Page:United States Statutes at Large Volume 72 Part 1.djvu/439

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[72 Stat. 397]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 397]

72 S T A T. ]

397

PUBLIC LAW 85-538-JULY 18, 1958

Public Law 85-538 AN ACT To make the provisions of the Longshoremen's and Harbor Workers' Compensation Act applicable to certain civilian employees of nonappropriated fund Instrumentalities of the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of June 19, 1952 (66 Stat. 139; Public Law 397, Eightysecond Congress; 5 U.S.C. 150k-l), is amended to read as follows: "SEC. 2. (a) The Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 901-950) shall apply with respect to the disability or death resulting from injury, as defined in section 2(2) of such Act (33 U.S.C. 902 (2)), occurring to a civilian employee of any nonappropriated fund instrumentality described in the first section of this Act, subject to the following provisions of this section: "(1) For the purposes of this Act, the term 'employee' in section 2(3) of the Longshoremen's and Harbor Workers' Compensation Act shall include only— " (A) those employees of such nonappropriated fund instrumentalities as are employed within the continental United States and " (B) those United States citizens or permanent residents of the United States or a Territory who are employees of such nonappropriated fund instrumentalities outside the continental limits of the United States. "(2) For the purposes of this Act, the term 'employer' in section 2(4) of the Longshoremen's and Harbor Workers' Compensation Act shall include each of the nonappropriated fund instrumentalities described in the first section of this Act. "(3) For the purposes of this Act, only that part of section 3 (a) of the Longshoremen's and Harbor Workers' Compensation Act which precedes the first comma shall apply. "(4) The Secretary of Labor is authorized— " (A) to extend compensation districts established under section 39(b) of the Longshoremen's and Harbor Workers' Compensation Act or to establish new districts to include the areas outside the continental limits of the United States and " (B) to assign to each such district one or more deputy commissioners as the Secretary deems advisable. Judicial proceedings under sections 18 and 21 of such Act with respect to any injury or death occurring outside the continental limits of the United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction in respect of such injury or death (or in the United States District Court for the District of Columbia if such office is located in such district). " (b) I n case of disability or death resulting from injury, as defined in section 2(2) of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 902 (2)), of an employee who is not a citizen or permanent resident of the United States or a Territory, employed outside the continental limits of the United States by any nonappropriated fund instrumentality described in the first section of this Act, compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of the Treasury, as the case may 1x5. "(c) The liability of the United States or of any nonappropriated fund instrumentality described in the first section of this Act, with

July 18, 1958 [H.R. 10504]

Armed Forces. Certain civilian employees. Death or disability condensation. 44 Stat. 1424.

Definitions.

Applicability. 33 USC 903. Districts.. Extension, e t c. 33 USC 939.

33 USC 918, 921.

c.iimiqyeeB jide U.S.