Notes on 42 U.S.C. § 1651 : US Code - Notes

Search Notes on 42 U.S.C. § 1651 : US Code - Notes

(Aug. 16, 1941, ch. 357, Sec. 1, 55 Stat. 622; Dec. 2, 1942, ch.
668, title III, Sec. 301, 56 Stat. 1035; 1946 Proc. No. 2695, eff.
July 4, 1946, 11 F.R. 7871, 60 Stat. 1352; June 30, 1953, ch. 176,
Sec. 4, 67 Stat. 135; Pub. L. 85-477, ch. V, Sec. 502(a), June 30,
1958, 72 Stat. 272; Pub. L. 85-608, title II, Sec. 201, Aug. 8,
1958, 72 Stat. 537; Pub. L. 86-70, Sec. 40, June 25, 1959, 73 Stat.
150; Pub. L. 86-108, ch. VII, Sec. 701(a), July 24, 1959, 73 Stat.
257; Pub. L. 87-195, pt. IV, Sec. 701, Sept. 4, 1961, 75 Stat. 463;
Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)
REFERENCES IN TEXT
The Longshore and Harbor Workers' Compensation Act, referred to
in subsecs. (a) and (d), is act Mar. 4, 1927, ch. 509, 44 Stat.
1424, as amended, which is classified generally to chapter 18 (Sec.
901 et seq.) of Title 33, Navigation and Navigable Waters. For
complete classification of this Act to the Code, see section 901 of
Title 33 and Tables.
For definition of Canal Zone, referred to in subsec. (a)(2), (3),
see section 3602(b) of Title 22, Foreign Relations and Intercourse.
The Mutual Security Act of 1954, referred to in subsecs. (a)(5)
and (e), 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,
Secs. 2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat.
355; June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II,
Secs. 201-205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec.
501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1,
Sec. 101, ch. II, Secs. 201 to 205(a)-(i), (k)-(n), ch. III, Sec.
301, ch. IV, Sec. 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub.
L. 86-472, chs. I to V, 74 Stat. 134, which was principally
classified to chapter 24 (Sec. 1750 et seq.) of Title 22, and which
was repealed by acts July 18, 1956, ch. 627, Sec. 8(m), 70 Stat.
559; Aug. 14, 1957, Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), 71
Stat. 356; July 24, 1959, Pub. L. 86-108, ch. II, Sec. 205(j), ch.
IV, Sec. 401(1), 73 Stat. 250; May 14, 1960, Pub. L. 86-472, ch.
II, Secs. 203(d), 204(k), 74 Stat. 138; Sept. 4, 1961, Pub. L. 87-
195, pt. III, Sec. 642(a)(2), 75 Stat. 460; June 30, 1976, Pub. L.
94-329, title II, Sec. 212(b)(1), 90 Stat. 745; Apr. 4, 1996, Pub.
L. 104-127, title II, Sec. 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)(5), which was classified generally to
sections 1870 to 1876 of Title 22, was repealed by Pub. L. 87-195,
Pt. III, Sec. 642(a)(2), Sept. 4, 1961, 75 Stat. 460.
CODIFICATION
Reference to Philippine Islands in paragraphs (2) and (3) of
subsec. (a) of this section was omitted as obsolete in view of
Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7871, 60 Stat. 1352,
recognizing the independence of the Philippines and withdrawing and
surrendering all rights of possession, supervision, jurisdiction,
control, or sovereignty now existing and exercised by the United
States in and over the territory and people of the Philippines. See
note set out under section 1394 of Title 22, Foreign Relations and
Intercourse.
AMENDMENTS
1984 - Subsecs. (a), (d). Pub. L. 98-426 substituted "Longshore
and Harbor Workers' Compensation Act" for "Longshoremen's and
Harbor Workers' Compensation Act".
1961 - Subsec. (a)(5). Pub. L. 87-195, Sec. 701(1), extended
coverage in those cases where 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 to the Mutual Security Act of 1954
should be covered by this section.
Subsec. (e). Pub. L. 87-195, Sec. 701(2), substituted "but not
completed on the date of enactment of any successor act to the
Mutual Security Act of 1954, as amended" for "June 30, 1958, but
not completed on July 24, 1959".
1959 - Subsec. (a)(2), (3). Pub. L. 86-70, Sec. 40(a), struck out
"Alaska;" before "the United States Naval Operating Base".
Subsec. (a)(6). Pub. L. 86-70, Sec. 40(b), struck out "or in
Alaska or the Canal Zone" after "continental United States".
Subsec. (b)(4). Pub. L. 86-70, Sec. 40(c), added par. (4).
Subsec. (e). Pub. L. 86-108 provided that the liability under
this chapter of a contractor, subcontractor, or subordinate
contractor engaged in performance of contracts, subcontracts, or
subordinate contracts specified in subsec. (a)(5) of this section,
and the conditions set forth therein, shall be applicable to the
remaining terms of such contracts, subcontracts, and subordinate
contracts entered into prior to June 30, 1958, but not completed on
July 24, 1959.
1958 - Subsec. (a)(5). Pub. L. 85-477, Sec. 502(a)(1), added par.
(5).
Subsec. (a)(6). Pub. L. 85-608, Sec. 201(a), added par. (6).
Subsec. (b). Pub. L. 85-608, Sec. 201(b), inserted "whether or
not fixed," after "any project" and substituted "projects or
operations under service contracts and projects in connection with
the national defense or with war activities" for "projects in
connection with the war effort" in definition of "public work", and
inserted definitions of "allies" and "war activities".
Subsec. (e). Pub. L. 85-608, Sec. 201(c), substituted "may waive
the application of this section with respect to any contract" for
"may waive the application of the provisions of subparagraphs (3),
(4), or (5) of subdivision (a) of this section, with respect to any
contract", and inserted provisions authorizing the Secretary to
waive the application of this section to any employee or class of
employees of an employer referred to in paragraph (6) of subsection
(a) of this section upon recommendation of the employer.
Pub. L. 85-477, Sec. 502(a)(2), substituted "provisions of
subparagraphs (3), (4), or (5)" for "provisions of subparagraphs
(3) or (4)".
Subsec. (f). Pub. L. 85-602, Sec. 201(d), substituted provisions
making liability of a contractor, subcontractor, or subordinate
contractor inapplicable with respect to persons who are prisoners
of war or protected persons and who are detained or utilized by the
United States for provisions which made liability inapplicable with
respect to employees not citizens of the United States who incurred
an injury or death resulting in death subsequent to June 30, 1953.
Pub. L. 85-477, Sec. 502(a)(3), inserted "or any work under
subparagraph (5) of subsection (a) of this section" before "shall
not apply".
1953 - Subsec. (f). Act June 30, 1953, added subsec. (f).
1942 - Act Dec. 2, 1942, amended section generally. Prior to
amendment section read as follows: "Except as herein modified, the
provisions of sections 901-921, 922-950 of title 33, as amended,
and as the same may be amended hereafter, shall apply in respect to
the injury or death of any employee engaged in any employment at
any military, air, or naval base acquired after January 1, 1940, by
the United States from any foreign government or 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 Alaska, Guantanamo, and the Philippine Islands, but
excluding the Canal Zone, irrespective of the place where the
injury or death occurs."
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.
EFFECTIVE DATE OF 1959 AMENDMENT
Section 47(g) of Pub. L. 86-70 provided that: "The amendments in
sections 40 and 42 [amending this section and sections 1701, 1704,
and 1711 of this title] shall take effect when enacted [June 25,
1959]: Provided, however, That with respect to injuries or deaths
occurring on or after January 3, 1959, and prior to the effective
date of these amendments, claims filed by employees engaged in the
State of Alaska in any of the employments covered by the Defense
Base Act [this chapter] (and their dependents) may be adjudicated
under the Workmen's Compensation Act of Alaska instead of the
Defense Base Act."
EFFECTIVE DATE OF 1958 AMENDMENT
Section 402 of Pub. L. 85-608 provided that: "The effective date
of this Act [amending this section, sections 1701, 1702, 1704,
1711, and 1716 of this title, and sections 751 and 790 of former
Title 5, Executive Departments and Government Officers and
Employees, repealing section 801 of former Title 5, and enacting
provisions set out as notes under this section and section 1701 of
this title] is June 30, 1958. Persons are entitled to the benefits
of this Act notwithstanding the fact that an injury, disability, or
death occurred after June 30, 1958, and before the date of
enactment of this Act [Aug. 8, 1958]."
SHORT TITLE
Section 5 of act Aug. 16, 1941, as added by Pub. L. 85-608, title
II, Sec. 202, Aug. 8, 1958, 72 Stat. 538, provided that: "This Act
[enacting this chapter] may be cited as the 'Defense Base Act'."
REPEALS
Section 701 of Pub. L. 87-195, cited as a credit to this section,
was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1,
1962, 76 Stat. 263, except insofar as section 701 affected this
section.
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air
Force, and to extent that they were not previously transferred to
Secretary of the Air Force and Department of the Air Force from
Secretary of the Army and Department of the Army, see Secretary of
Defense Transfer Order No. 40 [App. A(74)], July 22, 1949.