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U.S. Code as of:
01/19/04
Section 1651. Compensation authorized
(a) Places of employment
Except as herein modified, the provisions of the Longshore and
Harbor Workers' Compensation Act, approved March 4, 1927 (44 Stat.
1424), as amended [33 U.S.C. 901 et seq.], shall apply in respect
to the injury or death of any employee engaged in any employment -
(1) at any military, air, or naval base acquired after January
1, 1940, by the United States from any foreign government; or
(2) upon any lands occupied or used by the United States for
military or naval purposes in any Territory or possession outside
the continental United States (including the United States Naval
Operating Base, Guantanamo Bay, Cuba; and the Canal Zone); or
(3) upon any public work in any Territory or possession outside
the continental United States (including the United States Naval
Operating Base, Guantanamo Bay, Cuba; and the Canal Zone), if
such employee is engaged in employment at such place under the
contract of a contractor (or any subcontractor or subordinate
subcontractor with respect to the contract of such contractor)
with the United States; but nothing in this paragraph shall be
construed to apply to any employee of such a contractor or
subcontractor who is engaged exclusively in furnishing materials
or supplies under his contract;
(4) under a contract entered into with the United States or any
executive department, independent establishment, or agency
thereof (including any corporate instrumentality of the United
States), or any subcontract, or subordinate contract with respect
to such contract, where such contract is to be performed outside
the continental United States and at places not within the areas
described in subparagraphs (1)-(3) of this subdivision, for the
purpose of engaging in public work, and every such contract shall
contain provisions requiring that the contractor (and
subcontractor or subordinate contractor with respect to such
contract) (1) shall, before commencing performance of such
contract, provide for securing to or on behalf of employees
engaged in such public work under such contract the payment of
compensation and other benefits under the provisions of this
chapter, and (2) shall maintain in full force and effect during
the term of such contract, subcontract, or subordinate contract,
or while employees are engaged in work performed thereunder, the
said security for the payment of such compensation and benefits,
but nothing in this paragraph shall be construed to apply to any
employee of such contractor or subcontractor who is engaged
exclusively in furnishing materials or supplies under his
contract;
(5) under a contract approved and financed by the United States
or any executive department, independent establishment, or agency
thereof (including any corporate instrumentality of the United
States), or any subcontract or subordinate contract with respect
to such contract, where such contract is to be performed outside
the continental 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,
determines a contract financed under a successor provision of any
successor Act should be covered by this section), and not
otherwise within the coverage of this section, and every such
contract shall contain provisions requiring that the contractor
(and subcontractor or subordinate contractor with respect to such
contract) (A) shall, before commencing performance of such
contract, provide for securing to or on behalf of employees
engaged in work under such contract the payment of compensation
and other benefits under the provisions of this chapter, and (B)
shall maintain in full force and effect during the term of such
contract, subcontract, or subordinate contract, or while
employees are engaged in work performed thereunder, the said
security for the payment of such compensation and benefits, but
nothing in this paragraph shall be construed to apply to any
employee of such contractor or subcontractor who is engaged
exclusively in furnishing materials or supplies under his
contract;
(6) 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,
irrespective of the place where the injury or death occurs, and
shall include any injury or death occurring to any such employee
during transportation to or from his place of employment, where the
employer or the United States provides the transportation or the
cost thereof.
(b) Definitions
As used in this section -
(1) the term "public work" means any fixed improvement or any
project, whether or not fixed, involving construction,
alteration, removal or repair for the public use of the United
States or its allies, including but not limited to projects or
operations under service contracts and projects in connection
with the national defense or with war activities, dredging,
harbor improvements, dams, roadways, and housing, as well as
preparatory and ancillary work in connection therewith at the
site or on the project;
(2) 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;
(3) the term "war activities" includes activities directly
relating to military operations.
(4) the term "continental United States" means the States and
the District of Columbia.
(c) Liability as exclusive
The liability of an employer, contractor (or any subcontractor or
subordinate subcontractor with respect to the contract of such
contractor) under this chapter shall be exclusive and in place of
all other liability of such employer, contractor, subcontractor, or
subordinate contractor to his employees (and their dependents)
coming within the purview of this chapter, under the workmen's
compensation law of any State, Territory, or other jurisdiction,
irrespective of the place where the contract of hire of any such
employee may have been made or entered into.
(d) "Contractor" defined
As used in this section, the term "contractor" means any
individual, partnership, corporation, or association, and includes
any trustee, receiver, assignee, successor, or personal
representative thereof, and the rights, obligations, liability, and
duties of the employer under such Longshore and Harbor Workers'
Compensation Act [33 U.S.C. 901 et seq.] shall be applicable to
such contractor.
(e) Contracts within section; waiver of application of section
The liability under this chapter of a contractor, subcontractor,
or subordinate contractor engaged in public work under
subparagraphs (3) and (4), subdivision (a) of this section, and the
conditions set forth therein, shall become applicable to contracts
and subcontracts heretofore entered into but not completed at
August 16, 1941, and the liability under this chapter of a
contractor, subcontractor, or subordinate contractor engaged in
performance of contracts, subcontracts, or subordinate contracts
specified in subparagraph (5), subdivision (a) of this section, and
the conditions set forth therein, shall hereafter be applicable to
the remaining terms of such contracts, subcontracts, and
subordinate contracts entered into prior to but not completed on
the date of enactment of any successor Act to the Mutual Security
Act of 1954, as amended, and contracting officers of the United
States are authorized to make such modifications and amendments of
existing contracts as may be necessary to bring such contracts into
conformity with the provisions of this chapter. No right shall
arise in any employee or his dependent under subparagraphs (3) and
(4) of subdivision (a) of this section, prior to two months after
the approval of this chapter. Upon the recommendation of the head
of any department or other agency of the United States, the
Secretary of Labor, in the exercise of his discretion, may waive
the application of this section with respect to any contract,
subcontract, contract, or subordinate contract, work location under
such contracts, or classification of employees. Upon recommendation
of any employer referred to in paragraph (6) of subsection (a) of
this section, the Secretary of Labor may waive the application of
this section to any employee or class of employees of such
employer, or to any place of employment of such an employee or
class of employees.
(f) Liability to prisoners of war and protected persons
The liability under this chapter of a contractor, subcontractor,
or subordinate contractor engaged in public work under paragraphs
(1), (2), (3), and (4) of subsection (a) of this section or in any
work under paragraph (5) of subsection (a) of this section does not
apply with respect to any person 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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