Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	1,638	n/a	n/a
Engrossed in House	1,699	7	11%
Referred in Senate	1,701	5 Show Changes Hide Changes	2%

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HR 2465 EHRFSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2465CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend the Federal Employees’ Compensation Act.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Federal Workers’ Compensation Modernization and Improvement Act’.CommentsClose CommentsPermalink

SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES.

(a) Definition of Medical Services- Section 8101(3) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘law. Reimbursable’ and inserting ‘law (reimbursable’; andCommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink





(b) Medical Services and Other Benefits- Section 8103 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink





(2) by inserting after subsection (a), the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink

SEC. 3. COVERING TERRORISM INJURIES.

Section 8102(b) of title 5, United States Code, is amended in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(1) by inserting ‘or from an attack by a terrorist or terrorist organization, either known or unknown,’ after ‘force or individual,’; andCommentsClose CommentsPermalink





(2) by striking ‘outside’ and all that follows through ‘1979)’ and inserting ‘outside of the United States’.CommentsClose CommentsPermalink

SEC. 4. DISFIGUREMENT.

Section 8107(c)(21) of title 5, United States Code--CommentsClose CommentsPermalink





(1) by striking ‘For’ and inserting the following: ‘(A) Except as provided under subparagraph (B), for’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION.

Section 8116 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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

Section 8118 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘Continuation’ and inserting ‘Except as provided under subsection (e)(2), continuation’;CommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘subsections (a) and (b)’ and inserting ‘subsections (a) and (b) or subsection (e),’;CommentsClose CommentsPermalink





(3) in subsection (d), by striking ‘subsection (a)’ and inserting ‘subsection (a) or (e)’;CommentsClose CommentsPermalink





(4) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(5) by inserting after subsection (d) the following:CommentsClose CommentsPermalink





‘(e) Continuation of Pay in a Zone of Armed Conflict-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the Armed Forces of the United States are involved in hostilities in the country or area;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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));CommentsClose CommentsPermalink





‘(D) a contingency operation involving combat operations directly affects civilian employees in the country or area; orCommentsClose CommentsPermalink





‘(E) there exist other relevant conditions and factors.’.CommentsClose CommentsPermalink

SEC. 7. SUBROGATION OF CONTINUATION OF PAY.

(a) Subrogation of the United States- Section 8131 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘continuation of pay or’ before ‘compensation’; andCommentsClose CommentsPermalink





(2) in subsection (c), by inserting ‘continuation of pay or’ before ‘compensation already paid’.CommentsClose CommentsPermalink





(b) Adjustment After Recovery From A Third Person- Section 8132 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘continuation of pay or’ before ‘compensation’ the first, second, fourth, and fifth place it appears;CommentsClose CommentsPermalink





(2) by striking ‘in his behalf’ and inserting ‘on his behalf’; andCommentsClose CommentsPermalink





(3) by inserting ‘continuation of pay and’ before ‘compensation’ the third place it appears.CommentsClose CommentsPermalink

SEC. 8. FUNERAL EXPENSES.

Section 8134 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘If’ and inserting ‘Except as provided in subsection (b), if’;CommentsClose CommentsPermalink





(2) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 9. EMPLOYEES’ COMPENSATION FUND.

Section 8147 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘except administrative expenses’ and inserting ‘including administrative expenses’; andCommentsClose CommentsPermalink





(B) by striking the last 2 sentences; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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,CommentsClose CommentsPermalink





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

Passed the House of Representatives November 29, 2011.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

112th CONGRESS

1st Session

H. R. 2465

AN ACT

To amend the Federal Employees’ Compensation Act KAREN L. HAAS, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink