42 U.S.C. § 1711 — Definitions

Page 4875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1711 benefits under this subchapter during the period covered by such workmen’s compensation bene- fits unless the injury from a war-risk hazard in- creases his disability, and then only to the ex- tent such disability has been so increased. (Dec. 2, 1942, ch. 668, title I, § 105, 56 Stat. 1032; Dec. 23, 1943, ch. 380, title I, 57 Stat. 627.) Editorial Notes 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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. AMENDMENTS 1943—Subsec. (c). Act Dec. 23, 1943, added second par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1943 AMENDMENT Act Dec. 23, 1943, provided that: ‘‘The amendment in paragraph (a) [amending this section] shall become ef- fective as of the effective date of title I of such Act of December 2, 1942 [sections 1701 to 1706 of this title].’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 1706. Administration (a) Rules and regulations The provisions of this subchapter shall be ad- ministered by the Secretary of Labor, and the Secretary is authorized to make rules and regu- lations for the administration thereof and to contract with insurance carriers for the use of the service facilities of such carriers for the pur- pose of facilitating administration. (b) Agreements and working arrangements with other agencies, etc. In administering the provisions of this sub- chapter the Secretary may enter into agree- ments 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 Is- lands) or political subdivision thereof, and with other public agencies and private persons, agen- cies, or institutions, within and outside the United States, to utilize their services and fa- cilities 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 sub- division thereof, or Territory or possession of the United States, such of his powers and duties as he finds necessary for carrying out the pur- poses 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 in- jury and filing of claims under this subchapter, whenever the Secretary shall find that, because of circumstances beyond the control of an in- jured person or his beneficiary, compliance with such provisions could not have been accom- plished within the time therein specified. (Dec. 2, 1942, ch. 668, title I, § 106, 56 Stat. 1033.) Editorial Notes 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’ Compensa- tion 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Labor’’ and ‘‘Secretary’’ substituted for ‘‘Federal Security Administrator’’ and ‘‘Adminis- trator’’, respectively, in text, pursuant to Reorg. Plan No. 19 of 1950, § 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 Em- ployees’ Compensation Commission’’ and ‘‘Commis- sion’’ pursuant to Reorg. Plan No. 2 of 1946, § 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 Ad- ministrator. 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. SUBCHAPTER II—MISCELLANEOUS PROVISIONS § 1711. Definitions 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, ex- plosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or per- son; or (2) action of a hostile force or person, includ- ing 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 em- Page 4876 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1712 1 So in original. Probably should be capitalized. ployees of a manufacturer, processor, or trans- porter 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 run- ning lights or without other customary peace- time 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) en- gaged 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) en- gaged in a war or armed conflict between mili- tary forces of any origin in any country in which a person covered by this chapter is serv- ing. (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 activi- ties directly relating to military operations. (f) the 1 term ‘‘continental United States’’ means the States and the District of Columbia. (Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; June 30, 1953, ch. 176 § 1, 67 Stat. 134; June 30, 1954, ch. 431, § 1, 68 Stat. 336; June 30, 1955, ch. 257, § 1, 69 Stat. 241; July 9, 1956, ch. 537, § 1, 70 Stat. 519; Pub. L. 85–70, June 29, 1957, 71 Stat. 242; Pub. L. 85–608, title I, §§ 103, 104, Aug. 8, 1958, 72 Stat. 537; Pub. L. 86–70, § 42(c), June 25, 1959, 73 Stat. 151.) Editorial Notes CODIFICATION In the original of act Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033, 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 re- strictive term ‘‘this chapter’’, in this section, the words in parenthesis ‘‘except when used in title III’’ were omitted as unnecessary. This chapter comprises the re- mainder of such Act. AMENDMENTS 1959—Subsec. (f). Pub. L. 86–70 added subsec. (f). 1958—Subsec. (b). Pub. L. 85–608, § 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, § 104, substituted ‘‘a hos- tile force or person’’ for ‘‘an enemy’’ in two places. Subsec. (b)(2). Pub. L. 85–608, § 104, substituted ‘‘a hos- tile force or person’’ for ‘‘the enemy’’. Subsec. (b)(3). Pub. L. 85–608, § 103(b), substituted ‘‘a war or armed conflict with a hostile force or person as defined herein’’ for ‘‘the national war effort’’, and ex- cepted 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, § 103(c), substituted provi- sions defining ‘‘hostile force or person’’ for provisions which defined ‘‘enemy’’ to mean any nation, govern- ment, or force engaged in armed conflict with the Armed Forces of the United States or of any of its al- lies. Subsec. (d). Pub. L. 85–608, § 103(d), substituted provi- sions redefining ‘‘allies’’ to mean any nation with which the United States is engaged in a common mili- tary effort or with which the United States has entered into a common defensive military alliance for provi- sions 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, § 103(e), substituted defini- tion of ‘‘war activities’’ for provisions defining ‘‘na- tional war effort’’ and ‘‘war effort’’. Subsec. (f). Pub. L. 85–608, § 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, § 1(a), substituted ‘‘July 1, 1954’’ for ‘‘the end of the present war’’. Subsecs. (c) to (f). Act June 30, 1953, § 1(b), added sub- secs. (c) to (f). Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘ ‘Secretary’ means the Secretary of Labor’’ sub- stituted for ‘‘ ‘Administrator’ means the Federal Secu- rity Administrator’’ in subsec. (a), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 2178, 64 Stat. 1271, which transferred functions of Federal Secu- rity Administrator to Secretary of Labor. Previously, ‘‘ ‘Administrator’ means the Federal Se- curity Administrator’’ substituted for ‘‘ ‘Commission’ means the United States Employees’ Compensation Commission’’ pursuant to Reorg. Plan No. 2 of 1946, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abol- ished United States Employees’ Compensation Commis- sion and transferred its functions to Federal Security Administrator. § 1712. Disqualification from benefits 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 enti- tled to compensation or other benefits under subchapter I, nor shall any compensation be