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42 U.S.C. § 1704 — Reimbursement
Federal law — U.S. Code and appendices · legal_authorities
**(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 nec
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Source file: Laws/federal/codes/united-states-code/title-42/section-1704-reimbursement--a8128edd99.md
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Source location: Title 42, Chapter 12, § 1704; chapter-012-compensation-for-injury-death-or-detention-of-employees-of-contractors-with-united-states-outside-united-states.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8147&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8147&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title.
**(b)** Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees’ Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not depen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8147
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1711
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1651
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Civilian American citizen” defined** As used in subsections (b) and (f) of this section, the term “civilian American citizen” means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway, Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government, or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (1) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (2) a person who at the time of his capture or entrance into hiding was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.
**(b) Payment of detention benefits** The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to December 6, 1941, during which he was held by the Imperial Japanese Government as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by such Imperial Japanese Government.
**(c) Amount of detention benefits** The detention benefit allowed to any person under the provisions of subsection (b) shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age.
**(d) Persons entitled to detention benefits** The detention benefits allowed under
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Federal law — U.S. Code and appendices · legal_authorities
Page 4873
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1704
provided for in the original enactment of this
chapter.
(b) For the purpose of computing compensa-
tion with respect to cases coming within the
purview of section 1701 of this title, the provi-
sions 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.
(Dec. 2, 1942, ch. 668, title I, § 102, 56 Stat. 1031;
July 3, 1948, ch. 826, § 4(c), 62 Stat. 1242; Pub. L.
85–608, title I, § 102, Aug. 8, 1958, 72 Stat. 536; Pub.
L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)
Editorial Notes
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, which is classified generally to
chapter 18 (§ 901 et seq.) of Title 33, Navigation and Nav-
igable 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, § 5(e), Oct. 27,
1972, 86 Stat. 1254.
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, § 7(b), Sept. 6, 1966, 80
Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
AMENDMENTS
1984—Pub. L. 98–426 substituted ‘‘Longshore and Har-
bor Workers’ Compens
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1704
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