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§ 1594d. Appropriations; use of quarters allowances.

(a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 1594, 1594a, 1594b, and 1594c of this title. (b) Any funds heretofore or hereafter authorized to be expended by any of the military departments or the Coast Guard for the payment of allowances for quarters for military personnel may be used for the purposes specified in subsection (a) of this section. (Aug. 11, 1955, ch. 783, title IV, § 407, 69 Stat. 653.)

§ 1594e. Definitions.

(a) Wherever the terms "Secretary of Defense" or "Secretary of the Army, Navy, or Air Force" appear in this subchapter or in title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, they shall be deemed to mean the Secretary of Transportation in the case of the application of the provisions of this subchapter or of title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, for the benefit of the United States Coast Guard.

(b) Wherever the term "armed services" appears in this subchapter it shall be deemed to include the United States Coast Guard. (Aug. 11, 1955, ch. 783, title IV, § 409, 69 Stat. 654; May 25, 1967, Pub. L. 90-19, § 12(g), 81 Stat. 24.)

REFERENCES IN TEXT

Title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, referred to in subsec. (a), refers to title VIII of Act June 27, 1934, ch. 847 as amended by act Aug. 11, 1955, which is classified to section 1748 et seq. of Title 12, Banks and Banking.

AMENDMENTS

1967-Subsec. (a). Pub. L. 90–19 struck out "or Secretary" following "Secretary of Defense".

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for " Secretary of the Treasury" in subsec. (a) pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Treasury and other offices and officers of the Department of the Treasury relating generally to the Coast Guard to the Secretary of Transportation. See section 1655(b)(1) of Title 49, Transportation.

§ 1594f. Net floor area limitations.

In the construction of housing under the authority of this subchapter and Title VIII of the National Housing Act, as amended, the maximum limitations on net floor area for each unit shall be the same as the net floor area limitations prescribed by law (at the time plans and specifications for such construction are begun) for public quarters built with appropriated funds under military construction authority. (Aug. 11, 1955, ch. 783, title IV, § 410, as added Aug. 7, 1956, ch. 1029, title V, § 510, 70 Stat. 1110, and amended July 12, 1957, Pub. L. 85-104, title, V, § 503, 71 Stat. 303.)

REFERENCES IN TEXT

Title VIII of the National Housing Act, as amended, referred to in the text, is title VIII of act June 27, 1934, ch. 847, classified to section 1748 et seq. of Title 12, Banks and Banking.

AMENDMENTS

1957-Pub. L. 85-104 substituted "limitations prescribed by law (at the time plans and specifications for such construction are begun) for public quarters built with appropriated funds under military construction au

thority" for the words "permanent limitations prescribed in the second, third, and fourth provisos of section 3 of the act of June 12, 1948 (62 Stat. 375), or section 3 of the act of June 16, 1948 (62 Stat. 459), other than the first, second, and third provisos thereof".

§ 1594g. Repealed. Pub. L. 85-241, title IV, § 406(b), Aug. 30, 1957, 71 Stat. 556, eff. July 1, 1958. Section, act Aug. 3, 1956, ch. 939, title IV, § 419, 70 Stat. 1018, related to conditions precedent to entering into contracts for construction or acquisition of family housing units by or for the use of military or civilian personnel of any of the military services.

§ 1594h. Purchase of family housing for assignment as public quarters; space and cost limitations. The Secretary of the Army is authorized to purchase out of appropriations available for military construction family housing including necessary land at, or near, military tactical installations for assignment as public quarters to military personnel and their dependents. Not more than 300 units of such housing may be purchased under this section. Space limitations per unit will be in accordance with subsections (a), (b), and (c) of section 4774 of Title 10, and cost limitations as now or hereafter established for military housing constructed with appropriated funds. (Pub. L. 85-241, title I, § 103, Aug. 30, 1957, 71 Stat. 534.)

CODIFICATION

This section was not enacted as part of the Housing Amendments of 1955, act Aug. 11, 1955, ch. 783, 69 Stat. 635, as amended, which comprises this subchapter.

§ 1594h-1. Improvement of family housing units; public quarters designation; cost limitations. (a) The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions, or extensions not otherwise authorized by law of family housing units at various locations under the jurisdiction of the Department of Defense which, on July 27, 1962, have not been designated as public quarters. Units so improved shall be designated public quarters.

(b) No family housing unit may be improved at a total cost of more than 50 per centum of the maximum cost of construction prescribed by this Act for an equivalent unit of new family housing. (Pub. L. 87-554, title V, § 503, July 27, 1962, 76 Stat. 239.)

REFERENCES IN TEXT

The Act, referred to in subsec. (b), is Pub. L. 87-554. Construction cost limitations are set out in notes under this section.

CODIFICATION

This section was not enacted as part of the Housing Amendments of 1955, act Aug. 11, 1955, ch. 783, 69 Stat. 635, as amended, which comprises this subchapter.

1965 CONSTRUCTION COST LIMITATIONS

Section 502 of Pub. L. 89-188, title V, Sept. 16, 1965, 79 Stat. 813, provided that:

"Authorizations for the construction of family housing provided in this Act shall be subject to the following limitations on costs, which shall include shades, screens, ranges, refrigerators, and all other installed equipment and fixtures:

"(a) The cost per unit of family housing constructed in the United States (other than Hawaii and Alaska) and Puerto Rico shall not exceed

"$24,000 for general officers or equivalent;
"$19,800 for colonels or equivalent;

"$17,600 for majors and/or lieutenant colonels or equivalent;

"$15,400 for all other commissioned or warrant officer personnel or equivalent, except that four-bedroom housing units authorized by sections 4774(g), 7574(e),

and 9774(g) of title 10, United States Code, may be constructed at a cost not to exceed $17,000;

"$13,200 for enlisted personnel, except that four-bedroom housing units authorized by sections 4774(f), 7574(d), and 9774(f) of title 10, United States Code, may be constructed at a cost not to exceed $15,000. "(b) When family housing units are constructed in areas other than those listed in subsection (a), the average cost of all such units, in any project of fifty units or more, shall not exceed $32,000, and in no event shall the cost of any unit exceed $40,000.

"(c) The cost limitations provided in subsections (a) and (b) shall be applied to the five-foot line.

"(d) For all units constructed in the areas listed in subsection (a), exclusive of the project for the United States Military Academy at West Point, the average unit cost for each military department shall not exceed $17,500, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities.

"(e) No family housing unit in the areas listed in subsection (a) shall be constructed at a total cost exceeding $28,000, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities.

"(f) Units constructed at the United States Military Academy, West Point, shall not be subject to the limitations of subsections (a) through (e) of this section, but the average cost of such units shall not exceed $36,000, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities."

1963 CONSTRUCTION COST LIMITATIONS Section 502 of Pub. L. 88-174, title V, Nov. 7, 1963, 77 Stat. 325, provided that:

"Authorizations for the construction of family housing provided in this Act shall be subject to the following limitations on cost, which shall include shades, screens, ranges, refrigerators, and all other installed equipment and fixtures:

"(a) The cost per unit of family housing constructed in the United States (other than Alaska), the Canal Zone, and Puerto Rico shall not exceed

"$22,000 for generals or equivalent;
"$19,800 for colonels or equivalent;

"817,600 for majors and/or lieutenant colonels or equivalent;

"$15,400 for all other commissioned or warrant officer personnel or equivalent;

"$13,200 for enlisted personel;

"(b) When family housing units are constructed in areas other than those listed in subsection (a), the average cost of all such units, in any project of 50 units or more, shall not exceed $32,000, and in no event shall the cost of any unit exceed $40,000.

"(c) The cost limitations provided in subsections (a) and (b) shall be applied to the five-foot line.

"(d) No project in excess of 50 units in the areas listed in subsection (a) shall be constructed at an average unit cost exceeding $17,500, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities.

"(e) No family housing unit in the areas listed in subsection (a) shall be constructed at a total cost exceeding $26,000, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities."

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"$13,200 for enlisted personnel;

except that when such units are constructed outside the continental United States or in Alaska, the average cost per unit of all such units shall not exceed $32,000, and in no event shall the individual cost exceed $40,000.

"The cost limitations provided in this subsection shall be applied to the five-foot line.

"(b) No project in excess of 50 units at a specific location, other than those constructed outside the continental United States or in Alaska, shall be constructed at an average unit cost exceeding $17,500, including the costs of land acquisition, site preparation, and installation of utilities.

"(c) No family housing unit, other than those constructed outside the continental United States or in Alaska, shall be constructed at a total cost exceeding $26,000, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. For the purposes of this section the cost of the family unit shall include ranges, refrigerators, shades, screens, and fixtures."

§ 15941. Authorization of number of family housing units.

Notwithstanding the provisions of any other law, and effective July 1, 1958, no family housing units shall be contracted for or acquired at or in support of military installations or activities, and no certifilcates with respect to any family housing units shall be issued by the Secretary of Defense or his designee or by any of the military departments in connection with section 1748h-2 of Title 12, unless the actual number of units involved has been specifically authorized by an annual military construction authorization Act except (1) housing units acquired pursuant to the provisions of section 1594a of this title; (2) rental guarantee family housing authorized under section 302 of the Act of July 14, 1952 (66 Stat. 606, 622): Provided, That not more than five thousand units shall be contracted for under the authority of such section prior to June 30, 1964; and (3) housing units leased for terms of one year, whether renewable or not, or for terms of not more than five years pursuant to the provisions of section 2675 of Title 10. (Pub. L. 85-241, title IV, § 406(a) Aug. 30, 1957, 71 Stat. 556; Pub. L. 85-685, title V, § 512, Aug. 20, 1958, 72 Stat. 662; Pub. L. 86-149, title IV, § 408, Aug. 10, 1959, 73 Stat. 321; Pub. L. 86-500, title V, 507(b), June 8, 1960, 74 Stat. 185; Pub. L. 87-70, title VI, § 611(b), June 30, 1961, 75 Stat. 180; Pub. L. 88-174, title V, § 510, Nov. 7, 1963, 77 Stat. 327.)

REFERENCES IN TEXT

Section 302 of the act of July 14, 1952, referred to in the text, is section 302 of act July 14, 1952, ch. 726, title III, 66 Stat. 622, which is not classified to this Code.

CODIFICATION

This section was not enacted as part of the Housing Amendments of 1955, act Aug. 11, 1955, ch. 783, 69 Stat. 635, as amended, which comprises this subchapter.

AMENDMENTS

1963-Pub. L. 88-174 inserted the prohibition against issuance of certificates with respect to any family housing units in connection with section 1748h-2 of Title 12. 1961-Pub. L. 87-70 eliminated provisions which related to certificates issued by the Secretary of Defense under section 1748h-2 of Title 12.

1960-Pub. L. 86-500 prohibited the issuance of certificates with respect to family housing units unless the actual number of units involved has been specifically authorized.

1959-Pub. L. 86-149 excepted rental guarantee family housing.

1958-Pub. L. 85-685 excepted housing units leased, utilizing available operation and maintenance appropriations, for terms of one year, whether renewable or not, or for terms of not more than five years pursuant to the provisions of section 1712-3 of title 5. Section 1712-3 was repealed and the substance thereof now appears in section 2675 of title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3374 of this title.

§ 1594j. Inadequate quarters.

(a) Occupancy on rental basis without loss of basic allowance for quarters.

Notwithstanding the provisions of any other law, members of the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service, with dependents, may occupy on a rental basis, without loss of basic allowance for quarters, inadequate quarters under the jurisdiction of any of the uniformed services, notwithstanding that such quarters may have been constructed or converted for assignment as public quarters. The net difference between the basic allowance for quarters and the fair rental value of such quarters shall be paid from otherwise available appropriations: Provided, That notwithstanding the fair rental value of such quarters, or of any other housing facilities under the jurisdiction of a department or agency of the United States, no rental charge for occupancy of family units designated as other than public quarters shall be made against the basic allowance for quarters of a member of a uniformed service in excess of 75 per centum of such allowance, except that in no event shall the net rental value charged to the member's basic allowance for quarters be less than the costs of maintaining and operating the housing.

(b) Administration.

The provisions of this section shall be administered under regulations approved by the President. (c) Designation as rental housing.

The Secretaries of the Army, Navy, and Air Force for the respective military departments, the Secretary of Transportation for the Coast Guard when the Coast Guard is operating as a service in the Department of Transportation, the Secretary of Commerce for the Coast and Geodetic Survey, and the Secretary of Health, Education, and Welfare for the Public Health Service (hereafter referred to as the "Secretaries”), are each authorized, subject to standards established pursuant to subsection (b) of this section, to designate as rental housing such housing as he may determine to be inadequate as public quarters.

(d) Leasing of housing units.

The Secretaries are each further authorized, subject to standards established pursuant to subsection (b) of this section, to lease inadequate housing to personnel of any of the mentioned services for occupancy by them and their dependents. The housing facilities leased, as herein provided, shall not be required to have been constructed with funds derived from appropriations specifically made for the purpose of the construction of rental housing for personnel of the services mentioned.

(e) Alteration, improvement, or disposition of housing units.

All housing units determined pursuant to subsection (c) of this section to be inadequate shall, prior to July 1, 1962, either be altered or improved so as to qualify as public quarters, or be demolished or otherwise disposed of.

(f) Housing financed with mortgages insured under Title VIII of the National Housing Act.

This section shall have no application to any housing described in clause (1) or (2) of section 1594a (a) of this title.

(g) Continual surveillance and periodic surveys of quarters; exemption of quarters.

The Secretaries of Defense and Health, Education, and Welfare, in order to insure as far as possible that family housing under their jurisdiction is adequate as public quarters and fully utilized, shall maintain such continual surveillance and conduct such periodic surveys of such quarters as they shall deem necessary for this purpose. Where either Secretary or his designee determines, on the basis of such surveys, that it is not in the best interest of the United States to improve, demolish, or otherwise dispose of any quarters which have been determined inadequate under this section, he may exempt such quarters from the requirements of subsection (e) of this section: Provided, That any quarters so exempted must be improved, demolished, or otherwise disposed of not later than July 1, 1965: And provided further, That the Secretary of Defense, or his designee, may exempt from this requirement any housing at any particular installation as to which he determines that (1) the housing is safe, decent, and sanitary, so as to be suitable for occupancy; (2) the housing cannot be made adequate as public quarters with a reasonable expenditure of funds; (3) the rentals charged to, or the allowances forfeited by, the occupants are not less than the costs of maintaining and operating the housing; and (4) there is a continuing need which cannot appropriately be met by privately owned housing in the area. Any such housing so exempted in connection with depot-type installations, as to which the Secretary of Defense, or his designee, determines, subsequent to July 1, 1967, that indefinite retention may be necessary to satisfy unanticipated housing requirements resulting from future expanded activity at such installations, may be retained and utilized as necessary, notwithstanding that the foregoing criteria are no longer satisfied. (Pub. L. 85-241, title IV, § 407, Aug. 30, 1957, 71 Stat. 556; Pub. L. 85-685, title V, § 516, Aug. 20, 1958, 72 Stat. 664; Pub. L. 86-372, title VII, § 702(c), Sept. 23, 1959, 73 Stat. 683; Pub. L. 86-500, title V, § 508, June 8, 1960, 74 Stat. 186; Pub. L. 87-57, title VI, § 610, June 27, 1961, 75 Stat. 111; Pub. L. 88-174, title V, § 506, Nov. 7, 1963, 77 Stat. 326; Pub. L. 89568, title V, § 502, Sept. 12, 1966, 80 Stat. 753; Pub. L. 90-110, title VI, § 608, Oct. 21, 1967, 81 Stat. 305.)

CODIFICATION

Section was not enacted as part of the Housing Amendments of 1955, act Aug. 11, 1955, ch. 783, 69 Stat. 635, as amended, which comprises this subchapter.

seded by section 2(4) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President.

AMENDMENTS

1967-Subsec. (g). Pub. L. 90-110 provided for retention and utilization of quarters exempted in connection with depot-type installations to satisfy housing requirements resulting from expanded activity at such installations.

1966 Subsec. (a). Pub. L. 89-568 added provision that no member of the uniformed services shall be charged more than 75 percent of his basic allowance for quarters to live in inadequate quarters under the jurisdiction of any of the uniformed services except that in no event shall the net rental value charged to the member's basic allowance for quarters be less than the cost of maintaining and operating the housing.

1963-Subsec. (g). Pub. L. 88-174 added proviso containing standards for exemption of quarters.

1961-Subsec. (e). Pub. L. 87-57 substituted “July 1, 1962" for "July 1, 1961."

Subsec. (g). Pub. L. 87-57 substituted "July 1, 1965" for "July 1, 1962."

1960 Subsec. (g). Pub. L. 86-500 added subsec. (g). 1959-Subsec. (f). Pub. L. 86-372 substituted "housing described in clause (1) or (2) of section 1594a (a) of this title" for "housing financed with mortgages insured under the provisions of Title VIII of the National Housing Act as in effect prior to the enactment of the Housing Amendments of 1955."

1958-Subsec. (e). Pub. L. 85-685 substituted "July 1, 1961" for "July 1, 1960”.

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. All personnel (including commissioned officers) of the Survey and all property held or used by the Survey were deemed transferred to the Administration, and all functions of the Survey, not already transferred by 1950 Reorg. Plan No. 5, were transferred to the Secretary of Commerce.

"Secretary of Transportation" was substituted for "Secretary of the Treasury" in subsec. (c) pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Tresury and other offices and officers of the Department of the Treasury relating to the Coast Guard to the Secretary of Transportation. See section 1655(b)(1) of Title 49, Transportation.

DELEGATION OF FUNCTIONS

Functions of the President under subsection (b) of this section delegated to the Director of the Bureau of the Budget, see section 1(22) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President.

EXECUTIVE ORDER NO. 10766

Ex. Ord. No. 10766, May 2, 1958, 23 F.R. 2981, formerly set out as a note under this section, which authorized delegation of authority of President to approve regulations to the Director of the Bureau of the Budget, was super

§ 1594k. Foreign countries; guarantee of rental return to builders or other sponsors; limitation on amount; period; unit limitation.

For the purpose of providing military family housing in foreign countries, the Secretary of Defense is authorized to enter into agreements guaranteeing the builders or other sponsors of such housing a rental return equivalent to a specified portion of the annual rental income which the builders or other sponsors would receive from the tenants if the housing were fully occupied: Provided, That the aggregate amount guaranteed under such agreements entered into during the fiscal years 1971 and 1972 shall not exceed such amount as may be applicable to five thousand units: Provided further, That no such agreement shall guarantee the payment of more than 97 per centum of the anticipated rentals, nor shall any guarantee extend for a period of more than ten years, nor shall the average guaranteed rental on any project exceed $185 per unit per month, including the cost of maintenance and operation. (Pub. L. 88-174, title V, § 507, Nov. 7, 1963, 77 Stat. 326; Pub. L. 89-188, title V, § 505, Sept. 16, 1965, 79 Stat. 814; Pub. L. 90-110, title VI, § 605, Oct. 21, 1967, 81 Stat. 304; Pub. L. 90-408, title VI, § 607, July 21, 1968, 82 Stat. 388; Pub. L. 91-142, title V, § 508, Dec. 5, 1969, 83 Stat. 312; Pub. L. 91-511, title V, § 507, Oct. 26, 1970, 84 Stat. 1220.)

CODIFICATION

Section was not enacted as part of the Housing Amendments of 1955, act Aug. 11, 1955, ch. 783, 69 Stat. 635, as amended, which comprises this subchapter.

AMENDMENTS

1970-Pub. L. 91-511, in substituting "1971 and 1972"* for "1970 and 1971", provided for guaranteed rental for fiscal year 1972.

1969-Pub. L. 91-142, in substituting "1970 and 1971" for "1969 and 1970", provided for guaranteed rental for fiscal year 1971.

1968-Pub. L. 90-408 substituted "1969 and 1970" for "1968 and 1969".

1967-Pub. L. 90-110 authorized guarantee of rental return to other sponsors and increased guaranteed rental limitation from $150 for fiscal years 1966 and 1967 to $185 for fiscal years 1968 and 1969.

1965-Pub. L. 89-188 substituted provision for guarantee of rental return to builders for agreements entered into during fiscal years 1966 and 1967 for former provision for such guarantee for fiscal years 1964 and 1965.

Chapter 10.-FEDERAL SECURITY AGENCY §§ 1601 to 1603. Transferred or Omitted.

CODIFICATION

Sections 1601 and 1602 have been transferred to sections 3505 and 3507, respectively of this title.

Section 1603, acts July 13, 1943, ch. 221, title II, § 1, 57 Stat. 513; June 28, 1944, ch. 302, title II, § 1, 58 Stat. 566; July 3, 1945, ch. 263, title II, 59 Stat. 376; July 26, 1946, ch. 672, title II, § 201, 60 Stat. 697; July 8, 1947, ch. 210, title II, § 201, 61 Stat. 276, which authorized the Secretary of the Treasury to transfer to constituent organizations of the Federal Security Agency requested amounts from appropriations for traveling expenses and printing and binding, Federal Security Agency, and to retransfer to such appropriations, was not repeated in subsequent acts, and expired with the appropriation acts of which it was a part.

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Except as herein modified, the provisions of the Longshoremen's and Harbor Workers' Compensation Act, as amended, 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 provi

sions 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;

or

(5) under a contract approved and financed by the United States or any executive department, independent establishment, 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

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