42 U.S.C. § 1655 — Requirement for Department of Defense

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. Page 4869 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1701 CHAPTER 12—COMPENSATION FOR INJURY, DEATH, OR DETENTION OF EMPLOYEES OF CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES SUBCHAPTER I—COMPENSATION, REIMBURSE- MENT, ETC., BY SECRETARY OF LABOR Sec. 1701. Compensation for injury or death resulting from war-risk hazard. 1702. Application of Longshore and Harbor Work- ers’ Compensation Act. 1703. ‘‘Contractor with the United States’’ defined. 1704. Reimbursement. 1705. Receipt of workmen’s compensation benefits. 1706. Administration. SUBCHAPTER II—MISCELLANEOUS PROVISIONS 1711. Definitions. 1712. Disqualification from benefits. 1713. Fraud; penalties. 1714. Legal services. 1715. Finality of Secretary’s decisions. 1716. Presumption of death or detention. 1717. Assignment of benefits; execution, levy, etc., against benefits. Statutory Notes and Related Subsidiaries REPEALS Act June 30, 1953, ch. 176, § 6, 67 Stat. 135, repealed sec- tion 1(a)(13) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 332, which, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided for the continuation of this chapter until July 1, 1953. Joint Res. July 3, 1952, ch. 570, § 6, 66 Stat. 334, re- pealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued pro- visions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. SUBCHAPTER I—COMPENSATION, REIM- BURSEMENT, ETC., BY SECRETARY OF LABOR § 1701. Compensation for injury or death result- ing from war-risk hazard (a) Persons covered In case of injury or death resulting from in- jury— (1) to any person employed by a contractor with the United States, if such person in an employee specified in chapter 11 of this title, and no compensation is payable with respect to such injury or death under such chapter; or (2) to any person engaged by the United States under a contract for his personal serv- ices outside the continental United States; or (3) to any person employed outside the con- tinental United States as a civilian employee paid from nonappropriated funds administered by the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship’s Store Ashore, Navy exchanges, Marine Corps exchanges, officers’ and non- commissioned officers’ open messes, enlisted men’s clubs, service clubs, special service ac- tivities, or any other instrumentality of the United States under the jurisdiction of the De- partment of Defense and conducted for the mental, physical, and morale improvement of personnel of the Department of Defense and their dependents; or (4) to any person who is an employee speci- fied in section 1651(a)(5) of this title, if no compensation is payable with respect to such injury or death under chapter 11 of this title or to any person engaged under a contract for his personal services outside the United States approved and financed by the United States under the Mutual Security Act of 1954, as amended (other than title II of chapter II thereof unless the Secretary of Labor, upon the recommendation of the head of any de- partment or other agency of the United States Government, determines a contract financed under a successor provision of any successor Act should be covered by this section): Pro- vided, That in cases where the United States is not a formal party to contracts approved and financed under the Mutual Security Act of 1954, as amended, the Secretary, upon the rec- ommendation of the head of any department or agency of the United States, may, in the ex- ercise of his discretion, waive the application of the provisions of this subparagraph with re- spect to any such contracts, subcontracts, or subordinate contracts, work location under such contracts, subcontracts, or subordinate contracts, or classification of employees; or (5) to any person employed or otherwise en- gaged for personal services outside the conti- nental United States by an American em- ployer providing welfare or similar services for the benefit of the Armed Forces pursuant to appropriate authorization by the Secretary of Defense, and such injury proximately results from a war- risk hazard, whether or not such person then ac- tually was engaged in the course of his employ- ment, the provisions of subchapter I of chapter 81 of title 5, as amended, and as modified by this chapter, shall apply with respect thereto in the same manner and to the same extent as if the person so employed were a civil employee of the United States and were injured while in the per- formance of his duty, and any compensation found to be due shall be paid from the compensa- tion fund established pursuant to section 8147 of title 5. This subsection shall not be construed to include any person who would otherwise come within the purview of subchapter I of chapter 81 of title 5. (b) Missing persons considered as totally dis- abled (1) Any person specified in subsection (a) who— (A) is found to be missing from his place of employment, whether or not such person then actually was engaged in the course of his em- ployment, under circumstances supporting an inference that his absence is due to the bellig- erent action of a hostile force or person, or (B) is known to have been taken by a hostile force or person as a prisoner, hostage, or oth- erwise, or (C) is not returned to his home or to the place where he was employed by reason of the failure of the United States or its contractor to furnish transportation, until such time as he is returned to his home, to the place of his employment, or is able to be re-