42 U.S.C. § 1653 — Untitled legal text

Page 4867 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1653 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, § 202, Aug. 8, 1958, 72 Stat. 538, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Defense Base Act’.’’ REPEALS Pub. L. 87–195, pt. IV, § 701, Sept. 4, 1961, 75 Stat. 463, cited as a credit to this section, was repealed by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 701 affected this section. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously 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. § 1652. Computation of benefits; application to aliens and nonnationals (a) The minimum limit on weekly compensa- tion for disability, established by section 906(b) of title 33, and the minimum limit on the aver- age weekly wages on which death benefits are to be computed, established by section 909(e) of title 33, shall not apply in computing compensa- tion and death benefits under this chapter. (b) Compensation for permanent total or per- manent partial disability under section 908(c)(21) of title 33, or for death under this chapter to aliens and nonnationals of the United States 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 and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee 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 of Labor may, at his option or upon the application of the insurance carrier shall, commute all future installments of com- pensation to be paid to such aliens or non- nationals of the United States by paying or causing to be paid to them one-half of the com- muted amount of such future installments of compensation as determined by the Secretary. (Aug. 16, 1941, ch. 357, § 2, 55 Stat. 623; 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; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–426 substituted ref- erences to sections of the Longshore and Harbor Work- ers’ Compensation Act for sections of the Longshore- men’s and Harbor Workers’ Compensation Act, which references have been translated to sections of title 33, thus requiring no change in text. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Labor’’ and ‘‘Secretary’’ substituted for ‘‘Federal Security Administrator’’ and ‘‘Adminis- trator’’, respectively, in subsec. (b), 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 Secu- rity 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. § 1653. Compensation districts; judicial pro- ceedings (a) The Secretary of Labor is authorized to ex- tend compensation districts established under the Longshore and Harbor Workers’ Compensa- tion Act, approved March 4, 1927 (44 Stat. 1424) [33 U.S.C. 901 et seq.], or to establish new com- pensation districts, to include any area to which this chapter applies; and to assign to each such district one or more deputy commissioners, as the Secretary may deem necessary. (b) Judicial proceedings provided under sec- tions 18 and 21 of the Longshore and Harbor Workers’ Compensation Act [33 U.S.C. 918, 921] in respect to a compensation order made pursu- ant to this chapter shall be instituted in the United States district court of the judicial dis- trict wherein is located the office of the deputy commissioner whose compensation order is in- volved if his office is located in a judicial dis- trict, and if not so located, such judicial pro- ceedings shall be instituted in the judicial dis- trict nearest the base at which the injury or death occurs. (Aug. 16, 1941, ch. 357, § 3, 55 Stat. 623; 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; 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 text, 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 Navigable Wa- ters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–426 substituted ‘‘Longshore and Harbor Workers’ Compensation Act’’ for ‘‘Longshoremen’s and Harbor Workers’ Compensa- tion Act’’. Page 4868 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1654 Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Labor’’ and ‘‘Secretary’’ substituted for ‘‘Federal Security Administrator’’ and ‘‘Adminis- trator’’, respectively, in subsec. (a), 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 Secu- rity 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. § 1654. Persons excluded from benefits This chapter shall not apply in respect to the injury or death of (1) an employee subject to the provisions of subchapter I of chapter 81 of title 5; (2) an employee engaged in agriculture, do- mestic service, or any employment that is cas- ual and not in the usual course of the trade, business, or profession of the employer; and (3) a master or member of a crew of any vessel. (Aug. 16, 1941, ch. 357, § 4, 55 Stat. 623.) Editorial Notes CODIFICATION ‘‘Subchapter I of chapter 81 of title 5’’ substituted for reference to act Sept. 7, 1916 (39 Stat. 742), 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 Organiza- tion and Employees. § 1655. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance (a) In general The Secretary of Defense shall adopt an acqui- sition strategy for insurance required by the De- fense Base Act (42 U.S.C. 1651 et seq.) which minimizes the cost of such insurance to the De- partment of Defense and to defense contractors subject to such Act. (b) Criteria The Secretary shall ensure that the acquisi- tion strategy adopted pursuant to subsection (a) addresses the following criteria: (1) Minimize overhead costs associated with obtaining such insurance, such as direct or in- direct costs for contract management and con- tract administration. (2) Minimize costs for coverage of such in- surance consistent with realistic assumptions regarding the likelihood of incurred claims by contractors of the Department. (3) Provide for a correlation of premiums paid in relation to claims incurred that is modeled on best practices in government and industry for similar kinds of insurance. (4) Provide for a low level of risk to the De- partment. (5) Provide for a competitive marketplace for insurance required by the Defense Base Act [42 U.S.C. 1651 et seq.] to the maximum extent practicable. (c) Options In adopting the acquisition strategy pursuant to subsection (a), the Secretary shall consider such options (including entering into a single Defense Base Act insurance contract) as the Secretary deems to best satisfy the criteria identified under subsection (b). (d) Report (1) Not later than 270 days after October 14, 2008, the Secretary shall submit to the Commit- tees on Armed Services of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representa- tives a report on the acquisition strategy adopt- ed pursuant to subsection (a). (2) The report shall include a discussion of each of the options considered pursuant to sub- section (c) and the extent to which each option addresses the criteria identified under sub- section (b), and shall include a plan to imple- ment within 18 months after October 14, 2008, the acquisition strategy adopted by the Sec- retary. (e) Review of acquisition strategy As considered appropriate by the Secretary, but not less often than once every 3 years, the Secretary shall review and, as necessary, update the acquisition strategy adopted pursuant to subsection (a) to ensure that it best addresses the criteria identified under subsection (b). (Pub. L. 110–417, [div. A], title VIII, § 843, Oct. 14, 2008, 122 Stat. 4540.) Editorial Notes REFERENCES IN TEXT The Defense Base Act, referred to in section catchline and subsecs. (a) to (c), is act Aug. 16, 1941, ch. 357, 55 Stat. 622, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of this title and Tables. CODIFICATION Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and not as part of the Defense Base Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023.