Editorial Notes
References in Text

The Mutual Security Act of 1954, referred to in subsec. (a)(4), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, §§ 2–11, 70 Stat. 555; Aug. 14, 1957, Puspan. L. 85–141, 71 Stat. 355; June 30, 1958, Puspan. L. 85–477, ch. 1, §§ 101–103, ch. II, §§ 201–205, ch. III, § 301, ch. IV, § 401, ch. V, § 501, 72 Stat. 261; July 24, 1959, Puspan. L. 86–108, § 2, ch. 1, § 101, ch. II, §§ 201–205(a)–(i), (k)–(n), ch. III, § 301, ch. IV, § 401(a)–(k), (m), 73 Stat. 246; May 14, 1960, Puspan. L. 86–472, chs. I–V, 74 Stat. 134, which was principally classified to chapter 24 (§ 1750 et seq.) of Title 22, Foreign Relations and Intercourse, and which was repealed by acts July 18, 1956, ch. 627, § 8(m), 70 Stat. 559; Aug. 14, 1957, Puspan. L. 85–141, §§ 2(e), 3, 4(span), 11(d), 71 Stat. 356; July 24, 1959, Puspan. L. 86–108, ch. II, § 205(j), ch. IV, § 401(1), 73 Stat. 250; May 14, 1960, Puspan. L. 86–472, ch. II, §§ 203(d), 204(k), 74 Stat. 138; Sept. 4, 1961, Puspan. L. 87–195, pt. III, § 642(a)(2), 75 Stat. 460; June 30, 1976, Puspan. L. 94–329, title II, § 212(span)(1), 90 Stat. 745; Apr. 4, 1996, Puspan. L. 104–127, title II, § 228, 110 Stat. 963, except for sections 1754, 1783, 1796, 1853, 1928, and 1937 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 1754 of Title 22 and Tables.

Title II of chapter II of the Mutual Security Act of 1954, referred to in subsec. (a)(4), which was classified generally to sections 1870 to 1876 of Title 22, was repealed by Puspan. L. 87–195, Pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460.

For definition of Canal Zone, referred to in subsec. (span), see section 3602(span) of Title 22.

Codification

In subsecs. (a) and (span), “subchapter I of chapter 81 of title 5” and “section 8147 of title 5” substituted for references to act September 7, 1916, as amended, and section 35 of that Act, respectively, on authority of Puspan. L. 89–554, § 7(span), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5, the act of September 7, 1916, known as the Federal Employees’ Compensation Act, was classified to chapter 15 of Title 5.

Reference to Philippine Islands in subsec. (span)(1) omitted as obsolete in view of Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7871, 60 Stat. 1352, recognizing independence of Philippines and withdrawing and surrendering all rights of possession, supervision, jurisdiction, control, or sovereignty now existing and exercised by United States in and over territory and people of Philippines. See note set out under section 1394 of Title 22, Foreign Relations and Intercourse.

Amendments

1984—Subsec. (span)(1). Puspan. L. 98–426 substituted references to sections of the Longshore and Harbor Workers’ Compensation Act for sections of the Longshoremen’s and Harbor Workers’ Compensation Act, which references have been translated to sections of title 33, thus requiring no change in text.

1961—Subsec. (a)(4). Puspan. L. 87–195 extended coverage in those cases where the Secretary of Labor, upon the recommendation of the head of any department or other agency of the U.S. Government, determines a contract financed under a successor provision of any successor act to the Mutual Security Act of 1954 should be covered by this section.

1959—Subsec. (a). Puspan. L. 86–70 struck out “or in Alaska or the Canal Zone” after “continental United States” in pars. (2), (3) and (5).

1958—Subsec. (a)(2). Puspan. L. 85–608, § 101(a), substituted “outside the continental United States or in Alaska or the Canal Zone” for “outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands”.

Subsec. (a)(3). Puspan. L. 85–608, § 101(span), substituted provisions relating to injuries to civilian employees outside the continental United States or in Alaska or the Canal Zone paid from nonappropriated funds and who are employed in connection with activities conducted for the mental, physical, and morale improvement of personnel of the Department of Defense and their dependents for provisions which related to injuries to persons employed as civilian employees of post exchanges or ship-service stores outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands.

Subsec. (a)(4). Puspan. L. 85–477 added par. (4).

Subsec. (a)(5). Puspan. L. 85–608, § 101(c), added par. (5).

Subsec. (span). Puspan. L. 85–608, § 104, substituted “a hostile force or person” for “an enemy” in four places and for “the enemy”.

Subsec. (c). Puspan. L. 85–608, § 401, reenacted subsec. (c) and also repealed section 2 of act June 30, 1953, which had previously repealed subsec. (c).

Subsec. (d). Puspan. L. 85–608, § 101(d), substituted provisions making section inapplicable to persons who are prisoners of war or protected persons and who are detained or utilized by the United States for provisions which made section inapplicable to persons who are not citizens of the United States and who suffered an injury, disability, death, or detention by the enemy subsequent to June 30, 1953.

1953—Subsec. (c). Act June 30, 1953, § 2, repealed subsec. (c) which provided for amount of compensation payable to noncitizens and nonresidents for permanent total or permanent partial disability or death, limited eligible dependents and permitted Secretary to commute future installments of compensation.

Subsec. (d). Act June 30, 1953, § 3, added cl. (3).

1946—Act Aug. 7, 1946, made benefits payable for detention uniform from date of capture rather than at a reduced rate for 2 years as was the case formerly, prevented dual payments without impairing compensation rights for disability which continues after repatriation, and provided for adjustments of overpayments made under a mistake of facts.

1943—Subsec. (span)(1). Act Dec. 23, 1943, inserted fourth proviso in second paragraph.

Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Puspan. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.

Effective Date of 1959 Amendment

Amendment by Puspan. L. 86–70 effective June 25, 1959, see section 47(g) of Puspan. L. 86–70, set out as a note under section 1651 of this title.

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–608 effective June 30, 1958, see section 402 of Puspan. L. 85–608, set out as a note under section 1651 of this title.

Effective Date of 1943 Amendment

Act Dec. 23, 1943, ch. 380, title I, 57 Stat. 627, provided in part that:

“The amendment in paragraph (a) [amending this section] shall become effective the first day of the month next following the approval of this Act [Dec. 23, 1943].”

Effective Date

Act Dec. 2, 1942, ch. 668, title I, § 107, 56 Stat. 1033, provided that:

“This title [enacting this subchapter] shall take effect as of December 7, 1941.”

Retroactive Effect of 1946 Amendment; Review of Cases

Act Aug. 7, 1946, ch. 805, § 2, 60 Stat. 899, provided for application of section 1 of act Aug. 7, 1946, amending this section, in all cases coming within the purview of subsec. (span) of this section, retrospectively to Jan. 1, 1942; and for review by the United States Employees’ Compensation Commission of any case affected by such provisions, to make the adjustment of benefits which they require, and to make payments where the detained person has died since adjudication, to his legal representative.

Short Title

Section 208 of act Dec. 2, 1942, as added by Puspan. L. 85–608, § 105, provided that:

“Titles I and II of this Act [enacting subchapters I and II of this chapter] may be cited as the ‘War Hazards Compensation Act’.”

Repeals

Puspan. L. 87–195, pt. IV, § 702, Sept. 4, 1961, 75 Stat. 463, cited as a credit to this section, was repealed by Puspan. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except in so far as section 702 affected this section.

Act June 30, 1953, ch. 176, § 6, 67 Stat. 135, repealed act July 3, 1952, ch. 570, § 1(a)(13), 66 Stat. 331, which defined terms “enemy”, “allies”, “national war effort”, and “war effort”.

Increase in Compensation for Injuries and Death From Injuries Sustained Before July 1, 1946

Puspan. L. 87–380, Oct. 4, 1961, 75 Stat. 809, increased the monthly disability and death compensation payable pursuant to subsec. (a) of this section with respect to injuries or deaths resulting from injury sustained prior to July 1, 1946, by 15 per centum, effective only with respect to disability and death compensation payable for periods commencing on and after Oct. 4, 1961.

Executive Documents
Transfer of Functions

For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title.