
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: 42USC1704]

 
                 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. 1704. Reimbursement


(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.

(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.)

                          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.


                               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.

                          Transfer of Functions

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

                  Section Referred to in Other Sections

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