1.This Act may be cited as the
Federal Workers’ Compensation
Modernization and Improvement Act
.
2.Physician
assistants and advanced practice nurses
(a)Definition of
medical servicesSection 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 BenefitsSection 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 injurySection 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)
.
3.Covering
terrorism injuriesSection 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
.
4.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.
.
5.Social Security
Earnings InformationSection 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.
.
6.Continuation of
pay in a zone of armed conflictSection 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)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)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 conflictFor
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.
.
7.Subrogation of
continuation of pay
(a)Subrogation of
the United StatesSection 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 personSection 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.
8.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.
.
9.Employees’
Compensation FundSection 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
.
10.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
.
11.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.
12.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.
Karen L. Haas,
Clerk