§1711. Definitions

When used in this chapter-

(a) The term "Secretary" means the Secretary of Labor.

(b) The term "war-risk hazard" means any hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or 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; from-

(1) the discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person; or

(2) action of a hostile force or person, including rebellion or insurrection against the United States or any of its Allies; or

(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 ¹ 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 ; Pub. L. 85–70, June 29, 1957, 71 Stat. 242 ; Pub. L. 85–608, title I, §§103, 104, Aug. 8, 1958, 72 Stat. 537 ; Pub. L. 86–70, §42(c), June 25, 1959, 73 Stat. 151 .)

Editorial Notes

Codification

In the original of act Dec. 2, 1942, ch. 668, title II, §201, 56 Stat. 1033 , the opening clause read "When used in this Act (except when used in title III)-". Title III of such Act amended section 1651 of this title which is not in this chapter. Therefore, because of the use of the restrictive term "this chapter", in this section, the words in parenthesis "except when used in title III" were omitted as unnecessary. This chapter comprises the remainder of such Act.

Amendments

1959-Subsec. (f). Pub. L. 86–70 added subsec. (f).

1958-Subsec. (b). Pub. L. 85–608, §103(a), struck out provisions which defined "war-risk hazard" to mean hazards arising after Dec. 6, 1941, and prior to July 1, 1958, and inserted provisions redefining 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 places.

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 "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 "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 definition of "war activities" for provisions defining "national war effort" and "war effort".

Subsec. (f). Pub. L. 85–608, §103(f), repealed subsec. (f) which defined "war activities", 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) to (f). Act June 30, 1953, §1(b), added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–70 effective June 25, 1959, see section 47(g) of Pub. L. 86–70, set out as a note under section 1651 of this title.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title.

Executive Documents

Transfer of Functions

" 'Secretary' means the Secretary of Labor" substituted for " 'Administrator' means the Federal Security Administrator" in subsec. (a), pursuant to Reorg. Plan No. 19 of 1950, §1, eff. May 24, 1950, 15 F.R. 2178, 64 Stat. 1271, which transferred functions of Federal Security Administrator to Secretary of Labor.

Previously, " 'Administrator' means the Federal Security Administrator" substituted for " 'Commission' means the United States Employees' Compensation Commission" pursuant to Reorg. Plan No. 2 of 1946, §3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished United States Employees' Compensation Commission and transferred its functions to Federal Security Administrator.

¹ So in original. Probably should be capitalized.