Federal Employment Compensation Act - FECA - 5 U.S. Code Chapter 81

The Federal Employees’ Compensation Act (FECA), 5 USC Chapter 81, provides compensation benefits to Federal employees for work-related injuries or illnesses, and to their surviving dependents if a work-related injury or illness results in the employee’s death. The FECA is administered by the Department of Labor, Office of Workers’ Compensation Programs (OWCP). The 12 OWCP district offices adjudicate the claims and pay benefits, and the costs of those benefits are charged back to the employing agency.
    5 USC CHAPTER 81 - COMPENSATION FOR WORK INJURIES           

                CHAPTER 81 - COMPENSATION FOR WORK INJURIES            


                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    8101.       Definitions.                                          
    8102.       Compensation for disability or death of employee.     
    8103.       Medical services and initial medical and other
                 benefits.                                            
    8104.       Vocational rehabilitation.                            
    8105.       Total disability.                                     
    8106.       Partial disability.                                   
    8107.       Compensation schedule.                                
    8108.       Reduction of compensation for subsequent injury to
                 same member.                                         
    8109.       Beneficiaries of awards unpaid at death; order of
                 precedence.                                          
    8110.       Augmented compensation for dependents.                
    8111.       Additional compensation for services of attendants or
                 vocational rehabilitation.                           
    8112.       Maximum and minimum monthly payments.                 
    8113.       Increase or decrease of basic compensation.           
    8114.       Computation of pay.                                   
    8115.       Determination of wage-earning capacity.               
    8116.       Limitations on right to receive compensation.         
    8117.       Time of accrual of right.                             
    8118.       Election to use annual or sick leave.(1)              
    8119.       Notice of injury or death.                            
    8120.       Report of injury.                                     
    8121.       Claim.                                                
    8122.       Time for making claim.                                
    8123.       Physical examinations.                                
    8124.       Findings and award; hearings.                         
    8125.       Misbehavior at proceedings.                           
    8126.       Subpenas; oaths; examination of witnesses.            
    8127.       Representation; attorneys' fees.                      
    8128.       Review of award.                                      
    8129.       Recovery of overpayments.                             
    8130.       Assignment of claim.                                  
    8131.       Subrogation of the United States.                     
    8132.       Adjustment after recovery from a third person.        
    8133.       Compensation in case of death.                        
    8134.       Funeral expenses; transportation of body.             
    8135.       Lump-sum payment.                                     
    8136.       Initial payments outside the United States.           
    8137.       Compensation for noncitizens and nonresidents.        
    8138.       Minimum limit modification for noncitizens and aliens.
    8139.       Employees of the District of Columbia.                
    8140.       Members of the Reserve Officers' Training Corps.      
    8141.       Civil Air Patrol volunteers.                          
    8142.       Peace Corps volunteers.                               
    8143.       Job Corps enrollees; volunteers in service to America.
    8143a.      Members of the National Teacher Corps.                
    8144.       Student-employees.                                    
    8145.       Administration.                                       
    8146.       Administration for the Panama Canal Commission and The
                 Alaska Railroad.                                     
    8146a.      Cost-of-living adjustment of compensation.            
    8147.       Employees' Compensation Fund.                         
    8148.       Forfeiture of benefits by convicted felons.           
    8149.       Regulations.                                          
    8150.       Effect on other statutes.                             
    8151.       Civil service retention rights.                       
    8152.       Annual report.                                        

    SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
    8171.       Compensation for work injuries; generally.            
    8172.       Employees not citizens or residents of the United
                 States.                                              
    8173.       Liability under this subchapter exclusive.            

       SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE
                               UNITED STATES
    [8191.      Repealed.]                                            
    8192.       Benefits.                                             
    8193.       Administration.                                       

    (1) So in original. Does not conform to section catchline.


                         SUBCHAPTER I - GENERALLY                     

    Sec. 8101. Definitions

      For the purpose of this subchapter - 
        (1) "employee" means - 
          (A) a civil officer or employee in any branch of the
        Government of the United States, including an officer or
        employee of an instrumentality wholly owned by the United
        States;
          (B) an individual rendering personal service to the United
        States similar to the service of a civil officer or employee of
        the United States, without pay or for nominal pay, when a
        statute authorizes the acceptance or use of the service, or
        authorizes payment of travel or other expenses of the
        individual;
          (C) an individual, other than an independent contractor or an
        individual employed by an independent contractor, employed on
        the Menominee Indian Reservation in Wisconsin in operations
        conducted under a statute relating to tribal timber and logging
        operations on that reservation;
          (D) an individual employed by the government of the District
        of Columbia; and
          (E) an individual appointed to a position on the office staff
        of a former President under section 1(b) of the Act of August
        25, 1958 (72 Stat. 838);

      but does not include - 
          (i) a commissioned officer of the Regular Corps of the Public
        Health Service;
          (ii) a commissioned officer of the Reserve Corps of the
        Public Health Service on active duty;
          (iii) a commissioned officer of the Environmental Science
        Services Administration; or
          (iv) a member of the Metropolitan Police or the Fire
        Department of the District of Columbia who is pensioned or
        pensionable under sections 521-535 of title 4, District of
        Columbia Code; and
          (F) (!1) an individual selected pursuant to chapter 121 of
        title 28, United States Code, and serving as a petit or grand
        juror;


        (2) "physician" includes surgeons, podiatrists, dentists,
      clinical psychologists, optometrists, chiropractors, and
      osteopathic practitioners within the scope of their practice as
      defined by State law. The term "physician" includes chiropractors
      only to the extent that their reimbursable services are limited
      to treatment consisting of manual manipulation of the spine to
      correct a subluxation as demonstrated by X-ray to exist, and
      subject to regulation by the Secretary;
        (3) "medical, surgical, and hospital services and supplies"
      includes services and supplies by podiatrists, dentists, clinical
      psychologists, optometrists, chiropractors, osteopathic
      practitioners and hospitals within the scope of their practice as
      defined by State law. Reimbursable chiropractic services are
      limited to treatment consisting of manual manipulation of the
      spine to correct a subluxation as demonstrated by X-ray to exist,
      and subject to regulation by the Secretary;
        (4) "monthly pay" means the monthly pay at the time of injury,
      or the monthly pay at the time disability begins, or the monthly
      pay at the time compensable disability recurs, if the recurrence
      begins more than 6 months after the injured employee resumes
      regular full-time employment with the United States, whichever is
      greater, except when otherwise determined under section 8113 of
      this title with respect to any period;
        (5) "injury" includes, in addition to injury by accident, a
      disease proximately caused by the employment, and damage to or
      destruction of medical braces, artificial limbs, and other
      prosthetic devices which shall be replaced or repaired, and such
      time lost while such device or appliance is being replaced or
      repaired; except that eyeglasses and hearing aids would not be
      replaced, repaired, or otherwise compensated for, unless the
      damages or destruction is incident to a personal injury requiring
      medical services;
        (6) "widow" means the wife living with or dependent for support
      on the decedent at the time of his death, or living apart for
      reasonable cause or because of his desertion;
        (7) "parent" includes stepparents and parents by adoption;
        (8) "brother" and "sister" mean one who at the time of the
      death of the employee is under 18 years of age or over that age
      and incapable of self-support, and include stepbrothers and
      stepsisters, half brothers and half sisters, and brothers and
      sisters by adoption, but do not include married brothers or
      married sisters;
        (9) "child" means one who at the time of the death of the
      employee is under 18 years of age or over that age and incapable
      of self-support, and includes stepchildren, adopted children, and
      posthumous children, but does not include married children;
        (10) "grandchild" means one who at the time of the death of the
      employee is under 18 years of age or over that age and incapable
      of self-support;
        (11) "widower" means the husband living with or dependent for
      support on the decedent at the time of her death, or living apart
      for reasonable cause or because of her desertion;
        (12) "compensation" includes the money allowance payable to an
      employee or his dependents and any other benefits paid for from
      the Employees' Compensation Fund, but this does not in any way
      reduce the amount of the monthly compensation payable for
      disability or death;
        (13) "war-risk hazard" means a 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 in the country in which an
      individual to whom this subchapter applies is serving; from - 
          (A) the discharge of a missile, including liquids and gas, or
        the use of a weapon, explosive, or other noxious thing by a
        hostile force or individual or in combating an attack or an
        imagined attack by a hostile force or individual;
          (B) action of a hostile force or individual, including
        rebellion or insurrection against the United States or any of
        its allies;
          (C) the discharge or explosion of munitions intended for use
        in connection with a war or armed conflict with a hostile force
        or individual;
          (D) the collision of vessels on convoy or the operation of
        vessels or aircraft without running lights or without other
        customary peacetime aids to navigation; or
          (E) the operation of vessels or aircraft in a zone of
        hostilities or engaged in war activities;

        (14) "hostile force or individual" means a nation, a subject of
      a foreign nation, or an individual serving a foreign nation - 
          (A) engaged in a war against the United States or any of its
        allies;
          (B) engaged in armed conflict, whether or not war has been
        declared, against the United States or any of its allies; or
          (C) engaged in a war or armed conflict between military
        forces of any origin in a country in which an individual to
        whom this subchapter applies is serving;

        (15) "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;
        (16) "war activities" includes activities directly relating to
      military operations;
        (17) "student" means an individual under 23 years of age who
      has not completed 4 years of education beyond the high school
      level and who is regularly pursuing a full-time course of study
      or training at an institution which is - 
          (A) a school or college or university operated or directly
        supported by the United States, or by a State or local
        government or political subdivision thereof;
          (B) a school or college or university which has been
        accredited by a State or by a State-recognized or nationally
        recognized accrediting agency or body;
          (C) a school or college or university not so accredited but
        whose credits are accepted, on transfer, by at least three
        institutions which are so accredited, for credit on the same
        basis as if transferred from an institution so accredited; or
          (D) an additional type of educational or training institution
        as defined by the Secretary of Labor.

      Such an individual is deemed not to have ceased to be a student
      during an interim between school years if the interim is not more
      than 4 months and if he shows to the satisfaction of the
      Secretary that he has a bona fide intention of continuing to
      pursue a full-time course of study or training during the
      semester or other enrollment period immediately after the interim
      or during periods of reasonable duration during which, in the
      judgment of the Secretary, he is prevented by factors beyond his
      control from pursuing his education. A student whose 23rd
      birthday occurs during a semester or other enrollment period is
      deemed a student until the end of the semester or other
      enrollment period;
        (18) "price index" means the Consumer Price Index (all items -
      United States city average) published monthly by the Bureau of
      Labor Statistics; and
        (19) "organ" means a part of the body that performs a special
      function, and for purposes of this subchapter excludes the brain,
      heart, and back; and
        (20) "United States medical officers and hospitals" includes
      medical officers and hospitals of the Army, Navy, Air Force,
      Department of Veterans Affairs, and United States Public Health
      Service, and any other medical officer or hospital designated as
      a United States medical officer or hospital by the Secretary of
      Labor.

1) So in original. Pub. L. 93-416 added par. (F) immediately after
         par. (iv), rather than after par. (E).


    Sec. 8102. Compensation for disability or death of employee

      (a) The United States shall pay compensation as specified by this
    subchapter for the disability or death of an employee resulting
    from personal injury sustained while in the performance of his
    duty, unless the injury or death is - 
        (1) caused by willful misconduct of the employee;
        (2) caused by the employee's intention to bring about the
      injury or death of himself or of another; or
        (3) proximately caused by the intoxication of the injured
      employee.

      (b) Disability or death from a war-risk hazard or during or as a
    result of capture, detention, or other restraint by a hostile force
    or individual, suffered by an employee who is employed outside the
    continental United States or in Alaska or in the areas and
    installations in the Republic of Panama made available to the
    United States pursuant to the Panama Canal Treaty of 1977 and
    related agreements (as described in section 3(a) of the Panama
    Canal Act of 1979), is deemed to have resulted from personal injury
    sustained while in the performance of his duty, whether or not the
    employee was engaged in the course of employment when the
    disability or disability resulting in death occurred or when he was
    taken by the hostile force or individual. This subsection does not
    apply to an individual - 
        (1) whose residence is at or in the vicinity of the place of
      his employment and who was not living there solely because of the
      exigencies of his employment, unless he was injured or taken
      while engaged in the course of his employment; or
        (2) who is a prisoner of war or a protected individual under
      the Geneva Conventions of 1949 and is detained or utilized by the
      United States.

    This subsection does not affect the payment of compensation under
    this subchapter derived otherwise than under this subsection, but
    compensation for disability or death does not accrue for a period
    for which pay, other benefit, or gratuity from the United States
    accrues to the disabled individual or his dependents on account of
    detention by the enemy or because of the same disability or death,
    unless that pay, benefit, or gratuity is refunded or renounced.


    Sec. 8103. Medical services and initial medical and other benefits

      (a) The United States shall furnish to an employee who is injured
    while in the performance of duty, the services, appliances, and
    supplies prescribed or recommended by a qualified physician, which
    the Secretary of Labor considers likely to cure, give relief,
    reduce the degree or the period of disability, or aid in lessening
    the amount of the monthly compensation. These services, appliances,
    and supplies shall be furnished - 
        (1) whether or not disability has arisen;
        (2) notwithstanding that the employee has accepted or is
      entitled to receive benefits under subchapter III of chapter 83
      of this title or another retirement system for employees of the
      Government; and
        (3) by or on the order of United States medical officers and
      hospitals, or, at the employee's option, by or on the order of
      physicians and hospitals designated or approved by the Secretary.

    The employee may initially select a physician to provide medical
    services, appliances, and supplies, in accordance with such
    regulations and instructions as the Secretary considers necessary,
    and may be furnished necessary and reasonable transportation and
    expenses incident to the securing of such services, appliances, and
    supplies. These expenses, when authorized or approved by the
    Secretary, shall be paid from the Employees' Compensation Fund.
      (b) The Secretary, under such limitations or conditions as he
    considers necessary, may authorize the employing agencies to
    provide for the initial furnishing of medical and other benefits
    under this section. The Secretary may certify vouchers for these
    expenses out of the Employees' Compensation Fund when the immediate
    superior of the employee certifies that the expense was incurred in
    respect to an injury which was accepted by the employing agency as
    probably compensable under this subchapter. The Secretary shall
    prescribe the form and content of the certificate.


    Sec. 8104. Vocational rehabilitation

      (a) The Secretary of Labor may direct a permanently disabled
    individual whose disability is compensable under this subchapter to
    undergo vocational rehabilitation. The Secretary shall provide for
    furnishing the vocational rehabilitation services. In providing for
    these services, the Secretary, insofar as practicable, shall use
    the services or facilities of State agencies and corresponding
    agencies which cooperate with the Secretary of Health, Education,
    and Welfare in carrying out the purposes of chapter 4 of title 29,
    except to the extent that the Secretary of Labor provides for
    furnishing these services under section 8103 of this title. The
    cost of providing these services to individuals undergoing
    vocational rehabilitation under this section shall be paid from the
    Employees' Compensation Fund. However, in reimbursing a State or
    corresponding agency under an arrangement pursuant to this section
    the cost to the agency reimbursable in full under section 32(b)(1)
    of title 29 is excluded.
      (b) Notwithstanding section 8106, individuals directed to undergo
    vocational rehabilitation by the Secretary shall, while undergoing
    such rehabilitation, receive compensation at the rate provided in
    sections 8105 and 8110 of this title, less the amount of any
    earnings received from remunerative employment, other than
    employment undertaken pursuant to such rehabilitation.



    Sec. 8105. Total disability


    Sec. 8106. Partial disability

      (a) If the disability is partial, the United States shall pay the
    employee during the disability monthly monetary compensation equal
    to 66 2/3  percent of the difference between his monthly pay and
    his monthly wage-earning capacity after the beginning of the
    partial disability, which is known as his basic compensation for
    partial disability.
      (b) The Secretary of Labor may require a partially disabled
    employee to report his earnings from employment or self-employment,
    by affidavit or otherwise, in the manner and at the times the
    Secretary specifies. The employee shall include in the affidavit or
    report the value of housing, board, lodging, and other advantages
    which are part of his earnings in employment or self-employment and
    which can be estimated in money. An employee who - 
        (1) fails to make an affidavit or report when required; or
        (2) knowingly omit or understates any part of his earnings;

    forfeits his right to compensation with respect to any period for
    which the affidavit or report was required. Compensation forfeited
    under this subsection, if already paid, shall be recovered by a
    deduction from the compensation payable to the employee or
    otherwise recovered under section 8129 of this title, unless
    recovery is waived under that section.
      (c) A partially disabled employee who - 
        (1) refuses to seek suitable work; or
        (2) refuses or neglects to work after suitable work is offered
      to, procured by, or secured for him;
    is not entitled to compensation.


    SUBCHAPTER I - GENERALLY

    Sec. 8107. Compensation schedule

      (a) If there is permanent disability involving the loss, or loss
    of use, of a member or function of the body or involving
    disfigurement, the employee is entitled to basic compensation for
    the disability, as provided by the schedule in subsection (c) of
    this section, at the rate of 66 2/3  percent of his monthly pay.
    The basic compensation is - 
        (1) payable regardless of whether the cause of the disability
      originates in a part of the body other than that member;
        (2) payable regardless of whether the disability also involves
      another impairment of the body; and
        (3) in addition to compensation for temporary total or
      temporary partial disability.

      (b) With respect to any period after payments under subsection
    (a) of this section have ended, an employee is entitled to
    compensation as provided by - 
        (1) section 8105 of this title if the disability is total; or
        (2) section 8106 of this title if the disability is partial.

      (c) The compensation schedule is as follows:
        (1) Arm lost, 312 weeks' compensation.
        (2) Leg lost, 288 weeks' compensation.
        (3) Hand lost, 244 weeks' compensation.
        (4) Foot lost, 205 weeks' compensation.
        (5) Eye lost, 160 weeks' compensation.
        (6) Thumb lost, 75 weeks' compensation.
        (7) First finger lost, 46 weeks' compensation.
        (8) Great toe lost, 38 weeks' compensation.
        (9) Second finger lost, 30 weeks' compensation.
        (10) Third finger lost, 25 weeks' compensation.
        (11) Toe other than great toe lost, 16 weeks' compensation.
        (12) Fourth finger lost, 15 weeks' compensation.
        (13) Loss of hearing - 
          (A) complete loss of hearing of one ear, 52 weeks'
        compensation; or
          (B) complete loss of hearing of both ears, 200 weeks'
        compensation.

        (14) Compensation for loss of binocular vision or for loss of
      80 percent or more of the vision of an eye is the same as for
      loss of the eye.
        (15) Compensation for loss of more than one phalanx of a digit
      is the same as for loss of the entire digit. Compensation for
      loss of the first phalanx is one-half of the compensation for
      loss of the entire digit.
        (16) If, in the case of an arm or a leg, the member is
      amputated above the wrist or ankle, compensation is the same as
      for loss of the arm or leg, respectively.
        (17) Compensation for loss of use of two or more digits, or one
      or more phalanges of each of two or more digits, of a hand or
      foot, is proportioned to the loss of use of the hand or foot
      occasioned thereby.
        (18) Compensation for permanent total loss of use of a member
      is the same as for loss of the member.
        (19) Compensation for permanent partial loss of use of a member
      may be for proportionate loss of use of the member. The degree of
      loss of vision or hearing under this schedule is determined
      without regard to correction.
        (20) In case of loss of use of more than one member or parts of
      more than one member as enumerated by this schedule, the
      compensation is for loss of use of each member or part thereof,
      and the awards run consecutively. However, when the injury
      affects only two or more digits of the same hand or foot,
      paragraph (17) of this subsection applies, and when partial
      bilateral loss of hearing is involved, compensation is computed
      on the loss as affecting both ears.
        (21) For serious disfigurement of the face, head, or neck of a
      character likely to handicap an individual in securing or
      maintaining employment, proper and equitable compensation not to
      exceed $3,500 shall be awarded in addition to any other
      compensation payable under this schedule.
        (22) For permanent loss or loss of use of any other important
      external or internal organ of the body as determined by the
      Secretary, proper and equitable compensation not to exceed 312
      weeks' compensation for each organ so determined shall be paid in
      addition to any other compensation payable under this schedule.


    Sec. 8108. Reduction of compensation for subsequent injury to same
      member

      The period of compensation payable under the schedule in section
    8107(c) of this title is reduced by the period of compensation paid
    or payable under the schedule for an earlier injury if - 
        (1) compensation in both cases is for disability of the same
      member or function or different parts of the same member or
      function or for disfigurement; and
        (2) the Secretary of Labor finds that compensation payable for
      the later disability in whole or in part would duplicate the
      compensation payable for the preexisting disability.

    In such a case, compensation for disability continuing after the
    scheduled period starts on expiration of that period as reduced
    under this section.



    Sec. 8109. Beneficiaries of awards unpaid at death; order of
      precedence

      (a) If an individual - 
        (1) has sustained disability compensable under section 8107(a)
      of this title;
        (2) has filed a valid claim in his lifetime; and
        (3) dies from a cause other than the injury before the end of
      the period specified by the schedule;

    the compensation specified by the schedule that is unpaid at his
    death, whether or not accrued or due at his death, shall be paid - 
        (A) under an award made before or after the death;
        (B) for the period specified by the schedule;
        (C) to and for the benefit of the persons then in being within
      the classes and proportions and on the conditions specified by
      this section; and
        (D) in the following order of precedence:
          (i) If there is no child, to the widow or widower.
          (ii) If there are both a widow or widower and a child or
        children, one-half to the widow or widower and one-half to the
        child or children.
          (iii) If there is no widow or widower, to the child or
        children.
          (iv) If there is no survivor in the above classes, to the
        parent or parents wholly or partly dependent for support on the
        decedent, or to other wholly dependent relatives listed by
        section 8133(a)(5) of this title, or to both in proportions
        provided by regulation.
          (v) If there is no survivor in the above classes and no
        burial allowance is payable under section 8134 of this title,
        an amount not exceeding that which would be expendable under
        section 8134 of this title if applicable shall be paid to
        reimburse a person equitably entitled thereto to the extent and
        in the proportion that he has paid the burial expenses, but a
        compensated insurer or other person obligated by law or
        contract to pay the burial expenses or a State or political
        subdivision or entity is deemed not equitably entitled.

      (b) Payments under subsection (a) of this section, except for an
    amount payable for a period preceding the death of the individual,
    are at the basic rate of compensation for permanent disability
    specified by section 8107(a) of this title even if at the time of
    death the individual was entitled to the augmented rate specified
    by section 8110 of this title.
      (c) A surviving beneficiary under subsection (a) of this section,
    except one under subsection (a)(D)(v), does not have a vested right
    to payment and must be alive to receive payment.
      (d) A beneficiary under subsection (a) of this section, except
    one under subsection (a)(D)(v), ceases to be entitled to payment on
    the happening of an event which would terminate his right to
    compensation for death under section 8133 of this title. When that
    entitlement ceases, compensation remaining unpaid under subsection
    (a) of this section is payable to the surviving beneficiary in
    accordance with subsection (a) of this section.


    Sec. 8110. Augmented compensation for dependents

      (a) For the purpose of this section, "dependent" means - 
        (1) a wife, if - 
          (A) she is member of the same household as the employee;
          (B) she is receiving regular contributions from the employee
        for her support; or
          (C) the employee has been ordered by a court to contribute to
        her support;

        (2) a husband, if - 
          (A) he is a member of the same household as the employee; or
          (B) he is receiving regular contributions from the employee
        for his support; or
          (C) the employee has been ordered by a court to contribute to
        his support;

        (3) an unmarried child, while living with the employee or
      receiving regular contributions from the employee toward his
      support, and who is - 
          (A) under 18 years of age; or
          (B) over 18 years of age and incapable of self-support
        because of physical or mental disability; and
        (4) a parent, while wholly dependent on and supported by the
      employee.

    Notwithstanding paragraph (3) of this subsection, compensation
    payable for a child that would otherwise end because the child has
    reached 18 years of age shall continue if he is a student as
    defined by section 8101 of this title at the time he reaches 18
    years of age for so long as he continues to be such a student or
    until he marries.
      (b) A disabled employee with one or more dependents is entitled
    to have his basic compensation for disability augmented - 
        (1) at the rate of 8 1/3  percent of his monthly pay if that
      compensation is payable under section 8105 or 8107(a) of this
      title; and
        (2) at the rate of 8 1/3  percent of the difference between his
      monthly pay and his monthly wage-earning capacity if that
      compensation is payable under section 8106(a) of this title.


    Sec. 8111. Additional compensation for services of attendants or
      vocational rehabilitation

      (a) The Secretary of Labor may pay an employee who has been
    awarded compensation an additional sum of not more than $1,500 a
    month, as the Secretary considers necessary, when the Secretary
    finds that the service of an attendant is necessary constantly
    because the employee is totally blind, or has lost the use of both
    hands or both feet, or is paralyzed and unable to walk, or because
    of other disability resulting from the injury making him so
    helpless as to require constant attendance.
      (b) The Secretary may pay an individual undergoing vocational
    rehabilitation under section 8104 of this title additional
    compensation necessary for his maintenance, but not to exceed $200
    a month.


    Sec. 8112. Maximum and minimum monthly payments

      (a) Except as provided by section 8138 of this title, the monthly
    rate of compensation for disability, including augmented
    compensation under section 8110 of this title but not including
    additional compensation under section 8111 of this title, may not
    be more than 75 percent of the monthly pay of the maximum rate of
    basic pay for GS-15, and in case of total disability may not be
    less than 75 percent of the monthly pay of the minimum rate of
    basic pay for GS-2 or the amount of the monthly pay of the
    employee, whichever is less.
      (b) The provisions of subsection (a) shall not apply to any
    employee whose disability is a result of an assault which occurs
    during an assassination or attempted assassination of a Federal
    official described under section 351(a) or 1751(a) of title 18, and
    was sustained in the performance of duty.


    Sec. 8113. Increase or decrease of basic compensation

      (a) If an individual - 
        (1) was a minor or employed in a learner's capacity at the time
      of injury; and
        (2) was not physically or mentally handicapped before the
      injury;

    the Secretary of Labor, on review under section 8128 of this title
    after the time the wage-earning capacity of the individual would
    probably have increased but for the injury, shall recompute
    prospectively the monetary compensation payable for disability on
    the basis of an assumed monthly pay corresponding to the probable
    increased wage-earning capacity.
      (b) If an individual without good cause fails to apply for and
    undergo vocational rehabilitation when so directed under section
    8104 of this title, the Secretary, on review under section 8128 of
    this title and after finding that in the absence of the failure the
    wage-earning capacity of the individual would probably have
    substantially increased, may reduce prospectively the monetary
    compensation of the individual in accordance with what would
    probably have been his wage-earning capacity in the absence of the
    failure, until the individual in good faith complies with the
    direction of the Secretary.


    Sec. 8114. Computation of pay

      (a) For the purpose of this section - 
        (1) "overtime pay" means pay for hours of service in excess of
      a statutory or other basic workweek or other basic unit of
      worktime, as observed by the employing establishment; and
        (2) "year" means a period of 12 calendar months, or the
      equivalent thereof as specified by regulations prescribed by the
      Secretary of Labor.

      (b) In computing monetary compensation for disability or death on
    the basis of monthly pay, that pay is determined under this
    section.
      (c) The monthly pay at the time of injury is deemed one-twelfth
    of the average annual earnings of the employee at that time. When
    compensation is paid on a weekly basis, the weekly equivalent of
    the monthly pay is deemed one-fifty-second of the average annual
    earnings. However, for so much of a period of total disability as
    does not exceed 90 calendar days from the date of the beginning of
    compensable disability, the compensation, in the discretion of the
    Secretary of Labor, may be computed on the basis of the actual
    daily wage of the employee at the time of injury in which event he
    may be paid compensation for the days he would have worked but for
    the injury.
      (d) Average annual earnings are determined as follows:
        (1) If the employee worked in the employment in which he was
      employed at the time of his injury during substantially the whole
      year immediately preceding the injury and the employment was in a
      position for which an annual rate of pay - 
          (A) was fixed, the average annual earnings are the annual
        rate of pay; or
          (B) was not fixed, the average annual earnings are the
        product obtained by multiplying his daily wage for the
        particular employment, or the average thereof if the daily wage
        has fluctuated, by 300 if he was employed on the basis of a
        6-day workweek, 280 if employed on the basis of a 5 1/2 -day
        week, and 260 if employed on the basis of a 5-day week.

        (2) If the employee did not work in employment in which he was
      employed at the time of his injury during substantially the whole
      year immediately preceding the injury, but the position was one
      which would have afforded employment for substantially a whole
      year, the average annual earnings are a sum equal to the average
      annual earnings of an employee of the same class working
      substantially the whole immediately preceding year in the same or
      similar employment by the United States in the same or
      neighboring place, as determined under paragraph (1) of this
      subsection.
        (3) If either of the foregoing methods of determining the
      average annual earnings cannot be applied reasonably and fairly,
      the average annual earnings are a sum that reasonably represents
      the annual earning capacity of the injured employee in the
      employment in which he was working at the time of the injury
      having regard to the previous earnings of the employee in Federal
      employment, and of other employees of the United States in the
      same or most similar class working in the same or most similar
      employment in the same or neighboring location, other previous
      employment of the employee, or other relevant factors. However,
      the average annual earnings may not be less than 150 times the
      average daily wage the employee earned in the employment during
      the days employed within 1 year immediately preceding his injury.
        (4) If the employee served without pay or at nominal pay,
      paragraphs (1), (2), and (3) of this subsection apply as far as
      practicable, but the average annual earnings of the employee may
      not exceed the minimum rate of basic pay for GS-15. If the
      average annual earnings cannot be determined reasonably and
      fairly in the manner otherwise provided by this section, the
      average annual earnings shall be determined at the reasonable
      value of the service performed but not in excess of $3,600 a
      year.

      (e) The value of subsistence and quarters, and of any other form
    of remuneration in kind for services if its value can be estimated
    in money, and premium pay under section 5545(c)(1) of this title
    are included as part of the pay, but account is not taken of - 
        (1) overtime pay;
        (2) additional pay or allowance authorized outside the United
      States because of differential in cost of living or other special
      circumstances; or
        (3) bonus or premium pay for extraordinary service including
      bonus or pay for particularly hazardous service in time of war.


    Sec. 8115. Determination of wage-earning capacity

      (a) In determining compensation for partial disability, except
    permanent partial disability compensable under sections 8107-8109
    of this title, the wage-earning capacity of an employee is
    determined by his actual earnings if his actual earnings fairly and
    reasonably represent his wage-earning capacity. If the actual
    earnings of the employee do not fairly and reasonably represent his
    wage-earning capacity or if the employee has no actual earnings,
    his wage-earning capacity as appears reasonable under the
    circumstances is determined with due regard to - 
        (1) the nature of his injury;
        (2) the degree of physical impairment;
        (3) his usual employment;
        (4) his age;
        (5) his qualifications for other employment;
        (6) the availability of suitable employment; and
        (7) other factors or circumstances which may affect his
      wage-earning capacity in his disabled condition.

      (b) Section 8114(d) of this title is applicable in determining
    the wage-earning capacity of an employee after the beginning of
    partial disability.


    Sec. 8116. Limitations on right to receive compensation

      (a) While an employee is receiving compensation under this
    subchapter, or if he has been paid a lump sum in commutation of
    installment payments until the expiration of the period during
    which the installment payments would have continued, he may not
    receive salary, pay, or remuneration of any type from the United
    States, except - 
        (1) in return for service actually performed;
        (2) pension for service in the Army, Navy, or Air Force;
        (3) other benefits administered by the Department of Veterans
      Affairs unless such benefits are payable for the same injury or
      the same death; and
        (4) retired pay, retirement pay, retainer pay, or equivalent
      pay for service in the Armed Forces or other uniformed services.

    However, eligibility for or receipt of benefits under subchapter
    III of chapter 83 of this title, or another retirement system for
    employees of the Government, does not impair the right of the
    employee to compensation for scheduled disabilities specified by
    section 8107(c) of this title.
      (b) An individual entitled to benefits under this subchapter
    because of his injury, or because of the death of an employee, who
    also is entitled to receive from the United States under a
    provision of statute other than this subchapter payments or
    benefits for that injury or death (except proceeds of an insurance
    policy), because of service by him (or in the case of death, by the
    deceased) as an employee or in the armed forces, shall elect which
    benefits he will receive. The individual shall make the election
    within 1 year after the injury or death or within a further time
    allowed for good cause by the Secretary of Labor. The election when
    made is irrevocable, except as otherwise provided by statute.
      (c) The liability of the United States or an instrumentality
    thereof under this subchapter or any extension thereof with respect
    to the injury or death of an employee is exclusive and instead of
    all other liability of the United States or the instrumentality to
    the employee, his legal representative, spouse, dependents, next of
    kin, and any other person otherwise entitled to recover damages
    from the United States or the instrumentality because of the injury
    or death in a direct judicial proceeding, in a civil action, or in
    admiralty, or by an administrative or judicial proceeding under a
    workmen's compensation statute or under a Federal tort liability
    statute. However, this subsection does not apply to a master or a
    member of a crew of a vessel.
      (d) Notwithstanding the other provisions of this section, an
    individual receiving benefits for disability or death under this
    subchapter who is also receiving benefits under subchapter III of
    chapter 84 of this title or benefits under title II of the Social
    Security Act shall be entitled to all such benefits, except that - 
        (1) benefits received under section 223 of the Social Security
      Act (on account of disability) shall be subject to reduction on
      account of benefits paid under this subchapter pursuant to the
      provisions of section 224 of the Social Security Act; and
        (2) in the case of benefits received on account of age or death
      under title II of the Social Security Act, compensation payable
      under this subchapter based on the Federal service of an employee
      shall be reduced by the amount of any such social security
      benefits payable that are attributable to Federal service of that
      employee covered by chapter 84 of this title. However,
      eligibility for or receipt of benefits under chapter 84 of this
      title, or benefits under title II of the Social Security Act by
      virtue of service covered by chapter 84 of this title, does not
      affect the right of the employee to compensation for scheduled
      disabilities specified by section 8107(c) of this title.


    Sec. 8117. Time of accrual of right


    Sec. 8118. Continuation of pay; election to use annual or sick
      leave

      (a) The United States shall authorize the continuation of pay of
    an employee, as defined in section 8101(1) of this title (other
    than those referred to in clause (B) or (E), who has filed a claim
    for a period of wage loss due to a traumatic injury with his
    immediate superior on a form approved by the Secretary of Labor
    within the time specified in section 8122(a)(2) of this title.
      (b) Continuation of pay under this subchapter shall be furnished
    - 
        (1) without a break in time unless controverted under
      regulations of the Secretary;
        (2) for a period not to exceed 45 days; and
        (3) under accounting procedures and such other regulations as
      the Secretary may require.

      (c) An employee may use annual or sick leave to his credit at the
    time the disability begins, but his compensation for disability
    does not begin, and the time periods specified by section 8117 of
    this title do not begin to run, until termination of pay as set
    forth in subsections (a) and (b) or the use of annual or sick leave
    ends.
      (d) If a claim under subsection (a) is denied by the Secretary,
    payments under this section shall, at the option of the employee,
    be charged to sick or annual leave or shall be deemed overpayments
    of pay within the meaning of section 5584 of title 5, United States
    Code.
      (e) Payments under this section shall not be considered as
    compensation as defined by section 8101(12) of this title.


    Sec. 8119. Notice of injury or death

      An employee injured in the performance of his duty, or someone on
    his behalf, shall give notice thereof. Notice of a death believed
    to be related to the employment shall be given by an eligible
    beneficiary specified in section 8133 of this title, or someone on
    his behalf. A notice of injury or death shall - 
        (a) be given within 30 days after the injury or death;
        (b) be given to the immediate superior of the employee by
      personal delivery or by depositing it in the mail properly
      stamped and addressed;
        (c) be in writing;
        (d) state the name and address of the employee;
        (e) state the year, month, day, and hour when and the
      particular locality where the injury or death occurred;
        (f) state the cause and nature of the injury, or, in the case
      of death, the employment factors believed to be the cause; and
        (g) be signed by and contain the address of the individual
      giving the notice.


    Sec. 8120. Report of injury

      Immediately after an injury to an employee which results in his
    death or probable disability, his immediate superior shall report
    to the Secretary of Labor. The Secretary may - 
        (1) prescribe the information that the report shall contain;
        (2) require the immediate superior to make supplemental
      reports; and
        (3) obtain such additional reports and information from
      employees as are agreed on by the Secretary and the head of the
      employing agency.


    Sec. 8121. Claim

      Compensation under this subchapter may be allowed only if an
    individual or someone on his behalf makes claim therefor. The claim
    shall - 
        (1) be made in writing within the time specified by section
      8122 of this title;
        (2) be delivered to the office of the Secretary of Labor or to
      an individual whom the Secretary may designate by regulation, or
      deposited in the mail properly stamped and addressed to the
      Secretary or his designee;
        (3) be on a form approved by the Secretary;
        (4) contain all information required by the Secretary;
        (5) be sworn to by the individual entitled to compensation or
      someone on his behalf; and
        (6) except in case of death, be accompanied by a certificate of
      the physician of the employee stating the nature of the injury
      and the nature and probable extent of the disability.

    The Secretary may waive paragraphs (3)-(6) of this section for
    reasonable cause shown.


    Sec. 8122. Time for making claim

      (a) An original claim for compensation for disability or death
    must be filed within 3 years after the injury or death.
    Compensation for disability or death, including medical care in
    disability cases, may not be allowed if claim is not filed within
    that time unless - 
        (1) the immediate superior had actual knowledge of the injury
      or death within 30 days. The knowledge must be such to put the
      immediate superior reasonably on notice of an on-the-job injury
      or death; or
        (2) written notice of injury or death as specified in section
      8119 of this title was given within 30 days.

      (b) In a case of latent disability, the time for filing claim
    does not begin to run until the employee has a compensable
    disability and is aware, or by the exercise of reasonable diligence
    should have been aware, of the causal relationship of the
    compensable disability to his employment. In such a case, the time
    for giving notice of injury begins to run when the employee is
    aware, or by the exercise of reasonable diligence should have been
    aware, that his condition is causally related to his employment,
    whether or not there is a compensable disability.
      (c) The timely filing of a disability claim because of injury
    will satisfy the time requirements for a death claim based on the
    same injury.
      (d) The time limitations in subsections (a) and (b) of this
    section do not - 
        (1) begin to run against a minor until he reaches 21 years of
      age or has had a legal representative appointed; or
        (2) run against an incompetent individual while he is
      incompetent and has no duly appointed legal representative; or
        (3) run against any individual whose failure to comply is
      excused by the Secretary on the ground that such notice could not
      be given because of exceptional circumstances.


    Sec. 8123. Physical examinations

      (a) An employee shall submit to examination by a medical officer
    of the United States, or by a physician designated or approved by
    the Secretary of Labor, after the injury and as frequently and at
    the times and places as may be reasonably required. The employee
    may have a physician designated and paid by him present to
    participate in the examination. If there is disagreement between
    the physician making the examination for the United States and the
    physician of the employee, the Secretary shall appoint a third
    physician who shall make an examination.
      (b) An employee is entitled to be paid expenses incident to an
    examination required by the Secretary which in the opinion of the
    Secretary are necessary and reasonable, including transportation
    and loss of wages incurred in order to be examined. The expenses,
    when authorized or approved by the Secretary, are paid from the
    Employees' Compensation Fund.
      (c) The Secretary shall fix the fees for examinations held under
    this section by physicians not employed by or under contract to the
    United States to furnish medical services to employees. The fees,
    when authorized or approved by the Secretary, are paid from the
    Employees' Compensation Fund.
      (d) If an employee refuses to submit to or obstructs an
    examination, his right to compensation under this subchapter is
    suspended until the refusal or obstruction stops. Compensation is
    not payable while a refusal or obstruction continues, and the
    period of the refusal or obstruction is deducted from the period
    for which compensation is payable to the employee.


    Sec. 8124. Findings and award; hearings

      (a) The Secretary of Labor shall determine and make a finding of
    facts and make an award for or against payment of compensation
    under this subchapter after - 
        (1) considering the claim presented by the beneficiary and the
      report furnished by the immediate superior; and
        (2) completing such investigation as he considers necessary.

      (b)(1) Before review under section 8128(a) of this title, a
    claimant for compensation not satisfied with a decision of the
    Secretary under subsection (a) of this section is entitled, on
    request made within 30 days after the date of the issuance of the
    decision, to a hearing on his claim before a representative of the
    Secretary. At the hearing, the claimant is entitled to present
    evidence in further support of his claim. Within 30 days after the
    hearing ends, the Secretary shall notify the claimant in writing of
    his further decision and any modifications of the award he may make
    and of the basis of his decision.
      (2) In conducting the hearing, the representative of the
    Secretary is not bound by common law or statutory rules of
    evidence, by technical or formal rules of procedure, or by section
    554 of this title except as provided by this subchapter, but may
    conduct the hearing in such manner as to best ascertain the rights
    of the claimant. For this purpose, he shall receive such relevant
    evidence as the claimant adduces and such other evidence as he
    determines necessary or useful in evaluating the claim.


    Sec. 8125. Misbehavior at proceedings

      If an individual - 
        (1) disobeys or resists a lawful order or process in
      proceedings under this subchapter before the Secretary of Labor
      or his representative; or
        (2) misbehaves during a hearing or so near the place of hearing
      as to obstruct it;

    the Secretary or his representative shall certify the facts to the
    district court having jurisdiction in the place where he is
    sitting. The court, in a summary manner, shall hear the evidence as
    to the acts complained of and if the evidence warrants, punish the
    individual in the same manner and to the same extent as for a
    contempt committed before the court, or commit the individual on
    the same conditions as if the forbidden act had occurred with
    reference to the process of or in the presence of the court.


    Sec. 8126. Subpenas; oaths; examination of witnesses

      The Secretary of Labor, on any matter within his jurisdiction
    under this subchapter, may - 
        (1) issue subpenas for and compel the attendance of witnesses
      within a radius of 100 miles;
        (2) administer oaths;
        (3) examine witnesses; and
        (4) require the production of books, papers, documents, and
      other evidence.


    Sec. 8127. Representation; attorneys' fees

      (a) A claimant may authorize an individual to represent him in
    any proceeding under this subchapter before the Secretary of Labor.
      (b) A claim for legal or other services furnished in respect to a
    case, claim, or award for compensation under this subchapter is
    valid only if approved by the Secretary.


    Sec. 8128. Review of award

      (a) The Secretary of Labor may review an award for or against
    payment of compensation at any time on his own motion or on
    application. The Secretary, in accordance with the facts found on
    review, may - 
        (1) end, decrease, or increase the compensation previously
      awarded; or
        (2) award compensation previously refused or discontinued.

      (b) The action of the Secretary or his designee in allowing or
    denying a payment under this subchapter is - 
        (1) final and conclusive for all purposes and with respect to
      all questions of law and fact; and
        (2) not subject to review by another official of the United
      States or by a court by mandamus or otherwise.

    Credit shall be allowed in the accounts of a certifying or
    disbursing official for payment in accordance with that action.


    Sec. 8129. Recovery of overpayments

      (a) When an overpayment has been made to an individual under this
    subchapter because of an error of fact or law, adjustment shall be
    made under regulations prescribed by the Secretary of Labor by
    decreasing later payments to which the individual is entitled. If
    the individual dies before the adjustment is completed, adjustment
    shall be made by decreasing later benefits payable under this
    subchapter with respect to the individual's death.
      (b) Adjustment or recovery by the United States may not be made
    when incorrect payment has been made to an individual who is
    without fault and when adjustment or recovery would defeat the
    purpose of this subchapter or would be against equity and good
    conscience.
      (c) A certifying or disbursing official is not liable for an
    amount certified or paid by him when - 
        (1) adjustment or recovery of the amount is waived under
      subsection (b) of this section; or
        (2) adjustment under subsection (a) of this section is not
      completed before the death of all individuals against whose
      benefits deductions are authorized.


    Sec. 8130. Assignment of claim

      An assignment of a claim for compensation under this subchapter
    is void. Compensation and claims for compensation are exempt from
    claims of creditors.


    Sec. 8131. Subrogation of the United States

      (a) If an injury or death for which compensation is payable under
    this subchapter is caused under circumstances creating a legal
    liability on a person other than the United States to pay damages,
    the Secretary of Labor may require the beneficiary to - 
        (1) assign to the United States any right of action he may have
      to enforce the liability or any right he may have to share in
      money or other property received in satisfaction of that
      liability; or
        (2) prosecute the action in his own name.

    An employee required to appear as a party or witness in the
    prosecution of such an action is in an active duty status while so
    engaged.
      (b) A beneficiary who refuses to assign or prosecute an action in
    his own name when required by the Secretary is not entitled to
    compensation under this subchapter.
      (c) The Secretary may prosecute or compromise a cause of action
    assigned to the United States. When the Secretary realizes on the
    cause of action, he shall deduct therefrom and place to the credit
    of the Employees' Compensation Fund the amount of compensation
    already paid to the beneficiary and the expense of realization or
    collection. Any surplus shall be paid to the beneficiary and
    credited on future payments of compensation payable for the same
    injury. However, the beneficiary is entitled to not less than
    one-fifth of the net amount of a settlement or recovery remaining
    after the expenses thereof have been deducted.
      (d) If an injury or death for which compensation is payable under
    this subchapter is caused under circumstances creating a legal
    liability in the Panama Canal Company to pay damages under the law
    of a State, a territory or possession of the United States, the
    District of Columbia, or a foreign country, compensation is not
    payable until the individual entitled to compensation - 
        (1) releases to the Panama Canal Company any right of action he
      may have to enforce the liability of the Panama Canal Company; or
        (2) assigns to the United States any right he may have to share
      in money or other property received in satisfaction of the
      liability of the Panama Canal Company.


    Sec. 8132. Adjustment after recovery from a third person

      If an injury or death for which compensation is payable under
    this subchapter is caused under circumstances creating a legal
    liability in a person other than the United States to pay damages,
    and a beneficiary entitled to compensation from the United States
    for that injury or death receives money or other property in
    satisfaction of that liability as the result of suit or settlement
    by him or in his behalf, the beneficiary, after deducting therefrom
    the costs of suit and a reasonable attorney's fee, shall refund to
    the United States the amount of compensation paid by the United
    States and credit any surplus on future payments of compensation
    payable to him for the same injury. No court, insurer, attorney, or
    other person shall pay or distribute to the beneficiary or his
    designee the proceeds of such suit or settlement without first
    satisfying or assuring satisfaction of the interest of the United
    States. The amount refunded to the United States shall be credited
    to the Employees' Compensation Fund. If compensation has not been
    paid to the beneficiary, he shall credit the money or property on
    compensation payable to him by the United States for the same
    injury. However, the beneficiary is entitled to retain, as a
    minimum, at least one-fifth of the net amount of the money or other
    property remaining after the expenses of a suit or settlement have
    been deducted; and in addition to this minimum and at the time of
    distribution, an amount equivalent to a reasonable attorney's fee
    proportionate to the refund to the United States.


    Sec. 8133. Compensation in case of death

      (a) If death results from an injury sustained in the performance
    of duty, the United States shall pay a monthly compensation equal
    to a percentage of the monthly pay of the deceased employee in
    accordance with the following schedule:
        (1) To the widow or widower, if there is no child, 50 percent.
        (2) To the widow or widower, if there is a child, 45 percent
      and in addition 15 percent for each child not to exceed a total
      of 75 percent for the widow or widower and children.
        (3) To the children, if there is no widow or widower, 40
      percent for one child and 15 percent additional for each
      additional child not to exceed a total of 75 percent, divided
      among the children share and share alike.
        (4) To the parents, if there is no widow, widower, or child, as
      follows - 
          (A) 25 percent if one parent was wholly dependent on the
        employee at the time of death and the other was not dependent
        to any extent;
          (B) 20 percent to each if both were wholly dependent; or
          (C) a proportionate amount in the discretion of the Secretary
        of Labor if one or both were partly dependent.

      If there is a widow, widower, or child, so much of the
      percentages are payable as, when added to the total percentages
      payable to the widow, widower, and children, will not exceed a
      total of 75 percent.
        (5) To the brothers, sisters, grandparents, and grandchildren,
      if there is no widow, widower, child, or dependent parent, as
      follows - 
          (A) 20 percent if one was wholly dependent on the employee at
        the time of death;
          (B) 30 percent if more than one was wholly dependent, divided
        among the dependents share and share alike; or
          (C) 10 percent if no one is wholly dependent but one or more
        is partly dependent, divided among the dependents share and
        share alike.

      If there is a widow, widower, child, or dependent parent, so much
      of the percentages are payable as, when added to the total
      percentages payable to the widow, widower, children, and
      dependent parents, will not exceed a total of 75 percent.

      (b) The compensation payable under subsection (a) of this section
    is paid from the time of death until - 
        (1) a widow, or widower dies or remarries before reaching age
      55;
        (2) a child, a brother, a sister, or a grandchild dies,
      marries, or becomes 18 years of age, or if over age 18 and
      incapable of self-support becomes capable of self-support; or
        (3) a parent or grandparent dies, marries, or ceases to be
      dependent.

    Notwithstanding paragraph (2) of this subsection, compensation
    payable to or for a child, a brother or sister, or grandchild that
    would otherwise end because the child, brother or sister, or
    grandchild has reached 18 years of age shall continue if he is a
    student as defined by section 8101 of this title at the time he
    reaches 18 years of age for so long as he continues to be such a
    student or until he marries. A widow or widower who has
    entitlements to benefits under this title derived from more than
    one husband or wife shall elect one entitlement to be utilized.
      (c) On the cessation of compensation under this section to or on
    account of an individual, the compensation of the remaining
    individuals entitled to compensation for the unexpired part of the
    period during which their compensation is payable, is that which
    they would have received if they had been the only individuals
    entitled to compensation at the time of the death of the employee.
      (d) When there are two or more classes of individuals entitled to
    compensation under this section and the apportionment of
    compensation under this section would result in injustice, the
    Secretary may modify the apportionment to meet the requirements of
    the case.
      (e) In computing compensation under this section, the monthly pay
    is deemed not less than the minimum rate of basic pay for GS-2.
    However, the total monthly compensation may not exceed - 
        (1) the monthly pay computed under section 8114 of this title,
      except for increases authorized by section 8146a of this title;
      or
        (2) 75 percent of the monthly pay of the maximum rate of basic
      pay for GS-15.

      (f) Notwithstanding any funeral and burial expenses paid under
    section 8134, there shall be paid a sum of $200 to the personal
    representative of a deceased employee within the meaning of section
    8101(1) of this title for reimbursement of the costs of termination
    of the decedent's status as an employee of the United States.


    Sec. 8134. Funeral expenses; transportation of body

      (a) If death results from an injury sustained in the performance
    of duty, the United States shall pay, to the personal
    representative of the deceased or otherwise, funeral and burial
    expenses not to exceed $800, in the discretion of the Secretary of
    Labor.
      (b) The body of an employee whose home is in the United States,
    in the discretion of the Secretary, may be embalmed and transported
    in a hermetically sealed casket to his home or last place of
    residence at the expense of the Employees' Compensation Fund if - 
        (1) the employee dies from - 
          (A) the injury while away from his home or official station
        or outside the United States; or
          (B) from other causes while away from his home or official
        station for the purpose of receiving medical or other services,
        appliances, supplies, or examination under this subchapter; and

        (2) the relatives of the employee request the return of his
      body.

    If the relatives do not request the return of the body of the
    employee, the Secretary may provide for its disposition and incur
    and pay from the Employees' Compensation Fund the necessary and
    reasonable transportation, funeral, and burial expenses.


    Sec. 8135. Lump-sum payment


      (a) The liability of the United States for compensation to a
    beneficiary in the case of death or of permanent total or permanent
    partial disability may be discharged by a lump-sum payment equal to
    the present value of all future payments of compensation computed
    at 4 percent true discount compounded annually if - 
        (1) the monthly payment to the beneficiary is less than $50 a
      month;
        (2) the beneficiary is or is about to become a nonresident of
      the United States; or
        (3) the Secretary of Labor determines that it is for the best
      interest of the beneficiary.

    The probability of the death of the beneficiary before the
    expiration of the period during which he is entitled to
    compensation shall be determined according to the most current
    United States Life Tables, as developed by the United States
    Department of Health, Education, and Welfare, which shall be
    updated from time to time, but the lump-sum payment to a widow or
    widower of the deceased employee may not exceed 60 months'
    compensation. The probability of the happening of any other
    contingency affecting the amount or duration of compensation shall
    be disregarded.
      (b) On remarriage before reaching age 55 a widow or widower
    entitled to compensation under section 8133 of this title, shall be
    paid a lump sum equal to twenty-four times the monthly compensation
    payment (excluding compensation on account of another individual)
    to which he was entitled immediately before the remarriage.


    Sec. 8136. Initial payments outside the United States


      If an employee is injured outside the continental United States,
    the Secretary of Labor may arrange and provide for initial payment
    of compensation and initial furnishing of other benefits under this
    subchapter by an employee or agent of the United States designated
    by the Secretary for that purpose in the locality in which the
    employee was employed or the injury incurred.


    Sec. 8137. Compensation for noncitizens and nonresidents


      (a) When the Secretary of Labor finds that the amount of
    compensation payable to an employee who is neither a citizen nor
    resident of the United States or Canada, or payable to a dependent
    of such an employee, is substantially disproportionate to
    compensation for disability or death payable in similar cases under
    local statute, regulations, custom, or otherwise at the place
    outside the continental United States or Canada where the employee
    is working at the time of injury, he may provide for payment of
    compensation on a basis reasonably in accord with prevailing local
    payments in similar cases by - 
        (1) the adoption or adaption of the substantive features, by a
      schedule or otherwise, of local workmen's compensation provisions
      or other local statute, regulation, or custom applicable in cases
      of personal injury or death; or
        (2) establishing special schedules of compensation for injury,
      death, and loss of use of members and functions of the body for
      specific classes of employees, areas, and places.

    Irrespective of the basis adopted, the Secretary may at any time - 
        (A) modify or limit the maximum monthly and total aggregate
      payments for injury, death, and medical or other benefits;
        (B) modify or limit the percentages of the wage of the employee
      payable as compensation for the injury or death; and
        (C) modify, limit, or redesignate the class or classes of
      beneficiaries entitled to death benefits, including the
      designation of persons, representatives, or groups entitled to
      payment under local statute or custom whether or not included in
      the classes of beneficiaries otherwise specified by this
      subchapter.

      (b) In a case under this section, the Secretary or his designee
    may - 
        (1) make a lump-sum award in the manner prescribed by section
      8135 of this title when he or his designee considers it to be for
      the best interest of the United States; and
        (2) compromise and pay a claim for benefits, including a claim
      in which there is a dispute as to jurisdiction or other fact or a
      question of law.

    Compensation paid under this subsection is instead of all other
    compensation from the United States for the same injury or death,
    and a payment made under this subsection is deemed compensation
    under this subchapter and is satisfaction of all liability of the
    United States in respect to the particular injury or death.
      (c) The Secretary may delegate to an employee or agency of the
    United States, with such limitations and right of review as he
    considers advisable, authority to process, adjudicate, commute by
    lump-sum award, compromise, and pay a claim or class of claims for
    compensation, and to provide other benefits, locally, under this
    section, in accordance with such regulations and instructions as
    the Secretary considers necessary. For this purpose, the Secretary
    may provide or transfer funds, including reimbursement of amounts
    paid under this subchapter.
      (d) The Secretary may waive the application of this subchapter in
    whole or in part and for such period or periods as he may fix if he
    finds that - 
        (1) conditions prevent the establishment of facilities for
      processing and adjudicating claims under this section; or
        (2) claimants under this section are alien enemies.

      (e) The Secretary may apply this section retrospectively with
    adjustment of compensation and benefits as he considers necessary
    and proper.



    Sec. 8138. Minimum limit modification for noncitizens and aliens


      (a) Except as provided by subsection (b) of this section, the
    minimum limit on monthly compensation for disability under section
    8112 of this title and the minimum limit on monthly pay on which
    death compensation is computed under section 8133 of this title do
    not apply in the case of a noncitizen employee, or a class or
    classes of noncitizen employees, who sustain injury outside the
    continental United States. The Secretary of Labor may establish a
    minimum monthly pay on which death compensation is computed in the
    case of a class or classes of such noncitizen employees.
      (b) The President may remove or modify the minimum limit on
    monthly compensation for disability under section 8112 of this
    title and the minimum limit on monthly pay on which death
    compensation is computed under section 8133 of this title in the
    case of an alien employee, or a class or classes of alien
    employees, of the Canal Zone Government or the Panama Canal
    Company.

    Sec. 8139. Employees of the District of Columbia


      Compensation awarded to an employee of the government of the
    District of Columbia shall be paid in the manner provided by
    statute for the payment of the general expenses of the government
    of the District of Columbia.


    Sec. 8140. Members of the Reserve Officers' Training Corps


      (a) Subject to the provisions of this section, this subchapter
    applies to a member of, or applicant for membership in, the Reserve
    Officers' Training Corps of the Army, Navy, or Air Force who
    suffers an injury, disability, or death incurred, or an illness
    contracted, in line of duty - 
        (1) while engaged in a flight or in flight instruction under
      chapter 103 of title 10; or
        (2) during the period of the member's attendance at training or
      a practice cruise under chapter 103 of title 10, United States
      Code, beginning when the authorized travel to the training or
      practice cruise begins and ending when authorized travel from the
      training or practice cruise ends.

      (b) For the purpose of this section, an injury, disability,
    death, or illness of a member referred to in subsection (a) may be
    considered as incurred or contracted in line of duty only if the
    injury, disability, or death is incurred, or the illness is
    contracted, by the member during a period described in that
    subsection. Subject to review by the Secretary of Labor, the
    Secretary of the military department concerned (under regulations
    prescribed by that Secretary), shall determine whether an injury,
    disability, or death was incurred, or an illness was contracted, by
    a member in line of duty.
      (c) In computing the compensation payable under this section, the
    monthly pay received by the injured or deceased individual, in cash
    and kind, is deemed $150.
      (d) The Secretary of the military department concerned shall
    cooperate fully with the Department of Labor in the prompt
    investigation and prosecution of a case involving the legal
    liability of a third party other than the United States.
      (e) An individual may not receive disability benefits under this
    section while on active duty with the armed forces, but these
    benefits may be reinstated when the individual is released from
    that active duty.
      (f) Expenses incurred by a military department in providing
    hospitalization, medical and surgical care, necessary
    transportation incident to that hospitalization or medical and
    surgical care, or in connection with a funeral and burial on behalf
    of an individual covered by subsection (a) of this section shall be
    reimbursed by the Secretary of Labor from the Employees'
    Compensation Fund in accordance with this subchapter. However,
    reimbursement may not be made for hospitalization or medical or
    surgical care provided an individual by a military department in a
    facility of a military department.
      (g) For purposes of this section, the term "applicant for
    membership" includes a student enrolled, during a semester or other
    enrollment term, in a course which is part of Reserve Officers'
    Training Corps instruction at an educational institution.


    Sec. 8141. Civil Air Patrol volunteers


      (a) Subject to the provisions of this section, this subchapter
    applies to a volunteer civilian member of the Civil Air Patrol,
    except a Civil Air Patrol Cadet under 18 years of age.
      (b) In administering this subchapter for a member of the Civil
    Air Patrol covered by this section - 
        (1) the monthly pay of a member is deemed the rate of basic pay
      payable for step 1 of grade GS-9 in the General Schedule under
      section 5332 of this title for the purpose of computing
      compensation for disability or death;
        (2) the percentages applicable to payments under section 8133
      of this title are - 
          (A) 45 percent for section 8133(a)(2) of this title, if the
        member dies fully or currently insured under subchapter II of
        chapter 7 of title 42, with no additional payments for a child
        or children while the widow or widower remains eligible for
        payments under section 8133(a)(2) of this title;
          (B) 20 percent for section 8133(a)(3) of this title for one
        child and 10 percent additional for each additional child, but
        not to exceed a total of 75 percent, if the member died fully
        or currently insured under subchapter II of chapter 7 of title
        42; and
          (C) 25 percent for section 8133(a)(4) of this title, if one
        parent was wholly dependent on the deceased member at the time
        of his death and the other was not dependent to any extent; 16
        percent to each, if both were wholly dependent; and if one was
        or both were partly dependent, a proportionate amount in the
        discretion of the Secretary of Labor;

        (3) a payment may not be made under section 8133(a)(5) of this
      title;
        (4) "performance of duty" means only active service, and travel
      to and from that service, rendered in performance or support of
      operational missions of the Civil Air Patrol under direction of
      the Department of the Air Force and under written authorization
      by competent authority covering a specific assignment and
      prescribing a time limit for the assignment; and
        (5) the Secretary of Labor or his designee shall inform the
      Commissioner of Social Security when a claim is filed and
      eligibility for compensation is established under section
      8133(a)(2) or (3) of this title, and the Commissioner of Social
      Security shall certify to the Secretary of Labor as to whether or
      not the member concerned was fully or currently insured under
      subchapter II of chapter 7 of title 42 at the time of his death.

      (c) The Secretary of Labor or his designee may inform the
    Secretary of the Air Force or his designee when a claim is filed.
    The Secretary of the Air Force, on request of the Secretary of
    Labor, shall advise him of the facts concerning the injury and
    whether or not the member was rendering service, or engaged in
    travel to or from service, in performance or support of an
    operational mission of the Civil Air Patrol at the time of injury.
    This subsection does not dispense with the report of the immediate
    superior of the member required by section 8120 of this title, or
    other reports agreed on under that section.


    Sec. 8142. Peace Corps volunteers


      (a) For the purpose of this section, "volunteer" means - 
        (1) a volunteer enrolled in the Peace Corps under section 2504
      of title 22;
        (2) a volunteer leader enrolled in the Peace Corps under
      section 2505 of title 22; and
        (3) an applicant for enrollment as a volunteer or volunteer
      leader during a period of training under section 2507(a) of title
      22 before enrollment.

      (b) Subject to the provisions of this section, this subchapter
    applies to a volunteer, except that entitlement to disability
    compensation payments does not commence until the day after the
    date of termination of his service as a volunteer.
      (c) For the purpose of this subchapter - 
        (1) a volunteer is deemed receiving monthly pay at the minimum
      rate for GS-7;
        (2) a volunteer leader referred to by section 2505 of title 22,
      or a volunteer with one or more minor children as defined in
      section 2504 of title 22, is deemed receiving monthly pay at the
      minimum rate for GS-11;
        (3) an injury suffered by a volunteer when he is outside the
      several States and the District of Columbia is deemed proximately
      caused by his employment, unless the injury or disease is - 
          (A) caused by willful misconduct of the volunteer;
          (B) caused by the volunteer's intention to bring about the
        injury or death of himself or of another; or
          (C) proximately caused by the intoxication of the injured
        volunteer; and

        (4) the period of service of an individual as a volunteer
      includes - 
          (A) any period of training under section 2507(a) of title 22
        before enrollment as a volunteer; and
          (B) the period between enrollment as a volunteer and the
        termination of service as a volunteer by the President or by
        death or resignation.


    Sec. 8143. Job Corps enrollees; volunteers in service to America


      (a) Subject to the provisions of this subsection, this subchapter
    applies to an enrollee in the Job Corps, except that compensation
    for disability does not begin to accrue until the day after the
    date on which the injured enrollee is terminated. In administering
    this subchapter for an enrollee covered by this subsection - 
        (1) the monthly pay of an enrollee is deemed that received at
      the minimum rate for GS-2;
        (2) section 8113(a) of this title applies to an enrollee; and
        (3) "performance of duty" does not include an act of an
      enrollee while absent from his assigned post of duty, except
      while participating in an activity (including an activity while
      on pass or during travel to or from the post of duty) authorized
      by or under the direction and supervision of the Job Corps.

      (b) This subchapter applies to a volunteer in service to America
    who receives either a living allowance or a stipend under part A of
    subchapter VIII of chapter 34 of title 42, with respect to that
    service and training, to the same extent as enrollees of the Job
    Corps under subsection (a) of this section. However, for the
    purpose of the computation described in subsection (a)(1) of this
    section, the monthly pay of a volunteer is deemed that received at
    the minimum rate for GS-5 of the General Schedule under section
    5332 of title 5, United States Code.


    Sec. 8143a. Members of the National Teacher Corps


      Subject to the provisions of this section, this subchapter
    applies to a member of the National Teacher Corps. In administering
    this subchapter for a member covered by this section - 
        (1) "performance of duty" does not include an act of a member
      while - 
          (A) on authorized leave; or
          (B) absent from his assigned post of duty, except while
        participating in an activity authorized by or under the
        direction or supervision of the Commissioner of Education; and

        (2) In computing compensation for disability or death, the
      monthly pay of a member is deemed his actual pay or that received
      at the minimum rate for GS-6, whichever is greater.


    Sec. 8144. Student-employees


      A student-employee as defined by section 5351 of this title who
    suffers disability or death as a result of personal injury arising
    out of and in the course of training, or incurred in the
    performance of duties in connection with that training, is
    considered for the purpose of this subchapter an employee who
    incurred the injury in the performance of duty.


    Sec. 8145. Administration


      The Secretary of Labor shall administer, and decide all questions
    arising under, this subchapter. He may - 
        (1) appoint employees to administer this subchapter; and
        (2) delegate to any employee of the Department of Labor any of
      the powers conferred on him by this subchapter.


    Sec. 8146. Administration for the Panama Canal Commission and The
      Alaska Railroad


      (a) The President, from time to time, may transfer the
    administration of this subchapter - 
        (1) so far as employees of the Panama Canal Commission are
      concerned to the Commission; and
        (2) so far as employees of The Alaska Railroad are concerned to
      the general manager of The Alaska Railroad.

      (b) When administration is transferred under subsection (a) of
    this section, the expenses incident to physical examinations which
    are payable under section 8123 of this title shall be paid from
    appropriations for the Panama Canal Commission or for The Alaska
    Railroad, as the case may be, instead of from the Employees'
    Compensation Fund. The President may authorize the Panama Canal
    Commission and the general manager of The Alaska Railroad to pay
    the compensation provided by this subchapter, including medical,
    surgical, and hospital services and supplies under section 8103 of
    this title and the transportation and burial expenses under
    sections 8103 and 8134 of this title, from appropriations for the
    Panama Canal Commission and for The Alaska Railroad, and these
    appropriations shall be reimbursed for the payments by transfer of
    funds from the Employees' Compensation Fund.
      (c) The President may authorize the Panama Canal Commission to
    waive, at its discretion, the making of the claim required by
    section 8121 of this title in the case of compensation to an
    employee of the Panama Canal Commission for temporary disability,
    either total or partial.
      (d) When administration is transferred under subsection (a) of
    this section to the general manager of The Alaska Railroad, the
    Secretary of Labor is not divested of jurisdiction and a claimant
    is entitled to appeal from the decision of the general manager of
    The Alaska Railroad to the Secretary of Labor. The Secretary on
    receipt of an appeal shall, or on his own motion may, review the
    decision of the general manager of The Alaska Railroad, and in
    accordance with the facts found on review may proceed under section
    8128 of this title. The Secretary shall provide the form and manner
    of taking an appeal.
      (e) The same right of appeal exists with respect to claims filed
    by employees of the Panama Canal Commission or their dependents in
    case of death, as is provided with respect to the claims of other
    employees to whom this subchapter applies, under section 8149 of
    this title. The Employees' Compensation Appeals Board referred to
    by section 8149 of this title has jurisdiction, under regulations
    prescribed by the Secretary, over appeals relating to claims of the
    employees or their dependents.


    Sec. 8146a. Cost-of-living adjustment of compensation


      (a) Compensation payable on account of disability or death which
    occurred more than one year before March 1 of each year shall be
    annually increased on that date by the amount determined by the
    Secretary of Labor to represent the percent change in the price
    index published for December of the preceding year over the price
    index published for the December of the year prior to the preceding
    year, adjusted to the nearest one-tenth of 1 percent.
      (b) The regular periodic compensation payments after adjustment
    under this section shall be fixed at the nearest dollar. However,
    the regular periodic compensation after adjustment shall reflect an
    increase of at least $1.
      (c) This section shall be applicable to persons excluded by
    section 15 of the Federal Employees' Compensation Act Amendments of
    1966 (Public Law 89-488) under the following statutes: Act of
    February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat.
    2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942
    (56 Stat. 710); Public Law 84-955 (August 3, 1956); Public Law
    77-784 (December 2, 1942); Public Law 84-879 (August 1, 1956);
    Public Law 80-896 (July 3, 1948); Act of September 8, 1959 (73
    Stat. 469). Benefit payments to these persons shall initially be
    increased by the total percentage of the increases in the price
    index from the base month of July 1966, to the next most recent
    base month following the effective date of this subsection.


    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.


    Sec. 8148. Forfeiture of benefits by convicted felons


      (a) Any individual convicted of a violation of section 1920 of
    title 18, or any other Federal or State criminal statute relating
    to fraud in the application for or receipt of any benefit under
    this subchapter or subchapter III of this chapter, shall forfeit
    (as of the date of such conviction) any entitlement to any benefit
    such individual would otherwise be entitled to under this
    subchapter or subchapter III for any injury occurring on or before
    the date of such conviction. Such forfeiture shall be in addition
    to any action the Secretary may take under section 8106 or 8129.
      (b)(1) Notwithstanding any other provision of this chapter
    (except as provided under paragraph (3)), no benefits under this
    subchapter or subchapter III of this chapter shall be paid or
    provided to any individual during any period during which such
    individual is confined in a jail, prison, or other penal
    institution or correctional facility, pursuant to that individual's
    conviction of an offense that constituted a felony under applicable
    law.
      (2) Such individual shall not be entitled to receive the benefits
    forfeited during the period of incarceration under paragraph (1),
    after such period of incarceration ends.
      (3) If an individual has one or more dependents as defined under
    section 8110(a), the Secretary of Labor may, during the period of
    incarceration, pay to such dependents a percentage of the benefits
    that would have been payable to such individual computed according
    to the percentages set forth in section 8133(a)(1) through (5).
      (c) Notwithstanding the provision of section 552a of this title,
    or any other provision of Federal or State law, any agency of the
    United States Government or of any State (or political subdivision
    thereof) shall make available to the Secretary of Labor, upon
    written request, the names and Social Security account numbers of
    individuals who are confined in a jail, prison, or other penal
    institution or correctional facility under the jurisdiction of such
    agency, pursuant to such individuals' conviction of an offense that
    constituted a felony under applicable law, which the Secretary of
    Labor may require to carry out the provisions of this section.


    Sec. 8149. Regulations


      The Secretary of Labor may prescribe rules and regulations
    necessary for the administration and enforcement of this subchapter
    including rules and regulations for the conduct of hearings under
    section 8124 of this title. The rules and regulations shall provide
    for an Employee's Compensation Appeals Board of three individuals
    designated or appointed by the Secretary with authority to hear
    and, subject to applicable law and the rules and regulations of the
    Secretary, make final decisions on appeals taken from
    determinations and awards with respect to claims of employees. In
    adjudicating claims under section 8146 of this title, the Secretary
    may determine the nature and extent of the proof and evidence
    required to establish the right to benefits under this subchapter
    without regard to the date of injury or death for which claim is
    made.


    Sec. 8150. Effect on other statutes


      (a) This subchapter does not affect the maritime rights and
    remedies of a master or member of the crew of a vessel.
      (b) Section 8141 of this title and section 9441 of title 10 do
    not confer military or veteran status on any individual.


    Sec. 8151. Civil service retention rights


      (a) In the event the individual resumes employment with the
    Federal Government, the entire time during which the employee was
    receiving compensation under this chapter shall be credited to the
    employee for the purposes of within-grade step increases, retention
    purposes, and other rights and benefits based upon length of
    service.
      (b) Under regulations issued by the Office of Personnel
    Management - 
        (1) the department or agency which was the last employer shall
      immediately and unconditionally accord the employee, if the
      injury or disability has been overcome within one year after the
      date of commencement of compensation or from the time compensable
      disability recurs if the recurrence begins after the injured
      employee resumes regular full-time employment with the United
      States, the right to resume his former or an equivalent position,
      as well as all other attendant rights which the employee would
      have had, or acquired, in his former position had he not been
      injured or disabled, including the rights to tenure, promotion,
      and safeguards in reductions-in-force procedures, and
        (2) the department or agency which was the last employer shall,
      if the injury or disability is overcome within a period of more
      than one year after the date of commencement of compensation,
      make all reasonable efforts to place, and accord priority to
      placing, the employee in his former or equivalent position within
      such department or agency, or within any other department or
      agency.


    Sec. 8152. Annual report


      The Secretary of Labor shall, at the end of each fiscal year,
    prepare a report with respect to the administration of this
    chapter. Such report shall be submitted to Congress in accordance
    with the requirement with respect to submission under section 42 of
    the Longshore (!1) Harbor Workers' Compensation Act (33 U.S.C.
    942).



    SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES


    Sec. 8171. Compensation for work injuries; generally


      (a) The Longshore and Harbor Workers' Compensation Act (33 U.S.C.
    901 et seq.) applies with respect to disability or death resulting
    from injury, as defined by section 2(2) of such Act (33 U.S.C.
    902(2)), occurring to an employee of a nonappropriated fund
    instrumentality described by section 2105(c) of this title, or to a
    volunteer providing such an instrumentality with services accepted
    under section 1588 of title 10, who is - 
        (1) a United States citizen or a permanent resident of the
      United States or a territory or possession of the United States
      employed outside the continental United States; or
        (2) employed inside the continental United States.

    However, that part of section 3(a) of such Act (33 U.S.C. 903(a))
    which follows the second comma does not apply to such an employee.
      (b) For the purpose of this subchapter, the term "employer" in
    section 2(4) of the Longshore and Harbor Workers' Compensation Act
    (33 U.S.C. 902(4)) includes the nonappropriated fund
    instrumentalities described by section 2105(c) of this title.
      (c) The Secretary of Labor may - 
        (1) extend compensation districts established under section
      39(b) of the Longshore and Harbor Workers' Compensation Act (33
      U.S.C. 939(b)), or establish new districts to include the areas
      outside the continental United States; and
        (2) assign to each district one or more deputy commissioners as
      the Secretary considers advisable.

      (d) Judicial proceedings under sections 18 and 21 of the
    Longshore and Harbor Workers' Compensation Act (33 U.S.C. 918 and
    921) with respect to an injury or death occurring outside the
    continental United States shall be instituted in the district court
    within the territorial jurisdiction of which is located the office
    of the deputy commissioner having jurisdiction with respect to the
    injury or death.


    Sec. 8172. Employees not citizens or residents of the United States


      In case of disability or death, resulting from injury, as defined
    by section 2(2) of the Longshore and Harbor Workers' Compensation
    Act (33 U.S.C. 902(2)), occurring to an employee of a
    nonappropriated fund instrumentality described by section 2105(c)
    of this title who is - 
        (1) not a citizen or permanent resident of the United States or
      a territory or possession of the United States; and
        (2) employed outside the continental United States;

    compensation shall be provided in accordance with regulations
    prescribed by the Secretary of the military department concerned
    and approved by the Secretary of Defense or regulations prescribed
    by the Secretary of Transportation, as the case may be.


    Sec. 8173. Liability under this subchapter exclusive


      The liability of the United States or of a nonappropriated fund
    instrumentality described by section 2105(c) of this title, with
    respect to the disability or death resulting from injury, as
    defined by section 2(2) of the Longshore and Harbor Workers'
    Compensation Act (33 U.S.C. 902(2)), of an employee referred to by
    sections 8171 and 8172 of this title, shall be determined as
    provided by this subchapter. This liability is exclusive and
    instead of all other liability of the United States or the
    instrumentality to the employee, his legal representative, spouse,
    dependents, next of kin, and any other person otherwise entitled to
    recover damages from the United States or the instrumentality
    because of the disability or death in a direct judicial proceeding,
    in a civil action, or in admiralty, or by an administrative or
    judicial proceeding under a workmen's compensation statute or under
    a Federal tort liability statute.



       SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE
                               UNITED STATES


    Sec. 8191. Determination of eligibility


      The benefits of this subchapter are available as provided in this
    subchapter to eligible law enforcement officers (referred to in
    this subchapter as "eligible officers") and their survivors. For
    the purposes of this subchapter, an eligible officer is any person
    who is determined by the Secretary of Labor in his discretion to
    have been on any given occasion - 
        (1) a law enforcement officer and to have been engaged on that
      occasion in the apprehension or attempted apprehension of any
      person - 
          (A) for the commission of a crime against the United States,
        or
          (B) who at that time was sought by a law enforcement
        authority of the United States for the commission of a crime
        against the United States, or
          (C) who at that time was sought as a material witness in a
        criminal proceeding instituted by the United States; or

        (2) a law enforcement officer and to have been engaged on that
      occasion in protecting or guarding a person held for the
      commission of a crime against the United States or as a material
      witness in connection with such a crime; or
        (3) a law enforcement officer and to have been engaged on that
      occasion in the lawful prevention of, or lawful attempt to
      prevent, the commission of a crime against the United States;

    and to have been on that occasion not an employee as defined in
    section 8101(1), and to have sustained on that occasion a personal
    injury for which the United States would be required under
    subchapter I of this chapter to pay compensation if he had been on
    that occasion such an employee engaged in the performance of his
    duty. No person otherwise eligible to receive a benefit under this
    subchapter because of the disability or death of an eligible
    officer shall be barred from the receipt of such benefit because
    the person apprehended or attempted to be apprehended by such
    officer was then sought for the commission of a crime against a
    sovereignty other than the United States.

    Sec. 8192. Benefits


      (a) Benefits in Event of Injury. - The Secretary of Labor shall
    furnish to any eligible officer the benefits to which he would have
    been entitled under subchapter I of this chapter if, on the
    occasion giving rise to his eligibility, he had been an employee as
    defined in section 8101(1) engaged in the performance of his duty,
    reduced or adjusted as the Secretary of Labor in his discretion may
    deem appropriate to reflect comparable benefits, if any, received
    by the officer (or which he would have been entitled to receive but
    for this subchapter) by virtue of his actual employment on that
    occasion. When an enforcement officer has contributed to a
    disability compensation fund, the reduction of Federal benefits
    provided for in this subsection is to be limited to the amount of
    the State or local government benefits which bears the same
    proportion to the full amount of such benefits as the cost or
    contribution paid by the State or local government bears to the
    cost of disability coverage for the individual officer.
      (b) Benefits in Event of Death. - The Secretary of Labor shall
    pay to any survivor of an eligible officer the difference, as
    determined by the Secretary in his discretion, between the benefits
    to which that survivor would be entitled if the officer had been an
    employee as defined in section 8101(1) engaged in the performance
    of his duty on the occasion giving rise to his eligibility, and the
    comparable benefits, if any, received by the survivor (or which
    that survivor would have been entitled to receive but for this
    subchapter) by virtue of the officer's actual employment on that
    occasion. When an enforcement officer has contributed to a
    survivor's benefit fund, the reduction of Federal benefits provided
    for in this subsection is to be limited to the amount of the State
    or local government benefits which bears the same proportion to the
    full amount of such benefits as the cost or contribution paid by
    the State or local government bears to the cost of survivor's
    benefits coverage for the individual officer.


    Sec. 8193. Administration


      (a) Definitions and Rules of Construction. - For the purpose of
    this subchapter - 
        (1) The term "Attorney General" includes any person to whom the
      Attorney General has delegated any function pursuant to
      subsection (b) of this section.
        (2) The term "Secretary of Labor" includes any person to whom
      the Secretary of Labor has delegated any function pursuant to
      subsection (b) of this section.

      (b) Delegation. - 
        (1) The Attorney General may delegate to any division, officer,
      or employee of the Department of Justice any function conferred
      upon the Attorney General by this subchapter.
        (2) The Secretary of Labor may delegate to any bureau, officer,
      or employee of the Department of Labor any function conferred
      upon the Secretary of Labor by this subchapter.

      (c) Applications. - An application for any benefit under this
    subchapter may be made only - 
        (1) to the Secretary of Labor
        (2) by
          (A) any eligible officer or survivor of an eligible officer,
          (B) any guardian, personal representative, or other person
        legally authorized to act on behalf of an eligible officer, his
        estate, or any of his survivors, or
          (C) any association of law enforcement officers which is
        acting on behalf of an eligible officer or any of his
        survivors;

        (3) within five years after the injury or death; and
        (4) in such form as the Secretary of Labor may require.

      (d) Consultation With Attorney General and Other Agencies. - The
    Secretary of Labor may refer any application received by him
    pursuant to this subchapter to the Attorney General for his
    assistance, comments and advice as to any determination required to
    be made pursuant to paragraph (1), (2), or (3) of section 8191. To
    insure that all Federal assistance under this subchapter is carried
    out in a coordinated manner, the Secretary of Labor is authorized
    to request any Federal department or agency to supply any
    statistics, data, or any other materials he deems necessary to
    carry out his functions under this subchapter. Each such department
    or agency is authorized to cooperate with the Secretary of Labor
    and, to the extent permitted by law, to furnish such materials to
    him.
      (e) Cooperation With State Agencies. - The Secretary of Labor
    shall cooperate fully with the appropriate State and local
    officials, and shall take all other practicable measures, to assure
    that the benefits of this subchapter are made available to eligible
    officers and their survivors with a minimum of delay and
    difficulty.
      (f) Appropriations. - There are authorized to be appropriated
    such sums as may be necessary to carry out this subchapter.