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EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-608 effective June 30, 1958, see note set out under section 1651 of this title.

EFFECTIVE DATE OF 1943 AMENDMENT

Act Dec. 23, 1943, provided as follows: "The amendment *. * [to subsec. (b) (1)] shall become effective the first day of the month next following the approval of this Act. [December 23, 1943]".

EFFECTIVE DATE

Section 107 of act Dec. 2, 1942, provided: "This title [sections 1701-1706 of this title] shall take effect as of December 7, 1941".

RETROACTIVE EFFECT OF 1946 AMENDMENT; REVIEW OF CASES

Section 2 of act Aug. 7, 1946, provided: "The provisions of section 1 of this Act (amending this section] shall apply in all cases coming within the purview of section 101 (b) of such Act of December 2, 1942 [subsection (b) of this section], and shall be applied retrospectively to January 1, 1942; and the United States Employees' Compensation Commission [now the Secretary of Labor] is authorized to review any case affected by such provisions, and to make the adjustment of benefits which they require. In cases in which claims for benefits under such section 101 (b) [subsection (b) of this section] have been adjudicated, and the detained person has died since such adjudication, any amounts found to be due upon such review shall be paid to his legal representative." REPEALS

Section 702 of Pub. L. 87-195, which amended this section, was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1, 1962, 76 Stat. 263, except in so far as section 702 affected this section.

Section 6 of act June 30, 1953, repealed section 1 (a) (13) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, which defined terms "enemy", "allies", "national war effort", and "war effort".

SHORT TITLE

Section 208 of act Dec. 2, 1942, as added by Pub. L. 85-608, § 105, provided that titles I and II of act Dec. 2, 1942, which are classified to subchapter I and II of this chapter, should be popularly known as the "War Hazards Compensation Act".

TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the Secretary of Labor, was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

"Administrator" was substituted for "Commission", and "he" and "his" were substituted for "it" and "its", respectively by 1946 Reorg. Plan No. 2, set out in note under section 133y-16 of Title 5.

INCREASE IN COMPENSATION FOR INJURIES AND DEATH FROM INJURIES SUSTAINED BEFORE JULY 1, 1946 Pub. L. 87-380, Oct. 4, 1961, 75 Stat. 809, provided: "That, notwithstanding any other provision of law the monthly disability and death compensation payable pursuant to section 101 (a) of the War Hazards Compensation Act [subsec. (a) of this section] shall, with respect to injuries or deaths resulting from injury sustained prior to July 1, 1946, be increased by 15 per

centum.

"SEC. 2. The increase authorized by this Act shall be effective only with respect to disability and death compensation payable for periods commencing on and after the date of enactment of this Act [Oct. 4, 1961]."

§ 1702. Application of Longshoremen's and Harbor Workers' Compensation Act.

(a) In the administration of the provisions of sections 751-756, 757-781, 783-791 and 793 of Title 5, with respect to cases coming within the purview of section 1701 of this title, the scale of compensation benefits and the provisions for determining the amount of compensation and the payment thereof

as provided in sections 908 and 909 of Title 33, so far as the provisions of said sections can be applied under the terms and conditions set forth therein, shall be payable in lieu of the benefits, except medical benefits, provided under sections 751-756, 757— 781, 783-791 and 793 of Title 5: Provided, That the total compensation payable under this subchapter for injury or death shall in no event exceed the limitations upon compensation as fixed in section 914 (m) of Title 33 as such section may from time to time be amended except that the total compensation shall not be less than that provided for in the original enactment of this chapter.

(b) For the purpose of computing compensation with respect to cases coming within the purview of section 1701 of this title, the provisions of sections 906 and 910 of Title 33 shall be applicable: Provided, That the minimum limit on weekly compensation for disability, established by section 906 (b) of Title 33, and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 909 (e) of Title 33, shall not apply in computing compensation under this subchapter. (Dec. 2, 1942, ch. 668, title I, § 102, 56 Stat. 1031; July 3, 1948, ch. 826, § 4(c), 62 Stat. 1242; Aug. 8, 1958, Pub. L. 85-608, title I, § 102, 72 Stat. 536.)

REFERENCES IN TEXT

Longshoremen's and Harbor Workers' Compensation Act, referred to in the catchline, is classified to chapter 18 of Title 33, Navigation and Navigable Waters.

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-608 omitted proviso that required any amendment to the Longshoremen's and Harbor Workers' Compensation Act which increased the amount of benefits payable for injury or death to be applied in the administration of this section as if the amendment had been in effect at the time of the particular injury or death.

1948 Subsec. (a). Act July 3, 1948 added all text in proviso beginning “as fixed in section 914(m) of Title 33". EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-608 effective June 30, 1958, see note set out under section 1651 of this title. EFFECTIVE DATE

See note under section 1701 of this title.

BENEFITS ADJUDICATED PRIOR TO AUGUST 8, 1958 Section 102 of Pub. L. 85-608 provided in part that the amendment to subsec. (a) of this section by Pub. L. 85-608 shall not affect benefits adjudicated thereunder prior to August 8, 1958.

§ 1703. Definition.

As used in this subchapter, the term "contractor with the United States" includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor. (Dec. 2, 1942, ch. 668, title I, § 103, 56 Stat. 1031.)

EFFECTIVE DATE
See note under section 1701 of this title.

§ 1704. Reimbursement.

(a) Where any employer or his insurance carrier or compensation fund pays or is required to pay benefits

(1) to any person or fund on account of injury or death of any person coming within the purview of this subchapter or sections 1651-1654 of this

title, if such injury or death arose from a warrisk hazard, which are payable under any workmen's compensation law of the United States or of any State, Territory, or possession of the United States, or other jurisdiction; or

(2) to any person by reason of any agreement outstanding on December 2, 1942 made in accordance with a contract between the United States and any contractor therewith to pay benefits with respect to the death of any employee of such contractor occurring under circumstances not entitling such person to benefits under any workmen's compensation law or to pay benefits with respect to the failure of the United States or its contractor to furnish transportation upon the completion of the employment of any employee of such contractor to his home or to the place where he was employed; or

(3) to any person by reason of an agreement approved or authorized by the United States under which a contractor with the United States has agreed to pay workmen's compensation benefits or benefits in the nature of workmen's compensation benefits to an injured employee or his dependents on account of detention by a hostile force or person or on account of injury or death arising from a war-risk hazard;

such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or payable, including funeral and burial expenses, medical, hospital, or other similar costs for treatment and care; and reasonable and necessary claims expense in connection therewith. Claim for such reimbursement shall be filed with the Secretary under regulations promulgated by him, and such claims, or such part thereof as may be allowed by the Secretary, shall be paid from the compensation fund established under section 785 of Title 5. The Secretary may, under such regulations as he shall prescribe, pay such benefits, as they accrue and in lieu of reimbursement, directly to any person entitled thereto, and the insolvency of such employer, insurance carrier, or compensation fund shall not affect the right of the beneficiaries of such benefits to receive the compensation directly from the said compensation fund established under section 785 of Title 5. The Secretary may also, under such regulations as he shall prescribe, use any private facilities, or such Government facilities as may be available, for the treatment or care of any person entitled thereto.

(b) No reimbursement shall be made under this subchapter in any case in which the Secretary finds that the benefits paid or payable were on account of injury, detention, or death which arose from a war-risk hazard for which a premium (which included an additional charge or loading for such hazard) was charged.

(c) The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State. (Dec. 2, 1942, ch. 668, title I, § 104, 56 Stat. 1031; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095: 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Aug. 8, 1958, Pub. L. 85-608, title I, § 104, 72 Stat. 537; June 25, 1959, Pub. L. 86-70, § 42(b), 73 Stat. 151.)

AMENDMENTS

1959 Subsec. (c). Pub. L. 86-70 added subsec. (c). 1958 Subsec. (a)(3). Pub. L. 85-608, substituted "a hostile force or person" for "the enemy".

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective June 25, 1959, see section 21(g) of Pub. L. 86-70, set out as a note under section 1651 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-608 effective June 30, 1958, see note set out under section 1651 of this title. EFFECTIVE DATE

See note under section 1701 of this title.

TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the Secretary of Labor, was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

United States Employees' Compensation Commission was abolished and its functions transferred to the Federal Security Administrator by 1946 Reorg. Plan No. 2, set out in note under section 133y-16 of Title 5.

§ 1705. Receipt of workmen's compensation benefits. (a) No benefits shall be paid or furnished under the provisions of this subchapter for injury or death to any person who recovers or receives workmen's compensation benefits for the same injury or death under any other law of the United States, or under the law of any State, Territory, possession, foreign country, or other jurisdiction, or benefits in the nature of workmen's compensation benefits payable under an agreement approved or authorized by the United States pursuant to which a contractor with the United States has undertaken to provide such benefits.

(b) The Secretary shall have a lien and a right of recovery, to the extent of any payments made under this subchapter on account of injury or death, against any compensation payable under any other workmen's compensation law on account of the same injury or death; and any amounts recovered under this subsection shall be covered into the fund established under section 785 of Title 5.

(c) Where any person specified in section 1701 (a) of this title, or the dependent, beneficiary, or allottee of such person, receives or claims wages, payments in lieu of wages, insurance benefits for disability or loss of life (other than workmen's compensation benefits), and the cost of such wages, payments, or benefits is provided in whole or in part by the United States, the amount of such wages, payments, or benefits shall be credited, in such manner as the Secretary shall determine, against any payments to which any such person is entitled under this subchapter.

Where any person specified in section 1701 (a) of this title, or any dependent, beneficiary, or allottee of such person, or the legal representative or estate of any such entities, after having obtained benefits under this subchapter, seeks through any proceeding, claim, or otherwise, brought or maintained against the employer, the United States, or other person, to recover wages, payments in lieu of wages, or any sum claimed as for services rendered, or for failure to furnish transportation, or for liquidated or unliquidated damages under the employment contract, or any other benefit, and the right in respect thereto

is alleged to have accrued during or as to any period of time in respect of which payments under this subchapter in such case have been made, and in like cases where a recovery is made or allowed, the Secretary shall have the right of intervention and a lien and right of recovery to the extent of any payments paid and payable under this subchapter in such case, provided the cost of such wages, payments in lieu of wages, or other such right, may be directly or indirectly paid by the United States; and any amounts recovered under this subsection shall be covered into the fund established under section 785 of Title 5.

(d) Where a national of a foreign government is entitled to benefits on account of injury or death resulting from a war-risk hazard, under the laws of his native country or any other foreign country, the benefits of this subchapter shall not apply.

(e) If at the time a person sustains an injury coming within the purview of this subchapter said person is receiving workmen's compensation benefits on account of a prior accident or disease, said person shall not be entitled to any benefits under this subchapter during the period covered by such workmen's compensation benefits unless the injury from a war-risk hazard increases his disability, and then only to the extent such disability has been so increased. (Dec. 2, 1942, ch. 668, title I, § 105, 56 Stat. 1032; Dec. 23, 1943, ch. 380, title I, 57 Stat. 627; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271.) AMENDMENTS 1943-Subsec. (c). Act Dec. 23, 1943 added second paragraph.

EFFECTIVE DATE OF 1943 AMENDMENT

Act Dec. 23, 1943, provided as follows: "The amendment in paragraph (b) shall become effective as of the effective date of title I of such Act of December 2, 1942 [sections 1701-1706 of this title]."

EFFECTIVE DATE

Effective date of sections 1701-1706 of this title, see note under section 1701 of this title.

TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the Secretary of Labor, was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

United States Employees' Compensation Commission was abolished and its functions transferred to the Federal Security Administrator by 1946 Reorg. Plan No. 2, set out in note under section 133y-16 of Title 5.

§ 1706. Administration.

(a) The provisions of this subchapter shall be administered by the Secretary of Labor, and the Secretary is authorized to make rules and regulations for the administration thereof and to contract with insurance carriers for the use of the service facilities of such carriers for the purpose of facilitating administration.

(b) In administering the provisions of this subchapter the Secretary may enter into agreements or cooperative working arrangements with other agencies of the United States or of any State (including the District of Columbia, Hawaii, Alaska, Puerto Rico, and the Virgin Islands) or political subdivision thereof, and with other public agencies and private persons, agencies, or institutions, within

and outside the United States, to utilize their services and facilities and to compensate them for such use. The Secretary may delegate to any officer or employee, or to any agency, of the United States or of any State, or of any political subdivision thereof, or Territory or possession of the United States, such of his powers and duties as he finds necessary for carrying out the purposes of this subchapter.

(c) The Secretary, in his discretion, may waive the limitation provisions of sections 751-756, 757-781, 783-791 and 793 of Title 5 with respect to notice of injury and filing of claims under this subchapter, whenever the Secretary shall find that, because of circumstances beyond the control of an injured person or his beneficiary, compliance with such provisions could not have been accomplished within the time therein specified. (Dec. 2, 1942, ch. 668, title I, § 106, 56 Stat. 1033; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271.)

EFFECTIVE DATE

See note under section 1701 of this ttile.
TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the Secretary of Labor, was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

United States Employees' Compensation Commission was abolished and its functions transferred to the Federal Security Administrator by 1946 Reorg. Plan No. 2, set out in note under section 133y-16 of Title 5.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, upon the issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959 upon the issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

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(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

(4) 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

(5) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities. (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 in any country in which a person covered by this chapter is serving.

(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.

(e) The term "war activities" includes activities directly relating to military operations.

(f) the term "continental United States" means the States and the District of Columbia. (Dec. 2, 1942, ch. 668, title II, § 201, 56 Stat. 1033; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 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; June 29, 1957, Pub. L. 85-70, 71 Stat. 242; Aug. 8, 1958, Pub. L. 85-608, title I, §§ 103, 104, 72 Stat. 537; June 25, 1959, Pub. L. 86-70, § 42 (c), 73 Stat. 151.)

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1959 Subsec. (f). Pub. L. 86-70 added subsec. (f). 1958 Subsec. (b). Pub. L. 85-608, § 103 (a), omitted provisions which defined the term "war-risk hazard" to mean hazards arising after Dec. 6, 1941, and prior to July 1, 1958, and inserted provisions redefining the 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 instances. 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 the term "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 the term "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 the definition of "war activities" for the provisions which defined "national war effort" and "war effort".

Subsec. (f). Pub. L. 85-608, § 103 (f), repealed subsec. (f), which defined "war activities", is now covered by subsec. (e) of this section.

1957-Subsec. (b). Pub. L. 85-70 substituted "July 1, 1958" for "July 1, 1957".

1956 Subsec. (b). Act July 9, 1956 substituted "July 1, 1957" for "July 1, 1956".

1955 Subsec. (b). Act June 30, 1955, substituted "July 1, 1956" for "July 1, 1955".

1954 Subsec. (b). Act June 30, 1954 substituted "July 1, 1955" for "July 1, 1954".

1953-Subsec. (b). Act June 30, 1953, § 1(a), substituted "July 1, 1954" for "the end of the present war". Subsecs. (c)—(f). Act June 30, 1953, § 1(b) added subsecs. (c)—(f).

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective June 25, 1959, see section 21(g) of Pub. L. 86-70, set out as a note under section 1651 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-608 effective June 30, 1958, see note set out under section 1651 of this title.

TRANSFER OF FUNCTIONS

In subsec. (a), "Secretary" was substituted for "Administrator", and "Secretary of Labor" was substituted for "Federal Security Administrator", by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees. "Federal Security Administrator" was substituted for "United States Employees' Compensation Commission" by 1946 Reorg. Plan No. 2. See note under section 133y-16 of Title 5.

§ 1712. Disqualification from benefits.

No person convicted in a court of competent jurisdiction of any subversive act against the United States or any of its Allies, committed after the declaration by the President on May 27, 1941, of the national emergency, shall be entitled to compensation or other benefits under subchapter I of this chapter, nor shall any compensation be payable with respect to his death or detention under said subchapter, and upon indictment or the filing of an information charging the commission of any such subversive act, all such compensation or other benefits shall be suspended and remain suspended until acquittal or withdrawal of such charge, but upon conviction thereof or upon death occurring prior to a final disposition thereof, all such payments and all benefits under said subchapter shall be forfeited and terminated. If the charge is withdrawn, or there is an acquittal, all such compensation withheld shall be paid to the person or persons entitled

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Whoever, for the purpose of causing an increase in any payment authorized to be made under this chapter, or for the purpose of causing any payment to be made where no payment is authorized hereunder, shall knowingly make or cause to be made, or aid or abet in the making of any false statement or representation of a material fact in any application for any payment under subchapter I of this chapter, or knowingly make or cause to be made, or aid or abet in the making of any false statement, representation, affidavit, or document in connection with such an application, or claim, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Dec. 2, 1942, ch. 668, title II, 203, 56 Stat. 1034.)

§ 1714. Legal services.

No claim for legal services or for any other services rendered in respect of a claim or award for compensation under subchapter I of this chapter to or on account of any person shall be valid unless approved by the Secretary; and any claim so approved shall, in the manner and to the extent fixed by the said Secretary, be paid out of the compensation payable to the claimant; and any person who receives any fee, other consideration, or any gratuity on account of services so rendered, unless such consideration or gratuity is so approved, or who solicits employment for another person or for himself in respect of any claim or award for compensation under said subchapter shall be guilty of a misdemeanor and upon conviction thereof shall, for each offense, be fined not more than $1,000 or imprisoned not more than one year, or both. (Dec. 2, 1942, ch. 668, title II, § 204, 56 Stat. 1034; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271.)

TRANSFER OF FUNCTIONS

In text of this section, "Secretary" was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

"Administrator" was substituted for "Commission" by 1946 Reorg. Plan No. 2. See note under section 133y-16 of Title 5.

§ 1715. Finality of Secretary's decisions.

The action of the Secretary in allowing or denying any payment under subchapter I of this chapter shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States or by any court by mandamus or otherwise, and the Comptroller General is authorized and directed to allow credit in the accounts of any certifying or disbursing officer for payments in accordance with such action. (Dec. 2,

1942, ch. 668, title II, § 205, 56 Stat. 1034; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271.)

TRANSFER OF FUNCTIONS

In text of this section, "Secretary" was substituted for "Administrator" by 1950 Reorg. Plan No. 19, set out in note under section 778 of Title 5, Executive Departments and Government Officers and Employees.

"Administrator" was substituted for "Commission" by 1946 Reorg. Plan No. 2. See note under section 133y-16 of Title 5.

§ 1716. Presumption of death or detention.

A determination that an individual is dead or a determination that he has been detained by a hostile force or person may be made on the basis of evidence that he has disappeared under circumstances such as to make such death or detention appear probable. (Dec. 2, 1942, ch. 668, title II, § 206, 56 Stat. 1034; Aug. 8, 1958, Pub. L. 85-608, title I, § 104, 72 Stat. 537.)

AMENDMENTS

1958-Pub. L. 85-608 substituted "a hostile force or person" for "the enemy".

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-608 effective June 30, 1958, see note set out under section 1651 of this title.

§ 1717. Assignment of benefits; execution, levy, etc., against benefits.

The right of any person to any benefit under subchapter I of this chapter shall not be transferable or assignable at law or in equity except to the United States, and none of the moneys paid or payable (except money paid hereunder as reimbursement for funeral expenses or as reimbursement with respect to payments of workmen's compensation or in the nature of workmen's compensation benefits), or rights existing under said subchapter, shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law. (Dec. 2, 1942, ch. 668, title II, § 207, 56 Stat. 1035.)

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