
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8147]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8147. Employees' Compensation Fund

    (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 sections 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 554; Pub. L. 90-83, Sec. 1(68), 
Sept. 11, 1967, 81 Stat. 213; Pub. L. 93-416, Secs. 25, 26, Sept. 7, 
1974, 88 Stat. 1150; Pub. L. 94-273, Sec. 42, Apr. 21, 1976, 90 Stat. 
381; Pub. L. 97-258, Sec. 3(a)(17), Sept. 13, 1982, 96 Stat. 1063.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 785.                 Sept. 7, 1916, ch.
                                                    458, Sec.  35, 39
                                                    Stat. 749.
                                                   Sept. 12, 1950, ch.
                                                    946, Sec.  301(92),
                                                    64 Stat. 844.
                                                   Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    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
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8147(a)............  5 App.: 785(d).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  10(c),
                                                    80 Stat. 255.
------------------------------------------------------------------------

    The word ``performed'' is substituted for ``rendered'' to conform to 
the style of title 5. The words ``sections 8131 and 8132 of this title'' 
are substituted for ``sections 26 and 27'' to reflect the codification 
of those sections in title 5.


                               Amendments

    1982--Subsec. (c). Pub. L. 97-258 substituted ``section 9101(2)'' 
for ``section 856'', and ``chapter 91'' for ``sections 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, Sec. 26, substituted ``Office of 
Management and Budget'' for ``Bureau of the Budget''.
    Subsec. (c). Pub. L. 93-416, Sec. 25, inserted reference to the 
United States Postal Service.


                    Effective Date of 1974 Amendment

    Amendment 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 Printing Office Payment of Cost of Administration

    Pub. L. 105-275, title III, Sec. 313, Oct. 21, 1998, 112 Stat. 2460, 
provided that: ``For purposes of section 8147 of title 5, United States 
Code, the Government Printing 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, Sec. 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, Sec. 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 Increase

    Increases 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.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 95d; title 39 section 
2003; title 42 sections 1701, 1704, 1705; title 49 section 49104.
