§8147 — Title 5 Government Organization and Employees | U.S. Code

Summary

Keeps a special fund in the U.S. Treasury to pay compensation, benefits, and related costs for federal employees hurt or killed on the job. The fund does not pay general administrative costs. Legal work done for the Labor Secretary is not counted as those administrative costs. The Secretary of Labor must send yearly estimates to the Office of Management and Budget for money the fund needs. Before August 15 each year, the Secretary must send each agency a statement showing costs paid from the fund for the prior July 1–June 30 period. Each agency must request that amount in its next year’s budget. When the money is approved, the agency must deposit it into the fund within 30 days. Agencies that do not use annual appropriations must deposit the money during the first 15 days of October. If an agency is moved, the receiving agency takes on the costs. The Postal Service and certain corporations must also pay an extra share for administering the program as set by the Secretary; those payments go into the Treasury.

Title 5, §8147

Government Organization and Employees — Source: USLM XML via OLRC

(a)There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal services performed by or for the Secretary under section 8131 and 8132 of this title.

(b)Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees’ Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the statement. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality.

(c)In addition to the contributions for the maintenance of the Employees’ Compensation Fund required by this section, the United States Postal Service, or a mixed ownership corporation as defined by section 9101(2) of title 31, or any other corporation or agency or instrumentality (or activity thereof) which is required by statute to submit an annual budget pursuant to or as provided by chapter 91 of title 31, shall pay an additional amount for its fair share of the cost of administration of this subchapter as determined by the Secretary. With respect to these corporations, agencies, and instrumentalities, the charges billed by the Secretary under this section shall include an additional amount for these costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner otherwise provided by this section.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 785.Sept. 7, 1916, ch. 458, § 35, 39 Stat. 749.Sept. 12, 1950, ch. 946, § 301(92), 64 Stat. 844.Sept. 13, 1960, Pub. L. 86–767, § 209, 74 Stat. 909. In subsection (b), the words “each agency and instrumentality of the United States” are substituted for “each executive department and each agency or instrumentality of the United States or other establishment”. The words “(hereinafter called ‘agency’)” are omitted as unnecessary because “agency or instrumentality” is substituted for “agency” in the remainder of this subsection and in subsection (c). The words “occurring after

December 1, 1960” are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 8147(a)5 App.: 785(d).

July 4, 1966, Pub. L. 89–488, § 10(c), 80 Stat. 255. The word “performed” is substituted for “rendered” to conform to the style of title 5. The words “section 8131 and 8132 of this title” are substituted for “section 26 and 27” to reflect the codification of those sections in title 5.

Editorial Notes

Amendments

1982—Subsec. (c). Pub. L. 97–258 substituted “section 9101(2)” for “section 856”, and “chapter 91” for “section 841–869”. 1976—Subsec. (b). Pub. L. 94–273 inserted “during the first fifteen days of October following the furnishing of the statement” after “its control” and substituted “July 1 through June 30 expense period” for “fiscal year” and “the fiscal year beginning in the next calendar year” for “the next fiscal year”. 1974—Subsec. (a). Pub. L. 93–416, § 26, substituted “Office of Management and Budget” for “Bureau of the Budget”. Subsec. (c). Pub. L. 93–416, § 25, inserted reference to the United States Postal Service.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by section 25 of Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Amendment by section 26 of Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any death or injury occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Government Publishing Office Payment of Cost of Administration Pub. L. 105–275, title III, § 313, Oct. 21, 1998, 112 Stat. 2460, as amended by Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: “For purposes of section 8147 of title 5, United States Code, the Government Publishing Office is not considered an agency which is required by statute to submit an annual budget pursuant to or as provided by chapter 91 of title 31, United States Code, and is not required to pay an additional amount for the cost of administration.” Fiscal Year 1994 Prohibition on Payments to Individuals Convicted of Issuing False Statements or Fraud Pub. L. 103–112, title I, § 102, Oct. 21, 1993, 107 Stat. 1089, Department of Labor Appropriation Act, 1994, provided that: “None of the funds in the Employees’ Compensation Fund under 5 U.S.C. 8147 shall be expended for payment of compensation, benefits, and expenses to any individual convicted of a violation of 18 U.S.C. 1920, or of any felony fraud related to the application for or receipt of benefits under subchapters I or III of chapter 81 of title 5, United States Code.” Deposit Into Fund Between July 1, and

July 15, 1976, of Specified Part of

August 15, 1975, Statement Pub. L. 94–274, title I, § 120, Apr. 21, 1976, 90 Stat. 389, provided that for the purposes of 5 U.S.C. 8147(b), each agency and instrumentality of the United States dependent upon an annual appropriation and having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof shall deposit in the Treasury to the credit of the Employees’ Compensation Fund, no later than

July 15, 1976, but no earlier than

July 1, 1976, 25 per centum of the amount stated in the

August 15, 1975, statement. Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by section 1(71) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8147 Employees’ Compensation Fund