Washington : Government Printing Office
|Sec. 1||Public Health Service Act.|
|Sec. 605||39 Stat. 743.|
|Sec. 605||Election of benefits.|
|Sec. 605||39 Stat. 750.|
Menominee Indian Reservation, Wis.
|Sec. 605||35 Stat. 51.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Titles I to V, inclusive, of the Act may be cited as the "Public Health Service Act".
(a) Section 7 of the Act of September 7, 1916, entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes", as amended (U.S.C., 1940 edition, title 5, sec. 757), is amended by changing the period at the end thereof to a colon and adding the following: "Provided, That whenever any person is entitled to receive any benefits under this Act by reason of his injury, or by reason of the death of an employee, as defined in section 40, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law."
(b) The definition of the term "employee" in section 40 of such Act of September 7, 1916, as amended (U.S.C., 1940 edition, title 5, sec. 790), is amended to read as follows:
"The term ‘employee' includes all civil employees of the United States and of the Panama Railroad Company, commissioned officers of the Regular Corps of the Public Health Service, officers in the Reserve of the Public Health Service on active duty, and all persons, other than independent contractors and their employees, employed on the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled ‘An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin, approved March 28, 1908,’ as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation."
Approved, July 1, 1944.