) withrespect to administrative law judges in the Office of Administrative Law Judges;33 U.S.C. 921(b) as it pertains to the Benefits Review Board; and activities,pursuant to 33 U.S.C. 941, assigned to the Assistant Secretary of Labor forOccupational Safety and Health.

(f) The Black Lung Benefits Act, as amended (30 U.S.C. 901 etseq.).

§ 1.3 What rules are contained in this chapter?

The rules in this chapter are those governing the OWCP functions under theFederal Employees' Compensation Act, the War Hazards Compensation Act, the WarClaims Act and the Energy Employees Occupational Illness Compensation ProgramAct of 2000.

§ 1.4 Where are other rules concerning OWCP functions found?

(a) The rules of the OWCP governing its functions under the Longshore andHarbor Workers' Compensation Act and its extensions are set forth in subchapterA of chapter VI of this title.

(b) The rules of the OWCP governing its functions under the Black LungBenefits Act program are set forth in subchapter B of chapter VI of this title.

(d) The rules and regulations of the Benefits Review Board are set forth inchapter VII of this title.

§ 1.5 When was the former Bureau of Employees' Compensation abolished?

By Secretary of Labor's Order issued September 23, 1974, 39 FR 34723, issuedconcurrently with Employment Standards Order 2-74, 39 FR 34722, theSecretary revoked the prior Secretary's Order No. 18-67, 32 FR 12979,which had delegated authority and assigned responsibility for the variousworkers' compensation programs enumerated in § 1.2, except the BlackLung Benefits Program and the Energy Employees Occupational Illness CompensationProgram not then in existence, to the Director of the former Bureau ofEmployees' Compensation.

§ 1.6 How were many of OWCP's current functions administered in the past?

(a) Administration of the Federal Employees' Compensation Act and theLongshore and Harbor Workers' Compensation Act was initially vested in anindependent establishment known as the U.S. Employees' Compensation Commission.By Reorganization Plan No. 2 of 1946 (3 CFR, 1943-1949 Comp., p. 1064; 60Stat. 1095, effective July 16, 1946), the Commission was abolished and itsfunctions were transferred to the Federal Security Agency to be performed by anewly created Bureau of Employees' Compensation within such Agency. ByReorganization Plan No. 19 of 1950 (15 FR 3178, 3 CFR, 1949-1954 Comp.,page 1010, 64 Stat. 1271), said Bureau was transferred to the Department ofLabor (DOL), and the authority formerly vested in the Administrator, FederalSecurity Agency, was vested in the Secretary of Labor. By Reorganization PlanNo. 6 of 1950 (15 FR 3174, 3 CFR, 1949-1953 Comp., page 1004, 64 Stat.1263), the Secretary of Labor was authorized to make from time to time suchprovisions as he shall deem appropriate, authorizing the performance of any ofhis functions by any other officer, agency, or employee of the DOL.

(b) In 1972, two separate organizational units were established within theBureau: an Office of Workmen's Compensation Programs (37 FR 20533) and an Officeof Federal Employees' Compensation (37 FR 22979). In 1974, these two units wereabolished and one organizational unit, the Office of Workers' CompensationPrograms, was established in lieu of the Bureau of Employees' Compensation (39FR 34722).