42 U.S.C. § 1705 — Receipt of workmen’s compensation bene-

Page 4874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1705 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 reim- bursement 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 pre- mium (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, § 104, 56 Stat. 1031; Pub. L. 85–608, title I, § 104, Aug. 8, 1958, 72 Stat. 537; Pub. L. 86–70, § 42(b), June 25, 1959, 73 Stat. 151.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 8147 of title 5’’ substituted for ‘‘section 35 of such Act of September 7, 1916, as amend- ed’’, 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 1959—Subsec. (c). Pub. L. 86–70 added subsec. (c). 1958–Subsec. (a)(3). Pub. L. 85–608 substituted ‘‘a hos- tile force or person’’ for ‘‘the enemy’’. 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 For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 1705. Receipt of workmen’s compensation bene- fits (a) Receipt of benefits under other provisions No benefits shall be paid or furnished under the provisions of this subchapter for injury or death to any person who recovers or receives workmen’s compensation benefits for the same injury or death under any other law of the United States, or under the law of any State, Territory, possession, foreign country, or other jurisdiction, or benefits in the nature of work- men’s compensation benefits payable under an agreement approved or authorized by the United States pursuant to which a contractor with the United States has undertaken to provide such benefits. (b) Lien and right of recovery against compensa- tion payable under other provisions The Secretary shall have a lien and a right of recovery, to the extent of any payments made under this subchapter on account of injury or death, against any compensation payable under any other workmen’s compensation law on ac- count of the same injury or death; and any amounts recovered under this subsection shall be covered into the fund established under sec- tion 8147 of title 5. (c) Receipt of wages as credit against payment under this subchapter; intervention by Sec- retary in proceeding to recover wages, etc. Where any person specified in section 1701(a) of this title, or the dependent, beneficiary, or al- lottee of such person, receives or claims wages, payments in lieu of wages, insurance benefits for disability or loss of life (other than workmen’s compensation benefits), and the cost of such wages, payments, or benefits is provided in whole or in part by the United States, the amount of such wages, payments, or benefits shall be credited, in such manner as the Sec- retary shall determine, against any payments to which any such person is entitled under this subchapter. Where any person specified in section 1701(a) of this title, or any dependent, beneficiary, or allottee of such person, or the legal representa- tive or estate of any such entities, after having obtained benefits under this subchapter, seeks through any proceeding, claim, or otherwise, brought or maintained against the employer, the United States, or other person, to recover wages, payments in lieu of wages, or any sum claimed as for services rendered, or for failure to furnish transportation, or for liquidated or un- liquidated damages under the employment con- tract, or any other benefit, and the right in re- spect thereto is alleged to have accrued during or as to any period of time in respect of which payments under this subchapter in such case have been made, and in like cases where a recov- ery is made or allowed, the Secretary shall have the right of intervention and a lien and right of recovery to the extent of any payments paid and payable under this subchapter in such case, pro- vided the cost of such wages, payments in lieu of wages, or other such right, may be directly or indirectly paid by the United States; and any amounts recovered under this subsection shall be covered into the fund established under sec- tion 8147 of title 5. (d) Entitlement to benefits by national of a for- eign government under foreign laws Where a national of a foreign government is entitled to benefits on account of injury or death resulting from a war-risk hazard, under the laws of his native country or any other for- eign country, the benefits of this subchapter shall not apply. (e) Receipt of benefits for prior accident or dis- ease If at the time a person sustains an injury com- ing within the purview of this subchapter said person is receiving workmen’s compensation benefits on account of a prior accident or dis- ease, said person shall not be entitled to any 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-