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U.S. Code as of:
01/19/04
Section 1701. Compensation for injury or death resulting from war-risk hazard
(a) Persons covered
In case of injury or death resulting from injury -
(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 services outside the continental United States;
or
(3) to any person employed outside the continental 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 noncommissioned
officers' open messes, enlisted men's clubs, service clubs,
special service activities, or any other instrumentality of the
United States under the jurisdiction of the Department 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 specified 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 department 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): Provided, 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 recommendation of the head of
any department or agency of the United States, may, in the
exercise of his discretion, waive the application of the
provisions of this subparagraph with respect 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 engaged for personal
services outside the continental United States by an American
employer 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 actually was engaged in the course of his
employment, 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 performance of his duty, and any
compensation found to be due shall be paid from the compensation
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 disabled
(1) Any person specified in subsection (a) of this section 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 employment, under circumstances supporting an
inference that his absence is due to the belligerent 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 otherwise, 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 returned to the jurisdiction of the
United States, shall, under such regulations as the Secretary may
prescribe, be regarded solely for the purposes of this subsection
as totally disabled, and the same benefits as are provided for such
disability under this subchapter shall be credited to his account
and be payable to him for the period of such absence or until his
death is in fact established or can be legally presumed to have
occurred: Provided, That if such person has dependents residing in
the United States or its Territories or possessions (including the
United States Naval Operating Base, Guantanamo Bay, Cuba, and the
Canal Zone), the Secretary during the period of such absence may
disburse a part of such compensation, accruing for such total
disability, to such dependents, which shall be equal to the monthly
benefits otherwise payable for death under this subchapter, and the
balance of such compensation for total disability shall accrue and
be payable to such person upon his return from such absence. Any
payment made pursuant to this subsection shall not in any case be
included in computing the maximum aggregate or total compensation
payable for disability or death, as provided in section 1702(a) of
this title: Provided further, That no such payment to such person
or his dependent, on account of such absence, shall be made during
any period such person or dependent, respectively, has received, or
may be entitled to receive, any other payment from the United
States, either directly or indirectly, because of such absence,
unless such person or dependent refunds or renounces such other
benefit or payment for the period claimed.
Benefits found to be due under this subsection shall be paid from
the compensation fund established pursuant to section 8147 of title
5: Provided, That the determination of dependents, dependency, and
amounts of payments to dependents shall be made in the manner
specified in subchapter I of chapter 81 of title 5: Provided
further, That claim for such detention benefits shall be filed in
accordance with and subject to the limitation provisions of
subchapter I of chapter 81 of title 5, as modified by section
1706(c) of this title: And provided further, That except in cases
of fraud or willful misrepresentation, the Secretary may waive
recovery of money erroneously paid under this subdivision whenever
he finds that such recovery would be impracticable or would cause
hardship to the beneficiary affected: And provided further, That
where such a person is found to be missing from his place of
employment whether or not such person then actually was engaged in
the course of his employment, under circumstances supporting an
inference that his absence is due to the belligerent action of a
hostile force or person or is known to have been taken by a hostile
force or person as a prisoner, hostage, or otherwise, the amount of
benefits to be credited to the account of such person under this
subsection, and for the purposes of this subsection only, shall be
100 per centum of the average weekly wages of such person, except
that in computing such benefits such average weekly wages (a) shall
not exceed the average weekly wages paid to civilian employees of
the United States in the same or most similar occupation in the
area nearest to the place of employment where such person was last
employed, and (b) shall not exceed the average weekly wages of such
absent person at the time such absence began; and 70 per centum of
such average weekly wage so determined shall be disbursed to the
dependent or dependents of such person, irrespective of the
limitations of section 909 of title 33, but should there be more
than one such dependent, the distribution of such 70 per centum
shall be proportionate to the percentages allowed for dependents by
section 909 of title 33, and if such manner of disbursement in any
case would result in injustice or excessive allowance for a
dependent, the Secretary may, in his discretion, modify such
percentage or apportionment to meet the requirements of the case;
and in such cases benefits for detention shall accrue from January
1, 1942, unless the beginning of absence occurred upon a later date
in which event benefits shall accrue from such later date, and for
the period of such absence shall be 100 per centum of the average
weekly wages, determined as herein provided: And provided further,
That compensation for disability under this subchapter (except
under allowance for scheduled losses of members or functions of the
body, within the purview of section 1702(a) of this title) shall
not be paid in any case in respect to any period of time during
which benefits for detention may accrue under this subchapter in
the same case, and should a person entitled to benefits for
detention also be entitled to workmen's compensation or similar
benefits under any other law, agreement, or plan (except allowances
for scheduled losses of members or functions of the body), where
such other benefits are paid or to be paid directly or indirectly
by the United States, the amount thereof accruing as to the period
of absence shall be taken into account and the benefits credited to
the account of the detained person reduced accordingly: And
provided further, That where through mistake of fact, absence of
proof of death, or error through lack of adequate information or
otherwise, payments as for detention have in any case been
erroneously made or credited, any resulting overpayment of
detention benefits (the recovery of which is not waived as
otherwise provided for in this section) shall be recouped by the
Secretary in such manner as he shall determine from any unpaid
accruals to the account of the detained person, and if such
accruals are insufficient for such purpose, then from any allowance
of compensation for injury or death in the same case (whether under
this subchapter or under any other law, agreement, or plan, if the
United States pays, or is obligated to pay, such benefits, directly
or indirectly), but only to the extent of the amount of such
compensation benefits payable for the particular period of such
overpayment, and in cases of erroneous payments of compensation for
injury or death, made through mistake of fact, whether under this
subchapter or under any other law, agreement, or plan (if the
United States is obligated to pay such compensation, directly or
indirectly), the Secretary is authorized to recoup from any unpaid
benefits for detention, the amount of any overpayment thus arising;
and any amounts recovered under this section shall be covered into
such compensation fund, and for the foregoing purposes the
Secretary shall have a right of lien, intervention, and recovery in
any claim or proceeding for compensation.
(2) Upon application by such person, or someone on his behalf,
the Secretary may, under such regulations as he may prescribe,
furnish transportation or the cost thereof (including
reimbursement) to any such person from the point where his release
from custody by a hostile force or person is effected, to his some,
the place of his employment, or other place within the jurisdiction
of the United States; but no transportation, or the cost thereof,
shall be furnished under this paragraph where such person is
furnished such transportation, or the cost thereof, under any
agreement with his employer or under any other provision of law.
(3) In the case of death of any such person, if his death
occurred away from his home, the body of such person shall, in the
discretion of the Secretary, and if so desired by his next of kin,
near relative, or legal representative, be embalmed and transported
in a hermetically sealed casket or other appropriate container to
the home of such person or to such other place as may be designated
by such next of kin, near relative, or legal representative. No
expense shall be incurred under this paragraph by the Secretary in
any case where death takes place after repatriation, unless such
death proximately results from a war-risk hazard.
(4) Such benefits for detention, transportation expenses of
repatriated persons, and expenses of embalming, providing sealed or
other appropriate container, and transportation of the body, and
attendants (if required), as approved by the Secretary, shall be
paid out of the compensation fund established under section 8147 of
title 5.
(c) Persons not citizens or residents of United States
Compensation for permanent total or permanent partial disability
or for death payable under this section to persons who are not
citizens of the United States and who are 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 or husband and child or children, or
if there be no surviving wife or husband or child or children, to
surviving father or mother whom such person 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, at his
option, may commute all future installments of compensation to be
paid to such persons by paying to them one-half of the commuted
amount of such future installments of compensation as determined by
the Secretary.
(d) Persons excepted from coverage
The provisions of this section shall not apply in the case of any
person (1) whose residence is at or in the vicinity of the place of
his employment, and (2) who is not living there solely by virtue of
the exigencies of his employment, unless his injury or death
resulting from injury occurs or his detention begins while in the
course of his employment, or (3) who is a prisoner of war or a
protected person under the Geneva Conventions of 1949 and who is
detained or utilized by the United States.
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