Speech #850243448

The other changes in this definition are intended to eliminate the World War II frame of reference and to substitute a less limiting frame of reference. This object has necessitated the addition of a definition of "allies" and "war activities." Third. To eliminate the discriminatory exclusion of noncitizen contractors employees from Defense Bases Act coverage as imposed by Public Law 100. 83d Congress. The present bill contemplates that where necessary employees will be selectively excluded from coverage as exigencies warrantand not on any unjustifiable basis such as nationality or citizenshipthrough waiver provisions which will operate in a manner similar to the waiver provisions which the law contained prior to enactment of the amendment in Public Law 100. Through use of the waiver provisions. compensation for industrial accidents to foreign. noncitizen employees can be awarded on a scale consistent with local standards and the local economy. The committee believes that citizenship is not a sound or fair basis for establishing employer responsibility for harm which may come to someone in his employ. Workmens compensation is predicated upon the theory that the employer has a duty and responsibility to his employees to compensate them for injuries which they may suffer as a -result of hazards to which they are exposed during the course of their employment. The fact of citizenship does not alter this basic relationship. We do not say that the United States must hire noncitizens. We do say that if it does and there is a recognized responsibility based on an employeremployee relationship. there is no rational basis for denying that responsibility to noncitizens. An example of the anomalies created by the present exclusion of noncitizens is to be seen in the fact that if a contractor -today should send a resident of the United States. who happened to be a noncitizen of the United States. abroad to work on an overseas installation. he could not provide workmens compensation benefits for that employee under the Defense Bases Act. and would have to rely most likely upon a costly special voluntary coverage policy outside the statute. In respect to cost to the United States it should be noted that protection under this part of the bill would be obtained by the contractor from commercial insurance companies and compensation payments would be made by those companies under the standards and procedures of the Longshoremens and Harbor Workers Act. B.