To improve the workers compensation provisions.

SA 2030. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill S. 1789, to improve, sustain, and transform
the United States Postal Service; which was ordered to lie on the
table; as follows:

Strike section 302 and insert the following:

SEC. 302. FEDERAL WORKERS COMPENSATION REFORMS FOR
RETIREMENT-AGE EMPLOYEES.

(a) Conversion of Entitlement at Retirement Age.--
(1) Definitions.--Section 8101 is amended--
(A) in paragraph (18), by striking ``and'' at the end;
(B) in paragraph (19), by striking ``and'' at the end;
(C) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(21) `retirement age' has the meaning given that term
under section 216(l)(1) of the Social Security Act (42 U.S.C.
416(l)(1));
``(22) `covered claim for total disability' means a claim
for a period of total disability that commenced before the
date of enactment of the Workers' Compensation Reform Act of
2012;
``(23) `covered claim for partial disability' means a claim
for a period of partial disability that commenced before the
date of enactment of the Workers' Compensation Reform Act of
2012; and
``(24) `individual who has an exempt disability condition'
means an individual--
``(A) who--
``(i) is eligible to receive continuous periodic
compensation for total disability under section 8105 on the
date of enactment of the Workers' Compensation Reform Act of
2012; and
``(ii) meets the criteria under section 8105(c);
``(B) who, on the date of enactment of the Workers'
Compensation Reform Act of 2012--
``(i) is eligible to receive continuous periodic
compensation for total disability under section 8105; and
``(ii) has sustained a currently irreversible severe mental
or physical disability for which the Secretary of Labor has
authorized, for at least the 1-year period ending on the date
of enactment of the Workers' Compensation Reform Act of 2012,
constant in-home care or custodial care, such as placement in
a nursing home; or
``(C) who is eligible to receive continuous periodic
compensation for total disability under section 8105--
``(i) for not less than the 3-year period ending on the
date of enactment of the Workers' Compensation Reform Act of
2012; or
``(ii) if the individual became eligible to receive
continuous periodic compensation for total disability under
section 8105 during the period beginning on the date that is
3 years before the date of enactment of the Workers'
Compensation Reform Act of 2012 and ending on such date of
enactment, for not less than the 3-year period beginning on
the date on which the individual became eligible.''.
(2) Total disability.--Section 8105 is amended--
(A) in subsection (a), by striking ``If'' and inserting
``In General.--Subject to subsection (b), if'';
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
``(b) Conversion of Entitlement at Retirement Age.--
``(1) In general.--Except as provided in paragraph (2), the
basic compensation for total disability for an employee who
has attained retirement age shall be 50 percent of the
monthly pay of the employee.
``(2) Exceptions.--
``(A) Covered recipients who are retirement age, have an
exempt disability condition, or face financial hardship.--
Paragraph (1) shall not apply to a covered claim for total
disability by an employee if the employee--
``(i) on the date of enactment of the Workers' Compensation
Reform Act of 2012, has attained retirement age;
``(ii) is an individual who has an exempt disability
condition; or
``(iii) is a member of a household that would meet the
income and assets requirements for eligibility for the
supplemental nutrition assistance program as described in
section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) (not including any provisions permitting eligibility
due to benefits received under any other law) if the basic
compensation for total disability of the employee were
provided in accordance with paragraph (1).
``(B) Transition period for certain employees.--For a
covered claim for total disability by an employee who is not
an employee described in subparagraph (A), the employee shall
receive the basic compensation for total disability provided
under subsection (a) until the later of--
``(i) the date on which the employee attains retirement
age; and
``(ii) the date that is 3 years after the date of enactment
of the Workers' Compensation Reform Act of 2012.''.
(3) Partial disability.--Section 8106 is amended--
(A) in subsection (a), by striking ``If'' and inserting
``In General.--Subject to subsection (b), if'';
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(C) by inserting after subsection (a) the following:
``(b) Conversion of Entitlement at Retirement Age.--
``(1) In general.--Except as provided in paragraph (2), the
basic compensation for partial disability for an employee who
has attained retirement age shall be 50 percent of the
difference between the monthly pay of the employee and the
monthly wage-earning capacity of the employee after the
beginning of the partial disability.
``(2) Exceptions.--
``(A) Covered recipients who are retirement age or face
financial hardship.--Paragraph (1) shall not apply to a
covered claim for partial disability by an employee if the
employee--
``(i) on the date of enactment of the Workers' Compensation
Reform Act of 2012, has attained retirement age; or
``(ii) is a member of a household that would meet the
income and assets requirements for eligibility for the
supplemental nutrition assistance program as described in
section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) (not including any provisions permitting eligibility
due to benefits received under any other law) if the basic
compensation for total disability of the employee were
provided in accordance with paragraph (1).
``(B) Transition period for certain employees.--For a
covered claim for partial disability by an employee who is
not an employee described in subparagraph (A), the employee
shall receive basic compensation for partial disability in
accordance with subsection (a) until the later of--
``(i) the date on which the employee attains retirement
age; and
``(ii) the date that is 3 years after the date of enactment
of the Workers' Compensation Reform Act of 2012.''.
After section 313, insert the following:

SEC. 314. TERRORISM INJURIES; ZONES OF ARMED CONFLICT.

(a) 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''.
(b) Continuation of Pay in a Zone of Armed Conflict.--
Section 8118 of title 5, United States Code, as amended by
section 308(b) of this Act, is amended--
(1) in subsection (b), by striking ``Continuation'' and
inserting ``Except as provided under subsection (d)(2),
continuation'';
(2) in subsection (c), as redesignated by section 308(b)(4)
of this Act, by striking ``subsection (a)'' and inserting
``subsection (a) or (d)'';
(3) by redesignating subsection (d), as redesignated by
section 308(b)(4) of this Act, as subsection (e); and
(4) inserting after subsection (c) the following:
``(d) 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 described in subparagraph (A), (C), (D), or (F) of
section 8101(1), who--
``(A) files a claim for a period of wage loss due to an
injury in performance of duty in a zone of armed conflict (as
determined by the Secretary of Labor under paragraph (3));
and
``(B) files the claim for such wage loss benefit with the
immediate superior of the employee not later than 45 days
after the later of--
``(i) the termination of the assignment of the employee to
the zone of armed conflict; or
``(ii) the return of the employee to the United States.
``(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
defined in section 202(a)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4302(a)(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;

[[Page S2434]]

``(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;
``(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.''.
______