5 U.S.C. § 8149 — Regulations

Page 963 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8149 § 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 sub- chapter or subchapter III for any injury occur- ring on or before the date of such conviction. Such forfeiture shall be in addition to any ac- tion the Secretary may take under section 8106 or 8129. (b)(1) Notwithstanding any other provision of this chapter (except as provided under para- graph (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 correc- tional facility, pursuant to that individual’s conviction of an offense that constituted a fel- ony under applicable law. (2) Such individual shall not be entitled to re- ceive the benefits forfeited during the period of incarceration under paragraph (1), after such pe- riod 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 bene- fits that would have been payable to such indi- vidual 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 Fed- eral 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. (Added Pub. L. 103–333, title I, § 101(a)(1), Sept. 30, 1994, 108 Stat. 2546; amended Pub. L. 105–247, § 1, Oct. 9, 1998, 112 Stat. 1863.) Editorial Notes PRIOR PROVISIONS A prior section 8148, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555, provided for a report to Congress by Sec- retary of Labor at beginning of each regular session covering work for preceding fiscal year under this sub- chapter, prior to repeal by Pub. L. 90–83, § 1(69), Sept. 11, 1967, 81 Stat. 213. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–247 substituted ‘‘or re- ceipt’’ for ‘‘a receipt’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–333, title I, § 101(c), Sept. 30, 1994, 108 Stat. 2548, provided that: ‘‘The amendments made by this section [enacting this section and amending section 1920 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [Sept. 30, 1994]. The amendments made by subsection (a) [enacting this section] shall apply to claims filed before, on, or after the date of enactment of this Act, and shall apply only to individuals convicted after such date of enactment.’’ § 8149. Regulations The Secretary of Labor may prescribe rules and regulations necessary for the administra- tion and enforcement of this subchapter includ- ing rules and regulations for the conduct of hearings under section 8124 of this title. The rules and regulations shall provide for an Em- ployees’ Compensation Appeals Board of three individuals designated or appointed by the Sec- retary with authority to hear and, subject to ap- plicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with re- spect to claims of employees. In adjudicating claims under section 8146 of this title, the Sec- retary 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 90–83, § 1(71), Sept. 11, 1967, 81 Stat. 213.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 783 (less last 9 words). Sept. 7, 1916, ch. 458, § 32 (less last 9 words), 39 Stat. 749. .................. [Uncodified]. 1946 Reorg. Plan No. 2, § 3 (2d sentence), eff. July 16, 1946, 60 Stat. 1095. .................. [Uncodified]. 1950 Reorg. Plan No. 19, § 2, eff. May 24, 1950, 64 Stat. 1272. The words ‘‘administration and’’ are added for clar- ity. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word ‘‘employees’’ is co- extensive with and substituted for ‘‘employees of the Federal Government or of the District of Columbia’’ in view of the definition of ‘‘employee’’ in section 8101. Standard changes are made to conform with the defi- nitions 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) 8149 ........... 5 App.: 783. July 4, 1966, Pub. L. 89–488, §§ 11(a), 12, 80 Stat. 255. In the first sentence, the words ‘‘section 8124 of this title’’ are substituted for ‘‘section 36’’ to reflect the codification of that section in title 5, United States Code. In the second sentence, the word ‘‘adjudicating’’ is substituted for ‘‘in the adjudication of’’. The words ‘‘section 8146 of this title’’ and ‘‘this subchapter’’ are substituted for ‘‘section 42 of this Act’’ and ‘‘this Act’’, respectively, to reflect the codification of the Federal Page 964 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8150 1 So in original. Probably should be ‘‘Longshore and’’. Employees’ Compensation Act in title 5, United States Code. Statutory Notes and Related Subsidiaries PERSONNEL NOT AFFECTED BY 1967 INCREASE Increases authorized under amendment by section 1(71) of Pub. L. 90–83 not applicable to specified per- sonnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title. § 8150. Effect on other statutes (a) This subchapter does not affect the mari- time rights and remedies of a master or member of the crew of a vessel. (b) Section 8141 of this title and section 9491 of title 10 do not confer military or veteran status on any individual. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 115–232, div. A, title VIII, § 809(c)(4), Aug. 13, 2018, 132 Stat. 1841.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 791–4(b). Oct. 14, 1949, ch. 691, § 305(b), 63 Stat. 868. (b) ............. 5 U.S.C. 803a. Aug. 3, 1956, ch. 926, § 1 ‘‘Sec. 4’’, 70 Stat. 981. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘section 9491 of title 10’’ for ‘‘section 9441 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 8151. Civil service retention rights (a) In the event the individual resumes em- ployment with the Federal Government, the en- tire time during which the employee was receiv- ing 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 uncondi- tionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensa- tion or from the time compensable disability recurs if the recurrence begins after the in- jured employee resumes regular full-time em- ployment 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 dis- abled, including the rights to tenure, pro- motion, 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 com- pensation, make all reasonable efforts to place, and accord priority to placing, the em- ployee in his former or equivalent position within such department or agency, or within any other department or agency. (Added Pub. L. 93–416, § 22, Sept. 7, 1974, 88 Stat. 1149; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) Editorial Notes AMENDMENTS 1978—Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE Section applicable to cases where injury or death oc- curred prior to Sept. 7, 1974, but only to a period begin- ning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as an Effective Date of 1974 Amend- ment note under section 8101 of this title. § 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 Work- ers’ Compensation Act (33 U.S.C. 942). (Added Pub. L. 104–66, title I, § 1102(b)(3)(A), Dec. 21, 1995, 109 Stat. 723.) Statutory Notes and Related Subsidiaries REPORT ON AFFECTED EMPLOYEES Pub. L. 117–263, div. E, title LIII, § 5305(a)(5), Dec. 23, 2022, 136 Stat. 3254, provided that: ‘‘Beginning on the date that is 1 year after the date of enactment of this Act [Dec. 23, 2022], with respect to each annual report required under section 8152 of title 5, United States Code, the Secretary [of Labor]— ‘‘(A) shall include in the report the total number of, and demographics regarding, employees in fire pro- tection activities with illnesses and diseases de- scribed in the list (as the list may be updated under this subsection [enacting section 8143b of this title and provisions set out as notes under section 8143b of this title] and the amendments made by this sub- section), as of the date on which that annual report is submitted, which shall be disaggregated by the spe- cific illness or disease for the purposes of under- standing the scope of the problem facing those em- ployees; and ‘‘(B) may—