To provide appropriate workers compensation for Federal employees.

SA 2034. Mr. AKAKA (for himself, Mr. Inouye, Mr. Harkin, Mrs. Murray,
Mr. Franken, Mr. Leahy, and Mrs. Shaheen) submitted an amendment
intended to be proposed by him 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 title III and insert the following:

TITLE III--FEDERAL EMPLOYEES' COMPENSATION ACT

SEC. 301. SHORT TITLE.

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

SEC. 302. 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. 303. 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. 304. 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

[[Page S2508]]

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. 305. 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. 306. 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. 307. 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. 308. 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. 309. 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. 310. 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. 311. EFFECTIVE DATE.

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

SEC. 312. 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 Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______