
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1651]

 
                 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
 
Sec. 1651. Compensation authorized


(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.

(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.)

                       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.

                          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.


                               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.

                          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.


                            Cross References

    ``Allies'' and ``war activities'' as used in subsec. (b) defined, 
see section 1711 of this title.
    Compensation for injury, death, or detention of employees of 
contractors with United States outside of the United States, see section 
1701 et seq. of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1701 of this title; title 22 
sections 1475d, 2680a.
