US (United States) Code. Title 42. Chapter 12: Compensation for injury, death, or detention of employees

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-CITE-

42 USC CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR

DETENTION OF EMPLOYEES OF CONTRACTORS WITH

UNITED STATES OUTSIDE UNITED STATES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

-HEAD-

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES

-MISC1-

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

Sec.

1701. Compensation for injury or death resulting from

war-risk hazard.

(a) Persons covered.

(b) Missing persons considered as totally disabled.

(c) Persons not citizens or residents of United

States.

(d) Persons excepted from coverage.

1702. Application of Longshore and Harbor Workers'

Compensation Act.

1703. "Contractor with the United States" defined.

1704. Reimbursement.

(a) Payments reimbursable; filing claim for

reimbursement; regulations for payment of

direct benefits.

(b) Charging of premiums as prohibiting

reimbursement.

(c) Injury or death occurring within any State.

1705. Receipt of workmen's compensation benefits.

(a) Receipt of benefits under other provisions.

(b) Lien and right of recovery against compensation

payable under other provisions.

(c) Receipt of wages as credit against payment

under this subchapter; intervention by

Secretary in proceeding to recover wages, etc.

(d) Entitlement to benefits by national of a

foreign government under foreign laws.

(e) Receipt of benefits for prior accident or

disease.

1706. Administration.

(a) Rules and regulations.

(b) Agreements and working arrangements with other

agencies, etc.

(c) Waiver of notice of injury and filing of

claims.

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

1711. Definitions.

1712. Disqualification from benefits.

1713. Fraud; penalties.

1714. Legal services.

1715. Finality of Secretary's decisions.

1716. Presumption of death or detention.

1717. Assignment of benefits; execution, levy, etc., against

benefits.

REPEALS

Section 6 of act June 30, 1953, ch. 176, 67 Stat. 135, repealed

section 1(a)(13) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 332,

which, as amended by Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67

Stat. 18, provided for the continuation of this chapter until July

1, 1953.

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr.

14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28,

1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66

Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which

continued provisions until July 3, 1952. This repeal shall take

effect as of June 16, 1952, by section 7 of Joint Res. July 3,

1952.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 8146a; title 7

section 1933; title 50 app. sections 1291, 2003, 2004.

-End-

-CITE-

42 USC SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC.,

BY SECRETARY OF LABOR 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1712, 1713, 1714,

1715, 1717 of this title; title 50 App. section 2004.

-End-

-CITE-

42 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1701. Compensation for injury or death resulting from war-risk

hazard

-STATUTE-

(a) Persons covered

In case of injury or death resulting from injury -

(1) to any person employed by a contractor with the United

States, if such person in an employee specified in chapter 11 of

this title, and no compensation is payable with respect to such

injury or death under such chapter; or

(2) to any person engaged by the United States under a contract

for his personal services outside the continental United States;

or

(3) to any person employed outside the continental United

States as a civilian employee paid from nonappropriated funds

administered by the Army and Air Force Exchange Service, Army and

Air Force Motion Picture Service, Navy Ship's Store Ashore, Navy

exchanges, Marine Corps exchanges, officers' and noncommissioned

officers' open messes, enlisted men's clubs, service clubs,

special service activities, or any other instrumentality of the

United States under the jurisdiction of the Department of Defense

and conducted for the mental, physical, and morale improvement of

personnel of the Department of Defense and their dependents; or

(4) to any person who is an employee specified in section

1651(a)(5) of this title, if no compensation is payable with

respect to such injury or death under chapter 11 of this title or

to any person engaged under a contract for his personal services

outside the United States approved and financed by the 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 Government, determines a

contract financed under a successor provision of any successor

Act should be covered by this section): Provided, That in cases

where the United States is not a formal party to contracts

approved and financed under the Mutual Security Act of 1954, as

amended, the Secretary, upon the recommendation of the head of

any department or agency of the United States, may, in the

exercise of his discretion, waive the application of the

provisions of this subparagraph with respect to any such

contracts, subcontracts, or subordinate contracts, work location

under such contracts, subcontracts, or subordinate contracts, or

classification of employees; or

(5) to any person employed or otherwise engaged for personal

services 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,

and such injury proximately results from a war-risk hazard, whether

or not such person then actually was engaged in the course of his

employment, the provisions of subchapter I of chapter 81 of title

5, as amended, and as modified by this chapter, shall apply with

respect thereto in the same manner and to the same extent as if the

person so employed were a civil employee of the United States and

were injured while in the performance of his duty, and any

compensation found to be due shall be paid from the compensation

fund established pursuant to section 8147 of title 5. This

subsection shall not be construed to include any person who would

otherwise come within the purview of subchapter I of chapter 81 of

title 5.

(b) Missing persons considered as totally disabled

(1) Any person specified in subsection (a) of this section who -

(A) is found to be missing from his place of employment,

whether or not such person then actually was engaged in the

course of his employment, under circumstances supporting an

inference that his absence is due to the belligerent action of a

hostile force or person, or

(B) is known to have been taken by a hostile force or person as

a prisoner, hostage, or otherwise, or

(C) is not returned to his home or to the place where he was

employed by reason of the failure of the United States or its

contractor to furnish transportation,

until such time as he is returned to his home, to the place of his

employment, or is able to be returned to the jurisdiction of the

United States, shall, under such regulations as the Secretary may

prescribe, be regarded solely for the purposes of this subsection

as totally disabled, and the same benefits as are provided for such

disability under this subchapter shall be credited to his account

and be payable to him for the period of such absence or until his

death is in fact established or can be legally presumed to have

occurred: Provided, That if such person has dependents residing in

the United States or its Territories or possessions (including the

United States Naval Operating Base, Guantanamo Bay, Cuba, and the

Canal Zone), the Secretary during the period of such absence may

disburse a part of such compensation, accruing for such total

disability, to such dependents, which shall be equal to the monthly

benefits otherwise payable for death under this subchapter, and the

balance of such compensation for total disability shall accrue and

be payable to such person upon his return from such absence. Any

payment made pursuant to this subsection shall not in any case be

included in computing the maximum aggregate or total compensation

payable for disability or death, as provided in section 1702(a) of

this title: Provided further, That no such payment to such person

or his dependent, on account of such absence, shall be made during

any period such person or dependent, respectively, has received, or

may be entitled to receive, any other payment from the United

States, either directly or indirectly, because of such absence,

unless such person or dependent refunds or renounces such other

benefit or payment for the period claimed.

Benefits found to be due under this subsection shall be paid from

the compensation fund established pursuant to section 8147 of title

5: Provided, That the determination of dependents, dependency, and

amounts of payments to dependents shall be made in the manner

specified in subchapter I of chapter 81 of title 5: Provided

further, That claim for such detention benefits shall be filed in

accordance with and subject to the limitation provisions of

subchapter I of chapter 81 of title 5, as modified by section

1706(c) of this title: And provided further, That except in cases

of fraud or willful misrepresentation, the Secretary may waive

recovery of money erroneously paid under this subdivision whenever

he finds that such recovery would be impracticable or would cause

hardship to the beneficiary affected: And provided further, That

where such a person is found to be missing from his place of

employment whether or not such person then actually was engaged in

the course of his employment, under circumstances supporting an

inference that his absence is due to the belligerent action of a

hostile force or person or is known to have been taken by a hostile

force or person as a prisoner, hostage, or otherwise, the amount of

benefits to be credited to the account of such person under this

subsection, and for the purposes of this subsection only, shall be

100 per centum of the average weekly wages of such person, except

that in computing such benefits such average weekly wages (a) shall

not exceed the average weekly wages paid to civilian employees of

the United States in the same or most similar occupation in the

area nearest to the place of employment where such person was last

employed, and (b) shall not exceed the average weekly wages of such

absent person at the time such absence began; and 70 per centum of

such average weekly wage so determined shall be disbursed to the

dependent or dependents of such person, irrespective of the

limitations of section 909 of title 33, but should there be more

than one such dependent, the distribution of such 70 per centum

shall be proportionate to the percentages allowed for dependents by

section 909 of title 33, and if such manner of disbursement in any

case would result in injustice or excessive allowance for a

dependent, the Secretary may, in his discretion, modify such

percentage or apportionment to meet the requirements of the case;

and in such cases benefits for detention shall accrue from January

1, 1942, unless the beginning of absence occurred upon a later date

in which event benefits shall accrue from such later date, and for

the period of such absence shall be 100 per centum of the average

weekly wages, determined as herein provided: And provided further,

That compensation for disability under this subchapter (except

under allowance for scheduled losses of members or functions of the

body, within the purview of section 1702(a) of this title) shall

not be paid in any case in respect to any period of time during

which benefits for detention may accrue under this subchapter in

the same case, and should a person entitled to benefits for

detention also be entitled to workmen's compensation or similar

benefits under any other law, agreement, or plan (except allowances

for scheduled losses of members or functions of the body), where

such other benefits are paid or to be paid directly or indirectly

by the United States, the amount thereof accruing as to the period

of absence shall be taken into account and the benefits credited to

the account of the detained person reduced accordingly: And

provided further, That where through mistake of fact, absence of

proof of death, or error through lack of adequate information or

otherwise, payments as for detention have in any case been

erroneously made or credited, any resulting overpayment of

detention benefits (the recovery of which is not waived as

otherwise provided for in this section) shall be recouped by the

Secretary in such manner as he shall determine from any unpaid

accruals to the account of the detained person, and if such

accruals are insufficient for such purpose, then from any allowance

of compensation for injury or death in the same case (whether under

this subchapter or under any other law, agreement, or plan, if the

United States pays, or is obligated to pay, such benefits, directly

or indirectly), but only to the extent of the amount of such

compensation benefits payable for the particular period of such

overpayment, and in cases of erroneous payments of compensation for

injury or death, made through mistake of fact, whether under this

subchapter or under any other law, agreement, or plan (if the

United States is obligated to pay such compensation, directly or

indirectly), the Secretary is authorized to recoup from any unpaid

benefits for detention, the amount of any overpayment thus arising;

and any amounts recovered under this section shall be covered into

such compensation fund, and for the foregoing purposes the

Secretary shall have a right of lien, intervention, and recovery in

any claim or proceeding for compensation.

(2) Upon application by such person, or someone on his behalf,

the Secretary may, under such regulations as he may prescribe,

furnish transportation or the cost thereof (including

reimbursement) to any such person from the point where his release

from custody by a hostile force or person is effected, to his some,

the place of his employment, or other place within the jurisdiction

of the United States; but no transportation, or the cost thereof,

shall be furnished under this paragraph where such person is

furnished such transportation, or the cost thereof, under any

agreement with his employer or under any other provision of law.

(3) In the case of death of any such person, if his death

occurred away from his home, the body of such person shall, in the

discretion of the Secretary, and if so desired by his next of kin,

near relative, or legal representative, be embalmed and transported

in a hermetically sealed casket or other appropriate container to

the home of such person or to such other place as may be designated

by such next of kin, near relative, or legal representative. No

expense shall be incurred under this paragraph by the Secretary in

any case where death takes place after repatriation, unless such

death proximately results from a war-risk hazard.

(4) Such benefits for detention, transportation expenses of

repatriated persons, and expenses of embalming, providing sealed or

other appropriate container, and transportation of the body, and

attendants (if required), as approved by the Secretary, shall be

paid out of the compensation fund established under section 8147 of

title 5.

(c) Persons not citizens or residents of United States

Compensation for permanent total or permanent partial disability

or for death payable under this section to persons who are not

citizens of the United States and who are 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 or husband and child or children, or

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

surviving father or mother whom such person 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, at his

option, may commute all future installments of compensation to be

paid to such persons by paying to them one-half of the commuted

amount of such future installments of compensation as determined by

the Secretary.

(d) Persons excepted from coverage

The provisions of this section shall not apply in the case of any

person (1) whose residence is at or in the vicinity of the place of

his employment, and (2) who is not living there solely by virtue of

the exigencies of his employment, unless his injury or death

resulting from injury occurs or his detention begins while in the

course of his employment, or (3) 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-

(Dec. 2, 1942, ch. 668, title I, Sec. 101, 56 Stat. 1028; Dec. 23,

1943, ch. 380, title I, 57 Stat. 626; Aug. 7, 1946, ch. 805, Sec.

1, 60 Stat. 899; June 30, 1953, ch. 176, Secs. 2, 3, 67 Stat. 135;

Pub. L. 85-477, ch. V, Sec. 502(g), June 30, 1958, 72 Stat. 273;

Pub. L. 85-608, title I, Secs. 101, 104, title IV, Sec. 401, Aug.

8, 1958, 72 Stat. 536, 537, 539; Pub. L. 86-70, Sec. 42(a), June

25, 1959, 73 Stat. 151; Pub. L. 87-195, pt. IV, Sec. 702, 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 Mutual Security Act of 1954, referred to in subsec. (a)(4),

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. 201-205(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-V, 74 Stat. 134, which was principally classified to chapter

24 (Sec. 1750 et seq.) of Title 22, Foreign Relations and

Intercourse, 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)(4), 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.

For definition of Canal Zone, referred to in subsec. (b), see

section 3602(b) of Title 22.

-COD-

CODIFICATION

In subsecs. (a) and (b), "subchapter I of chapter 81 of title 5"

and "section 8147 of title 5" substituted for references to act

September 7, 1916, as amended, and section 35 of that Act,

respectively, 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. Prior to the enactment of

Title 5, the act of September 7, 1916, known as the Federal

Employees' Compensation Act, was classified to chapter 15 of Title

5.

Reference to Philippine Islands in subsec. (b)(1) omitted as

obsolete in view of Proc. No. 2695, eff. July 4, 1946, 11 F.R.

7871, 60 Stat. 1352, recognizing independence of Philippines and

withdrawing and surrendering all rights of possession, supervision,

jurisdiction, control, or sovereignty now existing and exercised by

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

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

Intercourse.

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). 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.

1961 - Subsec. (a)(4). Pub. L. 87-195 extended coverage in those

cases where the Secretary of Labor, upon the recommendation of the

head of any department or other agency of the U.S. Government,

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.

1959 - Subsec. (a). Pub. L. 86-70 struck out "or in Alaska or the

Canal Zone" after "continental United States" in pars. (2), (3) and

(5).

1958 - Subsec. (a)(2). Pub. L. 85-608, Sec. 101(a), substituted

"outside the continental United States or in Alaska or the Canal

Zone" for "outside the United States or in Hawaii, Alaska, Puerto

Rico, or the Virgin Islands".

Subsec. (a)(3). Pub. L. 85-608, Sec. 101(b), substituted

provisions relating to injuries to civilian employees outside the

continental United States or in Alaska or the Canal Zone paid from

nonappropriated funds and who are employed in connection with

activities conducted for the mental, physical, and morale

improvement of personnel of the Department of Defense and their

dependents for provisions which related to injuries to persons

employed as civilian employees of post exchanges or ship-service

stores outside the United States or in Hawaii, Alaska, Puerto Rico,

or the Virgin Islands.

Subsec. (a)(4). Pub. L. 85-477 added par. (4).

Subsec. (a)(5). Pub. L. 85-608, Sec. 101(c), added par. (5).

Subsec. (b). Pub. L. 85-608, Sec. 104, substituted "a hostile

force or person" for "an enemy" in four places and for "the enemy".

Subsec. (c). Pub. L. 85-608, Sec. 401, reenacted subsec. (c) and

also repealed section 2 of act June 30, 1953, which had previously

repealed subsec. (c).

Subsec. (d). Pub. L. 85-608, Sec. 101(d), substituted provisions

making section inapplicable to persons who are prisoners of war or

protected persons and who are detained or utilized by the United

States for provisions which made section inapplicable to persons

who are not citizens of the United States and who suffered an

injury, disability, death, or detention by the enemy subsequent to

June 30, 1953.

1953 - Subsec. (c). Act June 30, 1953, Sec. 2, repealed subsec.

(c) which provided for amount of compensation payable to

noncitizens and nonresidents for permanent total or permanent

partial disability or death, limited eligible dependents and

permitted Secretary to commute future installments of compensation.

Subsec. (d). Act June 30, 1953, Sec. 3, added cl. (3).

1946 - Act Aug. 7, 1946, made benefits payable for detention

uniform from date of capture rather than at a reduced rate for 2

years as was the case formerly, prevented dual payments without

impairing compensation rights for disability which continues after

repatriation, and provided for adjustments of overpayments made

under a mistake of facts.

1943 - Subsec. (b)(1). Act Dec. 23, 1943, inserted fourth proviso

in second paragraph.

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

Amendment by Pub. L. 86-70 effective June 25, 1959, see section

47(g) of Pub. L. 86-70, set out as a note under section 1651 of

this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-608 effective June 30, 1958, see section

402 of Pub. L. 85-608, set out as a note under section 1651 of this

title.

EFFECTIVE DATE OF 1943 AMENDMENT

Act Dec. 23, 1943, provided that: "The amendment in paragraph (a)

[amending this section] shall become effective the first day of the

month next following the approval of this Act [Dec. 23, 1943]."

EFFECTIVE DATE

Section 107 of title I of act Dec. 2, 1942, provided: "This title

[enacting this subchapter] shall take effect as of December 7,

1941."

RETROACTIVE EFFECT OF 1946 AMENDMENT; REVIEW OF CASES

Section 2 of act Aug. 7, 1946, provided for application of

section 1 of act Aug. 7, 1946, amending this section, in all cases

coming within the purview of subsec. (b) of this section,

retrospectively to Jan. 1, 1942; and for review by the United

States Employes' Compensation Commission of any case affected by

such provisions, to make the adjustment of benefits which they

require, and to make payments where the detained person has died

since adjudication, to his legal representative.

SHORT TITLE

Section 208 of act Dec. 2, 1942, as added by Pub. L. 85-608, Sec.

105, provided that: "Titles I and II of this Act [enacting

subchapters I and II of this chapter] may be cited as the 'War

Hazards Compensation Act'."

REPEALS

Section 702 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 in so far as section 702 affected this

section.

Section 6 of act June 30, 1953, repealed section 1(a)(13) of act

July 3, 1952, ch. 570, 66 Stat. 331, which defined terms "enemy",

"allies", "national war effort", and "war effort".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Labor, see note set out

under section 1711 of this title.

-MISC2-

INCREASE IN COMPENSATION FOR INJURIES AND DEATH FROM INJURIES

SUSTAINED BEFORE JULY 1, 1946

Pub. L. 87-380, Oct. 4, 1961, 75 Stat. 809, increased the monthly

disability and death compensation payable pursuant to subsec. (a)

of this section with respect to injuries or deaths resulting from

injury sustained prior to July 1, 1946, by 15 per centum, effective

only with respect to disability and death compensation payable for

periods commencing on and after Oct. 4, 1961.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1705 of this title;

title 50 App. sections 2003, 2004.

-End-

-CITE-

42 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1702. Application of Longshore and Harbor Workers'

Compensation Act

-STATUTE-

(a) In the administration of the provisions of subchapter I of

chapter 81 of title 5 with respect to cases coming within the

purview of section 1701 of this title, the scale of compensation

benefits and the provisions for determining the amount of

compensation and the payment thereof as provided in sections 908

and 909 of title 33, so far as the provisions of said sections can

be applied under the terms and conditions set forth therein shall

be payable in lieu of the benefits, except medical benefits,

provided under subchapter I of chapter 81 of title 5: Provided,

That the total compensation payable under this subchapter for

injury or death shall in no event exceed the limitations upon

compensation as fixed in section 914(m) (!1) of title 33 as such

section may from time to time be amended except that the total

compensation shall not be less than that provided for in the

original enactment of this chapter.

(b) For the purpose of computing compensation with respect to

cases coming within the purview of section 1701 of this title, the

provisions of sections 906 and 910 of title 33 shall be applicable:

Provided, That 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 under this subchapter.

-SOURCE-

(Dec. 2, 1942, ch. 668, title I, Sec. 102, 56 Stat. 1031; July 3,

1948, ch. 826, Sec. 4(c), 62 Stat. 1242; Pub. L. 85-608, title I,

Sec. 102, Aug. 8, 1958, 72 Stat. 536; 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 section catchline, 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.

Subsection (m) of section 914 of title 33, referred to in subsec.

(a), was repealed by Pub. L. 92-576, Sec. 5(e), Oct. 27, 1972, 86

Stat. 1254.

-COD-

CODIFICATION

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

references to Act of September 7, 1916, as amended, 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.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 substituted "Longshore and Harbor Workers'

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

Compensation Act" wherever appearing.

1958 - Subsec. (a). Pub. L. 85-608 struck out proviso that

required any amendment to the Longshoremen's and Harbor Workers'

Compensation Act which increased the amount of benefits payable for

injury or death to be applied in the administration of this section

as if the amendment had been in effect at the time of the

particular injury or death.

1948 - Subsec. (a). Act July 3, 1948, inserted all text in

proviso beginning "as fixed in section 914(m) of title 33".

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 1958 AMENDMENT

Amendment by Pub. L. 85-608 effective June 30, 1958, see section

402 of Pub. L. 85-608, set out as a note under section 1651 of this

title.

BENEFITS ADJUDICATED PRIOR TO AUGUST 8, 1958

Section 102 of Pub. L. 85-608 provided that the amendment made by

that section shall not affect benefits adjudicated thereunder prior

to Aug. 8, 1958.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1703. "Contractor with the United States" defined

-STATUTE-

As used in this subchapter, the term "contractor with the United

States" includes any subcontractor or subordinate subcontractor

with respect to the contract of such contractor.

-SOURCE-

(Dec. 2, 1942, ch. 668, title I, Sec. 103, 56 Stat. 1031.)

-End-

-CITE-

42 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1704. Reimbursement

-STATUTE-

(a) Payments reimbursable; filing claim for reimbursement;

regulations for payment of direct benefits

Where any employer or his insurance carrier or compensation fund

pays or is required to pay benefits -

(1) to any person or fund on account of injury or death of any

person coming within the purview of this subchapter or chapter 11

of this title, if such injury or death arose from a war-risk

hazard, which are payable under any workmen's compensation law of

the United States or of any State, Territory, or possession of

the United States, or other jurisdiction; or

(2) to any person by reason of any agreement outstanding on

December 2, 1942 made in accordance with a contract between the

United States and any contractor therewith to pay benefits with

respect to the death of any employee of such contractor occurring

under circumstances not entitling such person to benefits under

any workmen's compensation law or to pay benefits with respect to

the failure of the United States or its contractor to furnish

transportation upon the completion of the employment of any

employee of such contractor to his home or to the place where he

was employed; or

(3) to any person by reason of an agreement approved or

authorized by the United States under which a contractor with the

United States has agreed to pay workmen's compensation benefits

or benefits in the nature of workmen's compensation benefits to

an injured employee or his dependents on account of detention by

a hostile force or person or on account of injury or death

arising from a war-risk hazard;

such employer, carrier, or fund shall be entitled to be reimbursed

for all benefits so paid or payable, including funeral and burial

expenses, medical, hospital, or other similar costs for treatment

and care; and reasonable and necessary claims expense in connection

therewith. Claim for such reimbursement shall be filed with the

Secretary under regulations promulgated by him, and such claims, or

such part thereof as may be allowed by the Secretary, shall be paid

from the compensation fund established under section 8147 of title

5. The Secretary may, under such regulations as he shall prescribe,

pay such benefits, as they accrue and in lieu of reimbursement,

directly to any person entitled thereto, and the insolvency of such

employer, insurance carrier, or compensation fund shall not affect

the right of the beneficiaries of such benefits to receive the

compensation directly from the said compensation fund established

under section 8147 of title 5. The Secretary may also, under such

regulations as he shall prescribe, use any private facilities, or

such Government facilities as may be available, for the treatment

or care of any person entitled thereto.

(b) Charging of premiums as prohibiting reimbursement

No reimbursement shall be made under this subchapter in any case

in which the Secretary finds that the benefits paid or payable were

on account of injury, detention, or death which arose from a

war-risk hazard for which a premium (which included an additional

charge or loading for such hazard) was charged.

(c) Injury or death occurring within any State

The provisions of this section shall not apply with respect to

benefits on account of any injury or death occurring within any

State.

-SOURCE-

(Dec. 2, 1942, ch. 668, title I, Sec. 104, 56 Stat. 1031; Pub. L.

85-608, title I, Sec. 104, Aug. 8, 1958, 72 Stat. 537; Pub. L.

86-70, Sec. 42(b), June 25, 1959, 73 Stat. 151.)

-COD-

CODIFICATION

In subsec. (a), "section 8147 of title 5" substituted for

"section 35 of such Act of September 7, 1916, 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.

-MISC1-

AMENDMENTS

1959 - Subsec. (c). Pub. L. 86-70 added subsec. (c).

1958-Subsec. (a)(3). Pub. L. 85-608 substituted "a hostile force

or person" for "the enemy".

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-70 effective June 25, 1959, see section

47(g) of Pub. L. 86-70, set out as a note under section 1651 of

this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-608 effective June 30, 1958, see section

402 of Pub. L. 85-608, set out as a note under section 1651 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Labor, see note set out

under section 1711 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 2004.

-End-

-CITE-

42 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1705. Receipt of workmen's compensation benefits

-STATUTE-

(a) Receipt of benefits under other provisions

No benefits shall be paid or furnished under the provisions of

this subchapter for injury or death to any person who recovers or

receives workmen's compensation benefits for the same injury or

death under any other law of the United States, or under the law of

any State, Territory, possession, foreign country, or other

jurisdiction, or benefits in the nature of workmen's compensation

benefits payable under an agreement approved or authorized by the

United States pursuant to which a contractor with the United States

has undertaken to provide such benefits.

(b) Lien and right of recovery against compensation payable under

other provisions

The Secretary shall have a lien and a right of recovery, to the

extent of any payments made under this subchapter on account of

injury or death, against any compensation payable under any other

workmen's compensation law on account of the same injury or death;

and any amounts recovered under this subsection shall be covered

into the fund established under section 8147 of title 5.

(c) Receipt of wages as credit against payment under this

subchapter; intervention by Secretary in proceeding to recover

wages, etc.

Where any person specified in section 1701(a) of this title, or

the dependent, beneficiary, or allottee of such person, receives or

claims wages, payments in lieu of wages, insurance benefits for

disability or loss of life (other than workmen's compensation

benefits), and the cost of such wages, payments, or benefits is

provided in whole or in part by the United States, the amount of

such wages, payments, or benefits shall be credited, in such manner

as the Secretary shall determine, against any payments to which any

such person is entitled under this subchapter.

Where any person specified in section 1701(a) of this title, or

any dependent, beneficiary, or allottee of such person, or the

legal representative or estate of any such entities, after having

obtained benefits under this subchapter, seeks through any

proceeding, claim, or otherwise, brought or maintained against the

employer, the United States, or other person, to recover wages,

payments in lieu of wages, or any sum claimed as for services

rendered, or for failure to furnish transportation, or for

liquidated or unliquidated damages under the employment contract,

or any other benefit, and the right in respect thereto is alleged

to have accrued during or as to any period of time in respect of

which payments under this subchapter in such case have been made,

and in like cases where a recovery is made or allowed, the

Secretary shall have the right of intervention and a lien and right

of recovery to the extent of any payments paid and payable under

this subchapter in such case, provided the cost of such wages,

payments in lieu of wages, or other such right, may be directly or

indirectly paid by the United States; and any amounts recovered

under this subsection shall be covered into the fund established

under section 8147 of title 5.

(d) Entitlement to benefits by national of a foreign government

under foreign laws

Where a national of a foreign government is entitled to benefits

on account of injury or death resulting from a war-risk hazard,

under the laws of his native country or any other foreign country,

the benefits of this subchapter shall not apply.

(e) Receipt of benefits for prior accident or disease

If at the time a person sustains an injury coming within the

purview of this subchapter said person is receiving workmen's

compensation benefits on account of a prior accident or disease,

said person shall not be entitled to any benefits under this

subchapter during the period covered by such workmen's compensation

benefits unless the injury from a war-risk hazard increases his

disability, and then only to the extent such disability has been so

increased.

-SOURCE-

(Dec. 2, 1942, ch. 668, title I, Sec. 105, 56 Stat. 1032; Dec. 23,

1943, ch. 380, title I, 57 Stat. 627.)

-COD-

CODIFICATION

In subsecs. (b) and (c), "section 8147 of title 5" was

substituted for "section 35 of such Act of September 7, 1916, 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.

-MISC1-

AMENDMENTS

1943 - Subsec. (c). Act Dec. 23, 1943, added second par.

EFFECTIVE DATE OF 1943 AMENDMENT

Act Dec. 23, 1943, provided that: "The amendment in paragraph (a)

[amending this section] shall become effective as of the effective

date of title I of such Act of December 2, 1942 [sections 1701 to

1706 of this title]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Labor, see note set out

under section 1711 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 2004.

-End-

-CITE-

42 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER I - COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF

LABOR

-HEAD-

Sec. 1706. Administration

-STATUTE-

(a) Rules and regulations

The provisions of this subchapter shall be administered by the

Secretary of Labor, and the Secretary is authorized to make rules

and regulations for the administration thereof and to contract with

insurance carriers for the use of the service facilities of such

carriers for the purpose of facilitating administration.

(b) Agreements and working arrangements with other agencies, etc.

In administering the provisions of this subchapter the Secretary

may enter into agreements or cooperative working arrangements with

other agencies of the United States or of any State (including the

District of Columbia, Hawaii, Alaska, Puerto Rico, and the Virgin

Islands) or political subdivision thereof, and with other public

agencies and private persons, agencies, or institutions, within and

outside the United States, to utilize their services and facilities

and to compensate them for such use. The Secretary may delegate to

any officer or employee, or to any agency, of the United States or

of any State, or of any political subdivision thereof, or Territory

or possession of the United States, such of his powers and duties

as he finds necessary for carrying out the purposes of this

subchapter.

(c) Waiver of notice of injury and filing of claims

The Secretary, in his discretion, may waive the limitation

provisions of subchapter I of chapter 81 of title 5 with respect to

notice of injury and filing of claims under this subchapter,

whenever the Secretary shall find that, because of circumstances

beyond the control of an injured person or his beneficiary,

compliance with such provisions could not have been accomplished

within the time therein specified.

-SOURCE-

(Dec. 2, 1942, ch. 668, title I, Sec. 106, 56 Stat. 1033.)

-COD-

CODIFICATION

In subsec. (c), "subchapter I of chapter I of title 5"

substituted for reference to Act of September 7, 1916, as amended,

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.

-TRANS-

TRANSFER OF FUNCTIONS

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

Security Administrator" and "Administrator", respectively, in text,

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.

-MISC1-

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 50 App. section 2004.

-End-

-CITE-

42 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1711. Definitions

-STATUTE-

When used in this chapter -

(a) The term "Secretary" means the Secretary of Labor.

(b) The term "war-risk hazard" means any hazard arising during a

war in which the United States is engaged; during an armed conflict

in which the United States is engaged, whether or not war has been

declared; or during a war or armed conflict between military forces

of any origin, occurring within any country in which a person

covered by this chapter is serving; from -

(1) the discharge of any missile (including liquids and gas) or

the use of any weapon, explosive, or other noxious thing by a

hostile force or person or in combating an attack or an imagined

attack by a hostile force or person; or

(2) action of a hostile force or person, including rebellion or

insurrection against the United States or any of its Allies; or

(3) the discharge or explosion of munitions intended for use in

connection with a war or armed conflict with a hostile force or

person as defined herein (except with respect to employees of a

manufacturer, processor, or transporter of munitions during the

manufacture, processing, or transporting thereof, or while stored

on the premises of the manufacturer, processor, or transporter);

or

(4) the collision of vessels in convoy or the operation of

vessels or aircraft without running lights or without other

customary peacetime aids to navigation; or

(5) the operation of vessels or aircraft in a zone of

hostilities or engaged in war activities.

(c) The term "hostile force or person" means any nation, any

subject of a foreign nation, or any other person serving a foreign

nation (1) engaged in a war against the United States or any of its

allies, (2) engaged in armed conflict, whether or not war has been

declared, against the United States or any of its allies, or (3)

engaged in a war or armed conflict between military forces of any

origin in any country in which a person covered by this chapter is

serving.

(d) 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.

(e) The term "war activities" includes activities directly

relating to military operations.

(f) the (!1) term "continental United States" means the States

and the District of Columbia.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 201, 56 Stat. 1033; 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; June 30, 1953, ch. 176 Sec. 1, 67 Stat.

134; June 30, 1954, ch. 431, Sec. 1, 68 Stat. 336; June 30, 1955,

ch. 257, Sec. 1, 69 Stat. 241; July 9, 1956, ch. 537, Sec. 1, 70

Stat. 519; Pub. L. 85-70, June 29, 1957, 71 Stat. 242; Pub. L.

85-608, title I, Secs. 103, 104, Aug. 8, 1958, 72 Stat. 537; Pub.

L. 86-70, Sec. 42(c), June 25, 1959, 73 Stat. 151.)

-COD-

CODIFICATION

In the original of act Dec. 2, 1942, Sec. 201, the opening clause

read "When used in this Act (except when used in title III) - ".

Title III of such Act amended section 1651 of this title which is

not in this chapter. Therefore, because of the use of the

restrictive term "this chapter", in this section, the words in

parenthesis "except when used in title III" were omitted as

unnecessary. This chapter comprises the remainder of such Act.

-MISC1-

AMENDMENTS

1959 - Subsec. (f). Pub. L. 86-70 added subsec. (f).

1958 - Subsec. (b). Pub. L. 85-608, Sec. 103(a), struck out

provisions which defined "war-risk hazard" to mean hazards arising

after Dec. 6, 1941, and prior to July 1, 1958, and inserted

provisions redefining term to include hazards arising during a war

or an armed conflict in which the United States is engaged, and

hazards arising during a war or armed conflict between military

forces of any origin, occurring within any country in which a

person covered by this chapter is serving.

Subsec. (b)(1). Pub. L. 85-608, Sec. 104, substituted "a hostile

force or person" for "an enemy" in two places.

Subsec. (b)(2). Pub. L. 85-608, Sec. 104, substituted "a hostile

force or person" for "the enemy".

Subsec. (b)(3). Pub. L. 85-608, Sec. 103(b), substituted "a war

or armed conflict with a hostile force or person as defined herein"

for "the national war effort", and excepted employees of

transporters of munitions during the transportation thereof or

while the munitions are stored on the premises of the transporter.

Subsec. (c). Pub. L. 85-608, Sec. 103(c), substituted provisions

defining "hostile force or person" for provisions which defined

"enemy" to mean any nation, government, or force engaged in armed

conflict with the Armed Forces of the United States or of any of

its allies.

Subsec. (d). Pub. L. 85-608, Sec. 103(d), substituted provisions

redefining "allies" to mean 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 for

provisions which defined the term as meaning any nation,

government, or force participating with the United States in any

armed conflict.

Subsec. (e). Pub. L. 85-608, Sec. 103(e), substituted definition

of "war activities" for provisions defining "national war effort"

and "war effort".

Subsec. (f). Pub. L. 85-608, Sec. 103(f), repealed subsec. (f)

which defined "war activities", now covered by subsec. (e) of this

section.

1957 - Subsec. (b). Pub. L. 85-70 substituted "July 1, 1958" for

"July 1, 1957".

1956 - Subsec. (b). Act July 9, 1956, substituted "July 1, 1957"

for "July 1, 1956".

1955 - Subsec. (b). Act June 30, 1955, substituted "July 1, 1956"

for "July 1, 1955".

1954 - Subsec. (b). Act June 30, 1954, substituted "July 1, 1955"

for "July 1, 1954".

1953 - Subsec. (b). Act June 30, 1953, Sec. 1(a), substituted

"July 1, 1954" for "the end of the present war".

Subsecs. (c) to (f). Act June 30, 1953, Sec. 1(b), added subsecs.

(c) to (f).

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-70 effective June 25, 1959, see section

47(g) of Pub. L. 86-70, set out as a note under section 1651 of

this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-608 effective June 30, 1958, see section

402 of Pub. L. 85-608, set out as a note under section 1651 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

" 'Secretary' means the Secretary of Labor" substituted for "

'Administrator' means the Federal Security Administrator" in

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

May 24, 1950, 15 F.R. 2178, 64 Stat. 1271, which transferred

functions of Federal Security Administrator to Secretary of Labor.

Previously, " 'Administrator' means the Federal Security

Administrator" substituted for " 'Commission' means the United

States Employees' Compensation 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.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1712. Disqualification from benefits

-STATUTE-

No person convicted in a court of competent jurisdiction of any

subversive act against the United States or any of its Allies,

committed after the declaration by the President on May 27, 1941,

of the national emergency, shall be entitled to compensation or

other benefits under subchapter I of this chapter, nor shall any

compensation be payable with respect to his death or detention

under said subchapter, and upon indictment or the filing of an

information charging the commission of any such subversive act, all

such compensation or other benefits shall be suspended and remain

suspended until acquittal or withdrawal of such charge, but upon

conviction thereof or upon death occurring prior to a final

disposition thereof, all such payments and all benefits under said

subchapter shall be forfeited and terminated. If the charge is

withdrawn, or there is an acquittal, all such compensation withheld

shall be paid to the person or persons entitled thereto.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 202, 56 Stat. 1034.)

-MISC1-

NATIONAL EMERGENCY DECLARED ON MAY 27, 1941

The national emergency declared by the President on May 27, 1941,

by Proc. No. 2487, 6 F.R. 2617, 55 Stat. 1647, was terminated April

28, 1952 by Proc. No. 2974, Apr. 30, 1952, 17 F.R. 3813, 66 Stat.

c31, set out as a note preceding section 1 of Appendix to Title 50,

War and National Defense.

-End-

-CITE-

42 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1713. Fraud; penalties

-STATUTE-

Whoever, for the purpose of causing an increase in any payment

authorized to be made under this chapter, or for the purpose of

causing any payment to be made where no payment is authorized

hereunder, shall knowingly make or cause to be made, or aid or abet

in the making of any false statement or representation of a

material fact in any application for any payment under subchapter I

of this chapter, or knowingly make or cause to be made, or aid or

abet in the making of any false statement, representation,

affidavit, or document in connection with such an application, or

claim, shall be guilty of a misdemeanor and upon conviction thereof

shall be fined not more than $1,000 or imprisoned for not more than

one year, or both.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 203, 56 Stat. 1034.)

-End-

-CITE-

42 USC Sec. 1714 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1714. Legal services

-STATUTE-

No claim for legal services or for any other services rendered in

respect of a claim or award for compensation under subchapter I of

this chapter to or on account of any person shall be valid unless

approved by the Secretary; and any claim so approved shall, in the

manner and to the extent fixed by the said Secretary, be paid out

of the compensation payable to the claimant; and any person who

receives any fee, other consideration, or any gratuity on account

of services so rendered, unless such consideration or gratuity is

so approved, or who solicits employment for another person or for

himself in respect of any claim or award for compensation under

said subchapter shall be guilty of a misdemeanor and upon

conviction thereof shall, for each offense, be fined not more than

$1,000 or imprisoned not more than one year, or both.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 204, 56 Stat. 1034.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Labor, see note set out

under section 1711 of this title.

-End-

-CITE-

42 USC Sec. 1715 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1715. Finality of Secretary's decisions

-STATUTE-

The action of the Secretary in allowing or denying any payment

under subchapter I of this chapter shall be final and conclusive on

all questions of law and fact and not subject to review by any

other official of the United States or by any court by mandamus or

otherwise, and the Comptroller General is authorized and directed

to allow credit in the accounts of any certifying or disbursing

officer for payments in accordance with such action.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 205, 56 Stat. 1034.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Labor, see note set out

under section 1711 of this title.

-End-

-CITE-

42 USC Sec. 1716 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1716. Presumption of death or detention

-STATUTE-

A determination that an individual is dead or a determination

that he has been detained by a hostile force or person may be made

on the basis of evidence that he has disappeared under

circumstances such as to make such death or detention appear

probable.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 206, 56 Stat. 1034; Pub. L.

85-608, title I, Sec. 104, Aug. 8, 1958, 72 Stat. 537.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-608 substituted "a hostile force or person" for

"the enemy".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-608 effective June 30, 1958, see section

402 of Pub. L. 85-608, set out as a note under section 1651 of this

title.

-End-

-CITE-

42 USC Sec. 1717 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 12 - COMPENSATION FOR INJURY, DEATH, OR DETENTION OF

EMPLOYEES OF CONTRACTORS WITH UNITED STATES

OUTSIDE UNITED STATES

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1717. Assignment of benefits; execution, levy, etc., against

benefits

-STATUTE-

The right of any person to any benefit under subchapter I of this

chapter shall not be transferable or assignable at law or in equity

except to the United States, and none of the moneys paid or payable

(except money paid hereunder as reimbursement for funeral expenses

or as reimbursement with respect to payments of workmen's

compensation or in the nature of workmen's compensation benefits),

or rights existing under said subchapter, shall be subject to

execution, levy, attachment, garnishment, or other legal process or

to the operation of any bankruptcy or insolvency law.

-SOURCE-

(Dec. 2, 1942, ch. 668, title II, Sec. 207, 56 Stat. 1035.)

-End-