US (United States) Code. Title 42. Chapter 11: Compensation for disability or death to persons employed

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 15 páginas
publicidad
publicidad

-CITE-

42 USC CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH

TO PERSONS EMPLOYED AT MILITARY, AIR, AND

NAVAL BASES OUTSIDE UNITED STATES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES

OUTSIDE UNITED STATES

-HEAD-

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES OUTSIDE UNITED STATES

-MISC1-

Sec.

1651. Compensation authorized.

(a) Places of employment.

(b) Definitions.

(c) Liability as exclusive.

(d) "Contractor" defined.

(e) Contracts within section; waiver of application

of section.

(f) Liability to prisoners of war and protected

persons.

1652. Computation of benefits; application to aliens and

nonnationals.

1653. Compensation districts; judicial proceedings.

1654. Persons excluded from benefits.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1701, 1704 of this title;

title 33 section 941; title 50 App. section 2003.

-End-

-CITE-

42 USC Sec. 1651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES

OUTSIDE UNITED STATES

-HEAD-

Sec. 1651. Compensation authorized

-STATUTE-

(a) Places of employment

Except as herein modified, the provisions of the Longshore and

Harbor Workers' Compensation Act, approved March 4, 1927 (44 Stat.

1424), as amended [33 U.S.C. 901 et seq.], shall apply in respect

to the injury or death of any employee engaged in any employment -

(1) at any military, air, or naval base acquired after January

1, 1940, by the United States from any foreign government; or

(2) upon any lands occupied or used by the United States for

military or naval purposes in any Territory or possession outside

the continental United States (including the United States Naval

Operating Base, Guantanamo Bay, Cuba; and the Canal Zone); or

(3) upon any public work in any Territory or possession outside

the continental United States (including the United States Naval

Operating Base, Guantanamo Bay, Cuba; and the Canal Zone), if

such employee is engaged in employment at such place under the

contract of a contractor (or any subcontractor or subordinate

subcontractor with respect to the contract of such contractor)

with the United States; but nothing in this paragraph shall be

construed to apply to any employee of such a contractor or

subcontractor who is engaged exclusively in furnishing materials

or supplies under his contract;

(4) under a contract entered into with the United States or any

executive department, independent establishment, or agency

thereof (including any corporate instrumentality of the United

States), or any subcontract, or subordinate contract with respect

to such contract, where such contract is to be performed outside

the continental United States and at places not within the areas

described in subparagraphs (1)-(3) of this subdivision, for the

purpose of engaging in public work, and every such contract shall

contain provisions requiring that the contractor (and

subcontractor or subordinate contractor with respect to such

contract) (1) shall, before commencing performance of such

contract, provide for securing to or on behalf of employees

engaged in such public work under such contract the payment of

compensation and other benefits under the provisions of this

chapter, and (2) shall maintain in full force and effect during

the term of such contract, subcontract, or subordinate contract,

or while employees are engaged in work performed thereunder, the

said security for the payment of such compensation and benefits,

but nothing in this paragraph shall be construed to apply to any

employee of such contractor or subcontractor who is engaged

exclusively in furnishing materials or supplies under his

contract;

(5) under a contract approved and financed by the United States

or any executive department, independent establishment, or agency

thereof (including any corporate instrumentality of the United

States), or any subcontract or subordinate contract with respect

to such contract, where such contract is to be performed outside

the continental United States, under the Mutual Security Act of

1954, as amended (other than title II of chapter II thereof

unless the Secretary of Labor, upon the recommendation of the

head of any department or other agency of the United States,

determines a contract financed under a successor provision of any

successor Act should be covered by this section), and not

otherwise within the coverage of this section, and every such

contract shall contain provisions requiring that the contractor

(and subcontractor or subordinate contractor with respect to such

contract) (A) shall, before commencing performance of such

contract, provide for securing to or on behalf of employees

engaged in work under such contract the payment of compensation

and other benefits under the provisions of this chapter, and (B)

shall maintain in full force and effect during the term of such

contract, subcontract, or subordinate contract, or while

employees are engaged in work performed thereunder, the said

security for the payment of such compensation and benefits, but

nothing in this paragraph shall be construed to apply to any

employee of such contractor or subcontractor who is engaged

exclusively in furnishing materials or supplies under his

contract;

(6) outside the continental United States by an American

employer providing welfare or similar services for the benefit of

the Armed Forces pursuant to appropriate authorization by the

Secretary of Defense,

irrespective of the place where the injury or death occurs, and

shall include any injury or death occurring to any such employee

during transportation to or from his place of employment, where the

employer or the United States provides the transportation or the

cost thereof.

(b) Definitions

As used in this section -

(1) the term "public work" means any fixed improvement or any

project, whether or not fixed, involving construction,

alteration, removal or repair for the public use of the United

States or its allies, including but not limited to projects or

operations under service contracts and projects in connection

with the national defense or with war activities, dredging,

harbor improvements, dams, roadways, and housing, as well as

preparatory and ancillary work in connection therewith at the

site or on the project;

(2) the term "allies" means any nation with which the United

States is engaged in a common military effort or with which the

United States has entered into a common defensive military

alliance;

(3) the term "war activities" includes activities directly

relating to military operations.

(4) the term "continental United States" means the States and

the District of Columbia.

(c) Liability as exclusive

The liability of an employer, contractor (or any subcontractor or

subordinate subcontractor with respect to the contract of such

contractor) under this chapter shall be exclusive and in place of

all other liability of such employer, contractor, subcontractor, or

subordinate contractor to his employees (and their dependents)

coming within the purview of this chapter, under the workmen's

compensation law of any State, Territory, or other jurisdiction,

irrespective of the place where the contract of hire of any such

employee may have been made or entered into.

(d) "Contractor" defined

As used in this section, the term "contractor" means any

individual, partnership, corporation, or association, and includes

any trustee, receiver, assignee, successor, or personal

representative thereof, and the rights, obligations, liability, and

duties of the employer under such Longshore and Harbor Workers'

Compensation Act [33 U.S.C. 901 et seq.] shall be applicable to

such contractor.

(e) Contracts within section; waiver of application of section

The liability under this chapter of a contractor, subcontractor,

or subordinate contractor engaged in public work under

subparagraphs (3) and (4), subdivision (a) of this section, and the

conditions set forth therein, shall become applicable to contracts

and subcontracts heretofore entered into but not completed at

August 16, 1941, and the liability under this chapter of a

contractor, subcontractor, or subordinate contractor engaged in

performance of contracts, subcontracts, or subordinate contracts

specified in subparagraph (5), subdivision (a) of this section, and

the conditions set forth therein, shall hereafter be applicable to

the remaining terms of such contracts, subcontracts, and

subordinate contracts entered into prior to but not completed on

the date of enactment of any successor Act to the Mutual Security

Act of 1954, as amended, and contracting officers of the United

States are authorized to make such modifications and amendments of

existing contracts as may be necessary to bring such contracts into

conformity with the provisions of this chapter. No right shall

arise in any employee or his dependent under subparagraphs (3) and

(4) of subdivision (a) of this section, prior to two months after

the approval of this chapter. Upon the recommendation of the head

of any department or other agency of the United States, the

Secretary of Labor, in the exercise of his discretion, may waive

the application of this section with respect to any contract,

subcontract, contract, or subordinate contract, work location under

such contracts, or classification of employees. Upon recommendation

of any employer referred to in paragraph (6) of subsection (a) of

this section, the Secretary of Labor may waive the application of

this section to any employee or class of employees of such

employer, or to any place of employment of such an employee or

class of employees.

(f) Liability to prisoners of war and protected persons

The liability under this chapter of a contractor, subcontractor,

or subordinate contractor engaged in public work under paragraphs

(1), (2), (3), and (4) of subsection (a) of this section or in any

work under paragraph (5) of subsection (a) of this section does not

apply with respect to any person who is a prisoner of war or a

protected person under the Geneva Conventions of 1949 and who is

detained or utilized by the United States.

-SOURCE-

(Aug. 16, 1941, ch. 357, Sec. 1, 55 Stat. 622; Dec. 2, 1942, ch.

668, title III, Sec. 301, 56 Stat. 1035; 1946 Proc. No. 2695, eff.

July 4, 1946, 11 F.R. 7871, 60 Stat. 1352; June 30, 1953, ch. 176,

Sec. 4, 67 Stat. 135; Pub. L. 85-477, ch. V, Sec. 502(a), June 30,

1958, 72 Stat. 272; Pub. L. 85-608, title II, Sec. 201, Aug. 8,

1958, 72 Stat. 537; Pub. L. 86-70, Sec. 40, June 25, 1959, 73 Stat.

150; Pub. L. 86-108, ch. VII, Sec. 701(a), July 24, 1959, 73 Stat.

257; Pub. L. 87-195, pt. IV, Sec. 701, Sept. 4, 1961, 75 Stat. 463;

Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)

-REFTEXT-

REFERENCES IN TEXT

The Longshore and Harbor Workers' Compensation Act, referred to

in subsecs. (a) and (d), is act Mar. 4, 1927, ch. 509, 44 Stat.

1424, as amended, which is classified generally to chapter 18 (Sec.

901 et seq.) of Title 33, Navigation and Navigable Waters. For

complete classification of this Act to the Code, see section 901 of

Title 33 and Tables.

For definition of Canal Zone, referred to in subsec. (a)(2), (3),

see section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Mutual Security Act of 1954, referred to in subsecs. (a)(5)

and (e), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by

acts July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627,

Secs. 2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat.

355; June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II,

Secs. 201-205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec.

501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1,

Sec. 101, ch. II, Secs. 201 to 205(a)-(i), (k)-(n), ch. III, Sec.

301, ch. IV, Sec. 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub.

L. 86-472, chs. I to V, 74 Stat. 134, which was principally

classified to chapter 24 (Sec. 1750 et seq.) of Title 22, and which

was repealed by acts July 18, 1956, ch. 627, Sec. 8(m), 70 Stat.

559; Aug. 14, 1957, Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), 71

Stat. 356; July 24, 1959, Pub. L. 86-108, ch. II, Sec. 205(j), ch.

IV, Sec. 401(1), 73 Stat. 250; May 14, 1960, Pub. L. 86-472, ch.

II, Secs. 203(d), 204(k), 74 Stat. 138; Sept. 4, 1961, Pub. L.

87-195, pt. III, Sec. 642(a)(2), 75 Stat. 460; June 30, 1976, Pub.

L. 94-329, title II, Sec. 212(b)(1), 90 Stat. 745; Apr. 4, 1996,

Pub. L. 104-127, title II, Sec. 228, 110 Stat. 963, except for

sections 1754, 1783, 1796, 1853, 1928, and 1937 of Title 22. For

complete classification of this Act to the Code, see Short Title

note set out under section 1754 of Title 22 and Tables.

Title II of Chapter II of the Mutual Security Act of 1954,

referred to in subsec. (a)(5), which was classified generally to

sections 1870 to 1876 of Title 22, was repealed by Pub. L. 87-195,

Pt. III, Sec. 642(a)(2), Sept. 4, 1961, 75 Stat. 460.

-COD-

CODIFICATION

Reference to Philippine Islands in paragraphs (2) and (3) of

subsec. (a) of this section was omitted as obsolete in view of

Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7871, 60 Stat. 1352,

recognizing the independence of the Philippines and withdrawing and

surrendering all rights of possession, supervision, jurisdiction,

control, or sovereignty now existing and exercised by the United

States in and over the territory and people of the Philippines. See

note set out under section 1394 of Title 22, Foreign Relations and

Intercourse.

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (d). Pub. L. 98-426 substituted "Longshore

and Harbor Workers' Compensation Act" for "Longshoremen's and

Harbor Workers' Compensation Act".

1961 - Subsec. (a)(5). Pub. L. 87-195, Sec. 701(1), extended

coverage in those cases where the Secretary of Labor, upon the

recommendation of the head of any department or other agency of the

United States, determines a contract financed under a successor

provision of any successor act to the Mutual Security Act of 1954

should be covered by this section.

Subsec. (e). Pub. L. 87-195, Sec. 701(2), substituted "but not

completed on the date of enactment of any successor act to the

Mutual Security Act of 1954, as amended" for "June 30, 1958, but

not completed on July 24, 1959".

1959 - Subsec. (a)(2), (3). Pub. L. 86-70, Sec. 40(a), struck out

"Alaska;" before "the United States Naval Operating Base".

Subsec. (a)(6). Pub. L. 86-70, Sec. 40(b), struck out "or in

Alaska or the Canal Zone" after "continental United States".

Subsec. (b)(4). Pub. L. 86-70, Sec. 40(c), added par. (4).

Subsec. (e). Pub. L. 86-108 provided that the liability under

this chapter of a contractor, subcontractor, or subordinate

contractor engaged in performance of contracts, subcontracts, or

subordinate contracts specified in subsec. (a)(5) of this section,

and the conditions set forth therein, shall be applicable to the

remaining terms of such contracts, subcontracts, and subordinate

contracts entered into prior to June 30, 1958, but not completed on

July 24, 1959.

1958 - Subsec. (a)(5). Pub. L. 85-477, Sec. 502(a)(1), added par.

(5).

Subsec. (a)(6). Pub. L. 85-608, Sec. 201(a), added par. (6).

Subsec. (b). Pub. L. 85-608, Sec. 201(b), inserted "whether or

not fixed," after "any project" and substituted "projects or

operations under service contracts and projects in connection with

the national defense or with war activities" for "projects in

connection with the war effort" in definition of "public work", and

inserted definitions of "allies" and "war activities".

Subsec. (e). Pub. L. 85-608, Sec. 201(c), substituted "may waive

the application of this section with respect to any contract" for

"may waive the application of the provisions of subparagraphs (3),

(4), or (5) of subdivision (a) of this section, with respect to any

contract", and inserted provisions authorizing the Secretary to

waive the application of this section to any employee or class of

employees of an employer referred to in paragraph (6) of subsection

(a) of this section upon recommendation of the employer.

Pub. L. 85-477, Sec. 502(a)(2), substituted "provisions of

subparagraphs (3), (4), or (5)" for "provisions of subparagraphs

(3) or (4)".

Subsec. (f). Pub. L. 85-602, Sec. 201(d), substituted provisions

making liability of a contractor, subcontractor, or subordinate

contractor inapplicable with respect to persons who are prisoners

of war or protected persons and who are detained or utilized by the

United States for provisions which made liability inapplicable with

respect to employees not citizens of the United States who incurred

an injury or death resulting in death subsequent to June 30, 1953.

Pub. L. 85-477, Sec. 502(a)(3), inserted "or any work under

subparagraph (5) of subsection (a) of this section" before "shall

not apply".

1953 - Subsec. (f). Act June 30, 1953, added subsec. (f).

1942 - Act Dec. 2, 1942, amended section generally. Prior to

amendment section read as follows: "Except as herein modified, the

provisions of sections 901-921, 922-950 of title 33, as amended,

and as the same may be amended hereafter, shall apply in respect to

the injury or death of any employee engaged in any employment at

any military, air, or naval base acquired after January 1, 1940, by

the United States from any foreign government or any lands occupied

or used by the United States for military or naval purposes in any

Territory or possession outside the continental United States,

including Alaska, Guantanamo, and the Philippine Islands, but

excluding the Canal Zone, irrespective of the place where the

injury or death occurs."

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

Title 33, Navigation and Navigable Waters.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 47(g) of Pub. L. 86-70 provided that: "The amendments in

sections 40 and 42 [amending this section and sections 1701, 1704,

and 1711 of this title] shall take effect when enacted [June 25,

1959]: Provided, however, That with respect to injuries or deaths

occurring on or after January 3, 1959, and prior to the effective

date of these amendments, claims filed by employees engaged in the

State of Alaska in any of the employments covered by the Defense

Base Act [this chapter] (and their dependents) may be adjudicated

under the Workmen's Compensation Act of Alaska instead of the

Defense Base Act."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 402 of Pub. L. 85-608 provided that: "The effective date

of this Act [amending this section, sections 1701, 1702, 1704,

1711, and 1716 of this title, and sections 751 and 790 of former

Title 5, Executive Departments and Government Officers and

Employees, repealing section 801 of former Title 5, and enacting

provisions set out as notes under this section and section 1701 of

this title] is June 30, 1958. Persons are entitled to the benefits

of this Act notwithstanding the fact that an injury, disability, or

death occurred after June 30, 1958, and before the date of

enactment of this Act [Aug. 8, 1958]."

SHORT TITLE

Section 5 of act Aug. 16, 1941, as added by Pub. L. 85-608, title

II, Sec. 202, Aug. 8, 1958, 72 Stat. 538, provided that: "This Act

[enacting this chapter] may be cited as the 'Defense Base Act'."

REPEALS

Section 701 of Pub. L. 87-195, cited as a credit to this section,

was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1,

1962, 76 Stat. 263, except insofar as section 701 affected this

section.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40 [App. A(74)], July 22, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1701 of this title; title

22 sections 1475d, 2680a.

-End-

-CITE-

42 USC Sec. 1652 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES

OUTSIDE UNITED STATES

-HEAD-

Sec. 1652. Computation of benefits; application to aliens and

nonnationals

-STATUTE-

(a) The minimum limit on weekly compensation for disability,

established by section 906(b) of title 33, and the minimum limit on

the average weekly wages on which death benefits are to be

computed, established by section 909(e) of title 33, shall not

apply in computing compensation and death benefits under this

chapter.

(b) Compensation for permanent total or permanent partial

disability under section 908(c)(21) of title 33, or for death under

this chapter to aliens and nonnationals of the United States not

residents of the United States or Canada shall be in the same

amount as provided for residents, except that dependents in any

foreign country shall be limited to surviving wife and child or

children, or if there be no surviving wife or child or children, to

surviving father or mother whom the employee has supported, either

wholly or in part, for the period of one year immediately prior to

the date of the injury, and except that the Secretary of Labor may,

at his option or upon the application of the insurance carrier

shall, commute all future installments of compensation to be paid

to such aliens or nonnationals of the United States by paying or

causing to be paid to them one-half of the commuted amount of such

future installments of compensation as determined by the Secretary.

-SOURCE-

(Aug. 16, 1941, ch. 357, Sec. 2, 55 Stat. 623; 1946 Reorg. Plan No.

2, Sec. 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1950

Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64

Stat. 1271; Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat.

1654.)

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-426 substituted references

to sections of the Longshore and Harbor Workers' Compensation Act

for sections of the Longshoremen's and Harbor Workers' Compensation

Act, which references have been translated to sections of title 33,

thus requiring no change in text.

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

Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Labor" and "Secretary" substituted for "Federal

Security Administrator" and "Administrator", respectively, in

subsec. (b), pursuant to Reorg. Plan No. 19 of 1950, Sec. 1, eff.

May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred

functions of Federal Security Administrator to Secretary of Labor.

Previously, "Federal Security Administrator" and "Administrator"

substituted for "United States Employees' Compensation Commission"

and "Commission" pursuant to Reorg. Plan No. 2 of 1946, Sec. 3,

eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished

United States Employees' Compensation Commission and transferred

its functions to Federal Security Administrator.

-End-

-CITE-

42 USC Sec. 1653 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES

OUTSIDE UNITED STATES

-HEAD-

Sec. 1653. Compensation districts; judicial proceedings

-STATUTE-

(a) The Secretary of Labor is authorized to extend compensation

districts established under the Longshore and Harbor Workers'

Compensation Act, approved March 4, 1927 (44 Stat. 1424) [33 U.S.C.

901 et seq.], or to establish new compensation districts, to

include any area to which this chapter applies; and to assign to

each such district one or more deputy commissioners, as the

Secretary may deem necessary.

(b) Judicial proceedings provided under sections 18 and 21 of the

Longshore and Harbor Workers' Compensation Act [33 U.S.C. 918, 921]

in respect to a compensation order made pursuant to this chapter

shall be instituted in the United States district court of the

judicial district wherein is located the office of the deputy

commissioner whose compensation order is involved if his office is

located in a judicial district, and if not so located, such

judicial proceedings shall be instituted in the judicial district

nearest the base at which the injury or death occurs.

-SOURCE-

(Aug. 16, 1941, ch. 357, Sec. 3, 55 Stat. 623; 1946 Reorg. Plan No.

2, Sec. 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1950

Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64

Stat. 1271; Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat.

1654.)

-REFTEXT-

REFERENCES IN TEXT

The Longshore and Harbor Workers' Compensation Act, referred to

in text, is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended,

which is classified generally to chapter 18 (Sec. 901 et seq.) of

Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see section 901 of Title 33

and Tables.

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-426 substituted "Longshore

and Harbor Workers' Compensation Act" for "Longshoremen's and

Harbor Workers' Compensation Act".

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

Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Labor" and "Secretary" substituted for "Federal

Security Administrator" and "Administrator", respectively, in

subsec. (a), pursuant to Reorg. Plan No. 19 of 1950, Sec. 1, eff.

May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred

functions of Federal Security Administrator to Secretary of Labor.

Previously, "Federal Security Administrator" and "Administrator"

substituted for "United States Employees' Compensation Commission"

and "Commission" pursuant to Reorg. Plan No. 2 of 1946, Sec. 3,

eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished

United States Employees' Compensation Commission and transferred

its functions to Federal Security Administrator.

-End-

-CITE-

42 USC Sec. 1654 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 11 - COMPENSATION FOR DISABILITY OR DEATH TO PERSONS

EMPLOYED AT MILITARY, AIR, AND NAVAL BASES

OUTSIDE UNITED STATES

-HEAD-

Sec. 1654. Persons excluded from benefits

-STATUTE-

This chapter shall not apply in respect to the injury or death of

(1) an employee subject to the provisions of subchapter I of

chapter 81 of title 5; (2) an employee engaged in agriculture,

domestic service, or any employment that is casual and not in the

usual course of the trade, business, or profession of the employer;

and (3) a master or member of a crew of any vessel.

-SOURCE-

(Aug. 16, 1941, ch. 357, Sec. 4, 55 Stat. 623.)

-COD-

CODIFICATION

"Subchapter I of chapter 81 of title 5" substituted for reference

to act Sept. 7, 1916 (39 Stat. 742), known as the Federal

Employees' Compensation Act, 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.

-End-