SEC. 5. CORRECTION OF INEQUITIES IN THE FEDERAL EM-
PLOYEES’ COMPENSATION PROVISIONS OF
TITLE 5.
(a) DEFINITIONS.—Section 8101 of title 5, United
States Code, is amended—
(1) by amending paragraph (6) to read as fol-
lows:
‘‘(6) ‘surviving spouse’ means the husband or
wife living with, or dependent for support on, the de-
cedent at the time of the decedent’s death, or living
apart for reasonable cause or because of the dece-
dent’s desertion;’’;
(2) by striking out paragraphs (11) and (18);
(3) by redesignating paragraphs (12) through
(17) as paragraphs (11) through (16) respectively;
(4) by redesignating paragraphs (19) and (20)
as paragraphs (17) and (18) respectively;
(5) in paragraph (17), as redesignated, by
striking out ‘‘and’’ at the end of the paragraph;
(6) in paragraph (18), as redesignated, by
striking out the period at the end of the paragraph
and inserting in lieu thereof ‘‘; and’’; and
(7) by inserting after redesignated paragraph
(18) the following new paragraph:
‘‘(19) ‘FECA annuity’ means the adjusted com-
pensation that is paid after conversion under section
8106a of this title.’’.
(b) 
VOCATIONAL
REHABILITATION.—Section
8104(b) of title 5, United States Code, is amended by
striking out ‘‘sections 8105 and 8110’’ and inserting in
lieu thereof ‘‘section 8105’’.
(c) CONVERSION OF DISABILITY COMPENSATION.—
(1) AMENDMENT.—Subchapter I of chapter 81
of title 5, United States Code, is amended by insert-
ing after section 8106 the following new section:
‘‘§ 8106a. Conversion of disability compensation
‘‘(a) Basic compensation for total or partial disability
will be converted to an annuity under this chapter on the
date which is the earlier of—
‘‘(1) two years after the individual would, but
for the injury, have been eligible for immediate re-
tirement under chapter 83 or 84 of this title, or
after receiving basic compensation continuously for
five years, whichever is later; or
‘‘(2) the date on which the individual begins re-
ceiving any other Federal retirement benefit that is
based on age, including, but not limited to, benefits
under the Social Security Act or chapter 87 of title
5.
‘‘(b) The annuity under this chapter is 662⁄3 percent
of the basic compensation for total or partial disability,
as applicable, payable on the date of conversion.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect January 1, 1999.
(d) COMPENSATION SCHEDULE.—Section 8107 of
title 5, United States Code, is amended to read as follows:
‘‘§ 8107. Compensation schedule
‘‘(a) If an injury results in the permanent loss, or
permanent loss of use, of a member or function of the
body, or involves disfigurement, the employee is entitled
to compensation as provided by this section. The com-
pensation is—
‘‘(1) payable regardless of whether the cause of
the loss or loss of use originates in a part of the
body other than that member;
‘‘(2) payable regardless of whether the loss or
loss of use also involves another loss or loss of use
of a member or function of the body; and
‘‘(3) in addition to basic compensation for total
or partial disability under section 8105 or 8106 of
this title.
‘‘(b) The amount of compensation for any loss or loss
of use compensable under this section shall be the product
of—
‘‘(1) 662⁄3 percent of the minimum monthly rate
of basic pay for an employee of the average grade
for all employees paid under the General Schedule
established by section 5332 of this title on the date
of injury which results in the award of compensa-
tion;
‘‘(2) the value of the loss as prescribed under
subsection (c) of this section. Such amounts shall be
computed in dollar amounts and shall be reduced by
the dollar amount of any awards paid by any em-
ployer of the employee for some portion of the loss;
and
‘‘(3) the value of the loss as prescribed under
subsection (c) of this section shall be reduced by the
percentage of loss attributable to that portion of the
loss that preexisted Federal employment.
‘‘(c) The permanent loss or losses of use compensable
under this section, and the values for 100 percent loss in
each case, are as follows:
‘‘(1) Arm, 312 weeks’ compensation.
‘‘(2) Leg, 288 weeks’ compensation.
‘‘(3) Hand, 244 weeks’ compensation.
‘‘(4) Foot, 205 weeks’ compensation.
‘‘(5) Eye, 160 weeks’ compensation.
‘‘(6) Thumb, 75 weeks’ compensation.
‘‘(7) First finger, 46 weeks’ compensation.
‘‘(8) Great toe, 38 weeks’ compensation.
‘‘(9) Second finger, 30 weeks’ compensation.
‘‘(10) Third finger, 25 weeks’ compensation.
‘‘(11) Toe other than great toe, 16 weeks’ com-
pensation.
‘‘(12) Fourth finger, 15 weeks’ compensation.
‘‘(13) Breast, 52 weeks’ compensation.
‘‘(14) Kidney, 156 weeks’ compensation.
‘‘(15) Larynx, 160 weeks’ compensation.
‘‘(16) Lung, 156 weeks’ compensation.
‘‘(17) Penis, 205 weeks’ compensation.
‘‘(18) Testicle, 52 weeks’ compensation.
‘‘(19) Tongue, 160 weeks’ compensation.
‘‘(20) Ovary (one), 52 weeks’ compensation.
‘‘(21) Uterus/cervix and vulva/vagina, 205
weeks’ compensation.
‘‘(22) Loss of hearing—
‘‘(A) complete loss of hearing of one ear,
52 weeks’ compensation; or
‘‘(B) complete loss of hearing of both ears,
200 weeks’ compensation.
‘‘(23) Compensation for loss of binocular vision
or for loss of 80 percent or more of the vision of an
eye is to be the same as for loss of the eye.
‘‘(24) Compensation for loss of more than one
phalanx of a digit is to be the same as for the loss
of the entire digit, with loss of the first phalanx
worth half the compensation for the loss of the en-
tire digit.
‘‘(25) In the case of an arm or leg, amputation
above the wrist or ankle, respectively, shall be com-
pensated as for loss of the whole arm or leg.
‘‘(26) Compensation for loss of use of two or
more digits, or one or more phalanxes of each of two
or more digits, of a hand or foot, is to be propor-
tioned to the loss of use of the hand or foot occa-
sioned thereby.
‘‘(27) Compensation for permanent total loss of
use of a member is to be the same as for loss of the
member.
‘‘(28) Compensation for permanent partial loss
of use of a member may be for the proportionate de-
gree of loss of use of the member, and the degree
of loss of vision or hearing is to be determined with-
out regard to correction.
‘‘(29) In case of loss of use of more than one
member or parts of more than one member as enu-
merated by schedule, the compensation is to be for
the loss of use of each member or part thereof, cu-
mulatively; but when the injury affects only two or
more digits of the same hand or foot, paragraph
(24) of this subsection applies, and when partial bi-
lateral loss of hearing is involved, compensation is to
be computed on the loss as affecting both ears.
‘‘(30) For serious disfigurement of the face,
head, hands, or neck of a character likely to handi-
cap the employee in securing or maintaining employ-
ment, proper and equitable compensation at a value
not to exceed $3,500 shall be awarded in addition to
any other compensation payable under this schedule.
‘‘(31) For permanent loss or permanent loss of
use of any other important external or internal
organ of the body, as determined by the Secretary,
proper and equitable compensation at a value not to
exceed 312 weeks’ compensation for each organ so
determined shall be paid in addition to any other
compensation payable under this schedule.’’.
(e) BENEFICIARIES OF AWARDS UNPAID AT DEATH:
ORDER OF PRECEDENCE.—Section 8109(b) of title 5,
United States Code, is amended by striking out ‘‘even if
at the time of death’’ and all that follows through the end
of the subsection and inserting in lieu thereof a period.
(f) AUGMENTED
COMPENSATION
FOR
DEPEND-
ENTS.—Section 8110 of title 5, United States Code, is re-
pealed.
(g) MAXIMUM
AND
MINIMUM
MONTHLY
PAY-
MENTS.—Section 8112(a) of title 5, United States Code,
is amended—
(1) by striking out ‘‘including augmented com-
pensation under section 8110 of this title but’’; and
(2) by striking out ‘‘75 percent’’ both places it
appears and inserting in lieu thereof in each in-
stance ‘‘662⁄3 percent’’.
(h) LIMITATION ON RIGHT TO RECEIVE COMPENSA-
TION.—Section 8116 of title 5, United States Code, is
amended—
(1) in subsection (a)—
(A) in paragraph (3), by striking out
‘‘and’’ at the end of the paragraph;
(B) in paragraph (4), by striking out the
period at the end of the paragraph and insert-
ing in lieu thereof ‘‘; and’’;
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) for a schedule award.’’; and
(D) by striking out ‘‘However, eligibility
for and receipt of benefits’’ and all that follows
through the end of the subsection; and
(2) by adding at the end the following new sub-
sections:
‘‘(e) Notwithstanding any other provision of this title,
no benefits for wage loss under this subchapter shall be
paid to any individual during any period during which
such individual is confined in a jail, prison, or other penal
institution or correctional facility, pursuant to his or her
conviction of an offense which constitutes a felony or other
crime under applicable law.
‘‘(f) Notwithstanding the provisions of section 552a
of this title, or any other provision of Federal or State
law, any agency of the United States Government or of
any State (or political subdivision thereof) shall make
available to the Secretary, upon written request, the name
and social security account number of any individual who
is confined in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of such agency,
pursuant to his conviction of an offense which constituted
a felony or other crime under applicable law, which the
Secretary may require to carry out the provisions of this
subsection.’’.
(i) TIME OF ACCRUAL OF RIGHT.—Section 8117 of
title 5, United States Code, is amended to read as follows:
‘‘§ 8117. Time of accrual of right
‘‘An employee is not entitled to compensation or to
continuation of pay during the first three days of dis-
ability, other than as provided by sections 8103 and 8104
of this title. Pursuant to regulations of the Secretary, em-
ployees may use accrued annual leave, sick leave, or leave
without pay during such waiting period.’’.
(j) CONTINUATION OF PAY; ELECTION TO USE AN-
NUAL OR SICK LEAVE.—Section 8118 of title 5, United
States Code, is amended—
(1) in subsection (b)(1), by striking out ‘‘with-
out a break in time’’ and inserting in lieu thereof
‘‘following the three-day waiting period prescribed in
section 8117 of this title,’’;
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) An employee may use annual or sick leave to
his credit at the time the disability begins, but his com-
pensation or disability does not begin until termination of
pay as set forth in subsections (a) and (b) or the use of
annual and sick leave ends.’’; and
(3) in subsection (e), by adding at the end the
following new sentence: ‘‘Payments may be recov-