S.Amdt. 2035

1. Strikes title III

   Strikes

   In S. 1789 · Reported to Senate

   Struck: TITLE III--FEDERAL EMPLOYEES' COMPENSATION ACT

   Struck: SEC. 301. SHORT TITLE; REFERENCES.

   Struck: (a) Short Title.--This title may be cited as the "Workers' Compensation Reform Act of 2012".

   Struck: (b) References.--Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code.

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

   Struck: (a) Conversion of Entitlement at Retirement Age.--

   Struck: (1) Definitions.--Section 8101 is amended (A) in paragraph (18), by striking "and" at the end;

   Struck: (B) in paragraph (19), by striking "and" at the end;

   Struck: (C) in paragraph (20), by striking the period at the end and inserting a semicolon; and

   Struck: (D) by adding at the end the following:

   Struck: "(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));

   Struck: "(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;

   Struck: "(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

   Struck: "(24) 'individual who has an exempt disability condition' means an individual--

   Struck: "(A) who--

   Struck: "(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

   Struck: "(ii) meets the criteria under section 8105(c);

   Struck: "(B) who, on the date of enactment of the Workers' Compensation Reform Act of 2012--

   Struck: "(i) is eligible to receive continuous periodic compensation for total disability under section 8105; and

   Struck: "(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

   Struck: "(C) who is eligible to receive continuous periodic compensation for total disability under section 8105--

   Struck: "(i) for not less than the 3-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2012; or

   Struck: "(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.".

   Struck: (2) Total disability.--Section 8105 is amended--

   Struck: (A) in subsection (a), by striking "If" and inserting "In General.--Subject to subsection (b), if";

   Struck: (B) by redesignating subsection (b) as subsection (c); and

   Struck: (C) by inserting after subsection (a) the following:

   Struck: "(b) Conversion of Entitlement at Retirement Age.--

   Struck: "(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.

   Struck: "(2) Exceptions.--

   Struck: "(A) Covered recipients who are retirement age or have an exempt disability condition.--Paragraph (1) shall not apply to a covered claim for total disability by an employee if the employee--

   Struck: "(i) on the date of enactment of the Workers' Compensation Reform Act of 2012, has attained retirement age; or

   Struck: "(ii) is an individual who has an exempt disability condition.

   Struck: "(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--

   Struck: "(i) the date on which the employee attains retirement age; and

   Struck: "(ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2012.".

   Struck: (3) Partial disability.--Section 8106 is amended--

   Struck: (A) in subsection (a), by striking "If" and inserting "In General.--Subject to subsection (b), if";

   Struck: (B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

   Struck: (C) by inserting after subsection (a) the following:

   Struck: "(b) Conversion of Entitlement at Retirement Age.--

   Struck: "(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.

   Struck: "(2) Exceptions.--

   Struck: "(A) Covered recipients who are retirement age.-- Paragraph (1) shall not apply to a covered claim for partial disability by an employee if, on the date of enactment of the Workers' Compensation Reform Act of 2012, the employee has attained retirement age.

   Struck: "(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--

   Struck: "(i) the date on which the employee attains retirement age; and

   Struck: "(ii) the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2012.".

   Struck: SEC. 303. AUGMENTED COMPENSATION FOR DEPENDENTS.

   Struck: (a) In General.--Section 8110 is amended--

   Struck: (1) by redesignating subsection (b) as subsection (c); and

   Struck: (2) by inserting after subsection (a) the following:

   Struck: "(b) Termination of Augmented Compensation.--

   Struck: "(1) In general.--Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided.

   Struck: "(2) Exceptions.--

   Struck: "(A) Total disability.--For a covered claim for total disability by an employee--

   Struck: "(i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and

   Struck: "(ii) the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2012 if the employee is not an employee described in clause (i).

   Struck: "(B) Partial disability.--For a covered claim for partial disability by an employee, the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2012.

   Struck: "(C) Permanent disability compensated by a schedule.--For a claim for a permanent disability described in section 8107(a) by an employee that commenced before the date of enactment of the Workers' Compensation Reform Act of 2012, the employee shall receive augmented compensation under subsection (c).".

   Struck: (b) Maximum and Minimum Monthly Payments.--Section 8112 is amended--

   Struck: (1) in subsection (a)--

   Struck: (A) by inserting "subsections (b) and (c) and" before "section 8138";

   Struck: (B) by striking "including augmented compensation under section 8110 of this title but"; and

   Struck: (C) by striking "75 percent" each place it appears and inserting "66\2/3\ percent";

   Struck: (2) by redesignating subsection (b) as subsection (c);

   Struck: (3) by inserting after subsection (a) the following:

   Struck: "(b) Exceptions.--

   Struck: "(1) Covered disability condition.--For a covered claim for total disability by an employee, if the employee is an individual who has an exempt disability condition--

   Struck: "(A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and

   Struck: "(B) subsection (a) shall be applied by substituting '75 percent' for '66\2/3\ percent' each place it appears.

   Struck: "(2) Partial disability.--For a covered claim for partial disability by an employee, until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2012--

   Struck: "(A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and

   Struck: "(B) subsection (a) shall be applied by substituting '75 percent' for '66\2/3\ percent' each place it appears."; and

   Struck: (4) in subsection (c), as redesignated by paragraph (2), by striking "subsection (a)" and inserting "subsections (a) and (b)".

   Struck: (c) Death Benefits Generally.--Section 8133 is amended--

   Struck: (1) in subsections (a) and (e), by striking "75 percent" each place it appears and inserting "66 \2/3\ percent (except as provided in subsection (g))"; and

   Struck: (2) by adding at the end the following:

   Struck: "(g) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2012, subsections (a) and (e) shall be applied by substituting '75 percent' for '66\2/3\ percent' each place it appears.".

   Struck: (d) Death Benefits for Civil Air Patrol Volunteers.--Section 8141 is amended--

   Struck: (1) in subsection (b)(2)(B) by striking "75 percent" and inserting "66\2/3\ percent (except as provided in subsection (c))";

   Struck: (2) by redesignating subsection (c) as subsection (d); and

   Struck: (3) by inserting after subsection (b) the following:

   Struck: "(c) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2012, subsection (b)(2)(B) shall be applied by substituting '75 percent' for '66\2/3\ percent'.".

   Struck: SEC. 304. SCHEDULE COMPENSATION PAYMENTS.

   Struck: Section 8107 is amended--

   Struck: (1) in subsection (a), by striking "at the rate of 66\2/3\ percent of his monthly pay" and inserting "at the rate specified under subsection (d)"; and

   Struck: (2) by adding at the end the following:

   Struck: "(d) Rate for Compensation.--

   Struck: "(1) Annual salary.--

   Struck: "(A) In general.--Except as provided in paragraph (2), the rate under subsection (a) shall be the rate of 66\2/3\ percent of the annual salary level established under subparagraph (B), in a lump sum equal to the present value (as calculated under subparagraph (C)) of the amount of compensation payable under the schedule.

   Struck: "(B) Establishment.--

   Struck: "(i) In general.--The Secretary of Labor shall establish an annual salary for purposes of subparagraph (A) in the amount the Secretary determines will result in the aggregate cost of payments made under this section being equal to what would have been the aggregate cost of payments under this section if the amendments made by section 304(a) of the Workers' Compensation Reform Act of 2012 had not been enacted.

   Struck: "(ii) Cost of living adjustment.--The annual salary established under clause (i) shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.

   Struck: "(C) Present value.--The Secretary of Labor shall calculate the present value for purposes of subparagraph (A) using a rate of interest equal to the average market yield for outstanding marketable obligations of the United States with a maturity of 2 years on the first business day of the month in which the compensation is paid or, in the event that such marketable obligations are not being issued on such date, at an equivalent rate selected by the Secretary of Labor, true discount compounded annually.

   Struck: "(2) Certain injuries.--For an injury that occurred before the date of enactment of the Workers' Compensation Reform Act of 2012, the rate under subsection (a) shall be 66\2/3\ percent of the employee's monthly pay.

   Struck: "(e) Simultaneous Receipt.--

   Struck: "(1) Total disability.--An employee who receives compensation for total disability under section 8105 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for total disability after the earlier of--

   Struck: "(A) the date on which the basic compensation for total disability of the employee becomes 50 percent of the monthly pay of the employee under section 8105(b); or

   Struck: "(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation.

   Struck: "(2) Partial disability.--An employee who receives benefits for partial disability under section 8106 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for partial disability after the earlier of--

   Struck: "(A) the date on which the basic compensation for partial disability of the employee becomes 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 under section 8106(b); or

   Struck: "(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation.".

   Struck: SEC. 305. VOCATIONAL REHABILITATION.

   Struck: (a) In General.--Section 8104 is amended--

   Struck: (1) in subsection (a)--

   Struck: (A) by striking "(a) The Secretary of Labor may" and all that follows through "undergo vocational rehabilitation." and inserting the following:

   Struck: "(a) In General.--

   Struck: "(1) Direction.--Except as provided in paragraph (2), not earlier than the date that is 6 months after the date on which an individual eligible for wage-loss compensation under section 8105 or 8106 is injured, or by such other date as the Secretary of Labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation, and if vocational rehabilitation may enable the individual to become capable of more gainful employment, the Secretary of Labor shall direct the individual to participate in developing a comprehensive return to work plan and to undergo vocational rehabilitation at a location a reasonable distance from the residence of the individual.";

   Struck: (B) by striking "the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29" and inserting "the Secretary of Education in carrying out the purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)";

   Struck: (C) by striking "under section 32(b)(1) of title 29" and inserting "under section 5 of the Rehabilitation Act of 1973 (29 U.S.C. 704)"; and

   Struck: (D) by adding at the end the following:

   Struck: "(2) Exception.--The Secretary of Labor may not direct an individual who has attained retirement age to participate in developing a comprehensive return to work plan or to undergo vocational rehabilitation.";

   Struck: (2) by redesignating subsection (b) as subsection (c);

   Struck: (3) by inserting after subsection (a) the following:

   Struck: "(b) Contents of Return to Work Plan.--A return to work plan developed under subsection (a)--

   Struck: "(1) shall--

   Struck: "(A) set forth specific measures designed to increase the wage-earning capacity of an individual;

   Struck: "(B) take into account the prior training and education of the individual and the training, educational, and employment opportunities reasonably available to the individual; and

   Struck: "(C) provide that any employment undertaken by the individual under the return to work plan be at a location a reasonable distance from the residence of the individual;

   Struck: "(2) may provide that the Secretary will pay out of amounts in the Employees' Compensation Fund reasonable expenses of vocational rehabilitation (which may include tuition, books, training fees, supplies, equipment, and child or dependent care) during the course of the plan; and

   Struck: "(3) may not be for a period of more than 2 years, unless the Secretary finds good cause to grant an extension, which may be for not more than 2 years.";

   Struck: (4) in subsection (c), as so redesignated--

   Struck: (A) by inserting "Compensation.--" before "Notwithstanding"; and

   Struck: (B) by striking ", other than employment undertaken pursuant to such rehabilitation"; and

   Struck: (5) by adding at the end the following:

   Struck: "(d) Assisted Reemployment Agreements.--

   Struck: "(1) In general.--The Secretary may enter into an assisted reemployment agreement with an agency or instrumentality of any branch of the Federal Government or a State or local government or a private employer that employs an individual eligible for wage-loss compensation under section 8105 or 8106 to enable the individual to return to productive employment.

   Struck: "(2) Contents.--An assisted reemployment agreement under paragraph (1)--

   Struck: "(A) may provide that the Secretary will use amounts in the Employees' Compensation Fund to reimburse an employer in an amount equal to not more than 100 percent of the compensation the individual would otherwise receive under section 8105 or 8106; and

   Struck: "(B) may not be for a period of more than 3 years.

   Struck: "(e) List.--To facilitate the hiring of individuals eligible for wage-loss compensation under section 8105 or 8106, the Secretary shall provide a list of such individuals to the Office of Personnel Management, which the Office of Personnel Management shall provide to all agencies and instrumentalities of the Federal Government.".

   Struck: (b) Employees' Compensation Fund.--Section 8147 is amended by adding at the end:

   Struck: "(d) Notwithstanding subsection (b), any benefits or other payments paid to or on behalf of an employee under this subchapter or any extension or application thereof for a recurrence of injury, consequential injury, aggravation of injury, or increase in percentage of impairment to a member for which compensation is provided under the schedule under section 8107 suffered in a permanent position with an agency or instrumentality of the United States while the employment with the agency or instrumentality is covered under an assisted reemployment agreement entered into under section 8104(d) shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection (b) if the injury was originally incurred in a position not covered by an assisted reemployment agreement.".

   Struck: (c) Termination of Vocational Rehabilitation Requirement After Retirement Age.--Section 8113(b) is amended by adding at the end the following: "An individual who has attained retirement age may not be required to undergo vocational rehabilitation.".

   Struck: (d) Mandatory Benefit Reduction for Noncompliance.--Section 8113(b) is amended by striking "may reduce" and inserting "shall reduce".

   Struck: (e) Technical and Conforming Amendments.--

   Struck: (1) In general.--Subchapter III of chapter 15 of title 31, United States Code, is amended by adding at the end the following:

   Struck: "Sec. 1538. Authorization for assisted reemployment "Funds may be transferred from the Employees' Compensation Fund established under section 8147 of title 5 to the applicable appropriations account for an agency or instrumentality of any branch of the Federal Government for the purposes of reimbursing the agency or instrumentality in accordance with an assisted reemployment agreement entered into under section 8104 of title 5.".

   Struck: (2) Table of sections.--The table of sections for chapter 15 of title 31, United States Code, is amended by inserting after the item relating to section 1537 the following:

   Struck: "1538. Authorization for assisted reemployment.".

   Struck: SEC. 306. REPORTING REQUIREMENTS.

   Struck: (a) In General.--Chapter 81 is amended by inserting after section 8106 the following:

   Struck: "Sec. 8106a. Reporting requirements

   Struck: "(a) Definition.--In this section, the term 'employee receiving compensation' means an employee who--

   Struck: "(1) is paid compensation under section 8105 or 8106; and

   Struck: "(2) has not attained retirement age.

   Struck: "(b) Authority.--The Secretary of Labor shall require an employee receiving compensation to report the earnings of the employee receiving compensation from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies.

   Struck: "(c) Contents.--An employee receiving compensation shall include in a report required under subsection (a) the value of housing, board, lodging, and other advantages which are part of the earnings of the employee receiving compensation in employment or self-employment and the value of which can be estimated.

   Struck: "(d) Failure To Report and False Reports.--

   Struck: "(1) In general.--An employee receiving compensation who fails to make an affidavit or other report required under subsection (b) or who knowingly omits or understates any part of the earnings of the employee in such an affidavit or other report shall forfeit the right to compensation with respect to any period for which the report was required.

   Struck: "(2) Forfeited compensation.--Compensation forfeited under this subsection, if already paid to the employee receiving compensation, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129, unless recovery is waived under that section.".

   Struck: (b) Technical and Conforming Amendments.--The table of sections for chapter 81 is amended by inserting after the item relating to section 8106 the following:

   Struck: "8106a. Reporting requirements.".

   Struck: SEC. 307. DISABILITY MANAGEMENT REVIEW; INDEPENDENT MEDICAL EXAMINATIONS.

   Struck: Section 8123 is amended by adding at the end the following:

   Struck: "(e) Disability Management Review.--

   Struck: "(1) Definitions.--In this subsection--

   Struck: "(A) the term 'covered employee' means an employee who is in continuous receipt of compensation for total disability under section 8105 for a period of not less than 6 months; and

   Struck: "(B) the term 'disability management review process' means the disability management review process established under paragraph (2)(A).

   Struck: "(2) Establishment.--The Secretary of Labor shall--

   Struck: "(A) establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee; and

   Struck: "(B) promulgate regulations for the administration of the disability management review process.

   Struck: "(3) Physical examinations required.--Under the disability management review process, the Secretary of Labor shall periodically require covered employees to submit to physical examinations under subsection (a) by physicians selected by the Secretary. A physician conducting a physical examination of a covered employee shall submit to the Secretary a report regarding the nature and extent of the injury to and disability of the covered employee.

   Struck: "(4) Frequency.--

   Struck: "(A) In general.--The regulations promulgated under paragraph (2)(B) shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee.

   Struck: "(B) Minimum frequency.--

   Struck: "(i) Initial.--An initial physical examination shall be conducted not more than a brief period after the date on which a covered employee has been in continuous receipt of compensation for total disability under section 8015 for 6 months.

   Struck: "(ii) Subsequent examinations.--After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years.

   Struck: "(5) Employing agency or instrumentality requests.--

   Struck: "(A) In general.--The agency or instrumentality employing an employee who has made a claim for compensation for total disability under section 8105 may at any time submit a request for the Secretary of Labor to promptly require the employee to submit to a physical examination under this subsection.

   Struck: "(B) Requesting officer.--A request under subparagraph (A) shall be made on behalf of an agency or instrumentality by--

   Struck: "(i) the head of the agency or instrumentality;

   Struck: "(ii) the Chief Human Capital Officer of the agency or instrumentality; or

   Struck: "(iii) if the agency or instrumentality does not have a Chief Human Capital Officer, an officer with responsibilities similar to those of a Chief Human Capital Officer designated by the head of the agency or instrumentality to make requests under this paragraph.

   Struck: "(C) Information.--A request under subparagraph (A) shall be in writing and accompanied by--

   Struck: "(i) a certification by the officer making the request that the officer has reviewed the relevant material in the employee's file;

   Struck: "(ii) an explanation of why the officer has determined, based on the materials in the file and other information known to the officer, that requiring a physical examination of the employee under this subsection is necessary; and

   Struck: "(iii) copies of the materials relating to the employee that are relevant to the officer's determination and request, unless the agency or instrumentality has a reasonable basis for not providing the materials.

   Struck: "(D) Examination.--If the Secretary of Labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall promptly require the physical examination of the employee. A physical examination under this subparagraph shall satisfy the requirement under paragraph (4)(B)(i) that an initial physical examination be conducted.

   Struck: "(E) After initial examination.--

   Struck: "(i) In general.--If the Secretary of Labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall--

   Struck: "(I) review the request and the information, explanation, and other materials submitted with the request; and

   Struck: "(II) determine whether to require the physical examination of the employee who is the subject of the request.

   Struck: "(ii) Not granted.--If the Secretary determines not to grant a request described in clause (i), the Secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied.".

   Struck: SEC. 308. WAITING PERIOD.

   Struck: (a) In General.--Section 8117 is amended--

   Struck: (1) in the section heading, by striking "Time of accrual of right" and inserting "Waiting period";

   Struck: (2) in subsection (a)--

   Struck: (A) in the matter preceding paragraph (1), by striking "An employee" and all that follows through "is not entitled" and inserting "In General.--An employee is not entitled to continuation of pay within the meaning of section 8118 for the first 3 days of temporary disability or, if section 8118 does not apply, is not entitled";

   Struck: (B) in paragraph (1), by adding "or" at the end;

   Struck: (C) by striking paragraph (2); and

   Struck: (D) by redesignating paragraph (3) as paragraph (2); and

   Struck: (3) in subsection (b)--

   Struck: (A) by striking "A Postal Service" the first place it appears and all that follows through "A Postal Service" the second place it appears and inserting "Use of Leave.--An";

   Struck: (B) by striking "that 3-day period" and inserting "the first 3 days of temporary disability"; and

   Struck: (C) by striking "or is followed by permanent disability".

   Struck: (b) Continuation of Pay.--Section 8118 is amended--

   Struck: (1) in the section heading, by striking "; election to use annual or sick leave";

   Struck: (2) in subsection (b)(1), by striking "section 8117(b)" and inserting "section 8117";

   Struck: (3) by striking subsection (c); and

   Struck: (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

   Struck: (c) Technical and Conforming Amendments.--The table of sections for chapter 81 is amended by striking the items relating to sections 8117 and 8118 and inserting the following:

   Struck: "8117. Waiting period. "8118. Continuation of pay.".

   Struck: SEC. 309. ELECTION OF BENEFITS.

   Struck: (a) In General.--Section 8116 is amended by adding at the end the following:

   Struck: "(e) Retirement Benefits.--

   Struck: "(1) In general.--An individual entitled to compensation benefits payable under this subchapter and under chapter 83 or 84 or any other retirement system for employees of the Government, for the same period, shall elect which benefits the individual will receive.

   Struck: "(2) Election.--

   Struck: "(A) Deadline.--An individual shall make an election under paragraph (1) in accordance with such deadlines as the Secretary of Labor shall establish, which shall be a reasonable period after the individual has received notice of a final determination that the individual is entitled to compensation benefits payable under this subchapter.

   Struck: "(B) Revocability.--An election under paragraph (1) shall be revocable, notwithstanding any other provision of law, except for any period during which an individual--

   Struck: "(i) was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph (1); and

   Struck: "(ii) was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter.

   Struck: "(3) Informed choice.--The Secretary of Labor shall provide information, and shall ensure that information is provided, to an individual described in paragraph (1) about the benefits available to the individual under this subchapter or under chapter 83 or 84 or any other retirement system referred to in paragraph (1) the individual may elect to receive.".

   Struck: (b) Technical and Conforming Amendments.--Sections 8337(f)(3) and 8464a(a)(3) are each amended by striking "Paragraphs" and inserting "Except as provided under chapter 81, paragraphs".

   Struck: SEC. 310. SANCTION FOR NONCOOPERATION WITH FIELD NURSES.

   Struck: Section 8123, as amended by section 307, is amended by adding at the end the following:

   Struck: "(f) Field Nurses.--

   Struck: "(1) Definition.--In this subsection, the term 'field nurse' means a registered nurse that assists the Secretary in the medical management of disability claims under this subchapter and provides claimants with assistance in coordinating medical care.

   Struck: "(2) Authorization.--The Secretary may use field nurses to coordinate medical services and vocational rehabilitation programs for injured employees under this subchapter. If an employee refuses to cooperate with a field nurse or obstructs a field nurse in the performance of duties under this subchapter, the right to compensation under this subchapter shall be suspended until the refusal or obstruction stops.".

   Struck: SEC. 311. SUBROGATION OF CONTINUATION OF PAY.

   Struck: (a) In General.--Section 8131 is amended--

   Struck: (1) in subsection (a), in the matter preceding paragraph (1), by inserting "continuation of pay or" before "compensation";

   Struck: (2) in subsection (b), by inserting "continuation of pay or" before "compensation"; and

   Struck: (3) in subsection (c)--

   Struck: (A) by inserting "continuation of pay or" before "compensation already paid"; and

   Struck: (B) by inserting "continuation of pay or" before "compensation payable".

   Struck: (b) Adjustment After Recovery From a Third Person.--Section 8132 is amended--

   Struck: (1) in the first sentence--

   Struck: (A) by inserting "continuation of pay or" before "compensation is payable";

   Struck: (B) by inserting "continuation of pay or" before "compensation from the United States";

   Struck: (C) by striking "by him or in his behalf" and inserting "by the beneficiary or on behalf of the beneficiary";

   Struck: (D) by inserting "continuation of pay and" before "compensation paid by the United States"; and

   Struck: (E) by striking "compensation payable to him" and inserting "continuation of pay or compensation payable to the beneficiary";

   Struck: (2) in the second sentence, by striking "his designee" and inserting "the designee of the beneficiary"; and

   Struck: (3) in the fourth sentence, by striking "If compensation" and all that follows through "payable to him by the United States" and inserting "If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the United States".

   Struck: SEC. 312. INTEGRITY AND COMPLIANCE.

   Struck: (a) In General.--Subchapter I of chapter 81 is amended by adding at the end the following:

   Struck: "Sec. 8153. Integrity and Compliance Program

   Struck: "(a) Definitions.--In this section--

   Struck: "(1) the term 'FECA program' means the Federal Employees Compensation Program administered under this subchapter;

   Struck: "(2) the term 'Integrity and Compliance Program' means the Integrity and Compliance Program established under subsection (b);

   Struck: "(3) the term 'provider' means a provider of medical or other services under the FECA program; and

   Struck: "(4) the term 'Secretary' means the Secretary of Labor.

   Struck: "(b) Integrity and Compliance Program.--Not later than 270 days after the date of enactment of this section, the Secretary shall establish an Integrity and Compliance Program for the purpose of preventing, identifying, and recovering improper payments (including improper payments obtained by fraud) for the FECA program, which shall include--

   Struck: "(1) procedures for identifying potentially improper payments (including improper payments obtained by fraud) before payment is made to claimants and providers, including, where appropriate, predictive analytics;

   Struck: "(2) reviews after payment is made to identify potentially improper payments (including improper payments obtained by fraud) to claimants and providers;

   Struck: "(3) on-going screening and verification procedures to ensure the continued eligibility of medical providers to provide services under the FECA program, including licensure, Federal disbarment, and the existence of relevant criminal convictions;

   Struck: "(4) provision of appropriate information, education, and training to claimants and providers on requirements to ensure the integrity of the FECA program, including payments under the FECA program;

   Struck: "(5) appropriate controls and audits to ensure that providers adopt internal controls and procedures for compliance with requirements under the FECA program;

   Struck: "(6) procedures to ensure--

   Struck: "(A) initial and continuing eligibility of claimants for compensation, benefits, or services under the FECA program; and

   Struck: "(B) ongoing verification of databases of information relating to claimants to ensure accuracy and completeness; and

   Struck: "(7) appropriately sharing and accessing data and information with other agencies and instrumentalities of the United States, including the United States Postal Service.

   Struck: "(c) Interagency Cooperation on Anti-fraud Efforts.--

   Struck: "(1) In general.--In administering the FECA program, including the Integrity and Compliance Program, the Secretary shall cooperate with other agencies and instrumentalities of the United States (including the United States Postal Service) and the Inspectors General of such agencies and instrumentalities to prevent, identify, and recover improper payments (including improper payments obtained by fraud) under the FECA program.

   Struck: "(2) Task force.--

   Struck: "(A) In general.--There is established a task force, which shall be known as the FECA Integrity and Compliance Task Force (in this paragraph referred to as the 'Task Force').

   Struck: "(B) Membership.--The members of the Task Force shall be--

   Struck: "(i) the Secretary, who shall serve as the Chairperson of the Task Force;

   Struck: "(ii) the Postmaster General, who shall serve as the Vice Chairperson of the Task Force;

   Struck: "(iii) the Attorney General;

   Struck: "(iv) the Director of the Office of Management and Budget;

   Struck: "(v) the Inspector General of the Department of Labor;

   Struck: "(vi) the Inspector General of the United States Postal Service;

   Struck: "(vii) the Inspectors General of other appropriate agencies and instrumentalities of the United States that employ a significant number of individuals receiving compensation, benefits, or services under the FECA program, as determined by the Chairperson and Vice Chairperson of the Task Force; and

   Struck: "(viii) other appropriate Federal officials, as determined by the Chairperson and Vice Chairperson of the Task Force.

   Struck: "(C) Duties.--The Task Force shall--

   Struck: "(i) set forth, in writing, a description of the respective roles and responsibilities in preventing, identifying, recovering, and prosecuting fraud under, and otherwise ensuring integrity and compliance of, the FECA program of--

   Struck: "(I) the Secretary (including subordinate officials such as the Director of the Office of Workers' Compensation Programs);

   Struck: "(II) the Inspector General of the Department of Labor;

   Struck: "(III) the Inspectors General of agencies and instrumentalities of the United States that employ claimants under the FECA program;

   Struck: "(IV) the Attorney General; and

   Struck: "(V) any other relevant officials;

   Struck: "(ii) develop procedures for sharing information of possible fraud under the FECA program or other intentional misstatements by claimants or providers under the FECA program, including procedures addressing--

   Struck: "(I) notification of appropriate officials of the Department of Labor of potential fraud or intentional misstatements, including provision of supporting information;

   Struck: "(II) timely and appropriate response by officials of the Department of Labor to notifications described in subclause (I);

   Struck: "(III) the inclusion of information and evidence relating to fraud and other intentional misstatements in criminal, civil, and administrative proceedings relating to the provision of compensation, benefits, or medical services (including payments to providers) under the FECA program;

   Struck: "(IV) the coordination of criminal investigations with the administration of the FECA program; and

   Struck: "(V) the protection of information relating to an investigation of possible fraud under the FECA program from potential disclosure, including requirements that enable investigative files to be appropriately separated from case management files;

   Struck: "(iii) not later than 1 year after the date of enactment of this section, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report that includes the description and procedures required under clauses (i) and (ii).

   Struck: "(d) Improvements to Access of Federal Databases.--

   Struck: "(1) In general.--The Secretary, the Postmaster General, the Inspector General of the United States Postal Service, and the Inspector General of the Department of Labor shall have access to and make use of the agency databases described in this subsection in order to improve compliance with the requirements under and the integrity of the FECA program.

   Struck: "(2) Social security earnings information.--

   Struck: "(A) In general.--Notwithstanding section 552a or any other provision of Federal or State law, upon written request, the Commissioner of Social Security shall make available to the Secretary, the Inspector General of the Department of Labor, the Postmaster General, and the Inspector General of the United States Postal Service the Social Security earnings information of a living or deceased employee required by the Secretary to carry out this subchapter.

   Struck: "(B) Procedures.--The Secretary shall establish procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with Social Security earnings information described in subparagraph (A).

   Struck: "(3) Office of personnel management federal retiree database.--Notwithstanding section 552a or any other provision of Federal or State law, upon written request, the Director of the Office of Personnel Management shall make available to the Secretary, the Inspector General of the Department of Labor, the Postmaster General, and the Inspector General of the United States Postal Service the information in the databases of Federal employees and retirees maintained by the Director.

   Struck: "(4) Department of veterans affairs beneficiaries database.--Notwithstanding section 552a or any other provision of Federal or State law, upon written request, the Secretary of Veterans Affairs shall make available to the Secretary, the Inspector General of the Department of Labor, the Postmaster General, and the Inspector General of the United States Postal Service the information in the database of disabled individuals maintained by the Secretary of Veterans Affairs.

   Struck: "(5) National directory of new hires.--Notwithstanding section 552a, section 453(j) of the Social Security Act (42 U.S.C. 653(j)), or any other provision of Federal or State law, upon written request, the Secretary of Health and Human Services shall make available to the Secretary, the Inspector General of the Department of Labor, the Postmaster General, the Inspector General of the United States Postal Service, and the Comptroller General of the United States the information in the National Directory of New Hires. The Comptroller General may obtain information from the National Directory of New Hires under this paragraph for any audit, evaluation, or investigation, including any audit, evaluation, or investigation relating to program integrity.

   Struck: "(6) Provision.--Information requested under this subsection shall be provided--

   Struck: "(A) in a timely manner;

   Struck: "(B) at a reasonable cost to the Secretary, the Inspector General of the Department of Labor, the Postmaster General, the Inspector General of the United States Postal Service, or the Comptroller General of the United States; and

   Struck: "(C) in the manner, frequency, and form reasonably specified by the officer making the request, which, upon request, shall include electronic form.

   Struck: "(7) Assessment of data cost-effectiveness.--

   Struck: "(A) In general.--The Secretary shall consider and assess procedures for correlating the identity and status of recipients of compensation, benefits, or services under this subchapter with information relating to employees, retirees, and individuals described in paragraphs (3), (4), and (5).

   Struck: "(B) Report.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives a report on the cost-effectiveness of the use of the databases described in paragraphs (3), (4), and (5) for program compliance and integrity. The report required under this subparagraph may be included as part of the report required under subsection (f).

   Struck: "(8) United states postal service feca enrollee database.--Not later than 180 days after the date of enactment of this section, in order to track, verify, and communicate with the Secretary and other relevant entities, the Postmaster General shall establish an electronic database of information relating to employees of the United States Postal Service who have applied for or are receiving compensation, benefits, or services under this subchapter.

   Struck: "(e) General Protocols and Security.--

   Struck: "(1) Establishment.--

   Struck: "(A) In general.--In order to ensure strong information security and privacy standards, the Secretary, the Postmaster General, the Inspector General of the Department of Labor, and the Inspector General of the United States Postal Service shall establish protocols for the secure transfer and storage of any information provided to an individual or entity under this section.

   Struck: "(B) Considerations.--In establishing protocols under subparagraph (A), the Secretary, the Postmaster General, the Inspector General of the Department of Labor, and the Inspector General of the United States Postal Service shall consider any recommendations submitted to the Secretary by the Inspector General of the Department of Health and Human Services with respect to the secure transfer and storage of information, and to comply with privacy laws and best practices.

   Struck: "(C) Fraud case protection.--The Secretary, the Postmaster General, the Inspector General of the Department of Labor, and the Inspector General of the United States Postal Service shall establish protocols and procedures to enable information and materials relating to an active investigation of possible fraud relating to the FECA program to be appropriately kept separate from the files for employees relating to the provision of compensation, benefits, or services under the FECA program.

   Struck: "(2) Compliance.--The Secretary, the Postmaster General, the Inspector General of the Department of Labor, and the Inspector General of the United States Postal Service shall ensure that any information provided to an individual or entity under this section is provided in accordance with protocols established under paragraph (1).

   Struck: "(f) Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter for 5 years, the Secretary shall submit a report on the activities of the Secretary under this section, including implementation of the Integrity and Compliance Program, to--

   Struck: "(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Struck: "(2) the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives.

   Struck: "(g) GAO Review.--The Comptroller General of the United States shall--

   Struck: "(1) conduct periodic reviews of the Integrity and Compliance Program; and

   Struck: "(2) submit reports on the results of the reviews under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Education and the Workforce of the House of Representatives not later than--

   Struck: "(A) 2 years after the date of enactment of this section; and

   Struck: "(B) 3 years after submission of the report under subparagraph (A).".

   Struck: (b) Technical and Conforming Amendment.--The table of sections for chapter 81 is amended by inserting after the item relating to section 8152 the following:

   Struck: "8153. Integrity and Compliance Program.".

   Struck: SEC. 313. AMOUNT OF COMPENSATION.

   Struck: (a) Injuries to Face, Head, and Neck.--Section 8107(c)(21) is amended--

   Struck: (1) by striking "not to exceed $3,500" and inserting "in proportion to the severity of the disfigurement, not to exceed $50,000,"; and

   Struck: (2) by adding at the end the following: "The maximum amount of compensation under this paragraph shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.".

   Struck: (b) Funeral Expenses.--Section 8134(a) is amended--

   Struck: (1) by striking "$800" and inserting "$6,000"; and

   Struck: (2) by adding at the end the following: "The maximum amount of compensation under this subsection shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.".

   Struck: (c) Application.--The amendments made by this section shall apply to injuries or deaths, respectively, occurring on or after the date of enactment of this Act.

   Struck: SEC. 314. TECHNICAL AND CONFORMING AMENDMENTS.

   Struck: Chapter 81 is amended--

   Struck: (1) in section 8101(1)(D), by inserting "for an injury that occurred before the effective date of section 204(e) of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198; 87 Stat. 783; 5 U.S.C. 8101 note)" before the semicolon;

   Struck: (2) in section 8139, by inserting "under this subchapter" after "Compensation awarded";

   Struck: (3) in section 8148(a), by striking "section 8106" and inserting "section 8106a";

   Struck: SEC. 315. REGULATIONS.

   Struck: (a) In General.--As soon as possible after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations (which may include interim final regulations) to carry out this title.

   Struck: (b) Contents.--The regulations promulgated under subsection (a) shall include, for purposes of the amendments made by sections 302 and 303, clarification of--

   Struck: (1) what is a claim; and

   Struck: (2) what is the date on which a period of disability, for which a claim is made, commences.

   Original wording

   Strike title III.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed