Page:United States Statutes at Large Volume 72 Part 1.djvu/580

 PUBLIC LAW 85-608-AUG. 8, 1958

538

Waiver of application.

N o n a p plic ability.

42 U S C 16511654. Short title.

[72

STA T.

"(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." (c) Section 1(e) of that Act is amended by striking the last sentence and by substituting the following two sentences: "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, or subordinate contract, work location under such contracts, or classification of employees. Upon recommendation of any employer referred to in clause (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." (d) Section 1(f) of that Act is amended to read as follows: " (f) The liability under this Act of a contractor, subcontractor, or subordinate contractor engaged in public work under paragraphs (1), (2), (3), and (4), subsection (a) of this section or in any work under subparagraph (5) 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." • SEC. 202. The Act of August 16, 1941 (ch. 357, 55 Stat. 622), as amended, is amended by adding the following new section: "SEC. 5. This Act may be cited as the 'Defense Base Act'." TITLE III—AMENDMENTS TO THE FEDERAL E M P L O Y E E S ' COMPENSATION ACT

5 USC 751. Disability or death.

Performance duty.

of

SEC. 301. Section 1 of the Federal Employees' Compensation Act (39 Stat. 742), as amended, is amended to read as follows: "That (a) the United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. "(b) In any case where an employee within the coverage of this Act or any extension thereof, who is employed outside of the continental United States or in Alaska or m the Canal Zone, suffers disability or death from a war-risk hazard, or suffers disability or death during or as a result of capture, detention, or other restraint by a hostile force or person, his disability or death shall in the administration of this Act be deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged m the course of employment when the disability, or disability resulting in death, occurred or when he was taken by the hostile force or person. This subsection shall not apply to any person (1) whose residence is at or in the vicinity of the place of his employment, and (2) who was not living there solely by virtue of the exigencies of his employment, unless the person was injured or was taken while he was engaged 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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