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(b) The Secretary of Labor shall carry out a safety program under section 941(b)(1) of title 33 covering the employment of each employee of an agency.

(c) The President may

(1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations representing employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and

(2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies. (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks.

(e) Each agency shall

(1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and

(2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation.

§ 7903. Protective clothing and equipment

Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, "appropriations" includes funds made available by statute under section 9104 of title 31.

§ 7904. Employee assistance programs relating to drug abuse and alcohol abuse

(a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.

(b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section.

(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.

§ 7905. Programs to encourage commuting by means other than single-occupancy motor vehicles

(a) For the purpose of this section

(1) the term "employee" means an employee as defined by section 2105 and a member of a uniformed service;

(2) the term "agency" means

(A) an Executive agency;

(B) an entity of the legislative branch; and
(C) the judicial branch;

(3) the term "entity of the legislative branch" means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Printing Office, the Library of Congress, and the Office of Technology Assessment; and

(4) the term "transit pass" means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986. (b)(1) The head of each agency may establish program to encourage employees of such agency to use means other than singleoccupancy motor vehicles to commute to or from work.

(2) A program established under this section may involve such options as

(A) transit passes (including cash reimbursements therefor, but only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the agency);

(B) furnishing space, facilities, or services to bicyclists; and (C) any non-monetary incentive which the agency head may otherwise offer under any other provision of law or other authority.

(c) The functions of an agency head under this section shall— (1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;

(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; and

(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate. (d) The President shall designate 1 or more agencies which shall

(1) prescribe guidelines for programs under this section; (2) on request, furnish information or technical advice on the design or operation of any program under this section; and (3) submit to the President and the Congress, before January 1, 1995, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report

(A) the number of agencies offering programs under this section;

(B) a brief description of each of the various programs; (C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;

(D) an assessment of any environmental or other benefits realized as a result of programs established under this section; and

(E) any other matter which may be appropriate.

Subpart G-Insurance and Annuities

CHAPTER 81-COMPENSATION FOR WORK INJURIES

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8108.

8109.

8110.

8111.

8112.

8113.

Increase or decrease of basic compensation.

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8118.

Definitions.

Compensation for disability or death of employee.

Medical services and initial medical and other benefits.

Vocational rehabilitation.

Partial disability.

Compensation schedule.

Reduction of compensation for subsequent injury to same member.
Beneficiaries of awards unpaid at death; order of precedence.

Augmented compensation for dependents.

Additional compensation for services of attendants or vocational

rehabilitation.

Maximum and minimum monthly payments.

Computation of pay.

Limitations on right to receive compensation.

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

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Compensation for noncitizens and nonresidents.

Minimum limit modification for noncitizens and aliens.

Employees of the District of Columbia.

Members of the Reserve Officers' Training Corps.

Civil Air Patrol volunteers.

Peace Corps volunteers.

Job Corps enrollees; volunteers in service to America.
Members of the National Teacher Corps.

Student-employees.

Administration.

Administration for the Panama Canal Commission and The Alaska
Railroad.

Cost-of-living adjustment of compensation.

Forfeiture of benefits by convicted felons.

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8171.

8172.

8173.

SUBCHAPTER II-EMPLOYEES OF NONAPPROPRIATED FUND

INSTRUMENTALITIES

Compensation for work injuries; generally.

Employees not citizens or residents of the United States.

Liability under this subchapter exclusive.

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

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§ 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

1

(F) 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;

1So in original. Public Law 93-416 added subparagraph (F) immediately after clause (iv), rather than after subparagraph (E).

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