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[Public—No. 397—82nd Congress, Passed June 19,
1952, As Amended]
Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled,
Sec. 1. Civilian employees, compensated from nonappropriated
funds, of the Army and Air Force Exchange Service, Army and Air Force Motion
Picture Services Navy Ship's Stores Ashore, Navy exchanges, Marine Corps
exchanges, Coast Guard exchanges, and other instrumentalities of the United
States under the jurisdiction of the Armed Forces conducted for the comfort,
pleasure, contentment, and mental and physical improvement of personnel of the
Armed Forces shall not be held and considered as employees of the United States
for the purpose of any laws administered by the Civil Service Commission or the
provisions of the Federal Employees' Compensation Act, as amended:
Provided, That the status of them nonappropriated fund activities as
Federal instrumentalities shall not be affected.
Sec. 2. (a) The Longshoremen's and Harbor Workers' Compensation
Act shall apply with respect to the disability or death resulting from injury,
as defined in section 2(2) of such Act, occurring to a civilian employee of any
nonappropriated fund instrumentality described in section 1 of this Act,
subject to the following provisions of this section:
(1) For the purposes of section 1 of this Act and this section, the
term. "employee" in section 2(3) of the Longshoremen's and Harbor Workers'
Compensation Act, as amended, shall include only--
(A) those employees of such nonappropriated fund instrumentalities
are as 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 limit's of the United
States
(2) For the purposes of section 1 of this Act and this section, the
term "employer" in section 2(4) of the Longshoremen's and Harbor Workers'
Compensation Act, as amended, shall include each of the nonappropriated fund
instrumentalities described in section 1 of this Act.
(3) For the purposes of section 1 of this Act and this section, only
that part of section 3(a) of the Longshoremen's and Harbor Workers'
Compensation Act, as amended, 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, as
amended, 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 the Longshoremen's and
Harbor Workers' Compensation Act, as amended, 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) In case of disability or death resulting from injury, as defined in
section 2(2) of the Longshoremen's and Harbor Workers' Compensation Act, as
amended, 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 section
1 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 be.
(c) The liability of the United States or of any nonappropriated fund
instrumentality described in section 1 of this Act with respect to the
disability or death resulting from injury, as defined in section 2(2) of the
Longshoremen's and Harbor Workers' Compensation Act, of any employee referred
to in subsection (a) or (b) of this motion, shall be determined as provided in
section 1 of this Act and this section. Such liability shall be exclusive and
in the place of all other liability of the United States or such
instrumentality to the employee, his legal representative, spouse, dependents,
next of kin, and any person otherwise entitled to recover damages from the
United States or such nonappropriated fund instrumentality on account of such
disability or death in any direct judicial proceedings, in a civil action, or
in admiralty, or by proceedings whether administrative or judicial, under any
workmen's compensation law or under any Federal tort liability statute.
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