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(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 those
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.
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