
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: 42USC1701]

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

(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.

(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.)

                       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.

                          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.


                               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''.

                          Transfer of Functions

    For transfer of functions to Secretary of Labor, see note set out 
under section 1711 of this title.


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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1702, 1705 of this title; 
title 50 App. sections 2003, 2004.
