[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2465 Referred in Senate (RFS)]

112th CONGRESS
  1st Session
                                H. R. 2465


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2011

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
           To amend the Federal Employees' Compensation Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Workers' Compensation 
Modernization and Improvement Act''.

SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES.

    (a) Definition of Medical Services.--Section 8101(3) of title 5, 
United States Code, is amended--
            (1) by striking ``law. Reimbursable'' and inserting ``law 
        (reimbursable''; and
            (2) by inserting before the semicolon, the following: ``, 
        and medical services may include treatment by a physician 
        assistant or advanced practice nurse, such as a nurse 
        practitioner, within the scope of their practice as defined by 
        State law, consistent with regulations prescribed by the 
        Secretary of Labor)''.
    (b) Medical Services and Other Benefits.--Section 8103 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a), the following:
    ``(b) Medical services furnished or prescribed pursuant to 
subsection (a) may include treatment by a physician assistant or 
advanced practice nurse, such as a nurse practitioner, within the scope 
of their practice as defined by State law, consistent with regulations 
prescribed by the Secretary of Labor.''.
    (c) Certification of Traumatic Injury.--Section 8121(6) of title 5, 
United States Code, is amended by inserting before the period, the 
following: ``(except that in a case of a traumatic injury, a physician 
assistant or advanced practice nurse, such as a nurse practitioner, 
within the scope of their practice as defined by State law, may also 
provide certification of such traumatic injury and related disability 
during the continuation of pay period covered by section 8118, in a 
manner consistent with regulations prescribed by the Secretary of 
Labor)''.

SEC. 3. COVERING TERRORISM INJURIES.

    Section 8102(b) of title 5, United States Code, is amended in the 
matter preceding paragraph (1)--
            (1) by inserting ``or from an attack by a terrorist or 
        terrorist organization, either known or unknown,'' after 
        ``force or individual,''; and
            (2) by striking ``outside'' and all that follows through 
        ``1979)'' and inserting ``outside of the United States''.

SEC. 4. DISFIGUREMENT.

    Section 8107(c)(21) of title 5, United States Code--
            (1) by striking ``For'' and inserting the following: ``(A) 
        Except as provided under subparagraph (B), for''; and
            (2) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), for an injury 
        occurring during the 3-year period prior to the date of 
        enactment of the Federal Workers' Compensation Modernization 
        and Improvement Act for which the Secretary of Labor has not 
        made a compensation determination on disfigurement under 
        subparagraph (A), or for an injury occurring on or after the 
        date of enactment of such Act resulting in a serious 
        disfigurement of the face, head, or neck, proper and equitable 
        compensation in proportion to the severity of the 
        disfigurement, not to exceed $50,000, as determined by the 
        Secretary, shall be awarded in addition to any other 
        compensation payable under this schedule. The applicable 
        maximum compensation for disfigurement provided under this 
        subparagraph shall be adjusted annually on March 1 in 
        accordance with the percentage amount determined by the cost of 
        living adjustment in section 8146a.''.

SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION.

    Section 8116 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(e) Notwithstanding any other provision of law, the Secretary of 
Labor may require, as a condition of receiving any benefits under this 
subchapter, that a claimant for such benefits consent to the release by 
the Social Security Administration of the Social Security earnings 
information of such claimant.''.

SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT.

    Section 8118 of title 5, United States Code, is amended--
            (1) in subsection (b), by striking ``Continuation'' and 
        inserting ``Except as provided under subsection (e)(2), 
        continuation'';
            (2) in subsection (c), by striking ``subsections (a) and 
        (b)'' and inserting ``subsections (a) and (b) or subsection 
        (e),'';
            (3) in subsection (d), by striking ``subsection (a)'' and 
        inserting ``subsection (a) or (e)'';
            (4) by redesignating subsection (e) as subsection (f); and
            (5) by inserting after subsection (d) the following:
    ``(e) Continuation of Pay in a Zone of Armed Conflict.--
            ``(1) In general.--Notwithstanding subsection (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 subparagraph (B) or (E)), who has 
        filed a claim for a period of wage loss due to traumatic injury 
        in performance of duty in a zone of armed conflict (as so 
        determined by the Secretary of Labor under paragraph (3)), as 
        long as the employee files a claim for such wage loss benefit 
        with his immediate superior not later than 45 days following 
        termination of assignment to the zone of armed conflict or 
        return to the United States, whichever occurs later.
            ``(2) Continuation of pay.--Notwithstanding subsection (b), 
        continuation of pay under this subsection shall be furnished 
        for a period not to exceed 135 days without any break in time 
        or waiting period, unless controverted under regulations 
        prescribed by the Secretary of Labor.
            ``(3) Determination of zones of armed conflict.--For 
        purposes of this subsection, the Secretary of Labor, in 
        consultation with the Secretary of State and the Secretary of 
        Defense, shall determine whether a foreign country or other 
        foreign geographic area outside of the United States (as that 
        term is defined in section 202(7) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 4302(7))) is a zone of armed 
        conflict based on whether--
                    ``(A) the Armed Forces of the United States are 
                involved in hostilities in the country or area;
                    ``(B) the incidence of civil insurrection, civil 
                war, terrorism, or wartime conditions threatens 
                physical harm or imminent danger to the health or well-
                being of United States civilian employees in the 
                country or area;
                    ``(C) the country or area has been designated a 
                combat zone by the President under section 112(c) of 
                the Internal Revenue Code of 1986 (26 U.S.C. 112(c));
                    ``(D) a contingency operation involving combat 
                operations directly affects civilian employees in the 
                country or area; or
                    ``(E) there exist other relevant conditions and 
                factors.''.

SEC. 7. SUBROGATION OF CONTINUATION OF PAY.

    (a) Subrogation of the United States.--Section 8131 of title 5, 
United States Code, is amended--
            (1) in subsection (a), by inserting ``continuation of pay 
        or'' before ``compensation''; and
            (2) in subsection (c), by inserting ``continuation of pay 
        or'' before ``compensation already paid''.
    (b) Adjustment After Recovery From A Third Person.--Section 8132 of 
title 5, United States Code, is amended--
            (1) by inserting ``continuation of pay or'' before 
        ``compensation'' the first, second, fourth, and fifth place it 
        appears;
            (2) by striking ``in his behalf'' and inserting ``on his 
        behalf''; and
            (3) by inserting ``continuation of pay and'' before 
        ``compensation'' the third place it appears.

SEC. 8. FUNERAL EXPENSES.

    Section 8134 of title 5, United States Code, is amended--
            (1) in subsection (a), by striking ``If'' and inserting 
        ``Except as provided in subsection (b), if'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Notwithstanding subsection (a), for deaths occurring on or 
after the date of enactment of the Federal Workers' Compensation 
Modernization and Improvement Act, 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 $6,000, in the discretion of the 
Secretary of Labor. The applicable maximum compensation for burial 
expenses provided under this subsection shall be adjusted annually on 
March 1 in accordance with the percentage amount determined by the cost 
of living adjustment in section 8146a.''.

SEC. 9. EMPLOYEES' COMPENSATION FUND.

    Section 8147 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``except administrative expenses'' 
                and inserting ``including administrative expenses''; 
                and
                    (B) by striking the last 2 sentences; and
            (2) in subsection (b)--
                    (A) in the first sentence, by inserting before the 
                period ``and an estimate of a pro-rata share of the 
                amount of funds necessary to administer this subchapter 
                for the fiscal year beginning in the next calendar 
                year''; and
                    (B) in the second sentence, by striking ``costs'' 
                and inserting ``amount set out in the statement of 
                costs and administrative expenses furnished pursuant to 
                this subsection''.

SEC. 10. CONFORMING AMENDMENT.

    Section 8101(1)(D) of title 5, United States Code, is amended by 
inserting before the semicolon ``who suffered an injury on or prior to 
March 3, 1979''.

SEC. 11. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act, shall take effect 60 days after the date of enactment of this 
Act.

SEC. 12. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, 


              

provided that such statement has been submitted prior to the vote on 
passage.

            Passed the House of Representatives November 29, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.