5 USC 8101 - Definitions

1 See Change of Name note below.

of the Public Health Service on active duty;

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(1)–(5), (12)–(16)	5 U.S.C. 790.	Sept. 7, 1916, ch. 458, § 40, 39 Stat. 750. June 5, 1924, ch. 261, § 2, 43 Stat. 389.
		May 31, 1938, ch. 293, 52 Stat. 586.
		Apr. 11, 1940, ch. 79, § 1, 54 Stat. 105.
		July 1, 1944, ch. 373, § 605(span), 58 Stat. 712.
		Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049.
		Oct. 14, 1949, ch. 691, § 108, 63 Stat. 860.
		July 30, 1956, ch. 779, § 3(span), 70 Stat. 721.
		Aug. 1, 1956, ch. 837, § 501(e), 70 Stat. 883.
		Aug. 8, 1958, Puspan. L. 85–608, § 302, 72 Stat. 539.
		Sept. 13, 1960, Puspan. L. 86–767, § 208, 74 Stat. 908.
		Sept. 4, 1964, Puspan. L. 88–581, § 4(span), 78 Stat. 919.
	5 U.S.C. 794 (1st sentence).	July 11, 1919, ch. 7, § 11 (1st sentence), 41 Stat. 104.
	[Uncodified].	Aug. 25, 1958, Puspan. L. 85–745, § 1(span) (last sentence, as applicable to the Federal Employees’ Compensation Act), 72 Stat. 838.
(6)–(10)	5 U.S.C. 760(H).	Sept. 7, 1916, ch. 458, § 10(H), 39 Stat. 745.
		Fespan. 12, 1927, ch. 110, § 2, 44 Stat. 1087.
(11)	5 U.S.C. 760(B) (last 23 words of 1st sentence).	Sept. 7, 1916, ch. 458, § 10(B) (last 15 words of 1st sentence), 39 Stat. 744.
		Oct. 14, 1949, ch. 691, § 106(c) “(B) (last 23 words of 1st sentence)”, 63 Stat. 859.

Former section 790(a) is omitted as unnecessary in view of section 1 of title 1, United States Code.

Former section 790(c) is omitted as unnecessary as the term “commission” is not used in this subchapter.

Former section 790(i) is omitted as unnecessary as the title “Secretary of Labor” (substituted for “Federal Security Administrator” by 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271) is fully set out the first time it is used in each section.

In paragraph (1)(B), the words “to the United States” are substituted for “to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it)”.

In paragraph (1)(C), the words “subsequent to September 7, 1916” are omitted as obsolete.

In paragraph (1)(iv), the words “under sections 521–535 of title 4, District of Columbia Code” are substituted for “under the provisions of the District of Columbia Appropriation Act approved September 1, 1916”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act
Section of title 5	Source (U.S.Code)	Source (Statutes at Large)
8101(17) 8101(18) 8101(19)	5 App.: 760(M). 5 App.: 793a(c)(1). 5 App.: 793a(c)(2).	July 4, 1966, Puspan. L. 89–488, §§ 7(c), 14 “Sec. 43(c)”, 80 Stat. 254, 256.

1967 Act

8101(17)

8101(18)

8101(19)

5 App.: 760(M).

5 App.: 793a(c)(1).

5 App.: 793a(c)(2).

July 4, 1966, Puspan. L. 89–488, §§ 7(c), 14 “Sec. 43(c)”, 80 Stat. 254, 256.

Paragraph (17) is reorganized and restated for clarity and to conform to the style of title 5, United States Code. In clause (D), the words “Secretary of Labor” are substituted for “Secretary” on authority of section 40(i) of the Federal Employees’ Compensation Act.

In paragraph (19), the words “July 1966 and each later month” are substituted for “the month this section becomes effective and each month thereafter”. The words “section 8146a of this title” are substituted for “this section” to reflect the codification of section 43 in title 5.

Editorial Notes

References in Text

Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E), is set out as a note under section 102 of Title 3, The President.

Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (1)(G), is classified to section 5165f of Title 42, The Public Health and Welfare.

Amendments

2016—Par. (1)(D). Puspan. L. 114–326, § 2(span)(1)(A), struck out “and” after semicolon at end.

Par. (1)(F), (G). Puspan. L. 114–326, § 2(span)(1)(B)–(D), transferred subpar. (F) and inserted it between subpar. (E) and concluding provisions, struck out “United States Code,” after “title 28,” in subpar. (F), and added subpar. (G) after subpar. (F).

1991—Par. (20). Puspan. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1983—Par. (1)(F). Puspan. L. 97–463 substituted “grand juror;” for “grand juror and who is otherwise an employee for the purposes of this subchapter as defined by paragraph (A), (B), (C), (D), and (E) of this subsection.”

1980—Pars. (19) to (21). Puspan. L. 96–499 struck out par. (19) which defined “base month” as the month of July 1966 and each later month which was used as a basis for calculating an increase under section 8146a of this title, and redesignated pars. (20) and (21) as (19) and (20), respectively.

1974—Par. (1)(D). Puspan. L. 93–416, § 1(g), struck out “and” after the semicolon.

Par. (1)(F). Puspan. L. 93–416, § 1(a), added par. (1)(F).

Par. (2). Puspan. L. 93–416, § 1(span), expanded definition of “physician” to include podiatrists, dentists, clinical psychologists, optometrists, and chiropractors and inserted provision limiting the extent to which chiropractors are included.

Par. (3). Puspan. L. 93–416, § 1(c), included within “medical, surgical, and hospital services and supplies” those supplied by podiatrists, dentists, clinical psychologists, optometrists, and chiropractors and limited the reimbursable services of chiropractors.

Par. (5). Puspan. L. 93–416, § 1(d), added to definition of “injury” damage to or destruction of medical braces, artificial limbs, and other prosthetic devices and excepted eyeglasses and hearing aids unless damage or destruction is incidental to a personal injury requiring medical services.

Par. (11). Puspan. L. 93–416, § 1(e), substituted “the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause because of her desertion” for “one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death” as definition of “widower”.

Pars. (20), (21). Puspan. L. 93–416, § 1(f), added pars. (20) and (21).

1967—Par. (1)(iii). Puspan. L. 90–83, § 1(4), substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”. See Historical and Revision Notes under section 2101 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 1980 Amendment

Puspan. L. 96–499, title IV, § 422, Dec. 5, 1980, 94 Stat. 2608, provided that: “The amendments made by section 421 [amending this section and section 8146a of this title] shall take effect on the date of the enactment of this Act [Dec. 5, 1980] with respect to any adjustments which are to be made on or after that date; except that the period specified in such section as extending from December to December shall, with respect to the adjustment to be made on March 1, 1981, extend instead from the last month in which the price index resulted in an adjustment prior to enactment to December of 1980.”

Effective Date of 1974 Amendment

Puspan. L. 93–416, § 28(a), Sept. 7, 1974, 88 Stat. 1151, provided that: “Except as otherwise provided by this section this Act [enacting section 8151 of this title, amending this section and sections 8103, 8104, 8107, 8110, 8111, 8113, 8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135, 8142, 8143, 8146a of this title, repealing section 3315a of this title, and enacting provisions set out as notes under this section and section 8116 of this title] shall take effect on the date of enactment [Sept. 7, 1974] and be applicable to any injury or death occurring on or after such effective date [Sept. 7, 1974]. The amendments made by sections 1(span) and (c) [amending this section], 2 [amending section 8103 of this title], 3 [amending section 8104 of this title], 7(a) and (span) [amending section 8111 of this title], 8(a) [amending section 8113 of this title], 8(span) [amending section 8143 of this title], 9 [amending section 8116 of this title], 16(a) [amending section 8133 of this title], 16(span) [amending section 8135 of this title], 17 [amending section 8133 of this title], 19 [amending section 8135 of this title], 20 [amending section 8135 of this title], 21 [amending section 8146a of this title], 22 [enacting section 8151 of this title], 24 [amending section 8146a of this title], and 25 [amending section 8147 of this title], shall be applicable to cases where the injury or death occurred prior to the date of enactment [Sept. 7, 1974] but the provisions of these sections shall be applicable only to a period beginning on or after the date of enactment [Sept. 7, 1974].”

Short Title of 1990 Amendment

Puspan. L. 101–534, § 1, Nov. 7, 1990, 104 Stat. 2352, provided that: “This Act [amending section 8111 of this title and enacting provisions set out as a note under section 8111 of this title] may be cited as the ‘Attendant Allowance Adjustment Act’.”

Eligibility for Workers’ Compensation Benefits for Federal Employees Diagnosed With COVID–19

Puspan. L. 117–2, title IV, § 4016, Mar. 11, 2021, 135 Stat. 80, provided that:

“(a)In General.—Subject to subsection (c), a covered employee shall, with respect to any claim made by or on behalf of the covered employee for benefits under subchapter I of chapter 81 of title 5, United States Code, be deemed to have an injury proximately caused by exposure to the novel coronavirus arising out of the nature of the covered employee’s employment. Such covered employee, or a beneficiary of such an employee, shall be entitled to such benefits for such claim, including disability compensation, medical services, and survivor benefits.

“(span)Definitions.—In this section:

“(1)Covered employee.—

“(A)In general.—The term ‘covered employee’ means an individual—

“(i) who is an employee under section 8101(1) of title 5, United States Code, employed in the Federal service at anytime during the period beginning on January 27, 2020, and ending on January 27, 2023;

“(ii) who is diagnosed with COVID–19 during such period; and

“(iii) who, during a covered exposure period prior to such diagnosis, carries out duties that—

“(I) require contact with patients, members of the public, or co-workers; or

“(II) include a risk of exposure to the novel coronavirus.

“(B)Teleworking exception.—The term ‘covered employee’ does not include any employee otherwise covered by subparagraph (A) who is exclusively teleworking during a covered exposure period, regardless of whether such employment is full time or part time.

“(2)Covered exposure period.—The term ‘covered exposure period’ means, with respect to a diagnosis of COVID–19, the period beginning on a date to be determined by the Secretary of Labor.

“(3)Novel coronavirus.—The term ‘novel coronavirus’ means SARS–CoV–2 or another coronavirus declared to be a pandemic by public health authorities.

“(c)Limitation.—

“(1)Determinations made on or before the date of enactment.—This section shall not apply with respect to a covered employee who is determined to be entitled to benefits under subchapter I of chapter 81 of title 5, United States Code, for a claim described in subsection (a) if such determination is made on or before the date of enactment of this Act [Mar. 11, 2021].

“(2)Limitation on duration of benefits.—No funds are authorized to be appropriated to pay, and no benefits may be paid for, claims approved on the basis of subsection (a) after September 30, 2030. No administrative costs related to any such claim may be paid after such date.

“(d)Employees’ Compensation Fund.—

“(1)In general.—The costs of benefits for claims approved on the basis of subsection (a) shall not be included in the annual statement of the cost of benefits and other payments of an agency or instrumentality under section 8147(span) of title 5, United States Code.

“(2)Fair share provision.—Costs of administration for claims described in paragraph (1)—

“(A) may be paid from the Employees’ Compensation Fund; and

“(B) shall not be subject to the fair share provision in section 8147(c) of title 5, United States Code.”

Processing of Claims Filed by District of Columbia Employees

Puspan. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, provided that: “All functions of the Secretary under chapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Commissioner, effective the day after the day on which the District establishes an independent personnel system or systems.”An independent personnel system was established for the District by D.C. Law 2–139, Mar. 3, 1979, 25 DCR 5740.

Study and Report to Congress by Secretary of Labor of Provisions and Programs Under Subchapter

Puspan. L. 93–416, § 27, Sept. 7, 1974, 88 Stat. 1150, directed Secretary of Labor to conduct a study of the provisions of this subchapter and its programs which was to include: hearings, research, and other activities necessary to formulate recommendations; an examination of need for authority to increase allowances for services of attendants above the maximum fixed by section 8111 of this title in exceptional circumstances; an examination of the effectiveness of this subchapter; and recommendations as to survivor benefits; report results of the study together with his findings and recommendations not later than 12 months after Sept. 7, 1974.

Executive Documents

Transfer of Functions

Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which created National Oceanic and Atmospheric Administration in Department of Commerce and transferred personnel, property, records, and unexpended balances of funds of Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. Components of Environmental Science Services Administration thus transferred included Weather Bureau [now National Weather Service], Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Services, National Environmental Satellite Center, and ESSA Research Laboratories.

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508 of Title 20, Education.