Title 42 — The Public Health and Welfare
Chapter 12 — Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States
§ 1711. Definitions
Statutory text
When used in this chapter—
The term “Secretary” means the Secretary of Labor.
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—
the discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person; or
action of a hostile force or person, including rebellion or insurrection against the United States or any of its Allies; or
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 employees of a manufacturer, processor, or transporter of munitions during the manufacture, processing, or transporting thereof, or while stored on the premises of the manufacturer, processor, or transporter); or
the collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
the operation of vessels or aircraft in a zone of hostilities or engaged in war activities.
The term “hostile force or person” means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies, or (3) engaged in a war or armed conflict between military forces of any origin in any country in which a person covered by this chapter is serving.
The term “allies” means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance.
The term “war activities” includes activities directly relating to military operations.
the 1 term “continental United States” means the States and the District of Columbia.
Footnotes
- 1 So in original. Probably should be capitalized.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 77–668 · 56 Stat. 1039
Enacted · 42 U.S.C. § 1711
Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033
Source evidence
Code source credit
Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033Public Law not identified
Substituted · 42 U.S.C. § 1711(b)
Subsec. (b). Act June 30, 1953, § 1(a), substituted “July 1, 1954” for “the end of the present war”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act June 30, 1953, § 1(a), substituted “July 1, 1954” for “the end of the present war”.Public Law not identified
Added · 42 U.S.C. § 1711(c)(f)
Subsecs. (c) to (f). Act June 30, 1953, § 1(b), added subsecs. (c) to (f)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (c) to (f). Act June 30, 1953, § 1(b), added subsecs. (c) to (f).Public Law not identified
Substituted · 42 U.S.C. § 1711(b)
Subsec. (b). Act June 30, 1954, substituted “July 1, 1955” for “July 1, 1954”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act June 30, 1954, substituted “July 1, 1955” for “July 1, 1954”.Public Law not identified
Substituted · 42 U.S.C. § 1711(b)
Subsec. (b). Act June 30, 1955, substituted “July 1, 1956” for “July 1, 1955”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act June 30, 1955, substituted “July 1, 1956” for “July 1, 1955”.Public Law not identified
Substituted · 42 U.S.C. § 1711(b)
Subsec. (b). Act July 9, 1956, substituted “July 1, 1957” for “July 1, 1956”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act July 9, 1956, substituted “July 1, 1957” for “July 1, 1956”.Pub. L. 85–70 · 71 Stat. 242
Substituted · 42 U.S.C. § 1711(b)
Pub. L. 85–70 substituted “July 1, 1958” for “July 1, 1957”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–70 substituted “July 1, 1958” for “July 1, 1957”.Pub. L. 85–608 § 103(a) · 72 Stat. 536
Struck · 42 U.S.C. § 1711(b)
Pub. L. 85–608, § 103(a), struck out provisions which defined “war-risk hazard” to mean hazards arising after Dec. 6, 1941, and prior to July 1, 1958
Inserted · 42 U.S.C. § 1711(b)
Pub. L. 85–608, § 103(a), inserted provisions redefining term to include hazards arising during a war or an armed conflict in which the United States is engaged, and hazards arising 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
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–608, § 103(a), struck out provisions which defined “war-risk hazard” to mean hazards arising after Dec. 6, 1941, and prior to July 1, 1958, and inserted provisions redefining term to include hazards arising during a war or an armed conflict in which the United States is engaged, and hazards arising 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.Enacted provision · exact public law section
(a) Section 201 (b) of the Act of December 2, 1942 (ch. 668, 56 Stat. 1033), 42 USC 1711. as amended, is amended by changing that part of the section which precedes the numbered clauses to read as follows: “(b) The term ‘war-risk hazard’ means any hazard arising during Definitions. 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 Act is serving; from—”.Pub. L. 85–608 § 104 · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(b)(1)
Pub. L. 85–608, § 104, substituted “a hostile force or person” for “an enemy” in two places
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 85–608, § 104, substituted “a hostile force or person” for “an enemy” in two places.Enacted provision · exact public law section
Sec. 104. Sections 101 (b), 104 (a), 201 (b), and 206 of the Act of 42 USC 1701, 1704. 1711, 1716. December 2, 1942 (ch. 668, 56 Stat. 1028), as amended, are amended by striking out the words “enemy” and “the enemy” wherever they appear and inserting the words “a hostile force or person” in place thereof.Pub. L. 85–608 § 104 · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(b)(2)
Pub. L. 85–608, § 104, substituted “a hostile force or person” for “the enemy”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 85–608, § 104, substituted “a hostile force or person” for “the enemy”.Enacted provision · exact public law section
Sec. 104. Sections 101 (b), 104 (a), 201 (b), and 206 of the Act of 42 USC 1701, 1704. 1711, 1716. December 2, 1942 (ch. 668, 56 Stat. 1028), as amended, are amended by striking out the words “enemy” and “the enemy” wherever they appear and inserting the words “a hostile force or person” in place thereof.Pub. L. 85–608 § 103(b) · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(b)(3)
Pub. L. 85–608, § 103(b), substituted “a war or armed conflict with a hostile force or person as defined herein” for “the national war effort”, and excepted employees of transporters of munitions during the transportation thereof or while the munitions are stored on the premises of the transporter
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 85–608, § 103(b), substituted “a war or armed conflict with a hostile force or person as defined herein” for “the national war effort”, and excepted employees of transporters of munitions during the transportation thereof or while the munitions are stored on the premises of the transporter.Enacted provision · exact public law section
(b) Clause (3) of section 201 (b) of that Act is amended to read as 42 USC 1711. follows: “(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 employees of a manufacturer, processor, or transporter of munitions during the manufacture, processing, or transporting thereof, or while stored on the premises of the manufacturer, processor, or transporter); or”.Pub. L. 85–608 § 103(c) · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(c)
Pub. L. 85–608, § 103(c), substituted provisions defining “hostile force or person” for provisions which defined “enemy” to mean any nation, government, or force engaged in armed conflict with the Armed Forces of the United States or of any of its allies
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–608, § 103(c), substituted provisions defining “hostile force or person” for provisions which defined “enemy” to mean any nation, government, or force engaged in armed conflict with the Armed Forces of the United States or of any of its allies.Enacted provision · exact public law section
(c) Section 201 (c) of that Act is amended to read as follows: 42 USC 1711. “(c) The term ‘hostile force or person’ means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies, or (3) engaged in a war or armed conflict between military forces of any origin m any country in which a person covered by this Act is serving.”Pub. L. 85–608 § 103(d) · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(d)
Pub. L. 85–608, § 103(d), substituted provisions redefining “allies” to mean any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance for provisions which defined the term as meaning any nation, government, or force participating with the United States in any armed conflict
Source evidence
Code amendment note
Subsec. (d). Pub. L. 85–608, § 103(d), substituted provisions redefining “allies” to mean any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance for provisions which defined the term as meaning any nation, government, or force participating with the United States in any armed conflict.Enacted provision · exact public law section
(d) Section 201 (d) of that Act is amended to read as follows: 42 USC 1711. “(d) The term ‘allies’ means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance.”Pub. L. 85–608 § 103(e) · 72 Stat. 536
Substituted · 42 U.S.C. § 1711(e)
Pub. L. 85–608, § 103(e), substituted definition of “war activities” for provisions defining “national war effort” and “war effort”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 85–608, § 103(e), substituted definition of “war activities” for provisions defining “national war effort” and “war effort”.Enacted provision · exact public law section
(e) Section 201 (e) of that Act is amended to read as follows: 42 USC 1711. “(e) The term ‘war activities’ includes activities directly relating to military operations.”Pub. L. 85–608 § 103(f) · 72 Stat. 536
Repealed · 42 U.S.C. § 1711(f)
Pub. L. 85–608, § 103(f), repealed subsec. (f) which defined “war activities”, now covered by subsec. (e) of this section
Source evidence
Code amendment note
Subsec. (f). Pub. L. 85–608, § 103(f), repealed subsec. (f) which defined “war activities”, now covered by subsec. (e) of this section.Enacted provision · exact public law section
(f) Section 201 (f) of that Act is repealed. Repeal.Alaska Omnibus Act
Pub. L. 86–70 § 42(c) · 73 Stat. 141
Added · 42 U.S.C. § 1711(f)
Pub. L. 86–70 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 86–70 added subsec. (f).Enacted provision · exact public law section
(c) Section 201 of that Act is amended by adding the following new subsection at the end thereof: “(f) the term ‘continental United States’ means the States and the District of Columbia.”Effective date note
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.
10 of 17 references resolved to an enrolled provision · 2 partial · 5 unresolved
Editorial Notes
Codification
In the original of act Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033, the opening clause read “When used in this Act (except when used in title III)—”. Title III of such Act amended section 1651 of this title which is not in this chapter. Therefore, because of the use of the restrictive term “this chapter”, in this section, the words in parenthesis “except when used in title III” were omitted as unnecessary. This chapter comprises the remainder of such Act.
Amendments1953–1959 · 7 rounds
1959
Subsec. (f). Pub. L. 86–70 added subsec. (f).
1958
Subsec. (b). Pub. L. 85–608, § 103(a), struck out provisions which defined “war-risk hazard” to mean hazards arising after , and prior to , and inserted provisions redefining term to include hazards arising during a war or an armed conflict in which the United States is engaged, and hazards arising 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.
Subsec. (b)(1). Pub. L. 85–608, § 104, substituted “a hostile force or person” for “an enemy” in two places.
Subsec. (b)(2). Pub. L. 85–608, § 104, substituted “a hostile force or person” for “the enemy”.
Subsec. (b)(3). Pub. L. 85–608, § 103(b), substituted “a war or armed conflict with a hostile force or person as defined herein” for “the national war effort”, and excepted employees of transporters of munitions during the transportation thereof or while the munitions are stored on the premises of the transporter.
Subsec. (c). Pub. L. 85–608, § 103(c), substituted provisions defining “hostile force or person” for provisions which defined “enemy” to mean any nation, government, or force engaged in armed conflict with the Armed Forces of the United States or of any of its allies.
Subsec. (d). Pub. L. 85–608, § 103(d), substituted provisions redefining “allies” to mean any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance for provisions which defined the term as meaning any nation, government, or force participating with the United States in any armed conflict.
Subsec. (e). Pub. L. 85–608, § 103(e), substituted definition of “war activities” for provisions defining “national war effort” and “war effort”.
Subsec. (f). Pub. L. 85–608, § 103(f), repealed subsec. (f) which defined “war activities”, now covered by subsec. (e) of this section.
1957
Subsec. (b). Pub. L. 85–70 substituted “” for “”.
1956
Subsec. (b). Act , substituted “” for “”.
1955
Subsec. (b). Act , substituted “” for “”.
1954
Subsec. (b). Act , substituted “” for “”.
1953
Subsec. (b). Act , § 1(a), substituted “” for “the end of the present war”.
Subsecs. (c) to (f). Act , § 1(b), added subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–70 effective , 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 , see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title.
Executive Documents
Transfer of Functions
“ ‘Secretary’ means the Secretary of Labor” substituted for “ ‘Administrator’ means the Federal Security Administrator” in subsec. (a), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. , 15 F.R. 2178, 64 Stat. 1271, which transferred functions of Federal Security Administrator to Secretary of Labor.
Previously, “ ‘Administrator’ means the Federal Security Administrator” substituted for “ ‘Commission’ means the United States Employees’ Compensation Commission” pursuant to Reorg. Plan No. 2 of 1946, § 3, eff. , 11 F.R. 7873, 60 Stat. 1095, which abolished United States Employees’ Compensation Commission and transferred its functions to Federal Security Administrator.
Credits
1942–1959 · 10 acts
- 1942Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033
- 19461946 Reorg. Plan No. 2, § 3, eff. , 11 F.R. 7873, 60 Stat. 1095
- 19501950 Reorg. Plan No. 19, § 1, eff. , 15 F.R. 3178, 64 Stat. 1271
- 1953June 30, 1953, ch. 176 § 1, 67 Stat. 134
- 1954June 30, 1954, ch. 431, § 1, 68 Stat. 336
- 1955June 30, 1955, ch. 257, § 1, 69 Stat. 241
- 1956July 9, 1956, ch. 537, § 1, 70 Stat. 519
- 1957Pub. L. 85–70, , 71 Stat. 242
- 1958Pub. L. 85–608, title I, §§ 103, 104, , 72 Stat. 537
- 1959Pub. L. 86–70, § 42(c), , 73 Stat. 151.
Show as published
(Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033; 1946 Reorg. Plan No. 2, § 3, eff. , 11 F.R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. , 15 F.R. 3178, 64 Stat. 1271; June 30, 1953, ch. 176 § 1, 67 Stat. 134; June 30, 1954, ch. 431, § 1, 68 Stat. 336; June 30, 1955, ch. 257, § 1, 69 Stat. 241; July 9, 1956, ch. 537, § 1, 70 Stat. 519; Pub. L. 85–70, , 71 Stat. 242; Pub. L. 85–608, title I, §§ 103, 104, , 72 Stat. 537; Pub. L. 86–70, § 42(c), , 73 Stat. 151.)